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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Cannabis Control Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Act to be read with the Misuse of Drugs Act 1981 2
Part 2 -- Cannabis infringement notices
4. Interpretation 3
5. CIN for offence under Misuse of Drugs Act 1981
s. 5(1)(d)(i) 3
6. CIN for offence under Misuse of Drugs Act 1981
s. 6(2) 3
7. CIN for offence under Misuse of Drugs Act 1981
s. 7(2) 4
8. Content of CIN 5
9. Option to pay a modified penalty not available in
certain circumstances 6
10. Modified penalties 6
11. Extension of time 7
12. Withdrawal of CIN 7
13. Benefit of paying modified penalty or completing
CES 7
14. Completing one CES for multiple CINs 8
15. Application of penalties collected 8
16. Appointment of authorised persons 8
17. Cannabis education sessions 8
18. Certificate of completion of a CES 9
19. Enforcement of CIN under the Fines, Penalties and
Infringement Notices Enforcement Act 1994 9
20. Operation of Young Offenders Act 1994 unaffected 10
188--2 page i
Cannabis Control Bill 2003
Contents
Part 3 -- Cannabis smoking
paraphernalia
21. Interpretation 11
22. Warning notice 11
23. Cannabis education materials 11
24. Selling cannabis smoking paraphernalia to minors 12
Part 4 -- Miscellaneous
25. Regulations 13
26. Review of Act 13
Part 5 -- Misuse of Drugs Act 1981
amended
27. The Act amended by this Part 14
28. Section 5 amended 14
29. Section 7A inserted 14
30. Section 9 amended 15
31. Section 34 amended 15
32. Schedule VI amended 16
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Cannabis Control Bill 2003
A Bill for
An Act --
· to allow infringement notices to be issued for certain minor
offences relating to cannabis;
· to regulate the sale of cannabis smoking paraphernalia; and
· to amend the Misuse of Drugs Act 1981,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Cannabis Control Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Cannabis Control Act 2003.
2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
3. Act to be read with the Misuse of Drugs Act 1981
(1) This Act is to be read as one with the Misuse of Drugs Act 1981.
(2) Without limiting subsection (1), unless the contrary intention
appears, a word or an expression defined in section 3(1) of the
10 Misuse of Drugs Act 1981 and used in this Act has the same
meaning as it has in that Act.
page 2
Cannabis Control Bill 2003
Cannabis infringement notices Part 2
s. 4
Part 2 -- Cannabis infringement notices
4. Interpretation
In this Part --
"authorised person" in section 8(4)(b)(i), 11(1) or 12(1) means
5 a person appointed under section 16 by the Commissioner
to be an authorised person for the purposes of the section in
which the term is used;
"CES" means a cannabis education session --
(a) with a content approved under section 17(2)(a); and
10 (b) provided by a person approved under
section 17(2)(b);
"CIN" means a cannabis infringement notice given under
section 5(1), 6(1) or 7(1).
5. CIN for offence under Misuse of Drugs Act 1981 s. 5(1)(d)(i)
15 (1) A police officer, other than a police officer who is an authorised
person for the purposes of section 8(4)(b)(i), 11(1) or 12(1), who
has reason to believe that a person who has reached 18 years of age
has committed an offence under section 5(1)(d)(i) of the Misuse of
Drugs Act 1981 may, subject to subsection (2), within 21 days
20 after the alleged offence is believed to have been committed, give a
cannabis infringement notice to the alleged offender.
(2) A CIN may be issued under subsection (1) if, and only if, the
alleged offence involves cannabis.
6. CIN for offence under Misuse of Drugs Act 1981 s. 6(2)
25 (1) A police officer, other than a police officer who is an authorised
person for the purposes of section 8(4)(b)(i), 11(1) or 12(1), who
has reason to believe that a person who has reached 18 years of age
has committed an offence under section 6(2) of the Misuse of
Drugs Act 1981 may, subject to subsection (2), within 21 days
30 after the alleged offence is believed to have been committed, give a
cannabis infringement notice to the alleged offender.
page 3
Cannabis Control Bill 2003
Part 2 Cannabis infringement notices
s. 7
(2) A CIN may be issued under subsection (1) if, and only if, the
alleged offence --
(a) involves an amount of cannabis that is not more than --
(i) 30 grams; or
5 (ii) if an amount less than 30 grams is prescribed by
the regulations -- that amount;
and
(b) does not involve --
(i) cannabis resin or any other cannabis derivative;
10 or
(ii) a cannabis plant under cultivation.
