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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Drug Paraphernalia) Amendment
Bill 2007
A BILL FOR
An Act to amend the Summary Offences Act 1953; and to make
related amendments to the Controlled Substances Act 1984.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Summary Offences
Act 1953
4 Insertion of section 9B
9B Sale
of drug paraphernalia
Schedule 1—Related amendment
Part 1—Amendment of Controlled Substances
Act 1984
1 Amendment of section 33D—Sale of
equipment
2 Insertion of section 33GA
33GA Sale of
equipment to child for use in connection with consumption of controlled
drugs
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Drug Paraphernalia)
Amendment Act 2007.
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 Summary Offences
Act 1953
After section 9A insert:
9B—Sale of drug paraphernalia
(1) Subject to this section, a person who—
(a) sells a prohibited item; or
(b) supplies a prohibited item in connection with the sale, or possible
sale, of goods,
is guilty of an offence.
Maximum penalty:
(a) if the offender is a body corporate—$50 000;
(b) if the offender is a natural person—$10 000 or imprisonment for
2 years.
(2) A person who—
(a) sells a prohibited item to a minor; or
(b) supplies a prohibited item to a minor in connection with the sale, or
possible sale, of goods,
is guilty of an offence.
Maximum penalty:
(a) if the offender is a body corporate—$100 000;
(b) if the offender is a natural person—$20 000 or imprisonment for
2 years.
(3) If a body corporate commits an offence against subsection (1) or
subsection (2), any director or manager of the body corporate is also
guilty of an offence and liable to the same penalty as may be imposed for the
principal offence when committed by a natural person unless it is proved that he
or she could not, by the exercise of reasonable diligence, have prevented the
commission of the principal offence by the body corporate.
(4) A person may be prosecuted and convicted of an offence under
subsection (3) whether or not the body corporate has been prosecuted or
convicted of the offence committed by the body corporate.
(5) If a person is convicted of an offence against this section, any
prohibited item seized as evidence of the offence may be retained by the
Commissioner of Police and is forfeited to the Crown—
(a) 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
(b) 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.
(6) An item forfeited under subsection (5) may be dealt with and
disposed of in such manner as the Commissioner of Police may direct.
(7) In this section—
cocaine kit—a cocaine kit is constituted by 2 or more
of the following items packaged as a unit apparently for use for the purposes of
preparing for introduction, or for introducing, cocaine into the body of a
person:
(a) a razor blade;
(b) a tube;
(c) a mirror;
(d) a scoop;
(e) a glass bottle;
(f) any other item apparently for use together with any item referred to
in paragraphs (a) to (e) to prepare for introduction, or to introduce,
cocaine into the body of a person;
prohibited item means—
(a) a water pipe; or
(b) a prohibited pipe; or
(c) a cocaine kit;
prohibited pipe means—
(a) a device (other than a water pipe) that is apparently intended for use
or designed for use in smoking cannabis, cannabis resin or methamphetamine
crystals; or
(b) components that, when assembled together, form such a
device,
and includes, without limitation, a device known as a hash pipe and a
device known as an ice pipe;
sell means—
(a) sell, barter or exchange; or
(b) offer or agree to sell, barter or exchange; or
(c) expose for sale, barter or exchange; or
(d) have in possession for sale, barter or exchange;
supply includes offer to supply;
water pipe means—
(a) a device capable of being used for smoking by means of the drawing of
smoke fumes through water or another liquid; or
(b) components that, when assembled together, form such a device;
or
(c) a device that is apparently intended to be such a device but that is
not capable of being so used because it needs an adjustment, modification or
addition,
and includes, without limitation, devices known as bongs, hookahs,
narghiles, shishas and ghalyans.
Part 1—Amendment of Controlled Substances
Act 1984
1—Amendment of
section 33D—Sale of equipment
Section 33D, penalty provision—delete "$2 000" and
substitute:
$10 000
After section 33G insert:
33GA—Sale of equipment to child for use in
connection with consumption of controlled drugs
A person who—
(a) sells a piece of equipment to a child for use in connection with the
smoking, consumption or administration of a controlled drug, or the preparation
of such a drug for smoking, consumption or administration; or
(b) has possession of a piece of equipment, intending to sell it to a
child for such use,
is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 2 years, or both.