(1) A person who administers, or attempts to administer, in drink a substance
to another person (the
"other person" ) without the other person having knowledge of the substance
with intent to cause the other person to be stupefied or overpowered is guilty
of a crime and is liable to imprisonment for 5 years.
(2) If the substance is
alcohol, for section 24only, the circumstances in which the other person is
taken to have knowledge of the alcohol include where the other person would
not object to the administration of the alcohol if the other person had actual
knowledge of it.
(3) The following matters are immaterial—
(a) whether the
lack of knowledge of the substance is lack of knowledge of the presence at all
of the substance or of the particular quantity of the substance;
(b) whether
the substance is capable of having the effect intended;
(c) whether a
particular person is intended to be the person to whom the substance is
administered or attempted to be administered.
(5) This section does
not apply to an act lawfully done in the course of the practice of a
health professional, the carrying out of a function under an Act or the
performance of the responsibilities of a parent or carer.
(6) In relation to
an attempt to administer a substance, for this section and section 4, attempt
includes adding a substance to drink in preparation for the administration of
the substance.
(7) In this section—
"adding a substance" , to drink, includes, without limiting section 7, the
following—
(b) substitute drink with other
drink containing the substance;
(c) take any step to provide drink containing
the substance instead of other drink.
"circumstances" , where the other person is not intending to be
stupefied or overpowered, includes any circumstance of timing, place,
condition, or way of stupefaction or overpowering.