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| Madam Speaker, I move that the bill be now read a second time. The need for this bill was identified following an investigation and report into existing laws on drink and food spiking around the country, commissioned by the Standing Committee of Attorneys-General. The report was commissioned following the increasing awareness of drink and food spiking as a result of what is colloquially known as date rape. Anecdotal evidence tells us that this is most likely to occur around licensed premised, where the item being spiked is an alcoholic beverage. Victims are unaware that their drink has either had more alcohol added to it than they expected, or has had a drug added to it. In many cases, this drink spiking causes the victim to become heavily intoxicated in a short period of time, and therefore more vulnerable in many respects, possibly dis-inhibited, acquiescent and, unfortunately, less likely to have any memory upon sobering up. The Model Criminal Law Officers Committee comprised of senior criminal lawyers from around the country tabled their report titled Food and Drink Spiking at a meeting in July 2007. Following presentation of the report, all Australian jurisdictions agreed through SCAG to work towards implementing recommendations, and ensuring that they each had comprehensive laws to properly address the issue of food and drink spiking. I am pleased to inform the House that the report indicated that the Territory already has a solid set of laws which address the most serious criminal behaviour related to food and drink spiking. In the Northern Territory we already have laws which make it an offence to administer a drug with the intent to commit a crime, for example, sexual assault, assault, robbery, stealing or fraud. It is also an offence to cause any substance to be taken within intent to cause serious harm, disfigure or disable another person. Committing either of these offences attracts a maximum sentence of life imprisonment. One area where the report indicated that Northern Territory laws were lacking however, was at the lower end of the scale, that is when food or drink spiking occurs in a less serious context, perhaps just for a prank, or where the person spiking a drink intends only to embarrass or humiliate the victim, to make them intoxicated, or to obtain some advantage over the victim that is less serious than envisaged in existing legislation. This bill seeks to address this gap by introducing a lesser offence which will be heard in the Court of Summary Jurisdiction. In combination with existing laws, this new offence will ensure that all members of the public are protected from food and drink spiking. Notwithstanding the focus of this bill is for an objectively less serious offence, it must be acknowledged that all forms of food and drink spiking potentially have very serious ramifications for victims. Introducing a drug or alcohol into the food or drink of another is inherently dangerous. The victim may already be intoxicated, or they may be taking prescription medications, resulting in adverse affects when combined with other drugs. They may have consumed prohibited drugs. Victims may suffer allergies to certain types of drug or alcohol. They may be at risk of injuring themselves or others, due to a lack of mobile function or rendered vulnerable to the malevolence of others as a result of their intoxicated state. It is for these reasons that this new offence is required in the Northern Territory. The maximum penalty for this offence will be two years imprisonment. This corresponds with the recommendation made in the report. The provision will be inserted into the Criminal Code and be subject to new principles of criminal responsibility introduced by this government in 2005. Madam Speaker, I commend the bill to honourable members and table a copy of the explanatory statement. Debate adjourned. |