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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-07-20 Daily Xml
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CONTROLLED SUBSTANCES (MISCELLANEOUS) 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 Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (17:58): 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.

This Bill amends the Controlled Substances Act 1984 to implement the 2010 Labor election commitment to create a new aggravated offence of trafficking controlled drugs in or around licensed premises and entertainment venues. It also contains some miscellaneous technical amendments to the Act.

Trafficking in Licensed Premises

The Bill amends section 32 of the Controlled Substances Act to introduce a new offence, that of trafficking in controlled drugs in a prescribed area. A prescribed area is defined to mean:

(a) prescribed licensed premises or an area being used in connection with prescribed licensed premises; or

(b) premises at which members of the public are gathered for a public entertainment or an area being used in connection with such premises.

The object of the new offence is to impose a higher maximum penalty (imprisonment for 15 years or $75 000 as opposed to imprisonment for 10 years or $50 000 for the basic offence) and as a result pose a greater deterrent to drug dealing in licensed premises and at entertainment events frequented by young people. At such premises and events the combination of alcohol, atmosphere (loud music, lighting) and peer pressure makes young people particularly vulnerable to criminals selling illegal drugs.

The new offence does not apply to trafficking in all licensed premises. The Government believes this would be too broad. The aim is to target the types of venues frequented by young people and, as a result, drug dealers-pubs, nightclubs, wine bars and the like. As such, the term prescribed licensed premises is defined to include premises in respect of which these types of liquor licenses are in force:

a hotel licence;

a restaurant licence that includes an extended trading authorisation;

an entertainment venue licence;

a club licence that includes an extended trading authorisation;

a special circumstances licence that includes an extended trading authorisation.

The new offence also applies to the Adelaide Casino and there is scope to extend it to other types of licensed premises by regulation should the need to do so arise at some point in the future. Similarly, the definition of public entertainment event is limited to a dance, performance, exhibition or event that is calculated to attract and entertain members of the public. This will cover large outdoor concerts, such as the Big Day Out, and organised dance events (commonly referred to as raves, rave parties or dance parties) whether or not admission is restricted or open, and whether or not an admission charge is imposed or access is free. The reason for limiting the new offence in this way (rather than applying it to any public event) is two-fold:

these are the types of events at which young people and drug dealers mix; and,

such events are those at which the police may use their special drug detection powers under the Act.

The new offence will also apply to areas being used in connection with prescribed licensed premises and prescribed places of public entertainment, such as a car parking area specifically provided for the use of patrons of the premises and an area in which people are queuing to enter the premises. The Government is advised that such areas are often used by drug dealers to conduct business with patrons, out of sight of security staff.

Miscellaneous Amendments

The Bill contains two miscellaneous amendments to the Controlled Substances Act.

The first is an amendment to the definition of 'discrete dosage unit' to delete the ability to prescribe amounts for discrete dosage units by regulation. This is being done because it is not thought that there will ever be an occasion where it would be wise to exercise such a power.

The second amendment is to give an analyst the power to certify that an analysed substance is an analogue of a controlled substance and to certify as to its weight, amount or quantity. The certificate shifts the onus of proof to the defendant. It is open to the defendant to disprove those matters certified.

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—Amendment of section 4—Interpretation

This clause amends the definition of discrete dosage unit in the Controlled Substances Act 1984 to remove the capacity to prescribe by regulation a maximum amount in relation to a controlled drug or controlled precursor contained in a discrete dosage unit.

5—Amendment of section 32—Trafficking

This clause amends section 32 to provide a new specific offence of trafficking in a controlled drug (other than any form of cannabis) in a prescribed area.

6—Amendment of section 53—Analysis

This clause makes it clear that an analysis may include a determination as to the weight, amount or quantity of any substance and allows the regulations to make provision in relation to such a determination. The clause also deletes an obsolete reference to a botanist.

7—Amendment of section 61—Evidentiary provisions

This clause amends the evidentiary provisions to make it clear that evidentiary certificates can identify a substance as an analogue of another substance and may certify as to the weight, amount or quantity of the substance analysed.


Debate adjourned on motion of Hon. D.W. Ridgway.

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