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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
(Hon. Dr Christine Sharp)
Misuse of Drugs Amendment (Cannabis
Cautioning Notices) Bill 1999
A Bill for
An Act to amend the Misuse of Drugs Act 1981.
The Parliament of Western Australia enacts as follows:
1. Purpose
The main purposes of this Act are --
(a) to reduce the social impacts of a conviction for simple
5 cannabis offences;
(b) to make the penalties which apply to the drug consistent
with its capacity to produce harm;
(c) to reduce the costs to the criminal justice system,
including the police and the courts, of prosecuting
10 simple cannabis offences;
19 -- 1
Misuse of Drugs Amendment (Cannabis Cautioning Notices) Bill 1999
s. 2
(d) to make cannabis law more consistent with community
values; and
(e) to acknowledge cannabis as primarily a health issue.
2. Short title
5 This Act may be cited as the Misuse of Drugs Amendment
(Cannabis Cautioning Notices) Act 1999.
3. Commencement
(1) Subject to subsection (2), this Act comes into operation on the
day it receives the Royal Assent.
10 (2) Subject to subsection (3), sections 5 and 6 come into operation
on a day to be proclaimed.
(3) If a provision referred to in subsection (2) does not come into
operation before 1 January 2001, it comes into operation on that
day.
15 4. Principal Act
In this Act the Misuse of Drugs Act 1981* is referred to as the
principal Act.
[* Act No. 66 of 1981.
For subsequent amendments see 1997 Index to Legislation of
20 Western Australia, pp. 157-8.]
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Misuse of Drugs Amendment (Cannabis Cautioning Notices) Bill 1999
s. 5
5. New Part IIA
The principal Act is amended by inserting after section 8 the
following Part --
"
5 Part IIA -- Cautioning procedure for certain
simple cannabis offences
8A. Interpretation
In this Part, unless otherwise stated --
"cannabis cautioning notice" means a notice
10 prescribed by regulation and served under this
Part;
"simple cannabis offence" means a simple offence
under section 6(2) or section 7(2) involving --
(a) the possession or use of not more than 100
15 grams of cannabis;
(b) the cultivation of not more than two cannabis
plants; or
(c) the possession or use of not more than 100
grams of cannabis and the cultivation of not
20 more than two cannabis plants;
"cautioning notice" means cannabis cautioning notice;
and
"drug offence" includes any offence against --
(a) this Act;
25 (b) the Poisons Act 1964; or
(c) any Act or law of the Commonwealth or
another State or Territory which offence is
prescribed for the purposes of this section.
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Misuse of Drugs Amendment (Cannabis Cautioning Notices) Bill 1999
s. 5
8B. Police officer may serve cannabis cautioning notice
(1) Where a police officer believes on reasonable grounds
that a person has committed a simple cannabis offence
the police officer may, in accordance with this Part,
5 serve the person (the "alleged offender") with a
cannabis cautioning notice.
(2) A cautioning notice must not be served under this Part
unless the alleged offender --
(a) is an adult;
10 (b) admits to the offence;
(c) consents to the cautioning notice;
(d) has no prior convictions for any drug offence in
this State or any other State or Territory; and
(e) has not been served with more than one prior
15 cautioning notice under this Part.
(3) A cautioning notice must include --
(a) legal, medical and any other information
prescribed by regulation relating to the
possession, use or cultivation of cannabis; and
20 (b) the names of, and contact information for,
relevant counselling agencies, if any, in this
State.
(4) This Part does not apply where it is alleged that in
addition to, and at the same time as, the commission of
25 the simple cannabis offence, the alleged offender
committed one or more other drug offences.
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Misuse of Drugs Amendment (Cannabis Cautioning Notices) Bill 1999
s. 6
(5) Where a cautioning notice is served in accordance with
this Part --
(a) any liability of the alleged offender in respect
of the alleged simple cannabis offence shall be
5 deemed to be discharged;
(b) no further proceedings shall be taken in respect
of the alleged simple cannabis offence; and
(c) the alleged offender shall not be regarded as
having been convicted of the alleged simple
10 cannabis offence.
(6) Any substance seized under this Act, or any other Act
or law, in connection with the alleged simple cannabis
offence that would have been liable to forfeiture in the
event of a conviction shall, on service of the cautioning
15 notice in accordance with this Part, be forfeited to the
Crown.
(7) Subject to subsection (5), nothing in this Part shall be
construed as affecting the institution or prosecution of
proceedings for a simple cannabis offence.
20 ".
6. Consequential amendment
Section 41 of the principal Act is amended by inserting after
paragraph (a) of subsection (1) the following new paragraph --
"
25 (ab) providing for --
(i) the form of cannabis cautioning notices
under Part IIA; and
(ii) the procedure to be followed in and in
relation to the serving of such notices;
30 ".
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Misuse of Drugs Amendment (Cannabis Cautioning Notices) Bill 1999
s. 7
7. Repeal
Subsection (1) of section 5 of the principal Act is amended by
repealing subparagraph (i) of paragraph (d).
page 6
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