Controlled Substances (Simple Possession Offences) Amendment Act 2015 (SA)

South Australia

Controlled Substances (Simple Possession Offences) Amendment Act 2015

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 (Simple Possession Offences) Amendment Act 2015.

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 19844Substitution of section 34

Section 34—delete the section and substitute:

34—Application of Division

1. (1)

   This Division does not apply in relation to—

   1. (a)

      a child who is alleged to have committed a simple possession offence; or

   2. (b)

      a person who is alleged to have committed a simple possession offence and is charged with a serious drug offence arising out of the same circumstances.

2. (2)

   In this section—

serious drug offence means an offence against Division 2 (other than Subdivision 4), Division 3, Division 4 (other than sections 33I(2), 33K or 33L) or Division 4A of this Part.

Schedule 1—Transitional provision

Nothing in this Act affects the application of Part 5 Division 6 of the Controlled Substances Act 1984 to a person referred to an assessment service under that Division before the commencement of this Act.