Answers to Questions

DRUG PARAPHERNALIA

In reply to the Hon. A. BRESSINGTON (24 February 2011).

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women): The Attorney-General is advised:

Enquiries have been made with the Office of Crime Statistics and Research to ascertain the numbers of prosecutions under section 9B of the Summary Offences Act 1953. It should be noted that there is only data available for 2008-09 at this time.

Apprehension Reports

2008: 4 charges

3 under s9B(1)(a)

1 under s9B(1)(b)

2009: 4 charges under s9B(1)(a)

Court Prosecutions (on cases finalised by 31 December 2009)

2008: 2 charges under s9B(1)(b), both with outcome of 'not guilty/no conviction recorded'

2009: 2 charges:

1 charge under s9B(1)(a) with outcome of 'conviction'

1 charge under s9B(1)(b) with outcome of 'conviction'

There were also committal proceedings in 2009 in the Magistrates Court for a further 2 charges under s9B(1)(a) however these proceedings were not finalised in the District or Supreme Courts by 31 December 2009, and so are not included in the statistics.

A review of the legislation was undertaken by the appropriate officers in the Attorney-General's department, with information provided by SAPOL. It was concluded that no amendments to the Act were necessary. The intention of Parliament was not to ban pipes used with legal substances such as tobacco, and it is not feasible to widen the definition further as it would capture items not intended for illegal substance use.

It is not the role of the Attorney-General to decide which items do and do not fall within the definition in section 9B. The Courts determine whether or not an item falls within the definition based on the evidence presented to them when an offence is prosecuted.

It is incorrect to say that Parliament should be enforcing the law-that is why we have a police force and a court system. If there are concerns about items on sale, that should be reported to the Police whose role it is to investigate suspected breaches of the law.