7. CIN for offence under Misuse of Drugs Act 1981 s. 7(2)
(1) A police officer, other than a police officer who is an authorised
person for the purposes of section 8(4)(b)(i), 11(1) or 12(1),
15 who has reason to believe that a person who has reached
18 years of age has committed an offence under section 7(2) of
the Misuse of Drugs Act 1981 may, subject to subsection (2),
within 21 days after the alleged offence is believed to have been
committed, give a cannabis infringement notice to the alleged
20 offender.
(2) A CIN may be issued under subsection (1) if, and only if --
(a) the alleged offence involves cannabis plants under
cultivation, other than cannabis plants under hydroponic
cultivation;
25 (b) the cannabis plants are all located on the same premises
and those premises are the alleged offender's principal
place of residence;
(c) there are no other cannabis plants being cultivated on
the premises by any other person; and
page 4
Cannabis Control Bill 2003
Cannabis infringement notices Part 2
s. 8
(d) the plants number no more than --
(i) 2; or
(ii) if the number one is prescribed by the
regulations -- one.
5 8. Content of CIN
(1) A CIN is to be in a form prescribed by the regulations.
(2) A CIN is to contain a description of the alleged offence.
(3) A CIN is to advise that the alleged offender may, in writing,
elect to have a complaint of the alleged offence heard and
10 determined by a court, and inform the alleged offender how to
make that election.
(4) Unless section 9 applies, a CIN is to --
(a) advise that if the alleged offender does not wish to have
a complaint of the alleged offence heard and determined
15 by a court --
(i) the amount of money specified in the CIN as
being the modified penalty for the offence may
be paid to an authorised person within a period
of 28 days after the giving of the CIN; or
20 (ii) the alleged offender may, within a period of
28 days after the giving of the CIN, complete a
CES;
and
(b) inform the alleged offender as to --
25 (i) who are authorised persons for the purposes of
receiving payment of modified penalties; and
(ii) how the alleged offender may arrange to
complete a CES.
page 5
Cannabis Control Bill 2003
Part 2 Cannabis infringement notices
s. 9
9. Option to pay a modified penalty not available in certain
circumstances
(1) This section applies to a CIN issued for an alleged offence (the
"new offence") if, within 3 years before the new offence was
5 allegedly committed, the alleged offender has been given a CIN
for each of 2 or more offences, at least 2 of which are alleged to
have been committed on separate days previous to the day on
which the new offence is alleged to have been committed.
(2) For the purposes of subsection (1), a CIN is taken to have not
10 been given in relation to an alleged offence if the CIN has been
withdrawn.
(3) A CIN to which this section applies is to --
(a) advise that if the alleged offender does not wish to have
a complaint of the alleged offence heard and determined
15 by a court, the alleged offender may, within a period of
28 days after the giving of the CIN, complete a CES;
and
(b) inform the alleged offender as to how the alleged
offender may arrange to complete a CES.
20 (4) Despite section 19, Part 3 of the Fines, Penalties and
Infringement Notices Enforcement Act 1994 does not apply to a
CIN to which this section applies.
10. Modified penalties
(1) In a CIN the amount specified as being the modified penalty for
25 the offence referred to in the CIN is to be the amount that was
prescribed by the regulations to be the modified penalty at the
time the alleged offence is believed to have been committed.
(2) The modified penalty that may be prescribed by the regulations
for an offence under section 5(1)(d)(i), 6(2) or 7(2) of the
30 Misuse of Drugs Act 1981 is not to exceed $400.
page 6
Cannabis Control Bill 2003
Cannabis infringement notices Part 2
s. 11
(3) In relation to an offence under section 6(2) of the Misuse of
Drugs Act 1981, the regulations may prescribe different
modified penalties for different amounts of cannabis.
11. Extension of time
5 (1) An authorised person may, in a particular case, extend the
period of 28 days within which --
(a) the modified penalty may be paid; or
(b) the alleged offender may complete a CES.
(2) The extension may be allowed whether or not the period of
10 28 days has elapsed.
12. Withdrawal of CIN
(1) An authorised person may withdraw a CIN by sending to the
alleged offender a notice in a form prescribed by the regulations
stating that the CIN has been withdrawn.
15 (2) A CIN may be withdrawn whether or not the modified penalty
has been paid.
(3) If a CIN is withdrawn after the modified penalty has been paid,
the amount paid is to be refunded.
(4) A CIN cannot be withdrawn if the alleged offender has
20 completed a CES in relation to the CIN.
13. Benefit of paying modified penalty or completing CES
(1) Subsection (2) applies if --
(a) the modified penalty specified in a CIN has been paid
within 28 days or such further time as is allowed and the
25 CIN has not been withdrawn; or
(b) the alleged offender has completed a CES in respect of the
CIN within 28 days or such further time as is allowed.
