Misuse of Drugs Amendment Act (No. 2) 2010 (WA)

Western Australia

Misuse of Drugs Amendment Act (No. 2) 2010

Western Australia

Misuse of Drugs Amendment Act (No. 2) 2010

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — Misuse of Drugs Act 1981

amended

3.	Act amended	3
4.	Section 19B inserted	3

19B. Selling ice pipes 3

Part 3 — Working with Children (Criminal Record Checking) Act 2004 amended

5.	Act amended	5
6.	Schedule 2 amended	5

Western Australia

Misuse of Drugs Amendment Act (No. 2) 2010

No. 50 of 2010

An Act to amend the Misuse of Drugs Act 1981 and to make a

consequential amendment to the Working with Children (Criminal

Record Checking) Act 2004.

[Assented to 24 November 2010]

The Parliament of Western Australia enacts as follows:

Misuse of Drugs Amendment Act (No. 2) 2010

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1.             Short title

This is the Misuse of Drugs Amendment Act (No. 2) 2010.

2.             Commencement

This Act comes into operation as follows —

(a)	Part 1 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

Misuse of Drugs Amendment Act (No. 2) 2010

Misuse of Drugs Act 1981 amended Part 2

s. 3

Part 2 — Misuse of Drugs Act 1981 amended

3.             Act amended

This Part amends the Misuse of Drugs Act 1981.

4.             Section 19B inserted

Before section 19 insert:

19B. Selling ice pipes

(1)	In this section —
child means a person who is under 18 years of age;
ice pipe means —

(a)	a device capable of being used for the administration of a prohibited drug by means of the inhaling of the smoke or fumes resulting from the heating or burning of the drug in a crystal, powder, oil or base form; or
(b)	a device that is apparently intended to be such a device but is not capable of being so used because it needs an adjustment, modification or addition,

but does not include a device prescribed, or belonging

to a class prescribed, for the purposes of this definition.

(2)

A person who sells, or offers to sell, an ice pipe to a

child commits a simple offence.

Penalty: a fine of $24 000 or imprisonment for 2 years

or both.

(3) A person —

(a) who sells, or offers to sell, an ice pipe to a person other than a child; or

Misuse of Drugs Amendment Act (No. 2) 2010

Misuse of Drugs Act 1981 amended

s. 4

(b) who displays an ice pipe, or authorises or allows an ice pipe to be displayed, for sale in a shop or other retail outlet,

commits a simple offence.

Penalty: a fine of $10 000.

Misuse of Drugs Amendment Act (No. 2) 2010

Working with Children (Criminal Record Checking) Act 2004 Part 3

amended

s. 5

Part 3 — Working with Children (Criminal Record

Checking) Act 2004 amended

5.             Act amended

This Part amends the Working with Children (Criminal Record

Checking) Act 2004.

6.             Schedule 2 amended

In Schedule 2 before the heading “Prostitution Act 2000” insert:

Misuse of Drugs Act 1981

s. 19B(2)

Selling, or offering to sell, ice pipe to

child