Drugs of Dependence (Amendment) Act (No 2) 1993 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Drugs of Dependence (Amendment) Act (No. 2) 1993

No. 10 of 1993

An Act to amend the Drugs of Dependence Act 1989

[Notified in ACT Gazette S23:  1 March 1993]

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

Short title

1.  This Act may be cited as the Drugs of Dependence (Amendment) Act (No. 2) 1993.

Commencement

2.  (1)  Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.

(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.

(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.

Principal Act

3.  In this Act, “Principal Act” means the Drugs of Dependence Act 1989.1

Interpretation

4.  Section 3 of the Principal Act is amended—

(a)by omitting from subsection (1) the definitions of “drug of dependence” and “prohibited substance” and substituting the following definitions respectively:

“ ‘drug of dependence’ means a substance specified in Column 1 of Schedule 1 to the Drugs of Dependence Regulations;

‘prohibited substance’ means a substance specified in Column 1 of Schedule 2 to the Drugs of Dependence Regulations, or a drug analogue;”; and

(b)by omitting from subsection (3) “, except in Schedule 1, 2 or 3,”.

Interpretation

5.  Section 4 of the Principal Act is amended by omitting the definition of “drug of dependence” and substituting the following definition:

“ ‘drug of dependence’ means a prescribed substance;”.

Interpretation

6.  Section 160 of the Principal Act is amended by omitting from subsection (1) the definitions of “commercial quantity” and “traffickable quantity” and substituting the following definitions respectively:

“ ‘commercial quantity’, in relation to a drug of dependence or a prohibited substance, means a quantity not less than the prescribed quantity;

‘traffickable quantity’, in relation to a drug of dependence or a prohibited substance, means a quantity not less than the prescribed quantity.”.

Insertion

7.  After section 173 of the Principal Act the following section is inserted in Part X:

Evidentiary certificate

“173A.  (1)  In proceedings for an offence against this Part, a certificate signed by a drug inspector stating that at a specified time a specified substance was included in Schedule 1 to the regulations is evidence of the matters stated.

“(2)  For the purposes of subsection (1), a certificate that purports to be signed by a drug inspector shall, unless the contrary is proved, be taken to have been so signed.”.

Schedules 1, 2 and 3

8.  Schedules 1, 2 and 3 to the Principal Act are repealed.

NOTE

1. Ordinance No. 11, 1989, as amended to date.  For previous amendments see Note 1 to Act No. 7, 1993 and see also Act No. 7, 1993.

[Presentation speech made in Assembly on 17 December 1992]

©  Australian Capital Territory 1993