Western Australian Current Acts Western Australian Current Acts (1A) In this section
—
trafficable quantity of methylamphetamine means a
quantity of methylamphetamine not less than that specified in Schedule VII
item 8.
(1) Subject to
subsections (2) and (3), a person who is convicted of —
(a) a
crime under section 6(1) that involves a trafficable quantity of
methylamphetamine is liable to imprisonment for life; or
(aa) any
other crime under section 6(1) is liable to a fine not exceeding $100 000 or
to imprisonment for a term not exceeding 25 years or both; or
(ab) a
crime under section 7(1) is liable to a fine not exceeding $100 000 or to
imprisonment for a term not exceeding 25 years or both; or
(b)
conspiring with another to commit a crime under section 6(1) that does not
involve methylamphetamine is liable to a fine not exceeding $75 000 or to
imprisonment for a term not exceeding 20 years or both; or
(ba)
conspiring with another to commit a crime under section 7(1) is liable to a
fine not exceeding $75 000 or to imprisonment for a term not exceeding 20
years or both; or
(c) an
offence under section 7A(1) is liable —
(i)
if convicted on indictment, to a fine not exceeding $20
000 or to imprisonment for a term not exceeding 5 years or both;
(ii)
if convicted by a summary court, to a fine not exceeding
$2 000 or to imprisonment for a term not exceeding 2 years or both;
or
(d) a
simple offence under section 5(1) (other than a simple offence under
section 5(1)(e)), 8, 20J, 20W, 25(2) or 29 is liable to a fine not exceeding
$3 000 or to imprisonment for a term not exceeding 3 years or both; or
(e) a
simple offence under section 5(1)(e), 6(2), 7(2), 7A(3) or 31(1) is liable to
a fine not exceeding $2 000 or to imprisonment for a term not exceeding 2
years or both; or
(f) a
simple offence under section 15(1), (2) or (3), 16(1) or (2), 17(1) or (2), or
18(1) or (2) is liable to a fine not exceeding $5 000 for a first offence and
to a fine not exceeding $15 000 for any subsequent offence under the same
provision.
(2) A person who is
convicted of a crime under section 6(1) or 7(1) —
(a)
being a crime —
(i)
relating only to cannabis; and
(ii)
not relating to cannabis resin or any other cannabis
derivative or to any prohibited drug or a prohibited plant other than
cannabis,
is liable, if
sentenced by the District Court or the Supreme Court, to a fine not exceeding
$20 000 or to imprisonment for a term not exceeding 10 years or both; or
(b) is
liable, if sentenced by a summary court, to a fine not exceeding $5 000 or to
imprisonment for a term not exceeding 4 years or both.
(3) If a court is
sentencing a person for an offence under section 6(1) or 7(1) that involved
selling or supplying, or offering to sell or supply, a prohibited drug or a
prohibited plant to a child, and the person was an adult when the offence was
committed, then, despite the Sentencing Act 1995 Part 5 —
(a) for
a first offence the court must use one of only these sentencing options
—
(i)
suspended imprisonment imposed under the Sentencing Act
1995 section 39 and Part 11;
(ii)
conditional suspended imprisonment imposed under
section 39 and Part 12 of that Act;
(iii)
a term of imprisonment imposed under section 39 and Part
13 of that Act;
and
(b) for
any subsequent offence (whether or not under the same provision) the court
—
(i)
must impose a term of imprisonment of at least 6 months;
and
(ii)
must not suspend the term of imprisonment.
(4) If a court is
sentencing a person for —
(a) an
offence under section 6(1)(b); or
(b) an
offence under section 7(1)(a) that involved cultivating a prohibited plant; or
(c) an
offence under section 14(1),
committed in
circumstances where the acts constituting the offence endangered the life,
health or safety of a child under 16 years of age, and the person was an adult
when the offence was committed, then, despite the Sentencing Act 1995 Part 5
—
(d) for
a first offence the court must use one of only these sentencing options
—
(i)
suspended imprisonment imposed under the Sentencing Act
1995 section 39 and Part 11;
(ii)
conditional suspended imprisonment imposed under
section 39 and Part 12 of that Act;
(iii)
a term of imprisonment imposed under section 39 and Part
13 of that Act;
and
(e) for
any subsequent offence (whether or not under the same provision) the court
—
(i)
must impose a term of imprisonment of at least 6 months;
and
(ii)
must not suspend the term of imprisonment.
(5) If a court is
sentencing a person for —
(a) an
offence under section 6(1)(b); or
(b) an
offence under section 7(1)(a) that involved cultivating a prohibited plant; or
(c) an
offence under section 14(1),
committed in
circumstances where the acts constituting the offence caused bodily harm (as
defined in The Criminal Code section 1(1) and (4)) to a child under 16 years
of age, and the person was an adult when the offence was committed, then,
despite the Sentencing Act 1995 Part 5, the court —
(d) must
impose a term of imprisonment of at least 12 months; and
(e) must
not suspend the term of imprisonment.
(6) The Minister must
carry out a review of the operation and effectiveness of the amendments made
to this section by the Misuse of Drugs Amendment Act 2011 section 9 as soon as
practicable after the expiry of 3 years from the commencement of that section.
(7) The Minister is to
lay (or cause to be laid) a report of the review under this section before
both Houses of Parliament as soon as practicable after the review is
completed.
[Section 34 amended: No. 44 of 1995 s. 12; No. 52
of 2003 s. 31; No. 4 of 2004 s. 58; No. 62 of 2004 s. 6; No. 56 of 2011 s. 9;
No. 55 of 2012 s. 121; No. 47 of 2016 s. 7; No. 3 of 2017 s. 7; No. 16 of 2023
s. 8.]