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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 17
As laid on the table and read a first time, 31 May 2006
South Australia
Anangu Pitjantjatjara Yankunytjatjara Land
Rights (Regulated Substances) Amendment Bill 2006
A Bill For
An Act to amend the Anangu
Pitjantjatjara Yankunytjatjara Land Rights
Act 1981.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Anangu Pitjantjatjara Yankunytjatjara
Land Rights Act 1981
4 Amendment of section 4—Interpretation
5 Repeal of section 38
6 Insertion of section 42D
42D Offences relating to the supply of
regulated substances
7 Amendment of
section 43—Regulations
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Anangu
Pitjantjatjara Yankunytjatjara Land Rights (Regulated
Substances) Amendment Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Anangu
Pitjantjatjara Yankunytjatjara Land Rights
Act 1981
4—Amendment of section 4—Interpretation
(1) Section 4—after the definition of Mintabie resident insert:
motor vehicle means a vehicle built to be propelled by
a motor that forms part of the vehicle;
(2) Section 4—after the definition of principal
office insert:
regulated substance means petrol and any other substance
declared by regulation to be a regulated substance for the purposes of this
Act;
Section 38—delete the section
After section 42C insert:
42D—Offences
relating to the supply of regulated substances
(1) A person must not, on the lands—
(a) sell or supply a regulated substance to another person; or
(b) take part in the sale or supply of a regulated substance to
another person; or
(c) have a regulated substance in his or her possession for the
purpose of the sale or supply of the regulated substance to another person,
knowing, or having reason to suspect, the
regulated substance will be inhaled or consumed by any person.
Maximum penalty: $50 000 or imprisonment for 10 years.
(2) A police officer may seize and retain any
motor vehicle that the police officer suspects on reasonable grounds—
(a) is being, or has been or is intended to be used for, or in
connection with, an offence against this section; or
(b) affords evidence of an offence against this section.
(3) If a motor vehicle is seized under this
section, the following provisions apply:
(a) the
motor vehicle is to be held by the Crown pending proceedings against a person
for an offence against this section, unless the Minister, on application,
authorises its release to the person from whom it was seized or any person who
had legal title to it at the time of its seizure, subject to such conditions as
the Minister thinks fit;
(b) if the person is convicted of the offence, the motor vehicle
is, by force of this section, forfeited to the Crown—
(i) if an appeal has not been lodged within the
period provided for lodging an appeal against the conviction—at the end of the
period; or
(ii) if an appeal has been lodged within the period provided for
lodging an appeal against the conviction—when the appeal lapses or is finally
determined;
(c) where the motor vehicle is forfeited to the Crown under this
section, it may be disposed of by way of sale, destruction or otherwise as the
Minister directs;
(d) the proceeds of any sale under paragraph (c) (less any
costs associated with towing, storage or sale of the motor vehicle) must be
paid to Anangu Pitjantjatjara Yankunytjatjara.
(4) For
the purposes of this section, a reference to a police officer includes a
reference to a special constable authorised by a member of the police force to
seize a motor vehicle under this section.
7—Amendment of section 43—Regulations
(1) Section
43(3)(b)—delete ", sale or supply"
(2) Section 43(7), (8) and (9)—delete
subsections (7), (8) and (9) and substitute:
(7) A police officer may seize and retain any
motor vehicle that the police officer suspects on reasonable grounds—
(a) is being, or has been or is intended to be used for, or in
connection with the sale or supply of alcohol liquor in contravention of a
by-law; or
(b) affords evidence of such a contravention.
(8) If a motor vehicle is seized under
subsection (7), the following provisions apply:
(a) the
motor vehicle is to be held by the Crown pending proceedings against a person
for the contravention in respect of which the motor vehicle was seized, unless
the Minister, on application, authorises its release to the person from whom it
was seized or any person who had legal title to it at the time of its seizure,
subject to such conditions as the Minister thinks fit;
(b) if the person is convicted of the contravention, the motor
vehicle is, by force of this section, forfeited to the Crown—
(i) if an appeal has not been lodged within the
period provided for lodging an appeal against the conviction—at the end of the
period; or
(ii) if an appeal has been lodged within the period provided for
lodging an appeal against the conviction—when the appeal lapses or is finally
determined;
(c) where the motor vehicle is forfeited to the Crown under this
section, it may be disposed of by way of sale, destruction or otherwise as the
Minister directs;
(d) the proceeds of any sale under paragraph (c) (less any
costs associated with towing, storage or sale of the motor vehicle) must be
paid to Anangu Pitjantjatjara Yankunytjatjara.
(3) Section 43(12) and (13)—delete subsections
(12) and (13) and substitute:
(12) A person who contravenes a by-law
regulating, restricting or prohibiting the sale or supply of alcohol liquor is
guilty of an offence.
Maximum penalty: $2 000 or imprisonment for 2 years.
(13) For the purposes of this section, a reference to a police officer includes a reference to a special constable authorised by a member of the police force to seize a motor vehicle under this section.