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TASMANIA
__________
MISUSE OF DRUGS AMENDMENT BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 MISUSE OF DRUGS ACT 2001 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. Meaning of "trafficable quantity" and determining
"aggregated trafficable quantity"
6. Section 12 amended (Trafficking in controlled substance)
7. Section 27A inserted
27A. Unlawful importation of controlled substance
8. Section 29 amended (Power to seize controlled substances, &c.)
9. Section 30 amended (Power to conduct personal searches)
10. Section 36A amended (Alternative convictions)
11. Part 4, Division 3: Heading amended
12. Section 37 substituted
37. Crown becomes owner of controlled substances, &c.,
that are seized, surrendered or found
37A. Disposal, &c., of evidence that cannot be practicably
or safely held
[Bill 52]-III
PART 3 FORENSIC PROCEDURES ACT 2000 AMENDED
13. Principal Act
14. Section 3 amended (Interpretation)
2
MISUSE OF DRUGS AMENDMENT BILL 2005
(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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Misuse of Drugs
Amendment Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 52] 3
s. 3 No. Misuse of Drugs Amendment 2005
PART 2 MISUSE OF DRUGS ACT 2001 AMENDED
3. Principal Act
In this Part, the Misuse of Drugs Act 2001* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting "selling it;" from paragraph
(e) of the definition of "traffic" and
substituting "selling; and";
(b) by inserting the following paragraph after
paragraph (e) in the definition of
"traffic":
(f) import the substance into
Tasmania;
(c) by omitting the definition of "trafficable
quantity".
5. Section 3A inserted
After section 3 of the Principal Act, the
following section is inserted in Part 1:
*No. 94 of 2001
4
2005 Misuse of Drugs Amendment No. s. 5
3A. Meaning of "trafficable quantity" and
determining "aggregated trafficable
quantity"
(1) In this Act
"trafficable quantity", of a controlled
substance, means
(a) in the case of a controlled drug
that is not mixed with or
contained in any other substance,
a quantity of the controlled drug
that is not less than the quantity
specified in column 3 of the table
in Part 2 of Schedule 1 in relation
to the controlled drug; and
(b) in the case of a controlled drug
that is mixed with or contained in
another substance where the
combined quantity of the
substances is not less than the
quantity specified in column 3 of
the table in Part 2 of Schedule 1
in relation to the controlled drug,
any quantity; and
(c) in the case of a controlled plant, a
quantity of the controlled plant
that is not less than the quantity
specified in column 3 of the table
in Part 3 of Schedule 1 in relation
to the controlled plant; and
(d) in the case of a controlled
precursor, a quantity of the
controlled precursor that is not
less than the quantity specified in
5
s. 6 No. Misuse of Drugs Amendment 2005
column 3 of the table in Part 4 of
Schedule 1 in relation to the
controlled precursor; and
(e) in the case of 2 or more
controlled substances together, an
aggregated trafficable quantity of
the controlled substances.
(2) To determine, for the purpose of this Act,
whether a quantity of 2 or more
controlled substances together constitutes
an aggregated trafficable quantity
(a) the quantity of each of the
controlled substances is to be
calculated as a fraction of the
trafficable quantity of that
controlled substance; and
(b) the fractions calculated under
paragraph (a) are to be added
together; and
(c) the quantity is to be taken to
constitute an aggregated
trafficable quantity if the total of
those fractions so added together
is equal to or greater than the
number "1".
6. Section 12 amended (Trafficking in controlled
substance)
Section 12(2) of the Principal Act is amended as
follows:
6
2005 Misuse of Drugs Amendment No. s. 7
(a) by omitting from paragraph (d)
"substance " and substituting
"substance; or";
(b) by inserting the following paragraph after
paragraph (d):
(e) imported a trafficable quantity of
a controlled substance into
Tasmania
7. Section 27A inserted
Before section 28 of the Principal Act, the
following section is inserted in Division 5:
27A. Unlawful importation of controlled
substance
A person must not import a controlled
substance into Tasmania unless the
person is authorised to do so by or under
another law of the State.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 2 years.
8. Section 29 amended (Power to seize controlled
substances, &c.)
