Bills

Statutes Amendment (Drug Offences) Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (18:13): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Controlled Substances Act 1984

4—Amendment of section 4—Interpretation

This clause inserts a definition of serious drug offender for the purposes of determining the maximum penalty that will apply for certain offences against the Act. An offender that is to be sentenced for an offence is a serious drug offender if the person has, within 10 years of the commission of the offence for which they are to be sentenced, been previously convicted of—

(a) 2 or more offences against Part 5 Division 2 (other than Subdivision 4) or Division 3, being offences arising out of separate incidents; or

(b) 3 or more offences against Part 5 (other than sections 33D, 33DA, 33I(2), 33K, 33L, 33LA, 33LAB or 33LB), being offences arising out of separate incidents.

5—Amendment of section 32—Trafficking

This clause proposes to amend the maximum penalties provided for in section 32 of the Act as follows:

(a) the maximum fine for an offence against section 32(1) will increase to $1,000,000 from $500,000;

(b) the maximum penalty for an offence against section 32(2) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $500,000 or imprisonment for life, or both;

(c) the maximum penalty for an offence against section 32(2a) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $200,000 or imprisonment for 25 years, or both;

(d) the maximum penalty for an offence against section 32(3) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $75,000 or imprisonment for 15 years, or both.

6—Amendment of section 33—Manufacture of controlled drugs for sale

This clause proposes to amend the maximum penalties provided for in section 33 of the Act as follows:

(a) the maximum fine for an offence against section 33(1) will increase to $1,000,000 from $500,000;

(b) the maximum penalty for an offence against section 33(2) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $500,000 or imprisonment for life, or both;

(c) the maximum penalty for an offence against section 33(3) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $75,000 or imprisonment for 15 years, or both.

7—Amendment of section 33A—Sale, manufacture etc of controlled precursor

This clause proposes to amend the maximum penalties provided for in section 33A of the Act as follows:

(a) the maximum penalty for an offence against section 33A(1) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $500,000 or imprisonment for life, or both;

(b) the maximum penalty for an offence against section 33A(2) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $200,000 or imprisonment for 25 years, or both;

(c) the maximum penalty for an offence against section 33A(3) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $75,000 or imprisonment for 15 years, or both;

(d) the maximum penalty for an offence against section 33A(4) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $75,000 or imprisonment for 15 years, or both;

(e) the maximum penalty for an offence against section 33A(5) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $75,000 or imprisonment for 15 years, or both.

8—Amendment of section 33B—Cultivation of controlled plants for sale

This clause proposes to amend the maximum penalties provided for in section 33B of the Act as follows:

(a) the maximum fine for an offence against section 33B(1) will increase to $1,000,000 from $500,000;

(b) the maximum penalty for an offence against section 33B(2) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $500,000 or imprisonment for life, or both;

(c) the maximum penalty for an offence against section 33B(3) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $75,000 or imprisonment for 15 years, or both.

9—Amendment of section 33C—Sale of controlled plants

This clause proposes to amend the maximum penalties provided for in section 33C of the Act as follows:

(a) the maximum fine for an offence against section 33C(1) will increase to $1,000,000 from $500,000;

(b) the maximum penalty for an offence against section 33C(2) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $500,000 or imprisonment for life, or both;

(c) the maximum penalty for an offence against section 33C(3) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $75,000 or imprisonment for 15 years, or both.

10—Amendment of section 33D—Sale of equipment

This clause proposes to amend the maximum penalty provided for in section 33D of the Act as follows:

(a) the maximum penalty for a basic offence will be increased to $15,000 or imprisonment for 3 years, or both;

(b) an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence is added, being $20,000 or imprisonment for 5 years, or both;

(c) an additional increased penalty is added for an aggravated offence, being $20,000 or imprisonment for 5 years, or both.

