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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legislation repealed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 5
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 7
8H. Referral of young persons at risk to
juvenile justice teams 8
8I. Withdrawal of CIR 9
Division 2 -- Cannabis intervention sessions
8J. Cannabis intervention session 9
8K. Benefit of completing CIS 10
087--1 page i
Cannabis Law Reform Bill 2009
Contents
8L. Extension of time to complete CIS 10
8M. Certificate of completion of CIS 10
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 13
47. Amounts outstanding in 12 months time
under a CIN are to be taken to be paid 13
Part 4 -- Spent Convictions Act 1988
amended
9. Act amended 15
10. Section 11 amended 15
Part 5 -- Young Offenders Act 1994
amended
11. Act amended 16
12. Section 25 amended 16
13. Section 29 amended 16
page ii
Western Australia
LEGISLATIVE ASSEMBLY
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 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 (1) In section 3(1) insert in alphabetical order:
6
7 young person has the meaning given in the Young
8 Offenders Act 1994 section 3.
9
10 (2) In section 3(1) in the definition of veterinary surgeon delete
11 "Act 1960." and insert:
12
13 Act 1960;
14
15 6. Part IIIA inserted
16 After section 8A insert:
17
18 Part IIIA -- Cannabis intervention
19 Division 1 -- Preliminary
20 8B. Terms and abbreviations used in this Part
21 (1) In this Part --
22 authorised person, in section 8I or 8J, means a person
23 appointed under section 8D to be an authorised person
24 for the purposes of the section in which the term is
25 used;
26 cannabis intervention requirement means a notice
27 referred to in section 8F;
page 4
Cannabis Law Reform Bill 2009
Misuse of Drugs Act 1981 amended Part 3
s. 6
1 cannabis intervention session means a cannabis
2 intervention session --
3 (a) provided by a treatment provider approved
4 under section 8J(2)(b); and
5 (b) the content of which is approved under
6 section 8J(2)(a);
7 CEO (Health) has the meaning given in
8 section 38D(1);
9 minor cannabis related offence means --
10 (a) an offence under section 5(1)(d)(i) that involves
11 cannabis; and
12 (b) an offence under section 6(2) that involves
13 cannabis --
14 (i) if the amount is not more than 10 grams,
15 or such other amount as is prescribed by
16 the regulations; and
17 (ii) if the offence does not involve a
18 cannabis plant under cultivation,
19 cannabis resin or any other cannabis
20 derivative;
21 police officer does not include a person appointed by
22 the Commissioner as an authorised person under
23 section 8D;
24 responsible adult has the meaning given in the Young
25 Offenders Act 1994 section 3.
26 (2) In this Part the following abbreviations are used --
27 CIR for cannabis intervention requirement;
28 CIS for cannabis intervention session.
29 8C. Operation of Young Offenders Act 1994 unaffected
30 Nothing in this Part prevents a young person from
31 being dealt with under the Young Offenders Act 1994
32 Part 5 in respect of a minor cannabis related offence.
page 5
Cannabis Law Reform Bill 2009
Part 3 Misuse of Drugs Act 1981 amended
s. 6
1 8D. Appointment of authorised persons
2 The Commissioner may, in writing, appoint persons or
3 classes of persons to be authorised persons for the
4 purposes of section 8I or 8L, or for the purposes of
5 both of those sections.
6 Division 2 -- Cannabis intervention requirements
7 8E. CIR may be given for minor cannabis related
8 offence
9 (1) A police officer who has reason to believe that a person
10 has committed a minor cannabis related offence may
11 give a cannabis intervention requirement to the alleged
12 offender, unless subsection (4) or section 8G(1)
13 applies.
14 (2) A police officer who believes --
15 (a) that an alleged offender has committed more
16 than one minor cannabis related offence; and
17 (b) that the alleged offences have arisen out of the
18 same incident,
19 may give a single CIR in respect of all or some of the
20 offences.
21 (3) A CIR is to be given as soon as practicable, and in any
22 event within 60 days, after an alleged offence is
23 believed to have been committed.
24 (4) A CIR cannot be given in respect of an alleged offence
25 (the new offence) if the alleged offender --
26 (a) is an adult who, before the new offence was
27 allegedly committed, had been convicted of a
28 minor cannabis related offence or given a CIR;
29 and
30 (b) was an adult when so convicted or given the
31 CIR.
page 6
Cannabis Law Reform Bill 2009
Misuse of Drugs Act 1981 amended Part 3
s. 6
1 8F. Cannabis intervention requirement
2 (1) A CIR is a notice in a form prescribed by the
3 regulations --
4 (a) containing a description of the alleged offence,
5 or offences; and
6 (b) informing the alleged offender that --
7 (i) he or she may, in writing, elect to be
8 prosecuted for the alleged offence, or
9 offences, in a court, and informing the
10 alleged offender how to make that
11 election; and
12 (ii) if he or she does not wish to be
13 prosecuted for the alleged offence, or
14 offences, in a court, the alleged offender
15 may, within a period of 28 days after the
16 giving of the CIR, complete a CIS;
17 and
18 (c) informing the alleged offender as to how the
19 alleged offender may arrange to complete a
20 CIS.
21 (2) A person need only complete a single CIS for each CIR
22 given to the person, even if the CIR is given in respect
23 of more than one alleged offence.
