Controlled Substances (Simple Possession Offences) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 29 October 2015.)

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (18:08): I believe that all second reading contributions have been completed. I thank honourable members for those contributions and look forward to the committee stage being dealt with expeditiously.

In committee.

Clause 1.

The Hon. G.E. GAGO: I rise to respond to a question that the Hon. Andrew McLachlan asked during his second reading contribution. The bill amends the Controlled Substances Act 1984 to preclude a person who is charged with a serious drug offence, as defined in the bill, from being diverted under the police drug diversion initiative scheme for a simple possession offence arising out of the same circumstances.

The Hon. Andrew McLachlan asked during the debate what the situation would be under the amendments if an individual is alleged to have committed a simple possession offence and is also charged with a serious drug offence, but is subsequently acquitted of the serious offence or the charges are withdrawn. He questioned whether the person is then diverted under the drug diversion initiative for the alleged simple possession.

I am advised that the act as amended would provide that, if a person is charged with a serious drug offence, then the diversion scheme provisions do not apply. Therefore, if there is a subsequent acquittal or withdrawal of a serious drug offence charge, then the provisions no longer apply and the person would not be diverted under the scheme.

It is possible that the person could go on to be convicted of the simple possession offence, if that was also charged. However, the DPP has previously advised that he would not tend to charge the simple possession offence on the same information as a major indictable serious drug offence; rather, he would lead evidence of simple possession, if relevant, as part of the proceedings for the serious drug offence.

Accordingly, the most likely outcome is that the person, having been acquitted or the serious drug offence charge having been withdrawn, is neither diverted nor prosecuted for the alleged simple possession. I hope that answers the Hon. Andrew McLachlan's question.

The Hon. A.L. McLACHLAN: I thank the minister for her response. It was a comprehensive response and I thank the minister and the Attorney-General's staff who would have put that together. The opposition will not be seeking any amendments to this bill at this committee stage.

Clause passed.

Remaining clauses (2 to 4), schedule and title passed.

Bill reported without amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (18:13): I move:

That this bill be now read a third time.

Bill read a third time and passed.