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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Code Amendment (Drink and Food
Spiking) Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Criminal Code amended 2
4. Section 305A inserted 2
305A. Intoxication by deception 2
218--1B page i
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Code Amendment (Drink and Food
Spiking) Bill 2007
A Bill for
An Act to amend The Criminal Code.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Code Amendment (Drink and Food Spiking) Bill 2007
s. 1
1. Short title
This is the Criminal Code Amendment (Drink and Food
Spiking) Act 2007.
2. Commencement
5 This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on the day after that day.
3. The Criminal Code amended
10 The amendments in this Act are to The Criminal Code*.
[* Reprint 12 as at 1 June 2005 (see the Schedule to the
Criminal Code Act 1913 appearing as Appendix B to the
Criminal Code Act Compilation Act 1913).
For subsequent amendments see Western Australian
15 Legislation Information Tables for 2006, Table 1, and
Act No. 73 of 2006.]
4. Section 305A inserted
After section 305 the following section is inserted --
"
20 305A. Intoxication by deception
(1) In this section --
"harm" includes an impairment of the senses or
understanding of a person that the person might
reasonably be expected to object to in the
25 circumstances;
"impair" includes further impair and temporarily
impair;
"intoxicating substance" includes any substance that
affects a person's senses or understanding.
page 2
Criminal Code Amendment (Drink and Food Spiking) Bill 2007
s. 4
(2) For the purposes of this section giving a person drink
or food includes preparing the drink or food for the
person or making it available for consumption by the
person.
5 (3) This section applies if a person (the "provider")
causes another person to be given or to consume drink
or food --
(a) containing an intoxicating substance that other
person is not aware that it contains; or
10 (b) containing more of an intoxicating substance
than that other person would reasonably expect
it to contain.
(4) Where this section applies and the provider --
(a) intends a person to be harmed by the
15 consumption of the drink or food; or
(b) knows or believes that consumption of the
drink or food is likely to harm a person,
the provider is guilty of a crime and is liable to
imprisonment for 3 years.
20 Summary conviction penalty: imprisonment for
12 months and a fine of $12 000.
(5) It is a defence to a charge under subsection (4) to prove
that the accused person had reasonable cause to believe
that each person who was likely to consume the drink
25 or food would not have objected to consuming the
drink or food if the person had been aware of the
presence and quantity of the intoxicating substance in
the drink or food.
".
30
page 3
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