11—Amendment of section 33DA—Sale of instructions

This clause proposes to amend the maximum penalty provided for in section 33DA(1) of the Act as follows:

(a) the maximum fine for a basic offence will be increased to $15,000, from $10,000;

(b) an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence is added, being $20,000 or imprisonment for 5 years, or both;

(c) the maximum fine for an aggravated offence is to be increased to $20,000, from $15,000.

12—Amendment of section 33GA—Sale of equipment to child for use in connection with consumption of controlled drugs

This clause proposes to amend the maximum penalty provided for in section 33GA of the Act as follows:

(a) the maximum imprisonment that applies for a basic offence will be increased to 5 years, up from 2 years;

(b) an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence is added, being $30,000 or imprisonment for 7 years, or both;

(c) an additional increased penalty is added for an aggravated offence, being $30,000 or imprisonment for 7 years, or both.

13—Amendment of section 33GB—Sale of instructions to a child

This clause proposes to amend the maximum penalty provided for in section 33GB(1) of the Act as follows:

(a) the maximum imprisonment that applies for a basic offence will be increased to 5 years, up from 3 years;

(b) an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence is added, being $30,000 or imprisonment for 7 years, or both;

(c) the maximum imprisonment that applies for an aggravated offence will be increased to 7 years, up from 5 years.

14—Amendment of section 33I—Supply or administration of controlled drug

This clause proposes to amend the maximum penalties provided for in section 33I of the Act as follows:

(a) for section 33I(1), an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence is added, being $75,000 or imprisonment for 15 years, or both;

(b) for section 33I(1), an additional increased penalty is added for an aggravated offence, being $75,000 or imprisonment for 15 years, or both;

(c) for section 33I(2), the maximum penalty for a basic offence will be increased to $15,000 or imprisonment for 3 years, or both.

15—Amendment of section 33J—Manufacture of controlled drugs

This clause proposes to amend the maximum penalties provided for in section 33J of the Act as follows:

(a) the maximum fine for a basic offence against section 33J(1) will decrease to $30,000 from $35,000;

(b) the maximum penalty for an offence against section 33J(1) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $75,000 or imprisonment for 15 years, or both;

(c) the maximum penalty for an offence against section 33J(1) will include an additional increased penalty for an aggravated offence, being $75,000 or imprisonment for 15 years, or both;

(d) the maximum fine for a basic offence against section 33J(2) will be increased to $20,000, from $15,000;

(e) the maximum penalty for an offence against section 33J(2) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $30,000 or imprisonment for 7 years, or both;

(f) the maximum penalty for an offence against section 33J(2) will include an additional increased penalty for an aggravated offence, being $30,000 or imprisonment for 7 years, or both.

16—Amendment of section 33K—Cultivation of controlled plants

This clause proposes to amend the maximum penalties provided for in section 33K of the Act as follows:

(a) the maximum penalty for an offence against section 33K(1) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $5,000 or imprisonment for 5 years, or both;

(b) the maximum penalty for an offence against section 33K(1) will include an additional increased penalty for an aggravated offence, being $5,000 or imprisonment for 5 years, or both;

(c) the maximum penalty for an offence against section 33K(2) will be increased to $2,000 or imprisonment for 2 years, or both.

17—Amendment of section 33L—Possession or consumption of controlled drug etc

This clause proposes to increase the maximum penalty for an offence against section 33L(2) of the Act to $2,000.

18—Amendment of section 33LA—Possession or supply of prescribed equipment

This clause proposes to amend the maximum penalty provided for in section 33LA of the Act as follows:

(a) the maximum penalty will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $20,000 or imprisonment for 5 years, or both;

(b) the maximum penalty will include an additional increased penalty for an aggravated offence, being $20,000 or imprisonment for 5 years, or both.

19—Amendment of section 33LAB—Possession or supply of instructions

This clause proposes to amend the maximum penalty provided for in section 33LAB(1) of the Act as follows:

(a) the maximum penalty will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $20,000 or imprisonment for 5 years, or both;

(b) the maximum penalty will include an additional increased penalty for an aggravated offence, being $20,000 or imprisonment for 5 years, or both.

