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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Drug Offences)
Bill 2018
A BILL FOR
An Act to amend the
Controlled
Substances Act 1984
and the
Sentencing
Act 2017
.
Contents
Part 2—Amendment of Controlled
Substances Act 1984
4Amendment of section
4—Interpretation
5Amendment of section
32—Trafficking
6Amendment of section 33—Manufacture of
controlled drugs for sale
7Amendment of section 33A—Sale, manufacture
etc of controlled precursor
8Amendment of section 33B—Cultivation of
controlled plants for sale
9Amendment of section 33C—Sale of
controlled plants
10Amendment of section 33D—Sale of
equipment
11Amendment of section 33DA—Sale of
instructions
13Amendment of section 33GB—Sale of
instructions to a child
14Amendment of section 33I—Supply or
administration of controlled drug
15Amendment of section 33J—Manufacture of
controlled drugs
16Amendment of section 33K—Cultivation of
controlled plants
17Amendment of section 33L—Possession or
consumption of controlled drug etc
18Amendment of section 33LA—Possession or
supply of prescribed equipment
19Amendment of section 33LAB—Possession or
supply of instructions
20Amendment of section 33LB—Possession or
supply of prescribed quantity of controlled precursor
21Amendment of section 33LD—Intentional
manufacture of controlled drug alternative
22Amendment of section 33LE—Promoting
controlled drug alternative
24Amendment of section 34—Application of
Division
25Amendment of section 44—Matters to be
considered when court fixes penalty
Part 3—Amendment of Sentencing Act
2017
26Amendment of section 71—Home detention
orders
27Amendment of section 96—Suspension of
imprisonment on defendant entering into bond
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Drug Offences)
Act 2018.
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 Controlled Substances
Act 1984
4—Amendment
of section 4—Interpretation
Section 4—after subclause (7) insert:
(7a) For the purposes of this Act, in determining the maximum penalty for
an offence against this Act, an offender is a serious drug
offender if the offender has, within 10 years of the commission of the
offence, been previously convicted of—
(a) 2 or more offences against Part 5 Division 2 (other than
Subdivision 4) or Division 3, being offences arising out of separate
incidents; or
(b) 3 or more offences against Part 5 (other than sections 33D, 33DA,
33I(2), 33K, 33L, 33LA, 33LAB or 33LB), being offences arising out of separate
incidents.
5—Amendment
of section 32—Trafficking
(1) Section 32(1), penalty provision—delete "$500 000" and
substitute:
$1 000 000
(2) Section 32(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$500 000 or
imprisonment for life, or both; or
(ii) in any other case—$200 000 or imprisonment for 25 years, or
both;
(b) for an aggravated offence—$500 000 or imprisonment for life, or
both.
(3) Section 32(2a), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$200 000 or
imprisonment for 25 years, or both; or
(ii) in any other case—$75 000 or imprisonment for 15 years, or
both;
(b) for an aggravated offence—$200 000 or imprisonment for 25 years,
or both.
(4) Section 32(3), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$75 000 or
imprisonment for 15 years, or both; or
(ii) in any other case—$50 000 or imprisonment for 10 years, or
both;
(b) for an aggravated offence—$75 000 or imprisonment for 15 years,
or both.
6—Amendment
of section 33—Manufacture of controlled drugs for
sale
(1) Section 33(1), penalty provision—delete "$500 000" and
substitute:
$1 000 000
(2) Section 33(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$500 000 or
imprisonment for life, or both; or
(ii) in any other case—$200 000 or imprisonment for 25 years, or
both;
(b) for an aggravated offence—$500 000 or imprisonment for life, or
both.
(3) Section 33(3), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$75 000 or
imprisonment for 15 years, or both; or
(ii) in any other case—$50 000 or imprisonment for 10 years, or
both;
(b) for an aggravated offence—$75 000 or imprisonment for 15
years, or both.
7—Amendment
of section 33A—Sale, manufacture etc of controlled
precursor
(1) Section 33A(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$500 000 or
imprisonment for life, or both; or
(ii) in any other case—$200 000 or imprisonment for 25 years, or
both;
(b) for an aggravated offence—$500 000 or imprisonment for life, or
both.
