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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Drink and Food
Spiking) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2008
New South Wales
Crimes Amendment (Drink and Food
Spiking) Bill 2008
Act No , 2008
An Act to amend the Crimes Act 1900 in relation to drink and food spiking, and the
use of intoxicating substances in the commission of other related offences.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Crimes Amendment (Drink and Food Spiking) Bill 2008
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Amendment (Drink and Food Spiking) Act 2008.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Crimes Amendment (Drink and Food Spiking) Bill 2008
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
Intoxicating substance includes alcohol or a narcotic drug or any
other substance that affects a person's senses or understanding.
[2] Section 4 (7)
Insert ", intoxicating substance" after "poison" wherever occurring.
[3] Section 38
Omit the section. Insert instead:
38 Using intoxicating substance to commit an indictable offence
A person who:
(a) administers an intoxicating substance to another person, or
(b) causes another person to take an intoxicating substance,
with intent to enable himself or herself, or to assist a third person,
to commit an indictable offence is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
[4] Section 38A
Insert after section 38:
38A Spiking drink or food
(1) In this section:
harm includes an impairment of the senses or understanding of a
person that the person might reasonably be expected to object to
in the circumstances.
impair includes further impair.
(2) A person:
(a) who causes another person to be given or to consume drink
or food:
(i) containing an intoxicating substance that the other
person is not aware it contains, or
(ii) containing more of an intoxicating substance than
the other person would reasonably expect it to
contain, and
Page 3
Crimes Amendment (Drink and Food Spiking) Bill 2008
Schedule 1 Amendments
(b) who intends a person to be harmed by the consumption of
the drink or food,
is guilty of an offence.
Maximum penalty: Imprisonment for 2 years or 100 penalty
units, or both.
(3) For the purposes of this section, giving a person drink or food
includes preparing the drink or food for the person or making it
available for consumption by the person.
(4) A person does not commit an offence against this section if the
person has reasonable cause to believe that each person who was
likely to consume the drink or food would not have objected to
consuming the drink or food if the person had been aware of the
presence and quantity of the intoxicating substance in the drink
or food.
(5) A person who uses an intoxicating substance in the course of any
medical, dental or other health professional practice does not
commit an offence against this section.
(6) An offence against this section is a summary offence.
[5] Section 39 Using poison etc to endanger life or inflict grievous bodily
harm
Insert ", intoxicating substance" after "poison" wherever occurring.
[6] Section 41 Using poison etc to injure or to cause distress or pain
Insert ", intoxicating substance" after "poison".
Page 4
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