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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-06-07 Daily Xml
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CONTROLLED SUBSTANCES (OFFENCES RELATING TO INSTRUCTIONS) AMENDMENT BILL

Second Reading

Second reading.

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for Gambling) (17:59): 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.

The Labor Community Safety Policy at the 2010 election pledged the making of a law banning the sale, or supply, of a document containing instructions on how to make illicit drugs.

It is obviously undesirable for people to encourage the manufacture of illegal drugs or the cultivation of illegal plants by selling, supplying or circulating instructions on how to break the law. This behaviour is already criminalised to a certain extent.

Section 33LA of the Controlled Substances Act 1984 now says:

33LA—Possession of prescribed equipment

(1) A person who, without reasonable excuse (proof of which lies on the person), has possession of any prescribed equipment is guilty of an offence.

Maximum penalty: $10,000 or imprisonment for two years, or both.

(2) In this section—

prescribed equipment means—

(a) a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant; or

(b) equipment of a kind prescribed by regulation.

Therefore the existing offence dealing with instructions to make or cultivate illicit drugs covers any possession of these instructions. It is proposed to implement the pledge by creating separate sale and supply offences that would logically have a higher penalty, making the offences minor indictable.

The general structure of the offences in the Controlled Substances Act 1984 is to have separate offences in relation to (a) commercial activity; (b) commercial activity conducted in relation to children; and (c) non-commercial activity.

Therefore, in the offences dealing with commercial activity, it is proposed to enact an offence of selling a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant; possessing a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant with intent to sell it.

In the offences dealing with commercial activity conducted in relation to children it is proposed to enact the same offences but conducted in relation to a child.

In the non-commercial offences, it is proposed to enact offences dealing with possessing a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant; and supplying a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant.

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—Substitution of heading to Part 5 Division 2 Subdivision 4

This clause makes a consequential amendment to a heading.

5—Insertion of section 33DA

This clause creates a new offence of selling, or possessing for sale, a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant. It is a defence to have a reasonable excuse. The penalty is $10,000 or imprisonment for 3 years, or both.

6—Insertion of section 33GB

This clause creates a new offence of selling to a child, or possessing for sale to a child, a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant. It is a defence to have a reasonable excuse. The penalty is $20,000 or imprisonment for 3 years, or both.

7—Amendment of section 33LA—Possession of prescribed equipment

This clause makes a consequential amendment to a definition in section 33LA.

8—Insertion of section 33LAB

This clause creates a new offence of possession or supply of a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant. It is a defence to have a reasonable excuse. The penalty is $10,000 or imprisonment for two years, or both.

Debate adjourned on motion of Hon. T.J. Stephens.

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