20—Amendment of section 33LB—Possession or supply of prescribed quantity of controlled precursor

This clause proposes to amend the maximum penalty provided for in section 33LB of the Act as follows:

(a) the maximum fine for a basic offence against section 33LB(1) will increase to $15,000 from $10,000;

(b) the maximum penalty for an offence against section 33LB(1) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $20,000 or imprisonment for 5 years, or both;

(c) the maximum penalty for an offence against section 33LB(1) will include an additional increased penalty for an aggravated offence, being $20,000 or imprisonment for 5 years, or both;

(d) the maximum fine for a basic offence against section 33LB(2) will be increased to $20,000, from $15,000;

(e) the maximum penalty for an offence against section 33LB(2) will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $30,000 or imprisonment for 7 years, or both;

(f) the maximum penalty for an offence against section 33LB(2) will include an additional increased penalty for an aggravated offence, being $30,000 or imprisonment for 7 years, or both.

21—Amendment of section 33LD—Intentional manufacture of controlled drug alternative

This clause proposes to amend the maximum penalty provided for in section 33LD of the Act as follows:

(a) the maximum penalty for a basic offence will be increased to $20,000 or imprisonment for 5 years, or both;

(b) the maximum penalty will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $30,000 or imprisonment for 7 years, or both;

(c) the maximum penalty will include an additional increased penalty for an aggravated offence, being $30,000 or imprisonment for 7 years, or both.

22—Amendment of section 33LE—Promoting controlled drug alternative

This clause proposes to amend the maximum penalty provided for in section 33LE(1) of the Act as follows:

(a) the maximum penalty will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $20,000 or imprisonment for 5 years, or both;

(b) the maximum penalty will include an additional increased penalty for an aggravated offence, being $20,000 or imprisonment for 5 years, or both.

23—Amendment of section 33LF—Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative

This clause proposes to amend the maximum penalty provided for in section 33LF(3) of the Act as follows:

(a) the maximum penalty for a basic offence will be increased to $20,000 or imprisonment for 5 years, or both;

(b) the maximum penalty will include an additional increased penalty for a basic offence committed by a person who is a serious drug offender in respect of the offence, being $30,000 or imprisonment for 7 years, or both;

(c) the maximum penalty will include an additional increased penalty for an aggravated offence, being $30,000 or imprisonment for 7 years, or both.

24—Amendment of section 34—Application of Division

Part 5 Division 6 of the Act provides for referral for assessment and undertakings of persons alleged to have committed simple possession offences, being an offence against section 33L(1) other than an offence relating to a prescribed controlled drug. This clause proposes to disapply Part 5 Division 6 in respect of a person who is alleged to have committed simple possession offence if the person has been previously referred under the Division on 2 or more occasions in respect of other simple possession offences within the preceding 4 years.

25—Amendment of section 44—Matters to be considered when court fixes penalty

This clause amends section 44(1) of the Act to add to the matters that a court must take into account in determining the penalty to be imposed on a person convicted of an indictable or minor indictable offence against this Act. The addition to section 44(1) is, in the case of an offence against section 33, whether a child was present at any stage when the offence occurred.

Part 3—Amendment of Sentencing Act 2017

26—Amendment of section 71—Home detention orders

This clause amends section 71 of the Sentencing Act 2017 to include in that section's definition of serious and organised crime offence offences under section 33F, 33G and 33H of the Controlled Substances Act 1984.

27—Amendment of section 96—Suspension of imprisonment on defendant entering into bond

This clause amends section 96 of the Sentencing Act 2017 to include in that section's definition of serious and organised crime offence offences under section 33F, 33G and 33H of the Controlled Substances Act 1984.

Debate adjourned on motion of Hon. I.K. Hunter.