(2) Section 33A(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$200 000 or
imprisonment for 25 years, or both; or
(ii) in any other case—$75 000 or imprisonment for 15 years, or
both;
(b) for an aggravated offence—$200 000 or imprisonment for 25 years,
or both.
(3) Section 33A(3), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$75 000 or
imprisonment for 15 years, or both; or
(ii) in any other case—$50 000 or imprisonment for 10 years, or
both;
(b) for an aggravated offence—$75 000 or imprisonment for 15 years,
or both.
(4) Section 33A(4), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$75 000 or
imprisonment for 15 years, or both; or
(ii) in any other case—$50 000 or imprisonment for 10 years, or
both;
(b) for an aggravated offence—$75 000 or imprisonment for 15 years,
or both.
(5) Section 33A(5), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$75 000 or
imprisonment for 15 years, or both; or
(ii) in any other case—$50 000 or imprisonment for 10 years, or
both;
(b) for an aggravated offence—$75 000 or imprisonment for 15 years,
or both.
8—Amendment
of section 33B—Cultivation of controlled plants for
sale
(1) Section 33B(1), penalty provision—delete "$500 000" and
substitute:
$1 000 000
(2) Section 33B(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$500 000 or
imprisonment for life, or both; or
(ii) in any other case—$200 000 or imprisonment for 25 years, or
both;
(b) for an aggravated offence—$500 000 or imprisonment for life, or
both.
(3) Section 33B(3), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$75 000 or
imprisonment for 15 years, or both; or
(ii) in any other case—$50 000 or imprisonment for 10 years, or
both;
(b) for an aggravated offence—$75 000 or imprisonment for 15 years,
or both.
9—Amendment
of section 33C—Sale of controlled plants
(1) Section 33C(1), penalty provision—delete "$500 000" and
substitute:
$1 000 000
(2) Section 33C(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$500 000 or
imprisonment for life, or both; or
(ii) in any other case—$200 000 or imprisonment for 25 years, or
both;
(b) for an aggravated offence—$500 000 or imprisonment for life, or
both.
(3) Section 33C(3), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$75 000 or
imprisonment for 15 years, or both; or
(ii) in any other case—$50 000 or imprisonment for 10 years, or
both;
(b) for an aggravated offence—$75 000 or imprisonment for 15 years,
or both.
10—Amendment
of section 33D—Sale of equipment
Section 33D, penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$20 000 or
imprisonment for 5 years, or both; or
(ii) in any other case—$15 000 or imprisonment for 3 years, or
both;
(b) for an aggravated offence—$20 000 or imprisonment for 5 years,
or both.
11—Amendment
of section 33DA—Sale of instructions
Section 33DA(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$20 000 or
imprisonment for 5 years, or both; or
(ii) in any other case—$15 000 or imprisonment for 3 years, or
both;
(b) for an aggravated offence—$20 000 or imprisonment for 5 years,
or both.
12—Amendment
of section 33GA—Sale of equipment to child for use in connection with
consumption of controlled drugs
Section 33GA, penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$30 000 or
imprisonment for 7 years, or both; or
(ii) in any other case—$20 000 or imprisonment for 5 years, or
both;
(b) for an aggravated offence—$30 000 or imprisonment for 7 years,
or both.
13—Amendment
of section 33GB—Sale of instructions to a child
Section 33GB(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$30 000 or
imprisonment for 7 years, or both; or
(ii) in any other case—$20 000 or imprisonment for 5 years, or
both;
(b) for an aggravated offence—$30 000 or imprisonment for 7 years,
or both.
14—Amendment
of section 33I—Supply or administration of controlled
drug
(1) Section 33I(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$75 000 or
imprisonment for 15 years, or both; or
(ii) in any other case—$50 000 or imprisonment for 10 years, or
both;
(b) for an aggravated offence—$75 000 or imprisonment for 15 years,
or both.
(2) Section 33I(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $15 000 or imprisonment for 3 years, or both.
15—Amendment
of section 33J—Manufacture of controlled drugs
(1) Section 33J(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$75 000 or
imprisonment for 15 years, or both; or
(ii) in any other case—$30 000 or imprisonment for 7 years, or
both;
(b) for an aggravated offence—$75 000 or imprisonment for 15 years,
or both.