24 8G. Young persons -- special requirements about CIRs
25 (1) A CIR cannot be given in respect of an alleged offence
26 (the new offence) if the alleged offender --
27 (a) is a young person who, before the new offence
28 was allegedly committed, had been convicted
29 of, or given a CIR in respect of, 2 or more
30 minor cannabis related offences; and
31 (b) at least 2 of those offences arose out of separate
32 incidents, or are alleged to have done so.
page 7
Cannabis Law Reform Bill 2009
Part 3 Misuse of Drugs Act 1981 amended
s. 6
1 (2) A police officer who gives a young person a CIR is to
2 ensure that a responsible adult is given a copy of the
3 CIR as soon as is reasonably practicable after the CIR
4 is given to the young person, unless --
5 (a) after reasonable enquiry, neither the
6 whereabouts nor the address of a responsible
7 adult can be ascertained; or
8 (b) in the circumstances it would be inappropriate
9 to give a responsible adult a copy of the CIR.
10 (3) A young person who has been given 2 CIRs need only
11 complete a single CIS in respect of the CIRs if both
12 CIRs were given before the completion of the CIS.
13 8H. Referral of young persons at risk to juvenile justice
14 teams
15 (1) A police officer is to refer a young person at risk to a
16 juvenile justice team where appropriate under the
17 Young Offenders Act 1994 in preference to charging
18 the young person under this Act.
19 (2) In subsection (1) --
20 young person at risk means an alleged offender who is
21 a young person --
22 (a) to whom the police officer would have given a
23 CIR, but for section 8G(1); or
24 (b) who has been given a CIR and has not
25 completed a CIS within 28 days or any further
26 time allowed under section 8L, unless --
27 (i) the CIR has been withdrawn under
28 section 8I; or
29 (ii) the young person has elected to be
30 prosecuted for the alleged offence in a
31 court.
page 8
Cannabis Law Reform Bill 2009
Misuse of Drugs Act 1981 amended Part 3
s. 6
1 8I. Withdrawal of CIR
2 (1) An authorised person may withdraw a CIR by sending
3 to the alleged offender a notice in a form prescribed by
4 the regulations stating that the CIR has been
5 withdrawn.
6 (2) A CIR cannot be withdrawn if the alleged offender has
7 completed a CIS in relation to the CIR.
8 (3) A CIR that is withdrawn is taken not to have been
9 given to an alleged offender for the purposes of
10 sections 8E(4) and 8G(1).
11 Division 2 -- Cannabis intervention sessions
12 8J. Cannabis intervention session
13 (1) The purpose of a cannabis intervention session is to
14 inform those who complete it about --
15 (a) the adverse health and social consequences of
16 cannabis use; and
17 (b) the laws relating to the use, possession and
18 cultivation of cannabis; and
19 (c) effective strategies to address cannabis using
20 behaviour.
21 (2) The CEO (Health) may, in writing, do any of the
22 following --
23 (a) having regard to subsection (1), approve the
24 content of a cannabis intervention session;
25 (b) approve treatment providers to provide
26 cannabis intervention sessions;
27 (c) give an approval under paragraph (b) subject to
28 conditions to be obeyed by the treatment
29 provider approved;
page 9
Cannabis Law Reform Bill 2009
Part 3 Misuse of Drugs Act 1981 amended
s. 6
1 (d) cancel or amend an approval given under
2 paragraph (a) or (b).
3 (3) For the purposes of this section, this Act is to be taken
4 to be a relevant Act as referred to in the Health
5 Legislation Administration Act 1984 section 9.
6 8K. Benefit of completing CIS
7 (1) If the alleged offender has completed a CIS in respect
8 of a CIR within 28 days or such further time as is
9 allowed under section 8L, the bringing of proceedings
10 and the imposition of penalties are prevented to the
11 same extent that they would be prevented if the alleged
12 offender had been convicted by a court of, and
13 punished for, the alleged offence.
14 (2) Completion of a CIS is not to be regarded as an
15 admission for the purposes of any proceedings,
16 whether civil or criminal.
17 8L. Extension of time to complete CIS
18 (1) An authorised person may, in a particular case, extend
19 the period of 28 days within which the alleged offender
20 may complete a CIS.
21 (2) The extension may be allowed whether or not the
22 period of 28 days has elapsed.
