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Government discussion with members of
Aboriginal communities has revealed there is a widespread perception that the possession and supply of
dangerous drugs, particularly cannabis, has increased in the communities following the banning of alcohol as a result of the Commonwealth intervention in the Northern Territory.
The report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse
(“Little Children are Sacred Report”) included a finding at page 161 that “alcohol and other drugs are having a massive negative impact on the social fabric of Aboriginal Communities and contribute greatly to family and cultural breakdown.”
This Bill addresses this issue from a criminal justice perspective, by increasing the penalties for the supply of all dangerous drugs to remote Indigenous communities, as defined.
NOTES ON CLAUSES
Clause 1. Short Title.
This is a formal clause which provides for the citation of the Bill.
The Bill when passed may be cited as the Misuse of Drugs Amendment Act 2008.
Clause 2. Commencement
The Act will commence on a date to be fixed by the Administrator.
Clause 3. Act Amended
This Act amends the Misuse of Drugs Act.
Clause 4. Amendment of Section 3 (Interpretation)
This clause makes a statute law amendment and provides for the definition of “indigenous community”.
Clause 5. Insert new section 4B
An Indigenous community is defined as a prescribed area, as defined in section 4 of the Northern Territory National Emergency Response Act 2007 (Cth), or as an area prescribed by regulation. The regulations may also provide that a Commonwealth “prescribed area” is not an “indigenous community” for the purposes of the Misuse of Drugs Act.
Clause 6. Amendment of section 5 (Supplying Dangerous Drugs)
The maximum penalty for the supply of a dangerous drug in an Indigenous community is nine years imprisonment.
A statement in the complaint or information that the person was in an Indigenous community (as defined) when the offence occurred is evidence of the matter stated.
Clause 7. Amendment of section 43 (Regulations)
This clause makes statute law corrections to the general regulation making power contained in section 43 of the Misuse of Drugs Act.
Clause 8. New section 44
44. Transitional provision for increased penalty for supplying dangerous drug in indigenous community