Controlled Substances (Possession of Prescribed Equipment) Amendment Act 2007 (SA)

South Australia

Controlled Substances (Possession of Prescribed Equipment) Amendment Act 2007

An Act to amend the Controlled Substances Act 1984.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Controlled Substances (Possession of Prescribed Equipment) Amendment Act 2007.

2—Commencement

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

3—Amendment provisions

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—Insertion of section 33LA

After section 33L insert:

33LA—Possession of prescribed equipment

1. (1)

   A person who, without reasonable excuse (proof of which lies on the person), has possession of any prescribed equipment is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 2 years, or both.

1. (2)

   In this section—

prescribed equipment means—

1. (a)

   a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant; or

2. (b)

   equipment of a kind prescribed by regulation.

5—Amendment of section 63—Regulations

Section 63(2)— after "this Act" insert:

(other than a regulation proposed to be made under section 33LA)