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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Commercial Offences) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Controlled
Substances Act 1984
.
Contents
Part 2—Amendment of Controlled
Substances Act 1984
3Amendment of section
32—Trafficking
4Amendment of section 33—Manufacture of
controlled drugs for sale
5Amendment of section 33A—Sale, manufacture
etc of controlled precursor
6Amendment of section 33B—Cultivation of
controlled plants for sale
7Amendment of section 33C—Sale of
controlled plants
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Commercial Offences)
Amendment Act 2015.
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 Controlled Substances
Act 1984
3—Amendment
of section 32—Trafficking
(1) Section 32—before subsection (1) insert:
(a1) A person who
carries on a business that involves trafficking in controlled drugs is guilty of
an offence.
Maximum penalty: $500 000 or imprisonment for life, or both.
(2) Section 32(5)—delete "subsection (1)" and substitute:
subsection (a1), (1)
4—Amendment
of section 33—Manufacture of controlled drugs for
sale
(1) Section 33—before subsection (1) insert:
(a1) A person who
carries on a business that involves manufacturing controlled drugs intending to
sell any of the drugs or believing that another person intends to sell any of
the drugs is guilty of an offence.
Maximum penalty: $500 000 or imprisonment for life, or both.
(2) Section 33(4)(a) and (b)—delete "subsection (1)" wherever
occurring and substitute in each case:
subsection (a1), (1)
5—Amendment
of section 33A—Sale, manufacture etc of controlled
precursor
(1) Section 33A—before subsection (1) insert:
(a1) A person who
carries on a business that involves selling controlled precursors believing that
the person to whom they are, or are to be, sold or another person intends to use
any of them to unlawfully manufacture a controlled drug is guilty of an
offence.
Maximum penalty: $500 000 or imprisonment for life, or both.
(2) Section 33A—after subsection (3) insert:
(3a) A person who carries on a business that involves manufacturing
controlled precursors—
(a) intending to unlawfully manufacture controlled drugs; and
(b) intending to sell any of the drugs so manufactured or believing that
another person intends to sell any of them,
is guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 15 years, or
both.
(3) Section 33A—after subsection (4) insert:
(4a) A person who carries on a business that involves manufacturing
controlled precursors—
(a) intending to sell any of the controlled precursors to another person;
and
(b) believing that that person, or another person, intends to use the
controlled precursor to unlawfully manufacture a controlled drug,
is guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 15 years, or
both.
6—Amendment
of section 33B—Cultivation of controlled plants for
sale
(1) Section 33B—before subsection (1) insert:
(a1) A person who
carries on a business that involves cultivating controlled plants intending to
sell any of them or their products or believing that another person intends to
sell any of them or their products is guilty of an offence.
Maximum penalty: $500 000 or imprisonment for life, or both.
(2) Section 33B(5)—delete "subsection (1)" and substitute:
subsection (a1), (1)
7—Amendment
of section 33C—Sale of controlled plants
(1) Section 33C—before subsection (1) insert:
(a1) A person who
carries on a business that involves selling controlled plants is guilty of an
offence.
Maximum penalty: $500 000 or imprisonment for life, or both.
(2) Section 33C(5)—delete "subsection (1)" and substitute:
subsection (a1), (1)