HANSARD
SITTING CALENDAR
SEARCH
LIVE BROADCAST
Hansard Dynamic Subject Index
House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2020-03-25 Daily Xml
Contents
Pdf Xml

Controlled Substances (Drug Offences) Amendment Bill

Introduction and First Reading

Mr ODENWALDER (Elizabeth) (10:54): Obtained leave and introduced a bill for an act to amend the Controlled Substances Act 1984. Read a first time.

Second Reading

Mr ODENWALDER (Elizabeth) (10:54): I move:

That this bill be now read a second time.

I will be brief. As I am sure you are aware, this is a replica of some legislation I brought into this place in the last sitting of parliament, which was rejected over and over again by the government, as were several other measures intended to enhance police powers in relation to the detection and eventual prosecution of ice-related offences—drug offences, but directed mainly at ice nonetheless. This measure was a recommendation of the Ice Taskforce, as were some other measures I brought into this place that were similarly rejected by the government. I will try again to bring some sense into this parliament in relation to the ice scourge.

This is a very simple bill. It amends the Controlled Substances Act to essentially give police the authority to search people and vehicles observed entering and leaving a known drug house, that is, a house from which police reasonably suspect drugs are being dealt and/or trafficked. At present, of course, it is very difficult for police to prove this link. This amendment provides that simply being seen leaving or entering such premises can be a cause to suspect and therefore reason to search. Under the current law, police have no particular power to search these people and vehicles for drugs, even if they reasonably suspect that drugs are being sold from the house from which these people are seen coming and going. The clause is simple: it is one clause inserted into the Controlled Substances Act. It reads:

(9a) Without limiting the circumstances in which an authorised officer who is a police officer may form a reasonable suspicion for the purposes of subsection (6) or (9), if the officer sees a person or vehicle entering or leaving premises that the officer reasonably suspects are used for the manufacture, distribution or storage of a substance, and possession of the substance by a person would contravene this Act, it is reasonable for the officer to suspect that the person has the substance in the person's possession or that the substance is in the vehicle or a vehicle in which the person is present after leaving the premises.

This, of course, is eminently sensible and simple, and it is something which the police certainly in the last government asked for. It was a recommendation of the Ice Taskforce and, as I said, it was introduced into the parliament last year alongside another measure which proposed to give police powers to search for drugs at positive roadside drug tests. Both of these measures were, to date, inexplicably rejected by the government.

We have heard some talk from the Minister for Police about the introduction of certain changes to the Road Traffic Act that may go some way to amending this particular situation. These are simple measures that could be taken by this parliament right now. They should have been taken, indeed, as early as 18 months ago. I urge all members to support this legislation.

Debate adjourned on motion of Mr Pederick.

PARLIAMENTARY BUSINESS
MEMBERS
GET INVOLVED
ABOUT PARLIAMENT
VISIT
LEGISLATIVE COUNCIL
HOUSE OF ASSEMBLY
CONTACT