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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Misuse of Drugs Amendment Bill 2010
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 5 amended 2
5. Section 21 amended 3
6. Section 26 amended 3
7. Section 27 amended 4
8. Section 28 replaced 5
28. Compensation for destroyed seized
property 5
9. Section 43 inserted 6
43. Transitional provisions (Sch. IX) 6
10. Schedule IX inserted 6
Schedule IX -- Transitional provisions
1. Property subject to holding orders under
repealed s. 28 7
114--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Misuse of Drugs Amendment Bill 2010
A Bill for
An Act to amend the Misuse of Drugs Act 1981.
The Parliament of Western Australia enacts as follows:
page 1
Misuse of Drugs Amendment Bill 2010
s. 1
1 1. Short title
2 This is the Misuse of Drugs Amendment Act 2010.
3 2. Commencement
4 This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the Misuse of Drugs Act 1981.
11 4. Section 5 amended
12 After section 5(2) insert:
13
14 (3) A person does not commit a simple offence under
15 subsection (1)(d) by reason only of his having in his
16 possession a pipe or utensil if he proves --
17 (a) that he had possession of the pipe or utensil --
18 (i) only for the purpose of delivering it to a
19 person authorised under this Act or the
20 Poisons Act 1964 to have possession of
21 any prohibited drug or prohibited plant
22 in or on it; and
23 (ii) in accordance with the authority in
24 writing of the person so authorised,
25 and that, after taking possession of the pipe or
26 utensil, he took all such steps as were
27 reasonably open to him to deliver it into the
28 possession of that person; or
page 2
Misuse of Drugs Amendment Bill 2010
s. 5
1 (b) that he had possession of the pipe or utensil
2 only for the purpose of analysing material in or
3 on it, examining it or otherwise dealing with it
4 for the purposes of this Act in his capacity as an
5 analyst, botanist or other expert.
6
7 5. Section 21 amended
8 In section 21 delete the definition of holding order.
9 6. Section 26 amended
10 (1) In section 26(1):
11 (a) delete "requires, may seize that thing and --" and insert:
12
13 requires --
14
15 (b) delete paragraphs (a) and (b) and insert:
16
17 (a) in the case of --
18 (i) a thing that is a prohibited drug,
19 prohibited plant or dangerous substance;
20 or
21 (ii) a thing that is contaminated by a
22 dangerous substance,
23 may seize and detain the thing until it is dealt
24 with under section 27; or
25 (b) in the case of any other thing, may seize it.
26
27 (2) After section 26(1) insert:
28
29 (2A) If under subsection (1)(b) a thing may be seized, the
30 Criminal Investigation Act 2006 Part 13, with any
31 necessary changes, applies to and in relation to the
32 exercise of the power to seize the thing.
page 3
Misuse of Drugs Amendment Bill 2010
s. 7
1 (2B) If under subsection (1)(b) a thing is seized, the
2 Criminal Investigation Act 2006 Part 13 and the
3 Criminal and Found Property Disposal Act 2006, with
4 any necessary changes, apply to and in relation to it.
5
6 7. Section 27 amended
7 (1) In section 27(1) delete "prohibited drug, prohibited plant or
8 dangerous substance" (each occurrence) and insert:
9
10 relevant thing
11
12 (2) In section 27(2):
13 (a) delete "prohibited drug, prohibited plant or dangerous
14 substance" and insert:
15
16 relevant thing
17
18 (b) delete paragraph (b) and insert:
19
20 (b) sufficient samples have been taken of or from
21 the thing,
22
23 (3) After section 27(5) insert:
24
25 (6A) If --
26 (a) a court convicts a person of an offence under
27 this Act that involved the possession or use of a
28 relevant thing; and
29 (b) the relevant thing was destroyed under this
30 section,
31 the court may order the person to pay the costs
32 reasonably incurred by the State in destroying the
page 4
Misuse of Drugs Amendment Bill 2010
s. 8
1 thing, other than costs relating to the employment of
2 police officers or the use of equipment or facilities
3 under the control or management of the Commissioner.
4
5 (4) In section 27(6):
6 (a) delete "subsection (2)(b) --" and insert:
7
8 this section --
9
10 (b) insert in alphabetical order:
11
12 relevant thing means a prohibited drug, prohibited
13 plant or dangerous substance or a thing contaminated
14 with a dangerous substance;
15
16 8. Section 28 replaced
17 Delete section 28 and insert:
18
19 28. Compensation for destroyed seized property
20 (1) In this section --
21 seized property means a dangerous substance, or a
22 thing contaminated with a dangerous substance, seized
23 under section 26.
24 (2) This section does not apply to or in respect of any
25 seized property that has been forfeited to the Crown.
26 (3) If any seized property is destroyed --
27 (a) under section 27(1)(a)(i); or
28 (b) under an order made under section 27(1)(b),
29 a person who was entitled to possession of it when it
30 was seized is entitled to recover from the State (if
31 necessary, by action in a court of competent
page 5
Misuse of Drugs Amendment Bill 2010
s. 9
1 jurisdiction) compensation equal to its market value at
2 the time it was seized.
3 (4) If under section 27(4) any seized property is destroyed
4 and --
5 (a) in the 12 months after the date on which the
6 property was seized no person is charged with
7 an offence that involved the possession, use,
8 sale or supply of it; or
9 (b) a person is charged with such an offence but is
10 acquitted, whether at trial or on appeal, and any
11 appeal against the acquittal is concluded,
12 any person who was entitled to possession of the
13 property when it was seized is entitled to recover from
14 the State (if necessary, by action in a court of
15 competent jurisdiction) compensation equal to its
16 market value at the time it was seized.
17
18 9. Section 43 inserted
19 After section 42 insert:
20
21 43. Transitional provisions (Sch. IX)
22 Schedule IX sets out transitional provisions.
23
24 10. Schedule IX inserted
25 After Schedule VIII insert:
page 6
Misuse of Drugs Amendment Bill 2010
s. 10
1
2 Schedule IX -- Transitional provisions
3 [s. 43]
4 1. Property subject to holding orders under repealed s. 28
5 (1) In this clause --
6 repeal day means the day on which section 28 is repealed by
7 the Misuse of Drugs Amendment Act 2010 section 8.
8 (2) If immediately before repeal day any property is subject to a
9 holding order granted under section 28, then on repeal
10 day --
11 (a) the repealed section 28 ceases to apply to and in
12 respect of the property and the holding order; and
13 (b) the property is to be taken to be seized property for
14 the purposes of the Criminal and Found Property
15 Disposal Act 2006 and that Act applies to and in
16 respect of it accordingly.
17
18
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