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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes Legislation Amendment (Food and Drink
Spiking) Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENT OF CRIMES ACT 1958 3
3 Administration of drugs etc. 3
PART 3--AMENDMENT OF SUMMARY OFFENCES ACT 1966 4
4 New Division 4B inserted 4
Division 4B--Food or drink spiking 4
41H Food or drink spiking 4
PART 4--REPEAL OF AMENDING ACT 6
5 Repeal of amending Act 6
ENDNOTES 7
561254B.I-8/10/2008 i BILL LA INTRODUCTION 8/10/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Crimes Legislation Amendment (Food
and Drink Spiking) Bill 2008
A Bill for an Act to amend the Summary Offences Act 1966 to create
a new offence dealing with the spiking of another person's food or
drink and to extend an existing offence in the Crimes Act 1958 and
for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is--
(a) to amend the Crimes Act 1958 to extend the
5 offence of administering a drug with the
intention of rendering a person incapable of
providing resistance to an act of sexual
penetration to also apply to an indecent act;
and
561254B.I-8/10/2008 1 BILL LA INTRODUCTION 8/10/2008
Crimes Legislation Amendment (Food and Drink Spiking) Bill 2008
Part 1--Preliminary
s. 2
(b) to amend the Summary Offences Act 1966
to create a new offence for the spiking of
another person's food or drink.
2 Commencement
5 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
561254B.I-8/10/2008 2 BILL LA INTRODUCTION 8/10/2008
Crimes Legislation Amendment (Food and Drink Spiking) Bill 2008
Part 2--Amendment of Crimes Act 1958
s. 3
PART 2--AMENDMENT OF CRIMES ACT 1958
3 Administration of drugs etc.
At the end of section 53 of the Crimes Act 1958 See:
Act No.
insert-- 6231.
Reprint No. 20
5 "(2) A person must not-- as at
1 July 2008
(a) administer a drug, matter or thing to a and
amending
person; or Act Nos
16/2004,
(b) cause a drug, matter or thing to be 9/2008,
taken by a person-- 12/2008,
24/2008,
34/2008,
10 with the intention of rendering that person 46/2008 and
incapable of resistance and thereby enabling 52/2008.
LawToday:
himself or herself or another person to www.
commit, or in any way be a party to the legislation.
vic.gov.au
commission of, an indecent act with that
15 person.
Penalty: Level 6 imprisonment (5 years
maximum).
(3) In subsection (2), indecent act means an
indecent assault in any of the circumstances
20 referred to in section 39(2) or an indecent act
in any of the circumstances referred to in
section 47, 49, 51(2) or 52(2).".
__________________
561254B.I-8/10/2008 3 BILL LA INTRODUCTION 8/10/2008
Crimes Legislation Amendment (Food and Drink Spiking) Bill 2008
Part 3--Amendment of Summary Offences Act 1966
s. 4
PART 3--AMENDMENT OF SUMMARY OFFENCES
ACT 1966
4 New Division 4B inserted
See: After Division 4A of Part I of the Summary
Act No.
5 7405. Offences Act 1966 insert--
Reprint No. 9
as at
14 September "Division 4B--Food or drink spiking
2005
and
amending
41H Food or drink spiking
Act Nos
16/2004, (1) In this section--
97/2005,
23/2006, give, in relation to food or drink, includes--
24/2006,
10 32/2006, (a) prepare food or drink; and
63/2006,
49/2007, (b) make food or drink available for
8/2008, 9/2008,
21/2008, consumption;
46/2008 and
49/2008. harm includes impair the senses or
LawToday: understanding of a person in a way that
www.
15 legislation. the person might reasonably be
vic.gov.au expected to object to in the
circumstances;
impair includes further impair;
intoxicating substance includes any
20 substance that affects a person's senses
or understanding.
(2) A person--
(a) who gives another person (the victim),
or causes the victim to be given or to
25 consume, food or drink that contains an
intoxicating substance; and
561254B.I-8/10/2008 4 BILL LA INTRODUCTION 8/10/2008
Crimes Legislation Amendment (Food and Drink Spiking) Bill 2008
Part 3--Amendment of Summary Offences Act 1966
s. 4
(b) who--
(i) knows that the victim is not
aware, or is reckless as to whether
the victim is aware, that the food
5 or drink contains the intoxicating
substance; or
(ii) knows that the victim is not
aware, or is reckless as to whether
the victim is aware, that the food
10 or drink contains more of an
intoxicating substance than the
victim would reasonably expect it
to contain; and
(c) who intends the victim to be harmed by
15 the consumption of that food or drink--
is guilty of an offence and liable to a term of
imprisonment not exceeding 2 years.".
__________________
561254B.I-8/10/2008 5 BILL LA INTRODUCTION 8/10/2008
Crimes Legislation Amendment (Food and Drink Spiking) Bill 2008
Part 4--Repeal of amending Act
s. 5
PART 4--REPEAL OF AMENDING ACT
5 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561254B.I-8/10/2008 6 BILL LA INTRODUCTION 8/10/2008
Crimes Legislation Amendment (Food and Drink Spiking) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561254B.I-8/10/2008 7 BILL LA INTRODUCTION 8/10/2008
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