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TASMANIA
__________
MISUSE OF DRUGS AMENDMENT BILL
2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 6 amended (Manufacturing controlled drug for
sale)
5. Section 7 amended (Cultivating controlled plant for sale)
6. Section 12 amended (Trafficking in controlled substance)
7. Sections 36A and 36B inserted
36A. Alternative convictions
36B. Costs of analysis or examination
[Bill 100]-III
2
MISUSE OF DRUGS AMENDMENT BILL
2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Misuse of Drugs Act 2001
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Misuse of Drugs
Amendment Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Misuse of Drugs Act 2001* is referred to
as the Principal Act.
*No. 94 of 2001
[Bill 100] 3
s. 4 No. Misuse of Drugs Amendment 2003
Section 6 amended (Manufacturing controlled drug
for sale)
4. Section 6 of the Principal Act is amended as follows:
(a) by omitting from subsection (2) "in the absence
of evidence to the contrary," and substituting
"unless the accused on the balance of
probabilities proves otherwise,";
(b) by omitting subsection (3).
Section 7 amended (Cultivating controlled plant for
sale)
5. Section 7 of the Principal Act is amended as follows:
(a) by omitting from subsection (2) "in the absence
of evidence to the contrary," and substituting
"unless the accused on the balance of
probabilities proves otherwise,";
(b) by omitting subsection (3).
Section 12 amended (Trafficking in controlled
substance)
6. Section 12 of the Principal Act is amended as follows:
(a) by omitting from subsection (2) "in the absence
of evidence to the contrary," and substituting
"unless the accused on the balance of
probabilities proves otherwise,";
(b) by omitting subsection (3).
4
2003 Misuse of Drugs Amendment No. s. 7
Sections 36A and 36B inserted
7. After section 36 of the Principal Act, the following
sections are inserted in Division 2:
Alternative convictions
36A. (1) A person who is indicted for but found not
guilty of an offence under section 6(1) may be
convicted of an offence under section 21 if the
evidence in the proceedings on the indictment
establishes that the person committed that other
offence.
(2) A person who is indicted for but found not
guilty of an offence under section 7(1) may be
convicted of either or both of the following offences if
the evidence in the proceedings on the indictment
establishes that the person committed that other
offence or, if applicable, those other offences:
(a) an offence under section 22;
(b) an offence under section 25.
(3) A person who is indicted for but found not
guilty of an offence under section 12(1) may be
convicted of an offence under section 24 if the
evidence in the proceedings on the indictment
establishes that the person committed that other
offence.
(4) This section has effect despite anything to
the contrary in Chapter XXXIX of Part IX of the
Criminal Code.
Costs of analysis or examination
36B. (1) In this section, "analyst" has the same
meaning as in the Poisons Act 1971.
5
s. 7 No. Misuse of Drugs Amendment 2003
(2) Where, for proceedings under this Act, the
prosecutor has caused the substance or plant to
which the proceedings relate to be analysed or
examined by an analyst, the court may, in case of a
conviction, assess the reasonable expense of and
attending the analysis or examination and award it
against the defendant as part of the costs of the
prosecutor.
(3) In addition to the costs, if any, under
subsection (2), the court may assess and award
against the defendant
(a) as part of the costs of the prosecutor, the
expenses incurred by the prosecutor
while engaged in travelling to and
attending the trial, including the
proportionate part of the prosecutor's
salary while so engaged; and
(b) if an analyst has given evidence in the
proceedings, such costs in respect of the
analyst's attendance as the court may
determine.
6 Government Printer, Tasmania