Controlled Substances (Expiation of Simple Cannabis Offences) Variation Regulations 2006 (SA)

South Australia

Controlled Substances (Expiation of Simple Cannabis Offences) Variation Regulations 2006

under the Controlled Substances Act 1984

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Controlled Substances (Expiation of Simple Cannabis Offences) Regulations 2002

1. Substitution of regulation 6

   6Expiation fees (section 45A(2))

Part 1—Preliminary

1—Short title

These regulations may be cited as the Controlled Substances (Expiation of Simple Cannabis Offences) Variation Regulations 2006.

2—Commencement

These regulations will come into operation on 3 December 2006.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Controlled Substances (Expiation of Simple Cannabis Offences) Regulations 2002

4—Substitution of regulation 6

Regulation 6—delete regulation 6 and substitute:

6—Expiation fees (section 45A(2))

For the purposes of section 45A(2) of the Act, the following fees are prescribed as the fees for the expiation of simple cannabis offences:

(a)    for an offence arising out of the possession of cannabis—
(i)     where the amount is less than 25 grams	$150
(ii)    where the amount is 25 grams or more but less than 100 grams	$300
(b)    for an offence arising out of the possession of cannabis resin—
(i)     where the amount is less than 5 grams	$150
(ii)    where the amount is 5 grams or more but less than 20 grams	$300
(c)     for an offence arising out of the smoking or consumption of cannabis or cannabis resin (not being an offence committed in a public place or other prescribed place)	$150
(d)    —
(i)     for an offence arising out of the possession of equipment (one or more pieces) for use in connection with the smoking or consumption of cannabis or cannabis resin (not being an offence involving the possession of such equipment for commercial purposes); but	$150
(ii)    if an offence referred to in subparagraph (i) is accompanied by another simple cannabis offence relating to the possession, smoking or consumption of cannabis or cannabis resin	$30
(e)     for cultivation of 1 cannabis plant	$300

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

after consultation by the Minister with the Controlled Substances Advisory Council and with the advice and consent of the Executive Council

on 5 October 2006

No 231 of 2006

AGO0439/02CS