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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2019-11-13 Daily Xml
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Bills

Controlled Substances (Nitrous Oxide) Amendment Bill

Introduction and First Reading

Mr BOYER (Wright) (10:32): Obtained leave and introduced a bill for an act to amend the Controlled Substances Act 1984. Read a first time.

Second Reading

Mr BOYER (Wright) (10:32): I move:

That this bill be now read a second time.

I rise to speak to the Controlled Substances (Nitrous Oxide) Amendment Bill, which will amend the Controlled Substances Act 1984. Put simply, this bill looks to address the use of nitrous oxide for illicit purposes. Like many people here, I suspect that I was largely naive about the use of nitrous oxide for illicit purposes before I was elected to this place. Not long after my election, I was contacted by residents of Breakwater Court in Gulfview Heights, who alerted me to a longstanding issue they had with people parking in their court late at night and inhaling hundreds of nitrous oxide canisters.

I went to inspect this location on many occasions and quickly realised that the residents' claims were completely correct. Not only did that loitering, hoon driving and nitrous oxide use reported by residents cause a great disturbance in their neighbourhood but there were clearly some serious health effects for the people inhaling the nitrous oxide.

To restore the peace and amenity for the people who live there, my initial response was to work with council and police to try to somehow discourage those people from using Breakwater Court to consume nitrous oxide. With the support of Salisbury council, SAPOL and the local Messenger newspaper, we managed to achieve that aim. I still regularly visit Breakwater Court, hop out of my car and try to find empty nitrous oxide canisters. I am pleased to say that so far I have been unsuccessful.

In one of my regular meetings with SAPOL officers in the northern and north-eastern suburbs, I raised again the issue of nitrous oxide use and was told that there were strong suspicions that a fatal road accident not far from Breakwater Court may have been caused in part by young people consuming nitrous oxide, then jumping in their cars and speeding away. This information motivated me to dig a little bit deeper into the potential harm caused by nitrous oxide to the user. It also caused me to investigate laws currently in place that discouraged or prohibited the use of nitrous oxide for illicit purposes such as inhaling.

Nitrous oxide is used for a number of very legitimate purposes, too, including as a propellant in whipped cream dispensers, as an anaesthetic and in the automotive industry. In its propellant form, nitrous oxide comes in small, metal canisters, also known as bulbs, that are inserted into a whipped cream dispenser. It is these canisters that are also used as an inhalant. This is normally achieved by the user using what is referred to as a 'cracker', a small device into which the canister can be placed, and once it is screwed up tightly it releases the nitrous oxide.

Users generally release the gas into a balloon because it comes out at sub zero temperatures that can cause damage to the inhaler's mouth and lips. Once the nitrous oxide is dispelled into the balloon, the user can then inhale it in smaller amounts. The effects of nitrous oxide on the human body are numerous and significant. In small doses, it provides the user with a short 20-second high and is characterised by light-headedness and euphoria. However, in larger amounts it can cause disassociation of the mind from the body, loss of coordination, dizziness and, in cases of extreme use, it has been known to cause permanent nerve damage.

Data around the prevalence of nitrous oxide use is scarce due mainly to the way in which it is regulated. However, through the consultation I have undertaken on this bill, it has become clear to me that people in the medical profession feel that its use is on the rise. Cases of prolific use have increased and, of course, it is these medical professionals who treat the users who see the damage that prolific use of nitrous oxide causes. Given the similarities between illicit nitrous oxide use and the use of glue, aerosol cans and other solvents used for inhaling, it occurred to me that the laissez faire approach to the purchase of nitrous oxide canisters is problematic.

Upon researching what laws are in place to prohibit illicit use, and comparing those laws with what is in place in other jurisdictions, it was apparent to me that laws regulating the sale of nitrous oxide in South Australia were out of step with the use of the drug for illicit purposes. It was for this reason that I asked the parliamentary library to research both the effects of nitrous oxide upon the human body and any mechanisms that had been put in place in other jurisdictions in Australia or across the world to prevent its illicit use.

Coincidentally, during this process I joined other members of this place, at the invitation of Encounter Youth, to conduct a late-night—or really early morning—tour of Hindley Street to look at the fantastic work that Encounter Youth does in keeping safe those people who are out enjoying themselves on a Friday or Saturday night on Hindley Street. On that journey, we came upon a couple of nitrous oxide hotspots, including one near the corner of Hindley and Morphett streets, which is regularly strewn with empty nitrous oxide canisters. I have also consulted with Encounter Youth on this bill, and I am very grateful for its support and advice.

Currently, the law prohibits the sale of nitrous oxide to a person or persons whom the seller reasonably suspects is going to use that nitrous oxide for illicit purposes. There are some quite obvious limitations to this approach, including the fact that the test of whether or not the seller believes the purchaser will be using the nitrous oxide for illicit purposes is very subjective and difficult to prove.

What I am proposing is to bring the regulation of nitrous oxide into line with other like substances, such as solvents and aerosols, which, although also designed for very legitimate uses, can also be easily misused. The bill proposes to achieve this by first of all making it an offence to sell nitrous oxide to anyone under the age of 18 years. After much consultation on this point, including with members of the restaurant and catering industry, nobody has advised me that there is a need for persons under the age of 18 years to buy nitrous oxide for any lawful reason.

The bill also seeks to make it a requirement for sellers of nitrous oxide to keep a record of the person or persons to whom they sell the product and to request identification, which will then be recorded in a register. I feel that this strikes a balance between stamping out some of the pretty transparent retailer practices currently occurring in some smaller shops that sell nitrous oxide canisters conveniently located right next to a bag of balloons and, hopefully, discouraging some would-be users from purchasing the canisters in the first place. I am completely convinced that the sellers of this product know who is buying it and they know the intended use. In fact, there is at least one convenience store on Hindley Street that I believe only sells the canisters on Saturday nights.

The bill will also seek to create an additional offence and increase penalties specifically targeted at nitrous oxide. As part of my consultation, I have spoken with those who have advised me that, although nitrous oxide is undoubtedly harmful and dangerous, it is not high on the list of priorities in our war against drugs. But I say to them and to those in this place who may be undecided about their support for this bill: do not let the perfect be the enemy of the good. A small step is better than no step at all. I look forward to working constructively with members of this place to progress this bill and address this important community safety issue. I commend the bill to the house.

Debate adjourned on motion of Mr Pederick.

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