Misuse of Drugs Amendment (Methylamphetamine Offences) Act 2017 (WA)

Western Australia

Misuse of Drugs Amendment (Methylamphetamine Offences) Act 2017

Western Australia

Misuse of Drugs Amendment (Methylamphetamine Offences) Act 2017 Contents

Western Australia

Misuse of Drugs Amendment (Methylamphetamine Offences) Act 2017

No. 3 of 2017

An Act to amend the Misuse of Drugs Act 1981 and the District Court of Western Australia Act 1969.

[Assented to 21 August 2017]

The Parliament of Western Australia enacts as follows:

Part 1 – Preliminary1.Short title

This is the Misuse of Drugs Amendment (Methylamphetamine Offences) Act 2017.

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 28th day after the day on which this Act receives the Royal Assent.

Part 2 – Misuse of Drugs Act 1981 amended3.Act amended

This Part amends the Misuse of Drugs Act 1981.

4.Section 3 amended

In section 3(1) insert in alphabetical order:

methylamphetamine means the prohibited drug referred to in Schedule VII item 8;

5.Section 32A amended

• (1)

  In section 32A(3) in the definition of external serious drug offence delete “7(1), 33(1)(a) or 33(2)(a); or” and insert:

   

7(1) or 33(1)(a) or, under section 33(2), conspiring to commit a crime under section 6(1) or 7(1); or

• (2)

  In section 32A(3) in the definition of serious drug offence delete “7(1), 33(1)(a) or 33(2)(a).” and insert:

   

7(1) or 33(1)(a) or, under section 33(2), conspiring to commit a crime under section 6(1) or 7(1).

6.Section 33 amended

• (1)

  In section 33(1) after “an offence” insert:

   

under this Act

• (2)

  Delete section 33(2) and insert:

   
• (2)

  A person who conspires with another to commit an offence under this Act (the principal offence) commits — 

  • (a)

    if the principal offence is a crime under section 6(1) that does not involve methylamphetamine, the crime, but is liable on conviction to the penalty referred to in section 34(1)(b); or

  • (b)

    if the principal offence is a crime under section 7(1), the crime, but is liable on conviction to the penalty referred to in section 34(1)(ba); or

  • (c)

    if the principal offence is a simple offence or a crime other than a crime referred to in paragraph (a) or (b), the simple offence or the crime, as the case requires, and is liable on conviction to the same penalty to which a person who commits the principal offence is liable.

     
• (3)

  In section 33(3):

  • (a)

    after “an offence” insert:

     

  under this Act

   
  • (b)

    in paragraph (c) delete “fine; and” and insert:

     

  fine to which a person who commits the principal offence is liable; and

   
  • (c)

    delete paragraph (d) and the passage that begins “to which” and continues to the end of the subsection and insert:

     
  • (d)

    to imprisonment for a term not exceeding —

    • (i)

      14 years, in a case where the person who commits the principal offence is liable to imprisonment for life; and

    • (ii)

      half of the term to which a person who commits the principal offence is liable, in any other case.

       
    7.Section 34 amended
• (1)

  Before section 34(1) insert:

   
• (1A)

  In this section —

trafficable quantity of methylamphetamine means a quantity of methylamphetamine not less than that specified in Schedule VII item 8.

• (2)

  Delete section 34(1)(a) and (b) and insert:

   
  • (a)

    a crime under section 6(1) that involves a trafficable quantity of methylamphetamine is liable to imprisonment for life; or

  • (aa)

    any other crime under section 6(1) is liable to a fine not exceeding $100 000 or to imprisonment for a term not exceeding 25 years or both; or

  • (ab)

    a crime under section 7(1) is liable to a fine not exceeding $100 000 or to imprisonment for a term not exceeding 25 years or both; or

  • (b)

    conspiring with another to commit a crime under section 6(1) that does not involve methylamphetamine is liable to a fine not exceeding $75 000 or to imprisonment for a term not exceeding 20 years or both; or

  • (ba)

    conspiring with another to commit a crime under section 7(1) is liable to a fine not exceeding $75 000 or to imprisonment for a term not exceeding 20 years or both; or

• (3)

  In section 34(2) and (3) delete “referred to in subsection (1)(a)” and insert:

   

under section 6(1) or 7(1)

Part 3 – District Court of Western Australia Act 1969 amended8.Act amended

This Part amends the District Court of Western Australia Act 1969.

9.Section 42 amended

In section 42(2) delete “life.” and insert:

life, unless the offence is —

• (a)

  a crime under the Misuse of Drugs Act 1981 section 6(1) that involves a trafficable quantity of methylamphetamine as defined in section 34(1A) of that Act (a serious methylamphetamine crime); or

• (b)

  an attempt to commit a serious methylamphetamine crime under the Misuse of Drugs Act 1981 section 33(1)(a); or

• (c)

  conspiring to commit a serious methylamphetamine crime under the Misuse of Drugs Act 1981 section 33(2)(c).