23 8M. Certificate of completion of CIS
24 (1) A treatment provider approved to provide a CIS under
25 section 8J(2)(b) is to --
26 (a) give to a person who has completed a CIS a
27 certificate of completion; and
28 (b) send a copy of the certificate to the
29 Commissioner.
page 10
Cannabis Law Reform Bill 2009
Misuse of Drugs Act 1981 amended Part 3
s. 7
1 (2) A certificate of completion is to be in a form prescribed
2 by the regulations and is to set out --
3 (a) the name and address of the person who has
4 completed the CIS; and
5 (b) the date of completion; and
6 (c) the details of the CIR in respect of which the
7 CIS was completed.
8
9 7. Section 19A inserted
10 After section 18 insert:
11
12 19A. Selling cannabis smoking paraphernalia
13 (1) In this section --
14 cannabis smoking paraphernalia means --
15 (a) anything made or modified to be used in
16 smoking cannabis;
17 (b) any other thing that is prescribed by the
18 regulations to be cannabis smoking
19 paraphernalia.
20 (2) A person must not --
21 (a) sell or offer to sell; or
22 (b) display, or authorise or allow to be displayed,
23 for sale in a shop or other retail outlet; or
24 (c) with intent to sell, have in his or her possession,
25 cannabis smoking paraphernalia.
26 Penalty:
27 (a) if the offence is committed in relation to a
28 young person, a fine of $10 000;
29 (b) in any other case, a fine of $5 000.
30
page 11
Cannabis Law Reform Bill 2009
Part 3 Misuse of Drugs Act 1981 amended
s. 8
1 8. Part VII inserted
2 After section 42 insert:
3
4 Part VII -- Transitional provisions
5 Division 1 -- Preliminary
6 43. Interpretation Act 1984 not limited
7 This Part does not limit the operation of the
8 Interpretation Act 1984 Part V.
9 44. Transitional regulations
10 (1) Regulations may prescribe all matters that are required
11 or necessary or convenient to be prescribed for dealing
12 with any issue or matter of a savings or transitional
13 nature --
14 (a) that arises as a result of the amendment of this
15 Act by another Act (an amending Act); and
16 (b) for which there is no sufficient provision in
17 this Act or the amending Act.
18 (2) Regulations made under this section may provide that
19 specified provisions of this Act do not apply, or apply
20 with modifications specified in the regulations, to or in
21 relation to any matter.
22 (3) Regulations made under this section may provide that a
23 state of affairs specified in the regulations is to be
24 taken to have existed, or not to have existed, on and
25 from a day that is earlier than the day on which the
26 regulations come into operation but not earlier than the
27 day on which the relevant amending Act, or the
28 relevant provision or provisions of that Act, came into
29 operation.
page 12
Cannabis Law Reform Bill 2009
Misuse of Drugs Act 1981 amended Part 3
s. 8
1 (4) If the regulations contain a provision referred to in
2 subsection (3), the provision does not operate so as --
3 (a) to affect in a manner prejudicial to any person
4 (other than the State), the rights of that person
5 existing before the regulations commenced; or
6 (b) to impose liabilities on any person (other than
7 the State) in respect of anything done or
8 omitted to be done before the regulations
9 commenced.
10 Division 2 -- Provisions for Cannabis Law Reform Act 2009
11 45. Terms used
12 In this Division --
13 CIN means a cannabis infringement notice given under
14 the Cannabis Control Act 2003 and in force
15 immediately before the repeal of that Act;
16 commencement day means the day on which the
17 Cannabis Law Reform Act 2009 Part 2 comes into
18 operation.
19 46. CINs continue in force
20 Despite the repeal of the Cannabis Control Act 2003,
21 that Act and the Fines, Penalties and Infringement
22 Notices Enforcement Act 1994, continue to apply in
23 respect of a CIN, except in so far as the contrary
24 intention is provided under this Division.
25 47. Amounts outstanding in 12 months time under a
26 CIN are to be taken to be paid
27 (1) Subsection (2) applies in respect of a CIN if a licence
28 suspension order was made under the Fines, Penalties
29 and Infringement Notices Enforcement Act 1994
30 section 19 in respect of the CIN.
page 13
Cannabis Law Reform Bill 2009
Part 3 Misuse of Drugs Act 1981 amended
s. 8
1 (2) If, immediately before --
2 (a) the day that is 12 months after the day on which
3 the licence suspension order is made in respect
4 of the CIN; or
5 (b) the commencement day,
6 whichever is the later in time --
7 (c) the modified penalty, and enforcement fees,
8 payable under the Fines, Penalties and
9 Infringement Notices Enforcement Act 1994 in
10 respect of the CIN have not been paid; and
11 (d) an election has not been made under section 21
12 of that Act,
13 then, for the purposes of that Act, the amounts referred
14 to in paragraph (c) are to be taken to be paid on that
15 day.
16 (3) If, due to the operation of subsection (2), a licence
17 suspension order is to be taken as having been
18 cancelled under the Fines, Penalties and Infringement
19 Notices Enforcement Act 1994 section 20(1)(a), then
20 subsections (3) and (4) of that section apply as if the
21 licence suspension order was cancelled under
22 subsection (2) of that section.
23
page 14
Cannabis Law Reform Bill 2009
Spent Convictions Act 1988 amended Part 4
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 15
Cannabis Law Reform Bill 2009
Part 5 Young Offenders Act 1994 amended
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
29
page 16
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