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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Cannabis Law Reform Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Cannabis Control
legislation repealed
3. Repeals 3
Part 3 -- Misuse of Drugs Act 1981
amended
4. Act amended 4
5. Section 3 amended 4
6. Part IIIA inserted 4
Part IIIA -- Cannabis intervention
Division 1 -- Preliminary
8B. Terms and abbreviations used in this Part 4
8C. Operation of Young Offenders Act 1994
unaffected 6
8D. Appointment of authorised persons 6
Division 2 -- Cannabis intervention requirements
8E. CIR may be given for minor cannabis
related offence 6
8F. Cannabis intervention requirement 7
8G. Young persons -- special requirements
about CIRs 8
8H. Referral of young persons at risk to
juvenile justice teams 8
8I. Withdrawal of CIR 9
Division 3 -- Cannabis intervention sessions
8J. Cannabis intervention session 9
8K. Benefit of completing CIS 10
087--2 page i
Cannabis Law Reform Bill 2009
Contents
8L. Extension of time to complete CIS 10
8M. Certificate of completion of CIS 11
7. Section 19A inserted 11
19A. Selling cannabis smoking paraphernalia 11
8. Part VII inserted 12
Part VII -- Transitional provisions
Division 1 -- Preliminary
43. Interpretation Act 1984 not limited 12
44. Transitional regulations 12
Division 2 -- Provisions for Cannabis Law Reform
Act 2009
45. Terms used 13
46. CINs continue in force 14
47. Amounts outstanding in 12 months time
under a CIN are to be taken to be paid 14
Part 4 -- Spent Convictions Act 1988
amended
9. Act amended 16
10. Section 11 amended 16
Part 5 -- Young Offenders Act 1994
amended
11. Act amended 17
12. Section 25 amended 17
13. Section 29 amended 17
Part 6 -- Working with Children
(Criminal Record
Checking) Act 2004 amended
14. Act amended 18
15. Schedule 2 amended 18
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Cannabis Law Reform Bill 2009
A Bill for
An Act to --
· amend the Misuse of Drugs Act 1981; and
· amend the Spent Convictions Act 1988; and
· amend the Working With Children (Criminal Record Checking)
Act 2004; and
· amend the Young Offenders Act 1994; and
· repeal the Cannabis Control Act 2003,
and to provide for related and consequential matters.
The Parliament of Western Australia enacts as follows:
page 1
Cannabis Law Reform Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Cannabis Law Reform Act 2009.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Cannabis Law Reform Bill 2009
Cannabis Control legislation repealed Part 2
s. 3
1 Part 2 -- Cannabis Control legislation repealed
2 3. Repeals
3 The following are repealed --
4 (a) the Cannabis Control Act 2003;
5 (b) the Cannabis Control Regulations 2004.
page 3
Cannabis Law Reform Bill 2009
Part 3 Misuse of Drugs Act 1981 amended
s. 4
1 Part 3 -- Misuse of Drugs Act 1981 amended
2 4. Act amended
3 This Part amends the Misuse of Drugs Act 1981.
4 5. Section 3 amended
5 In section 3(1) insert in alphabetical order:
6
7 child means a person who is under 18 years of age;
8
9 6. Part IIIA inserted
10 After section 8A insert:
11
12 Part IIIA -- Cannabis intervention
13 Division 1 -- Preliminary
14 8B. Terms and abbreviations used in this Part
15 (1) In this Part --
16 adult means a person who is not a young person;
17 authorised person, in section 8I or 8J, means a person
18 appointed under section 8D to be an authorised person
19 for the purposes of the section in which the term is
20 used;
21 cannabis intervention requirement means a notice
22 referred to in section 8F;
23 cannabis intervention session means a cannabis
24 intervention session --
25 (a) provided by a treatment provider approved
26 under section 8J(2)(b); and
page 4
Cannabis Law Reform Bill 2009
Misuse of Drugs Act 1981 amended Part 3
s. 6
1 (b) the content of which is approved under
2 section 8J(2)(a);
3 CEO (Health) has the meaning given in
4 section 38D(1);
5 minor cannabis related offence means --
6 (a) an offence under section 5(1)(d)(i) that involves
7 cannabis; and
8 (b) an offence under section 6(2) that involves
9 cannabis --
10 (i) if the amount is not more than 10 grams,
11 or such other amount as is prescribed by
12 the regulations; and
13 (ii) if the offence does not involve a
14 cannabis plant under cultivation,
15 cannabis resin or any other cannabis
16 derivative;
17 police officer does not include a person appointed by
18 the Commissioner as an authorised person under
19 section 8D;
20 responsible adult has the meaning given in the Young
21 Offenders Act 1994 section 3;
22 young person means a person who --
23 (a) is under 18 years of age; or
24 (b) in relation to the commission, or alleged
25 commission, of a minor cannabis related
26 offence, was under 18 years of age when the
27 offence was committed, or allegedly
28 committed.
