CONTROLLED SUBSTANCES (POSSESSION OF PRESCRIBED EQUIPMENT) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 26 September 2007. Page 902.)

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (15:54): I will be both brief and cooperative in indicating to the house that the opposition has considered this legislation and will be supporting it. This bill was recently introduced to amend the Controlled Substances Act 1984 after the government announced its intention via a press release on 25 September 2007. Essentially, if the parliament is to legislate to control the sale of hydroponic equipment used to produce cannabis, it also makes sense to legislate in the same way for specific equipment commonly used in illicit drug laboratories.

So, essentially, this bill will introduce an amendment to the act, as I have said, to make it an offence to possess regulated equipment without reasonable excuse. The onus will be on the person in possession to prove, on the balance of probabilities, that he or she has a reasonable excuse for possessing the equipment. So it is an interesting prescription, which will carry a penalty of $10,000 or imprisonment for two years, or both, and the prescribed equipment is to be as identified by regulation, or in a document containing instructions from a manufacturer of a controlled drug or the cultivation of a controlled plant.

I made inquiry—and indicate my thanks for assistance being provided from the minister's office—as to what is proposed to be the prescribed equipment that this will cover. It is important here that, when you identify pieces of equipment which will place this very significant onus on someone to explain why they have it in their possession, you make sure that it is not equipment that is otherwise used in quite lawful activity or for domestic use, or such purposes.

As I am advised, the clandestine laboratory equipment is to refer to: a condenser, a distillation head, heating mantle, rotary evaporator, reaction vessel, including a reaction vessel under repair or a modification of a reaction vessel, splash head, including a splash head under repair or parts of a splash head, manual or mechanical tablet press, including a tablet press under repair or modification of a tablet press and parts for a tablet press, and manual or mechanical encapsulator, including an encapsulator under repair and modification of an encapsulator and parts of an encapsulator, or any item modified to perform the function of the listed items.

One example I can consider here is that if there was a pill making machine, a mechanical tablet press used to actually manufacture quite a legitimate product, some herbal tablet, for example, some vitamin pill, and it was being used quite lawfully for a quite legitimate product, then we have to make sure that we do not unfairly include those people in such a circumstance.

This also refers to any recipes or instructions for the manufacture of a controlled drug and controlled precursor, whether it is written or stored on a computer or other electronic device. It is obviously important to cover those who are using it as their menu for produce. And the cannabis equipment is: high intensity discharge lamps, including metal hallide 100 and 400 watts, high pressure sodium 100, 400 and 600 watts, and mercury vapour 400 watt, ballast boxes, including control gear, lamp mount and reflectors, and cannister carbon filters, to be used in the production of cannabis.

The opposition agrees that this is an appropriate addition to the legislation in the fight against crime in ensuring that, if we are going to deal with the regulation of illicit drug lab equipment, as well as cannabis production, that is, the hydroponics, we must make sure that we do not interfere with the normal and legitimate activities of members of the community. I think with sensible application this could be a useful tool in our efforts to fight against drug manufacture in this state, and ultimately perpetuate the misery on the community that that inflicts. So I indicate our support.

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs) (16:00): I thank the opposition for its support. It is yet another example of the Rann Labor Government working hand in glove with the Independents and minor parties to give them an opportunity to make an impact on the statute book of South Australia.

Bill read a second time and taken through its remaining stages.