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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2008-04-02 Daily Xml
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DRUGS, PENALTIES

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs) (14:19): I seek leave to make a ministerial statement.

Leave granted.

The Hon. M.J. ATKINSON: Today I shall be announcing plans to legislate to increase penalties against the cultivation of hydroponic cannabis and require courts to treat amphetamines alongside the most serious category of illicit drugs. I will be giving notice to parliament that I will introduce the Controlled Substances (Controlled Drugs, Precursors and Cannabis) Amendment Bill 2008, the latest step in the government's largest review of drug laws in 25 years. These reforms will make it difficult—

Mr Williams interjecting:

The SPEAKER: The member for MacKillop will come to order!

The Hon. M.J. ATKINSON: These reforms will make it more difficult for drug barons to source the chemical ingredients needed to fuel their death-dealing drug labs. They also introduce major new offences aimed directly at those who are operating drug laboratories.

The Commissioner of Police has argued that the Controlled Substances Act 1984 and the amending Controlled Substances (Serious Drug Offences) Amendment Act 2005 'do not adequately provide intervention opportunities necessary to effectively prevent the manufacture of illicit drugs'. The Police Commissioner wants an offence of possession of precursor chemicals without lawful excuse.

The proposed changes build on measures already adopted by this government to crack down on organised crime, particularly motorcycle gang crime. The government is determined to combat illegal drug use and offenders in this state, and will continue to change the law as and when needed. The proposed law changes make an offence of possession of any amount of any listed precursor chemical or an item of prescribed drug equipment with the intent to manufacture a controlled drug. The applicable maximum penalty is to be five years' imprisonment or $15,000.

The proposed changes honour election pledges that this government will create a specific offence of cultivating cannabis hydroponically. The government also pledged before the previous state election to legislate to ensure that courts treat the manufacture, sale and distribution of amphetamines, ecstasy and similar drugs at the upper level of the penalty range rather than the middle. The bill also honours an election pledge to make the possession of firearms, in conjunction with drug offences, an aggravating feature of the drug offence, attracting higher penalties.

The changes reinforce the strong anti-drug laws already adopted by the Rann Labor Government in parliament, including new maximum penalties of life imprisonment and million dollar fines for trafficking drugs to children. Since December people found with large commercial quantities of precursor chemicals also now face up to 25 years in prison, rather than the previous penalty of a fine of up to $5,000.

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