29 (2) In this Part the following abbreviations are used --
30 CIR for cannabis intervention requirement;
31 CIS for cannabis intervention session.
page 5
Cannabis Law Reform Bill 2009
Part 3 Misuse of Drugs Act 1981 amended
s. 6
1 8C. Operation of Young Offenders Act 1994 unaffected
2 Nothing in this Part prevents a young person from
3 being dealt with under the Young Offenders Act 1994
4 Part 5 in respect of a minor cannabis related offence.
5 8D. Appointment of authorised persons
6 The Commissioner may, in writing, appoint persons or
7 classes of persons to be authorised persons for the
8 purposes of section 8I or 8L, or for the purposes of
9 both of those sections.
10 Division 2 -- Cannabis intervention requirements
11 8E. CIR may be given for minor cannabis related
12 offence
13 (1) A police officer who has reason to believe that a person
14 has committed a minor cannabis related offence may
15 give a cannabis intervention requirement to the alleged
16 offender, unless subsection (4) or section 8G(1)
17 applies.
18 (2) A police officer who believes --
19 (a) that an alleged offender has committed more
20 than one minor cannabis related offence; and
21 (b) that the alleged offences have arisen out of the
22 same incident,
23 may give a single CIR in respect of all or some of the
24 offences.
25 (3) A CIR is to be given as soon as practicable, and in any
26 event within 60 days, after an alleged offence is
27 believed to have been committed.
page 6
Cannabis Law Reform Bill 2009
Misuse of Drugs Act 1981 amended Part 3
s. 6
1 (4) A CIR cannot be given in respect of an alleged offence
2 (the new offence) if the alleged offender --
3 (a) is an adult who, before the new offence was
4 allegedly committed, had been convicted of a
5 minor cannabis related offence or given a CIR;
6 and
7 (b) was an adult when so convicted or given the
8 CIR.
9 8F. Cannabis intervention requirement
10 (1) A CIR is a notice in a form prescribed by the
11 regulations --
12 (a) containing a description of the alleged offence,
13 or offences; and
14 (b) informing the alleged offender that --
15 (i) he or she may, in writing, elect to be
16 prosecuted for the alleged offence, or
17 offences, in a court, and informing the
18 alleged offender how to make that
19 election; and
20 (ii) if he or she does not wish to be
21 prosecuted for the alleged offence, or
22 offences, in a court, the alleged offender
23 may, within a period of 28 days after the
24 giving of the CIR, complete a CIS;
25 and
26 (c) informing the alleged offender as to how the
27 alleged offender may arrange to complete a
28 CIS.
29 (2) A person need only complete a single CIS for each CIR
30 given to the person, even if the CIR is given in respect
31 of more than one alleged offence.
page 7
Cannabis Law Reform Bill 2009
Part 3 Misuse of Drugs Act 1981 amended
s. 6
1 8G. Young persons -- special requirements about CIRs
2 (1) A CIR cannot be given in respect of an alleged offence
3 (the new offence) if the alleged offender --
4 (a) is a young person who, before the new offence
5 was allegedly committed, had been convicted
6 of, or given a CIR in respect of, 2 or more
7 minor cannabis related offences; and
8 (b) at least 2 of those offences arose out of separate
9 incidents, or are alleged to have done so.