(2) If this subsection applies, the bringing of proceedings and the
imposition of penalties are prevented to the same extent that
page 7
Cannabis Control Bill 2003
Part 2 Cannabis infringement notices
s. 14
they would be prevented if the alleged offender had been
convicted by a court of, and punished for, the alleged offence.
(3) Payment of a modified penalty or completion of a CES is not to
be regarded as an admission for the purposes of any
5 proceedings, whether civil or criminal.
14. Completing one CES for multiple CINs
For the purposes of section 13(1)(b), if an alleged offender is
believed to have committed more than one offence referred to in
section 5, 6 or 7 on one day and is given a CIN in respect of
10 each of those offences, the alleged offender is to be taken to
have completed a CES in respect of each of those CINs if he or
she completes one CES in respect of all of them.
15. Application of penalties collected
An amount paid as a modified penalty is, subject to
15 section 12(3), to be dealt with as if it were a penalty imposed by
a court as a penalty for an offence under section 5(1)(d)(i), 6(2)
or 7(2) of the Misuse of Drugs Act 1981, as the case may be.
16. Appointment of authorised persons
The Commissioner may, in writing, appoint persons or classes
20 of persons to be authorised persons for the purposes of
section 8(4)(b)(i), 11(1) or 12(1) or for the purposes of 2 or
more of those sections.
17. Cannabis education sessions
(1) The purpose of a cannabis education session is to educate those
25 who complete it about --
(a) the adverse health and social consequences of cannabis
use;
(b) the treatment of cannabis related harm; and
(c) the laws relating to the use, possession and cultivation of
30 cannabis.
page 8
Cannabis Control Bill 2003
Cannabis infringement notices Part 2
s. 18
(2) The chief executive officer of the department principally
assisting the Minister administering the Health Legislation
Administration Act 1984 in the administration of that Act --
(a) having regard to subsection (1), may approve the
5 content of a cannabis education session;
(b) may approve persons to provide those cannabis
education sessions;
(c) may give an approval under paragraph (b) subject to
conditions to be obeyed by the person approved; and
10 (d) may cancel or amend an approval given under
paragraph (a) or (b).
(3) An act done under subsection (2) must be in writing.
18. Certificate of completion of a CES
(1) An approved provider of a CES is to --
15 (a) give to a person who has completed a CES a certificate
of completion; and
(b) send a copy of the certificate to the Commissioner.
(2) A certificate of completion is to be in a prescribed form and is
to set out --
20 (a) the name and address of the person who has completed
the CES;
(b) the date of completion; and
(c) the details of the CIN in respect of which the CES was
completed.
25 19. Enforcement of CIN under the Fines, Penalties and
Infringement Notices Enforcement Act 1994
(1) This section applies subject to section 9.
(2) For the purposes of Part 3 of the Fines, Penalties and
Infringement Notices Enforcement Act 1994 this Act is a
30 prescribed enactment.
page 9
Cannabis Control Bill 2003
Part 2 Cannabis infringement notices
s. 20
(3) A police officer may issue a final demand under section 14 of
the Fines, Penalties and Infringement Notices Enforcement
Act 1994 if --
(a) a CIN has been issued;
5 (b) the CIN has not been withdrawn under section 12;
(c) the modified penalty has not been paid as required by
the CIN;
(d) the alleged offender has not completed a CES as
required by the CIN;
10 (e) the alleged offender has not elected to have a complaint
of the alleged offence heard and determined by a court;
and
(f) the time for paying the modified penalty or attending a
CES has elapsed.
15 (4) Subsection (3) applies instead of section 14(1) of the Fines,
Penalties and Infringement Notices Enforcement Act 1994.
20. Operation of Young Offenders Act 1994 unaffected
Nothing in this Part prevents a young person within the meaning
of the Young Offenders Act 1994 from being dealt with under
20 Part 5 of that Act in respect of an offence under
section 5(1)(d)(i), 6(2) or 7(2) of the Misuse of Drugs Act 1981.
page 10
Cannabis Control Bill 2003
Cannabis smoking paraphernalia Part 3
s. 21
Part 3 -- Cannabis smoking paraphernalia
21. Interpretation
In this Part --
"cannabis smoking paraphernalia" means --
5 (a) anything made or modified to be used in smoking
cannabis;
(b) any other thing that is prescribed by regulations to be
cannabis smoking paraphernalia.
22. Warning notice
10 A person who operates a shop or other retail outlet where
cannabis smoking paraphernalia is sold must ensure that a
warning notice prescribed by the regulations relating to the
adverse consequences of cannabis use is clearly visible to any
person entering or exiting the shop or retail outlet.
15 Penalty:
(a) in the case of a natural person -- $1 000;
(b) in the case of a body corporate -- $5 000.
