Acts Amendment (Misuse of Drugs) Act 1981 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(MISUSE OF DRUGS).

No. 57 of 1981.

AN ACT to amend the Child Welfare Act 1947-1979, the District Court of Western Australia Act 1969-1978, the Poisons Act 1964-1978 and the Police Act 1892-1980.

[Assented to 13 October 1981.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I-PRELIMINARY.

1. This Act may be cited as the Acts Amendment Short title.

(Misuse of Drugs) Act 1981.

No. 57.] Acts Amendment (Misuse [1981.

of Drugs).

Commence-

ment. 2. This Act shall come into operation on the date

on which the Misuse of Drugs Act 1981 comes into

operation.

PART II-CHILD WELFARE ACT 1947-1979.

Citation.

Reprinted	3. (1) In this Part the Child Welfare Act
11 November

as approved	1947-1979 is referred to as the principal Act.
1977 and
amended by
Act No. 77	(2) The principal Act as amended by this Act may be cited as the Child Welfare Act 1947-1981.
of 1979.
Section 4

amended. 4. Section 4 (1) of the principal Act is

amended

(a) in paragraph (f) of the definition of "child in need of care and protection" by insert- ing, after "any drug", the following-

" or prohibited plant " ;

(b) by deleting the definition of "drug" and substituting the following definition-

" "drug" means prohibited drug as defined by section 3 of the Misuse of Drugs Act 1981; " ; and

(c) by inserting, after the definition of "police officer", the following definition-

" "prohibited plant" means prohibited plant as defined by section 3 of the Misuse of Drugs Act 1981; " .

Section 340

amended. 5. Section 34C of the principal Act is amended by deleting "Police Act, 1892" and substituting the following-

" Misuse of Drugs Act 1981 "

Section 126

amended. 6. Section 126 (2) (a) of the principal Act is amended by inserting, after "Police Act, 1892,", the following-

" the Misuse of Drugs Act 1981 " •

1981.] Acts Amendment (Misuse [No. 57.

of Drugs).

7. The Fourth Schedule to the principal Act is 1:7111:(1111e

amended by deleting Part II and substituting the amended

following Part-

"	PART II—OFFENCES IN WHICH THE POSSESSION
OF DRUGS OR PROHIBITED PLANTS FOR THE

PURPOSE OF SALE IS AN ELEMENT.

Item	Section of
Misuse of Offence

Drugs Act 1981

1. 6 (1) (a) Having in possession drug with intent to sell or supply it to another.

2.	6 (1)	(c)	Selling or supplying, or offering to sell or supply, drug to another.
3.	7 (1)	(a)	Having in possession or cultivating prohibited plant with intent to sell or supply it, or drug obtain- able therefrom, to another.

4.	7 (1) (b)	Selling or supplying, or offering to sell or supply, prohibited plant to another.
5.	33 (1)	Attempting, or inciting another, to commit, or becoming an acces- sory after the fact to, an offence referred to in item 1, 2, 3 or 4 of this Schedule.
6.	33 (2)	Conspiring with another to commit an offence referred to in item 1, 2, 3 or 4 of this Schedule. " .

PART III—DISTRICT COURT OF WESTERN

AUSTRALIA ACT 1969-1978.

8.    (1) In this Part the District Court of Western Citation.

Australia Act 1969-1978 is referred to as the 1=leeedd885	September
principal Act.	1980.
(2) The principal Act as amended by this Act may be cited as the District Court of Western Australia Act 1969-1981.

9.   Section 11 of the principal Act is amended =ie

in subsection (2) by deleting "the Schedule to this

Act" and substituting the following-

" Schedule I to this Act " .

No. 57.] Acts Amendment (Misuse [1981.

of Drugs).

