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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-11-13 Daily Xml
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CONTROLLED SUBSTANCES (POSSESSION OF PRESCRIBED EQUIPMENT) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning) (18:23): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

In its election promises for the 2006 election, the Government dealt with hydroponic cannabis in its 'Tough on drugs' policy. In that policy, it pledged to make it an offence to have hydroponic equipment without lawful excuse and also to require hydroponic equipment retailers to maintain a record of sales of hydroponic equipment. It also promised legislation to require customers to provide identification when purchasing hydroponic equipment.

On 12 November 2004 the Ministerial Council on Drug Strategy (MCDS) agreed to the development of a National Cannabis Strategy, and, after much development work, the Strategy was endorsed by the MCDS on 15 May, 2006. That Strategy says that priority actions include:

Assess the feasibility of the regulation of the sale of hydroponic equipment, similar to regulation of the liquor and second-hand dealer industries, at a national level whereby: businesses selling hydroponic equipment need to register on a police-controlled database; business owners must be judged to be of good character; and the identification details of purchasers need to be recorded. Evaluate the impact of these increased regulatory controls.

If the Parliament is to legislate on the subject of specific equipment commonly used to grow cannabis, it also makes sense to legislate on the subject of specific equipment commonly used in illicit drug laboratories. The Government has determined that this sort of equipment should be treated in the same way as prescribed hydroponic equipment.

It is therefore proposed to amend the Controlled Substances Act to make it an offence to possess regulated equipment without a reasonable excuse. The onus will be on the possessor to prove a reasonable excuse on the balance of probabilities. This offence will be extended to possession without reasonable excuse of any document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant. It is also proposed that this offence attract the maximum summary penalty of imprisonment for two years or a fine of $10,000. This ensures that the offence is placed at the top of the summary offence range.

This Bill and others to be introduced are part of the first phase of the Government's legislative response to criminal motor cycle gang offending, in this instance targeting the cultivation of cannabis and the manufacture of amphetamine and amphetamine—type drugs. Legislation comprising the second and subsequent phases will be introduced later this year and next year.

The cultivation of hydroponic cannabis has absolutely no function for the personal use of cannabis. Hydroponic cannabis feeds organised criminal activity and it must be curtailed and disrupted. The inclusion of drug recipes and other illicit material in the regulations will target illicit drug laboratories repeatedly associated with criminal motor cycle gang offending.

The specific equipment concerned will be prescribed by regulation. As presently advised, an indicative list of the things contemplated by this policy would include:

specified carbon filters

high performance lights

condenser;

distillation head;

heating mantle;

rotary evaporator;

reaction vessel, including a reaction vessel under repair or a modification of a reaction vessel;

splash head, including a splash head under repair or parts for a splash head;

manual or mechanical tablet press, including a tablet press under repair, a modification of a tablet press and parts for a tablet press;

manual or mechanical encapsulator, including a encapsulator under repair, a modification of an encapsulator and parts for a encapsulator.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Controlled Substances Act 1984

4—Insertion of section 33LA

This clause inserts a new provision in Part 5 Division 4 of the Act (as amended by the Controlled Substances (Serious Drug Offences) Amendment Act 2005) as follows:

33LA—Possession of prescribed equipment

This clause makes it an offence to possess, without reasonable excuse, prescribed equipment which is defined to mean documents containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant and other equipment prescribed by regulation. Proof of a reasonable excuse lies on the defendant and the offence is punishable by a fine of $10,000 or 2 years imprisonment or both.

5—Amendment of section 63—Regulations

This clause makes a consequential amendment to the regulation making power to specify that a regulation prescribing equipment for the purposes of new section 33LA does not require consultation with the Controlled Substances Advisory Council.

Debate adjourned on motion of the Hon. J.M.A. Lensink.

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