10 (2) A police officer who gives a young person a CIR is to
11 ensure that a responsible adult is given a copy of the
12 CIR as soon as is reasonably practicable after the CIR
13 is given to the young person, unless --
14 (a) after reasonable enquiry, neither the
15 whereabouts nor the address of a responsible
16 adult can be ascertained; or
17 (b) in the circumstances it would be inappropriate
18 to give a responsible adult a copy of the CIR.
19 (3) A young person who has been given 2 CIRs need only
20 complete a single CIS in respect of the CIRs if both
21 CIRs were given before the completion of the CIS.
22 8H. Referral of young persons at risk to juvenile justice
23 teams
24 (1) A police officer is to refer a young person at risk to a
25 juvenile justice team where appropriate under the
26 Young Offenders Act 1994 in preference to charging
27 the young person under this Act.
28 (2) In subsection (1) --
29 young person at risk means an alleged offender who is
30 a young person --
31 (a) to whom the police officer would have given a
32 CIR, but for section 8G(1); or
page 8
Cannabis Law Reform Bill 2009
Misuse of Drugs Act 1981 amended Part 3
s. 6
1 (b) who has been given a CIR and has not
2 completed a CIS within 28 days or any further
3 time allowed under section 8L, unless --
4 (i) the CIR has been withdrawn under
5 section 8I; or
6 (ii) the young person has elected to be
7 prosecuted for the alleged offence in a
8 court.
9 8I. Withdrawal of CIR
10 (1) An authorised person may withdraw a CIR by sending
11 to the alleged offender a notice in a form prescribed by
12 the regulations stating that the CIR has been
13 withdrawn.
14 (2) A CIR cannot be withdrawn if the alleged offender has
15 completed a CIS in relation to the CIR.
16 (3) A CIR that is withdrawn is taken not to have been
17 given to an alleged offender for the purposes of
18 sections 8E(4) and 8G(1).
19 Division 3 -- Cannabis intervention sessions
20 8J. Cannabis intervention session
21 (1) The purpose of a cannabis intervention session is to
22 inform those who complete it about --
23 (a) the adverse health and social consequences of
24 cannabis use; and
25 (b) the laws relating to the use, possession and
26 cultivation of cannabis; and
27 (c) effective strategies to address cannabis using
28 behaviour.
page 9
Cannabis Law Reform Bill 2009
Part 3 Misuse of Drugs Act 1981 amended
s. 6
1 (2) The CEO (Health) may, in writing, do any of the
2 following --
3 (a) having regard to subsection (1), approve the
4 content of a cannabis intervention session;
5 (b) approve treatment providers to provide
6 cannabis intervention sessions;
7 (c) give an approval under paragraph (b) subject to
8 conditions to be obeyed by the treatment
9 provider approved;
10 (d) cancel or amend an approval given under
11 paragraph (a) or (b).
12 (3) For the purposes of this section, this Act is to be taken
13 to be a relevant Act as referred to in the Health
14 Legislation Administration Act 1984 section 9.
15 8K. Benefit of completing CIS
16 (1) If the alleged offender has completed a CIS in respect
17 of a CIR within 28 days or such further time as is
18 allowed under section 8L, the bringing of proceedings
19 and the imposition of penalties are prevented to the
20 same extent that they would be prevented if the alleged
21 offender had been convicted by a court of, and
22 punished for, the alleged offence.
23 (2) Completion of a CIS is not to be regarded as an
24 admission for the purposes of any proceedings,
25 whether civil or criminal.
26 8L. Extension of time to complete CIS
27 (1) An authorised person may, in a particular case, extend
28 the period of 28 days within which the alleged offender
29 may complete a CIS.
