Crimes (Food or Drink Spiking) Amendment Act 2017 (ACT)

Crimes (Food or Drink Spiking) Amendment Act 2017

A2017-31

An Act to amend the Crimes Act 1900

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Crimes (Food or Drink Spiking) Amendment Act 2017.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Crimes Act 1900.

4. Offences against Act—application of Criminal Code etc
   Section 7A, note 1

   before 1st dot point, insert

   ·     s 28AA (Food or drink spiking)

5. New section 28AA

   before section 28A, insert

28AAFood or drink spiking

(1)A person commits an offence if—

(a)the person—

(i)gives or causes another person to be given food or drink; or

(ii)causes another person to consume food or drink; and

(b)the food or drink contains an intoxicating substance; and

(c)the other person is not aware the food or drink contains the intoxicating substance; and

(d)the person intends a person to be harmed by the consumption of the food or drink.

Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

(2)A person commits an offence if—

(a)the person—

(i)gives or causes another person to be given food or drink; or

(ii)causes another person to consume food or drink; and

(b)the food or drink contains more of an intoxicating substance than the other person would reasonably expect it to contain; and

(c)the person intends a person to be harmed by the consumption of the food or drink.

Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

(3)It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant is a health practitioner and the intoxicating substance was given to the other person in the course of practising a health profession.

NoteThe defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).

(4)In this section:

give, food or drink, includes—

(a)prepare food or drink; or

(b)make food or drink available for consumption.

harm, to a person, includes impairment of the senses or understanding that the person might reasonably be expected to object to in the circumstances.

impair includes further impair.

intoxicating substance includes any substance that affects a person’s senses or understanding.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 24 August 2017.

2. Notification

   Notified under the Legislation Act on 28 September 2017.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Crimes (Food or Drink Spiking) Amendment Bill 2017, which was passed by the Legislative Assembly on 19 September 2017.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2017