Controlled Substances (Miscellaneous) Amendment Act 2010 (SA)

South Australia

Controlled Substances (Miscellaneous) Amendment Act 2010

An Act to amend the Controlled Substances Act 1984.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Controlled Substances (Miscellaneous) Amendment Act 2010.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Controlled Substances Act 19844Amendment of section 4 – Interpretation

Section 4(1), definition of discrete dosage unit—delete the definition and substitute:

discrete dosage unit, in relation to a controlled drug contained in a mixture or a controlled precursor contained in a mixture, means an amount of the mixture which is prepared or apparently prepared for the purpose of being administered as a single dose;

5Amendment of section 32 – Trafficking

1. (1)

   Section 32—after subsection (2) insert:

   1. (2a)

      A person who, in a prescribed area, traffics in a controlled drug is guilty of an offence.

   Maximum penalty: $75 000 or imprisonment for 15 years, or both.

2. (2)

   Section 32(5)—after "subsection (1), (2)" insert:

   , (2a)

3. (3)

   Section 32—after subsection (5) insert:

   1. (6)

      In this section—

   prescribed area means—

   1. (a)

      prescribed licensed premises or an area being used in connection with prescribed licensed premises; or

   2. (b)

      premises at which members of the public are gathered for a public entertainment or an area being used in connection with such premises;

      Example—

      Areas being used in connection with premises would include—

      1. (a)

         a car parking area specifically provided for the use of patrons of the premises;

      2. (b)

         an area in which people are queuing to enter the premises.

   prescribed licensed premises means—

   1. (a)

      premises in respect of which 1 of the following classes of licence is in force under the Liquor Licensing Act 1997:

      1. (i)

         a hotel licence;

      2. (ii)

         a restaurant licence that includes an extended trading authorisation;

      3. (iii)

         an entertainment venue licence;

      4. (iv)

         a club licence that includes an extended trading authorisation;

      5. (v)

         a special circumstances licence that includes an extended trading authorisation;

      6. (vi)

         a licence of a class prescribed by regulation;

   2. (b)

      the premises defined in the casino licence, within the meaning of the Casino Act 1997, as the premises to which the licence relates;

   3. (c)

      premises subject to a licence prescribed by regulation;

   public entertainment means a dance, performance, exhibition or event that is calculated to attract and entertain members of the public, whether admission is open, procured by the payment of money or restricted to members of a club or a class of persons with some other qualification or characteristic.

6Amendment of section 53 – Analysis

1. (1)

   Section 53—after subsection (1) insert:

   1. (1a)

      An analysis under this section may include a determination as to the weight, amount or quantity of any substance (and such determination must comply with any requirements prescribed by regulation).

2. (2)

   Section 53(4)—delete "or a botanist"

7Amendment of section 61 – Evidentiary provisions

1. (1)

   Section 61(2)(a)—after "analysed" insert:

   or tending to identify the substance analysed as an analogue of another substance for the purposes of this Act

2. (2)

   Section 61(2)—after paragraph (a) insert:

   1. (ab)

      as to the weight, amount or quantity of the substance analysed; and

3. (3)

   Section 61(2a)(a)—after "analysed" insert:

   or tending to identify the substance analysed as an analogue of another substance for the purposes of this Act

4. (4)

   Section 61(2a)—after paragraph (a) insert:

   1. (ab)

      as to the weight, amount or quantity of the substance analysed; and