30 (2) The extension may be allowed whether or not the
31 period of 28 days has elapsed.
page 10
Cannabis Law Reform Bill 2009
Misuse of Drugs Act 1981 amended Part 3
s. 7
1 8M. Certificate of completion of CIS
2 (1) A treatment provider approved to provide a CIS under
3 section 8J(2)(b) is to --
4 (a) give to a person who has completed a CIS a
5 certificate of completion; and
6 (b) send a copy of the certificate to the
7 Commissioner.
8 (2) A certificate of completion is to be in a form prescribed
9 by the regulations and is to set out --
10 (a) the name and address of the person who has
11 completed the CIS; and
12 (b) the date of completion; and
13 (c) the details of the CIR in respect of which the
14 CIS was completed.
15
16 7. Section 19A inserted
17 After section 18 insert:
18
19 19A. Selling cannabis smoking paraphernalia
20 (1) In this section --
21 cannabis smoking paraphernalia means --
22 (a) anything made or modified to be used in
23 smoking cannabis;
24 (b) any other thing that is prescribed to be cannabis
25 smoking paraphernalia,
26 but does not include anything prescribed, or belonging
27 to a class prescribed, as excluded from this definition.
page 11
Cannabis Law Reform Bill 2009
Part 3 Misuse of Drugs Act 1981 amended
s. 8
1 (2) A person who sells, or offers to sell, cannabis smoking
2 paraphernalia to a child commits a simple offence.
3 Penalty: a fine of $24 000 or imprisonment for 2 years
4 or both.
5 (3) A person --
6 (a) who sells, or offers to sell, cannabis smoking
7 paraphernalia to an adult; or
8 (b) who displays cannabis smoking paraphernalia,
9 or authorises or allows cannabis smoking
10 paraphernalia to be displayed, for sale in a shop
11 or other retail outlet,
12 commits a simple offence.
13 Penalty: a fine of $10 000.
14
15 8. Part VII inserted
16 After section 42 insert:
17
18 Part VII -- Transitional provisions
19 Division 1 -- Preliminary
20 43. Interpretation Act 1984 not limited
21 This Part does not limit the operation of the
22 Interpretation Act 1984 Part V.
23 44. Transitional regulations
24 (1) Regulations may prescribe all matters that are required
25 or necessary or convenient to be prescribed for dealing
26 with any issue or matter of a savings or transitional
27 nature --
28 (a) that arises as a result of the amendment of this
29 Act by another Act (an amending Act); and
page 12
Cannabis Law Reform Bill 2009
Misuse of Drugs Act 1981 amended Part 3
s. 8
1 (b) for which there is no sufficient provision in
2 this Act or the amending Act.
3 (2) Regulations made under this section may provide that
4 specified provisions of this Act do not apply, or apply
5 with modifications specified in the regulations, to or in
6 relation to any matter.
7 (3) Regulations made under this section may provide that a
8 state of affairs specified in the regulations is to be
9 taken to have existed, or not to have existed, on and
10 from a day that is earlier than the day on which the
11 regulations come into operation but not earlier than the
12 day on which the relevant amending Act, or the
13 relevant provision or provisions of that Act, came into
14 operation.
15 (4) If the regulations contain a provision referred to in
16 subsection (3), the provision does not operate so as --
17 (a) to affect in a manner prejudicial to any person
18 (other than the State), the rights of that person
19 existing before the regulations commenced; or
20 (b) to impose liabilities on any person (other than
21 the State) in respect of anything done or
22 omitted to be done before the regulations
23 commenced.
24 Division 2 -- Provisions for Cannabis Law Reform Act 2009
25 45. Terms used
26 In this Division --
27 CIN means a cannabis infringement notice given under
28 the Cannabis Control Act 2003 and in force
29 immediately before the repeal of that Act;
30 commencement day means the day on which the
31 Cannabis Law Reform Act 2009 Part 2 comes into
32 operation.
page 13
Cannabis Law Reform Bill 2009
Part 3 Misuse of Drugs Act 1981 amended
s. 8
1 46. CINs continue in force
2 Despite the repeal of the Cannabis Control Act 2003,
3 that Act and the Fines, Penalties and Infringement
4 Notices Enforcement Act 1994, continue to apply in
5 respect of a CIN, except in so far as the contrary
6 intention is provided under this Division.