23. Cannabis education materials
A person who operates a shop or other retail outlet where
20 cannabis smoking paraphernalia is sold must make available to
any purchaser of cannabis smoking paraphernalia cannabis
education materials prescribed by the regulations relating to the
adverse consequences of cannabis use.
Penalty:
25 (a) in the case of a natural person -- $1 000;
(b) in the case of a body corporate -- $5 000.
page 11
Cannabis Control Bill 2003
Part 3 Cannabis smoking paraphernalia
s. 24
24. Selling cannabis smoking paraphernalia to minors
(1) A person who operates a shop or other retail outlet where
cannabis smoking paraphernalia is sold must not sell cannabis
smoking paraphernalia to a person who is under 18 years of age.
5 Penalty:
(a) in the case of a natural person -- $5 000;
(b) in the case of a body corporate -- $25 000.
(2) It is a defence to a charge of an offence under subsection (1) for
a person charged to prove that the person --
10 (a) honestly and reasonably believed that the person to
whom the cannabis smoking paraphernalia concerned
was sold had reached 18 years of age; or
(b) had taken all precautions that were reasonably required
to ensure that the cannabis smoking paraphernalia
15 concerned was not sold to a person who was under
18 years of age.
page 12
Cannabis Control Bill 2003
Miscellaneous Part 4
s. 25
Part 4 -- Miscellaneous
25. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
5 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
26. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
10 expiration of 3 years from its commencement, and in the course
of that review the Minister is to consider and have regard to --
(a) whether there is a need for the Act to continue; and
(b) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
15 (2) The Minister is to prepare a report based on the review carried
out under subsection (1) and as soon as is practicable after the
preparation of the report (and in any event not more than
12 months after the relevant anniversary), cause it to be laid
before each House of Parliament.
20
page 13
Cannabis Control Bill 2003
Part 5 Misuse of Drugs Act 1981 amended
s. 27
Part 5 -- Misuse of Drugs Act 1981 amended
27. The Act amended by this Part
The amendments in this Part are to the Misuse of Drugs Act 1981*.
[* Reprinted as at 11 January 2002.]
5 28. Section 5 amended
Section 5(1)(e) is amended by inserting after "prohibited drug or
prohibited plant" --
" other than cannabis ".
29. Section 7A inserted
10 After section 7 the following section is inserted --
"
7A. Selling or supplying a thing knowing it will be used
in the hydroponic cultivation of a prohibited plant
(1) A person who sells or supplies, or offers to sell or
15 supply, to another, any thing that the person knows will
be used to cultivate a prohibited plant contrary to
section 7(1)(a) or (2) by hydroponic means commits an
indictable offence.
(2) A court convicting a person of the offence under
20 subsection (1) may, on the application of the Director
of Public Prosecutions or a police prosecutor, in
addition order that the person be prohibited for a period
set by the court (but not exceeding 2 years) from
selling or supplying, or offering for sale or supply, to
25 another, any thing that may be used to cultivate plants
by hydroponic means.
(3) A person who contravenes an order under
subsection (2) is guilty of a simple offence.
".
page 14
Cannabis Control Bill 2003
Misuse of Drugs Act 1981 amended Part 5
s. 30
30. Section 9 amended
(1) If this Act comes into operation before the Criminal Code
Amendment Act 2003 comes into operation, section 9(2) is
amended as follows:
5 (a) by deleting "or" after paragraph (a);
(b) by deleting the comma after paragraph (b) and inserting
instead --
" ; or ";
(c) by inserting after paragraph (b) the following paragraph --
10 "
(ba) section 7A(1),
".
(2) If this Act comes into operation after the Criminal Code
Amendment Act 2003 comes into operation, section 9(1) is
15 amended as follows:
(a) by deleting "or" after paragraph (a);
(b) by deleting the comma after paragraph (b) and inserting
instead --
" ; or ";
20 (c) by inserting after paragraph (b) the following paragraph --
"
(c) an offence under section 7A(1),
".
31. Section 34 amended
25 Section 34(1) is amended as follows:
(a) by deleting paragraph (c) and inserting instead --
"
(c) an offence under section 7A(1) is liable --
(i) if convicted on indictment, to a fine not
30 exceeding $20 000 or to imprisonment
for a term not exceeding 5 years or both;
page 15
Cannabis Control Bill 2003
Part 5 Misuse of Drugs Act 1981 amended
s. 32
(ii) if convicted by a summary court, to a
fine not exceeding $2 000 or to
imprisonment for a term not exceeding
2 years or both;
5 ";
(b) in paragraph (e) by inserting after "7(2)" --
" , 7A(3) ".
32. Schedule VI amended
Schedule VI item 3 is amended in the column headed "Number"
10 by deleting "25" and inserting instead --
" 10 ".
page 16
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