Section 29 of the Principal Act is amended as
follows:
(a) by omitting "a public" from paragraph
(a) of the definition of "prescribed
7
s. 9 No. Misuse of Drugs Amendment 2005
belief" in subsection (1) and substituting
"any";
(b) by omitting "a public" from paragraph
(b) of the definition of "prescribed
belief" in subsection (1) and substituting
"any";
(c) by omitting "a public" from paragraph
(c) of the definition of "prescribed
belief" in subsection (1) and substituting
"any";
(d) by inserting the following subsection
after subsection (2):
(2A) However, subsection (2) does not
apply to private premises unless
the police officer forms the
prescribed belief only after
having lawfully entered the
premises.
9. Section 30 amended (Power to conduct personal
searches)
Section 30(2) of the Principal Act is amended by
omitting "section 29" and substituting
"section 29 or 33".
10. Section 36A amended (Alternative convictions)
Section 36A(3) of the Principal Act is amended
by omitting "section 24" and substituting
"section 24, 25 or 27A".
8
2005 Misuse of Drugs Amendment No. s. 11
11. Part 4, Division 3: Heading amended
Division 3 of Part 4 of the Principal Act is
amended by omitting "Forfeiture" from the
heading to that Division and substituting
"Forfeiture and disposal".
12. Section 37 substituted
Section 37 of the Principal Act is repealed and
the following sections are substituted:
37. Crown becomes owner of controlled
substances, &c., that are seized, surrendered
or found
(1) This section applies if a controlled
substance or prescription form is
(a) seized by a police officer under a
search warrant or section 29; or
(b) voluntarily surrendered to a
police officer; or
(c) found by a police officer.
(2) The controlled substance or prescription
form
(a) becomes the property of the
Crown as soon as it is seized,
surrendered or found; and
(b) may be disposed of as the
Minister directs.
9
s. 12 No. Misuse of Drugs Amendment 2005
37A. Disposal, &c., of evidence that cannot be
practicably or safely held
(1) In this section
"evidentiary material" means a
controlled substance or hazardous
chemical that
(a) has been seized by or
otherwise come into the
possession of a police
officer; and
(b) is or could be relevant to
proceedings or
prospective proceedings
for an offence against this
Act;
"hazardous chemical" means a
chemical or other substance that
(a) is used or capable of
being used in connection
with the manufacture of a
controlled substance; and
(b) is, by reason of its
combustibility, volatility,
toxicity or some other
quality, unsafe or
potentially unsafe.
(2) This section applies if the Commissioner
of Police is satisfied on reasonable
grounds that it is impracticable or unsafe
to hold or continue holding any
evidentiary material.
10
2005 Misuse of Drugs Amendment No. s. 12
(3) The Commissioner of Police may cause
the evidentiary material to be
(a) rendered safe or inert (if
necessary by treating,
repackaging or breaking up the
material); or
(b) destroyed or otherwise disposed
of.
(4) However, before any action is taken
under subsection (3), the Commissioner
of Police must
(a) if the evidentiary material is or
could be relevant to indictable
proceedings or prospective
indictable proceedings against
this Act, consult the Director of
Public Prosecutions; and
(b) ensure that
(i) 2 or more samples are
taken of the evidentiary
material; and
(ii) each of those samples is a
true representation of the
nature of the evidentiary
material.
(5) The Commissioner must ensure that the
samples so taken are kept securely for as
long as they are reasonably likely to be
required for evidentiary purposes.
(6) The Minister may
11
s. 12 No. Misuse of Drugs Amendment 2005
(a) issue the Commissioner of Police
with written guidelines regarding
the administration of this section;
and
(b) amend or rescind any such
guidelines.
(7) The Commissioner of Police must
comply with the Minister's guidelines.
(8) The Minister's guidelines are not
(a) statutory rules for the purposes of
the Rules Publication Act 1953;
or
(b) instruments of a legislative
character for the purposes of the
Subordinate Legislation Act
1992.
12
2005 Misuse of Drugs Amendment No. s. 13
PART 3 FORENSIC PROCEDURES ACT 2000
AMENDED
13. Principal Act
In this Part, the Forensic Procedures Act 2000*
is referred to as the Principal Act.
14. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting "section 20, 21 or 26 of the Misuse of
Drugs Act 2001" from paragraph (c) of the
definition of "serious offence" and substituting
"section 20, 21, 26 or 27 of the Misuse of Drugs
Act 2001".
*No. 101 of 2000
Government Printer, Tasmania 13