7 47. Amounts outstanding in 12 months time under a
8 CIN are to be taken to be paid
9 (1) Subsection (2) applies in respect of a CIN if a licence
10 suspension order was made under the Fines, Penalties
11 and Infringement Notices Enforcement Act 1994
12 section 19 in respect of the CIN.
13 (2) If, immediately before --
14 (a) the day that is 12 months after the day on which
15 the licence suspension order is made in respect
16 of the CIN; or
17 (b) the commencement day,
18 whichever is the later in time --
19 (c) the modified penalty, and enforcement fees,
20 payable under the Fines, Penalties and
21 Infringement Notices Enforcement Act 1994 in
22 respect of the CIN have not been paid; and
23 (d) an election has not been made under section 21
24 of that Act,
25 then, for the purposes of that Act, the amounts referred
26 to in paragraph (c) are to be taken to be paid on that
27 day.
28 (3) If, due to the operation of subsection (2), a licence
29 suspension order is to be taken as having been
30 cancelled under the Fines, Penalties and Infringement
31 Notices Enforcement Act 1994 section 20(1)(a), then
page 14
Cannabis Law Reform Bill 2009
Misuse of Drugs Act 1981 amended Part 3
s. 8
1 subsections (3) and (4) of that section apply as if the
2 licence suspension order was cancelled under
3 subsection (2) of that section.
4
page 15
Cannabis Law Reform Bill 2009
Part 4 Spent Convictions Act 1988 amended
s. 9
1 Part 4 -- Spent Convictions Act 1988 amended
2 9. Act amended
3 This Part amends the Spent Convictions Act 1988.
4 10. Section 11 amended
5 (1) In section 11(1)(a) after "10 years" insert:
6
7 , or 3 years if subsection (6) applies,
8
9 (2) After section 11(5) insert:
10
11 (6) The prescribed period for a conviction is 3 years if the
12 conviction --
13 (a) is for an offence that involves cannabis under
14 the Misuse of Drugs Act 1981 --
15 (i) section 5(1)(d)(i); or
16 (ii) section 6(2), but does not involve a
17 cannabis plant under cultivation,
18 cannabis resin or any other cannabis
19 derivative;
20 and
21 (b) was not incurred before the commencement of
22 the Cannabis Law Reform Act 2009 Part 4.
23
page 16
Cannabis Law Reform Bill 2009
Young Offenders Act 1994 amended Part 5
s. 11
1 Part 5 -- Young Offenders Act 1994 amended
2 11. Act amended
3 This Part amends the Young Offenders Act 1994.
4 12. Section 25 amended
5 Delete section 25(3) and insert:
6
7 (3) In subsection (2) --
8 infringement notice means --
9 (a) a notice issued under a written law to a person
10 alleging the commission of an offence and
11 offering the person an opportunity, by paying
12 an amount of money prescribed under the
13 written law and specified in the notice, to have
14 the matter dealt with out of court; or
15 (b) a cannabis intervention requirement given
16 under the Misuse of Drugs Act 1981 Part IIIA.
17
18 13. Section 29 amended
19 In section 29(2):
20 (a) after paragraph (a) insert:
21
22 (ba) has been given an infringement notice, as
23 defined in section 25(3); or
24
25 (b) after paragraph (a) insert:
26
27 or
28
page 17
Cannabis Law Reform Bill 2009
Part 6 Working with Children (Criminal Record Checking) Act 2004
amended
s. 14
1 Part 6 -- Working with Children (Criminal Record
2 Checking) Act 2004 amended
3 14. Act amended
4 This Part amends the Working with Children (Criminal Record
5 Checking) Act 2004.
6 15. Schedule 2 amended
7 In Schedule 2 after the item relating to the Children and
8 Community Services Act 2004 section 192 insert:
9
Misuse of Drugs Act 1981
s. 19A(2) Selling, or offering to sell, cannabis smoking
paraphernalia to a child
10
11
page 18
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