Section 42

amended. 10. Section 42 of the principal Act is amended

by repealing subsection (2) and substituting the

following subsection-

" (2) The Court has no jurisdiction to try an accused person charged with an indictable offence

(a)	for which the penalty is death; or
(b)	in respect of which offence the maximum term of imprisonment that can be imposed exceeds fourteen years, unless that offence is an indictable offence specified in Schedule II to this Act and is alleged to have been committed in such circumstances, if any, or subject to such conditions or exceptions, if any, as are set out in that Schedule in relation to that indictable offence. " .

Schedule

amended. 11. The Schedule to the principal Act is amended in the heading thereof by deleting "SCHEDULE" and substituting the following-

" SCHEDULE I. (Section 11) " .

Schedule II

inserted. 12. After Schedule I to the principal Act, the

following Schedule is inserted-

" SCHEDULE II. (Section 42)

ADDITIONAL INDICTABLE OFFENCES TRIABLE

BY DISTRICT COURT.

Item Indictable offence

1. Offence under s. 6 (1) of Misuse of Drugs Act 1981.

2. Offence under s. 7 (1) of Misuse of Drugs Act 1981.

3. Conspiring with another to commit an offence under s. 6 (1) or 7 (1) of Misuse of Drugs Act 1981. " .

1981.] Acts Amendment (Misuse [No. 57.

of Drugs).

PART IV-POISONS ACT 1964-1978.

13. (1) In this Part the Poisons Act 1964-1978 Citation.	Reprinted as
approved 14

is referred to as theprincipal Act.	December
1971 and
amended

(2) The principal Act as amended by this Act by Act No. 43 of 1978.

may be cited as the Poisons Act 1964-1981.

Section 6

14. Section 6 of the principal Act is amended amended.

(a) in subsection (1) by deleting "Parts VIA and VIB of the Police Act, 1892," and sub- stituting the following-

" the Misuse of Drugs Act 1981,

and

(b) in subsection (2) by deleting "Part VIA or Part VIB of the Police Act, 1892," and substituting the following-

" the Misuse of Drugs Act 1981 " .

Section 22A

15. Section 22A of the principal Act is amended

in subsection (2) by deleting "Part VIA of the Police

Act, 1892." and substituting the following-

amended.

" the Misuse of Drugs Act 1981. " .

Section 41

16. Section 41 of the principal Act is amended in subsection (1) by deleting "Notwithstanding any provision of Part VIB of the Police Act, 1892, it" and substituting the following- amended.

" Notwithstanding anything in the Misuse of

Drugs Act 1981, it " .

17.    Section 41A of the principal Act is amended 7glodnerA

by repealing subsection (3).

18.   Section 42 of the principal Act is repealed. =g7 W2

19. Section 43 of the principal Act is repealed. %tad! 2

No. 57.] Acts Amendment (Misuse [1981.

of Drugs).

Section 55 20.

Section 55 of the principal Act is amended in subsection (5) by deleting "Parts VIA and VIB of the Police Act, 1892." and substituting the following-

amended.

" the Misuse of Drugs Act 1981. "

Section 64

Section 64 of the principal Act is amended in subsection (3) by deleting "section 94C of the Police Act, 1892,", wherever it occurs, and in each case substituting the following-

21.

amended.

" the Misuse of Drugs Act 1981,

PART V-POLICE ACT 1892-1980.

Citation.

22. (1) In this Part the Police Act 1892-1980 is

Reprinted as

approved 11

July 1978	referred to as the principal Act.
and
amended

by Acts Nos.	(2) The principal Act as amended by this Act
17, 29 and

83 of 1979

may be cited as the Police Act 1892-1981.

and 71 of

1980.

Section 3

amended. 23.

Section 3 of the principal Act is amended

by deleting "PART VIA.—OPIUM AND DANGER-

OUS DRUGS, ss. 94A-94E." .

Part VIA 24.

(1) Part VIA of the principal Act is repealed. (2) Notwithstanding anything in subsection (1) of this section or in section 11 of The Criminal Code, the provisions of Part VIA of the principal Act and of any regulations made under or for the purposes of that Part shall continue to have effect in relation to an offence referred to in that Part which was committed before this Act came into operation as if this Act had not come into operation.

repealed.