<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
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  <name>House of Assembly</name>
  <date date="2015-07-02" />
  <sessionName>Fifty-Third Parliament, Second Session (53-2)</sessionName>
  <parliamentNum>53</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
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  <reviewStage>published</reviewStage>
  <startPage num="1991" />
  <endPage num="2079" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Bills</name>
    <subject>
      <name>Controlled Substances (Commercial Offences) Amendment Bill</name>
      <bills>
        <bill id="r3778">
          <name>Controlled Substances (Commercial Offences) Amendment Bill</name>
        </bill>
      </bills>
      <text id="20150702cb4521b1e7cd4e1490000097">
        <heading>Controlled Substances (Commercial Offences) Amendment Bill</heading>
      </text>
      <subproceeding>
        <name>Second Reading</name>
        <text id="20150702cb4521b1e7cd4e1490000098">
          <heading>Second Reading</heading>
        </text>
        <text id="20150702cb4521b1e7cd4e1490000099">Adjourned debate on second reading.</text>
        <text id="20150702cb4521b1e7cd4e1490000100">(Continued from 14 May 2015.)</text>
        <talker role="member" id="4342" kind="speech">
          <name>Mr VAN HOLST PELLEKAAN</name>
          <house>House of Assembly</house>
          <electorate id="">Stuart</electorate>
          <startTime time="2015-07-02T11:10:58" />
          <page num="1998" />
          <text id="20150702cb4521b1e7cd4e1490000101">
            <timeStamp time="2015-07-02T11:10:58" />
            <by role="member" id="4342">Mr VAN HOLST PELLEKAAN (Stuart) (11:10):</by>  It is a pleasure for me to wholeheartedly support the member for Hartley on the Controlled Substances (Commercial Offences) Amendment Bill. As the member for Hartley has made very clear, this is a recommendation that has come from the Chief Justice and the other two justices of the Supreme Court. This happened well over a year ago and the government has had plenty of opportunity to act on this yet it has chosen not to, and I think it is outstanding that the member for Hartley, with care and interest in his own community, and South Australia more broadly, has brought this private member's bill forward. He is also legally trained, so he is the right type of person to understand all the implications of what he suggests and, of course, what he suggests is that a series of offences which cannot currently be jointly prosecuted as a recognised crime should be bundled together so that they can be.</text>
          <text id="20150702cb4521b1e7cd4e1490000102">The main purpose of that is because it may simplify the pursuit of some criminals, but it will also allow the ability for courts to impose greater sentences on people who are convicted of this law if this recommended change is implemented. I hope we would all be supportive of tougher penalties for people who are involved in the trafficking of drugs. I cannot imagine a member of parliament in any state who would not be supportive, whether it be Liberal, Labor, a minor party, or whoever. We do all want that. The member for Hartley is trying to be sensible and proactive to allow that to happen. As I say, he is proposing something that the court system itself has recommended, so I think that is very important.</text>
          <text id="20150702cb4521b1e7cd4e1490000103">I would be very disappointed were the government not to support the member for Hartley in this effort because he is doing what we would all want to do, which is to attack the illegal drug trade. I made an effort last year to try and do that, which the government did not support, and I was very disappointed in that. That was the drug diversion bill which would mean that people who were convicted of fairly minor possession offences could then request, of their own accord, to participate in drug diversion programs, so programs which would essentially re-educate them, and they could make that request as many times as they like.</text>
          <text id="20150702cb4521b1e7cd4e1490000104">I fully support people being allowed to improve themselves; essentially, to try and get themselves back on track when they have committed simple and minor offences. To be allowed to do that multiple times—in one case up to 32 times—and to be able to continually ask for one more chance I thought was crazy. I asked the government to limit that to two times, and on the third time they must face a magistrate. That magistrate could, if he or she wanted to, allow further access to drug diversion programs, but the government did not support that.</text>
          <text id="20150702cb4521b1e7cd4e1490000105">The member for Hartley is coming from a different angle. I was trying to play a part with regard to addressing essentially the customers of the drug trade; the member for Hartley, to his credit, is directly attacking the trade itself. I think that no opportunity to directly attack the trade itself in a responsible way should be forgone, so I support the member for Hartley, I support this amendment bill, and I hope that all members of this house will do the same.</text>
          <text id="20150702cb4521b1e7cd4e1490000106">Debate adjourned on motion of Mr Odenwalder.</text>
        </talker>
      </subproceeding>
    </subject>
  </proceeding>
</hansard>