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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Drugs, Poisons and Controlled Substances
(Prohibition of Display and Sale of Cocaine Kits)
Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New Part VA inserted 2
PART VA--COCAINE KITS 2
Division 1--Cocaine Kits 2
80A. What is a cocaine kit? 2
80B. Offence to display a cocaine kit in a retail outlet 3
80C. Offence to sell a cocaine kit 3
Division 2--Enforcement 3
80D. Seizure of cocaine kits 3
80E. Retention and return of seized cocaine kits 4
80F. Magistrates' Court may extend 3 month period 4
80G. Forfeiture and destruction of seized cocaine kits 5
80H. Court may order forfeiture to the Crown 6
4. Section 103 substituted 6
103. Offences by corporations 6
ENDNOTES 8
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551404B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Drugs, Poisons and Controlled Substances Act 1981
to provide for a prohibition on the display and sale of cocaine kits and
to amend that Act to further provide for offences committed by bodies
corporate and for other purposes.
Drugs, Poisons and Controlled
Substances (Prohibition of Display and
Sale of Cocaine Kits) Act 2006
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Drugs, Poisons and Controlled Substances Act
1981 to--
(a) provide for a prohibition on the display and
5
sale of cocaine kits; and
1
551404B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Drugs, Poisons and Controlled Substances (Prohibition of
Display and Sale of Cocaine Kits) Act 2006
s. 2
Act No.
(b) to amend that Act to further provide for
offences committed by bodies corporate.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
5
3. New Part VA inserted
See: After Part V of the Drugs, Poisons and
Act No.
Controlled Substances Act 1981 insert--
9719.
Reprint No. 7
as at 1 July
'PART VA--COCAINE KITS
2004 and
amending
Act Nos
Division 1--Cocaine Kits
10 55/2003,
16/2004,
74/2004,
80A. What is a cocaine kit?
80/2004,
87/2004,
A cocaine kit is constituted by two or more
108/2004,
93/2005 and
of the following items packaged for use as a
97/2005.
unit for the purposes of preparing for
LawToday:
www.dms.
introduction, or for introducing, cocaine into
15 dpc.vic.
the body of a person--
gov.au
(a) a razor blade;
(b) a tube;
(c) a mirror;
(d) a scoop;
20
(e) a glass bottle;
(f) any other item for use together with any
item referred to in paragraphs (a) to (e)
to prepare for introduction, or to
introduce, cocaine into the body of a
25
person.
2
551404B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Drugs, Poisons and Controlled Substances (Prohibition of
Display and Sale of Cocaine Kits) Act 2006
s. 3
Act No.
80B. Offence to display a cocaine kit in a retail
outlet
(1) A person must not display a cocaine kit in a
retail outlet.
Penalty: In the case of a natural person,
5
60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) In this section, "retail outlet" includes--
(a) a shop;
10
(b) a market.
80C. Offence to sell a cocaine kit
A person must not sell a cocaine kit if the
person selling the cocaine kit knows or is
reckless as to whether the cocaine kit is sold
15
for the purpose of preparing for introduction,
or introducing, cocaine into the body of any
person.
Penalty: In the case of a natural person,
60 penalty units;
20
In the case of a body corporate,
300 penalty units.
Note: See definition of "sell" in section 4(1).
Division 2--Enforcement
80D. Seizure of cocaine kits
25
A member of the police force may seize a
cocaine kit if he or she has reasonable
grounds for suspecting that the cocaine kit is
displayed or is for sale in contravention of
this Part.
30
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551404B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Drugs, Poisons and Controlled Substances (Prohibition of
Display and Sale of Cocaine Kits) Act 2006
s. 3
Act No.
80E. Retention and return of seized cocaine kits
(1) If a member of the police force seizes a
cocaine kit under this Part, the member of
the police force must take reasonable steps to
return the cocaine kit to the person from
5
whom it was seized or its lawful owner if the
reason for its seizure no longer exists.
(2) If a cocaine kit seized under this Part has not
been returned to the person from whom it
was seized or its lawful owner within
10
3 months after it was seized, a member of the
police force must take reasonable steps to
return it to that person or owner unless--
(a) proceedings for the purpose for which
the cocaine kit was retained have
15
commenced within that 3 month period
and those proceedings (including any
appeal) have not been completed; or
(b) the Magistrates' Court makes an order
under section 80F extending the period
20
during which the cocaine kit may be
retained.
80F. Magistrates' Court may extend 3 month
period
(1) A member of the police force may apply to
25
the Magistrates' Court--
(a) within 3 months after a cocaine kit is
seized under this Part; or
(b) if an extension has been granted under
this section, before the end of the
30
period of the extension--
for an extension (not exceeding 3 months) of
the period during which the cocaine kit may
be retained.
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551404B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Drugs, Poisons and Controlled Substances (Prohibition of
Display and Sale of Cocaine Kits) Act 2006
s. 3
Act No.
(2) The Magistrates' Court may make an order
under this section if the Court is satisfied
that--
(a) the making of the order is in the
interests of justice; and
5
(b) the total period of retention does not
exceed 12 months; and
(c) retention of the cocaine kit is necessary
for the purposes of an investigation into
whether a contravention of this Part has
10
occurred.
(3) At least 7 days prior to the hearing of an
application under this section, the applicant
must give notice of the application to the
person from whom the cocaine kit was
15
seized or its lawful owner described in the
application.
80G. Forfeiture and destruction of seized
cocaine kits
(1) Subject to section 80E, any cocaine kit that a
20
member of the police force has seized and
retained under this Part is forfeited to the
Crown if the member--
(a) cannot find the person from whom it
was seized or its lawful owner, despite
25
making reasonable enquiries; or
(b) cannot return it to the person from
whom it was seized or its lawful owner,
despite making reasonable efforts.
(2) Any cocaine kit forfeited to the Crown under
30
sub-section (1) may be destroyed in any
manner the Minister thinks fit.
5
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Drugs, Poisons and Controlled Substances (Prohibition of
Display and Sale of Cocaine Kits) Act 2006
s. 4
Act No.
80H. Court may order forfeiture to the Crown
A court which finds a person guilty of an
offence against section 80B or 80C may
order that the cocaine kit to which the
offence relates--
5
(a) be forfeited to the Crown; and
(b) be destroyed in accordance with the
order.'.
4. Section 103 substituted
For section 103 of the Drugs, Poisons and
10
Controlled Substances Act 1981 substitute--
'103. Offences by corporations
(1) In this section, "officer"--
(a) in relation to a corporation within the
meaning of the Corporations Act, has
15
the same meaning as in section 9 of that
Act; and
(b) in relation to a corporation that is not a
corporation within the meaning of that
Act, means any person (by whatever
20
name called) who is concerned or takes
part in the management of the
corporation--
but does not include an employee of the
corporation.
25
(2) If a corporation is guilty of an offence
against this Act, any officer of the
corporation who was in any way, by act or
omission, directly or indirectly, knowingly
concerned in or party to the commission of
30
the offence is also guilty of that offence and
liable to the penalty for that offence.
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Drugs, Poisons and Controlled Substances (Prohibition of
Display and Sale of Cocaine Kits) Act 2006
s. 4
Act No.
(3) If in a proceeding for an offence against this
Act it is necessary to establish the intention
of a corporation, it is sufficient to show that
a servant or agent of the corporation had that
intention.
5
(4) A statement made by an officer of a
corporation is admissible as evidence against
the corporation in any proceeding against the
corporation for an offence against this Act.'.
7
551404B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Drugs, Poisons and Controlled Substances (Prohibition of
Display and Sale of Cocaine Kits) Act 2006
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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551404B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
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