(2) Section 33J(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$30 000 or
imprisonment for 7 years, or both; or
(ii) in any other case—$20 000 or imprisonment for 5 years, or
both;
(b) for an aggravated offence—$30 000 or imprisonment for 7 years,
or both.
16—Amendment
of section 33K—Cultivation of controlled plants
(1) Section 33K(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$5 000 or
imprisonment for 5 years, or both; or
(ii) in any other case—$2 000 or imprisonment for 2 years, or
both;
(b) for an aggravated offence—$5 000 or imprisonment for 5 years, or
both.
(2) Section 33K(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $2 000 or imprisonment for 2 years, or both.
17—Amendment
of section 33L—Possession or consumption of controlled drug
etc
Section 33L(2), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $2 000 or imprisonment for 2 years, or both.
18—Amendment
of section 33LA—Possession or supply of prescribed
equipment
Section 33LA, penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$20 000 or
imprisonment for 5 years, or both; or
(ii) in any other case—$10 000 or imprisonment for 2 years, or
both;
(b) for an aggravated offence—$20 000 or imprisonment for 5 years,
or both.
19—Amendment
of section 33LAB—Possession or supply of instructions
Section 33LAB(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$20 000 or
imprisonment for 5 years, or both; or
(ii) in any other case—$10 000 or imprisonment for 2 years, or
both;
(b) for an aggravated offence—$20 000 or imprisonment for 5 years,
or both.
20—Amendment
of section 33LB—Possession or supply of prescribed quantity of controlled
precursor
(1) Section 33LB(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$20 000 or
imprisonment for 5 years, or both; or
(ii) in any other case—$15 000 or imprisonment for 3 years, or
both;
(b) for an aggravated offence—$20 000 or imprisonment for 5 years,
or both.
(2) Section 33LB(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$30 000 or
imprisonment for 7 years, or both; or
(ii) in any other case—$20 000 or imprisonment for 5 years, or
both;
(b) for an aggravated offence—$30 000 or imprisonment for 7 years,
or both.
21—Amendment
of section 33LD—Intentional manufacture of controlled drug
alternative
Section 33LD, penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$30 000 or
imprisonment for 7 years, or both; or
(ii) in any other case—$20 000 or imprisonment for 5 years, or
both;
(b) for an aggravated offence—$30 000 or imprisonment for 7 years,
or both.
22—Amendment
of section 33LE—Promoting controlled drug alternative
Section 33LE(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$20 000 or
imprisonment for 5 years, or both; or
(ii) in any other case—$10 000 or imprisonment for 2 years, or
both;
(b) for an aggravated offence—$20 000 or imprisonment for 5 years,
or both.
23—Amendment
of section 33LF—Manufacturing, packaging, selling or supplying substance
promoted as controlled drug alternative
Section 33LF(3), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a basic offence—
(i) if the offender is a serious drug offender—$30 000 or
imprisonment for 7 years, or both; or
(ii) in any other case—$20 000 or imprisonment for 5 years, or
both;
(b) for an aggravated offence—$30 000 or imprisonment for 7 years,
or both.
24—Amendment
of section 34—Application of Division
Section 34(1)—after paragraph (b) insert:
or
(c) a person who is alleged to have committed a simple possession offence
but who has, in the 4 years preceding the date of the alleged simple possession
offence, been referred to a nominated assessment service under this Division on
2 or more occasions (with each referral being in respect of a separate alleged
simple possession offence).
25—Amendment
of section 44—Matters to be considered when court fixes
penalty
Section 44(1)—after paragraph (d) insert:
(daa) in the case of an offence against section 33—whether a child
was present at any stage when the offence occurred; and
Part 3—Amendment
of Sentencing Act 2017
26—Amendment
of section 71—Home detention orders
Section 71(5), definition of serious and organised crime
offence, (b)—after subparagraph (v) insert:
(vi) an offence under section 33F, 33G or 33H;
27—Amendment
of section 96—Suspension of imprisonment on defendant entering into
bond
Section 96(9), definition of serious and organised crime
offence, (b)—after subparagraph (v) insert:
(vi) an offence under section 33F, 33G or 33H;