Misuse of Drugs Amendment Regulations (No. 4) 2011 (WA)

GOVERNMENT GAZETTE, WA 29 July 2011

POLICE

Regulations (No. 4) 2011.

P0301*

Misuse of Drugs Act 1981

Misuse of Drugs Amendment Regulations

(No. 4) 2011

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Misuse of Drugs Amendment

29 July 2011 GOVERNMENT GAZETTE, WA 3139

2.            Commencement

These regulations come into operation as follows -

(a)	regulations 1 and 2—on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - when the Cannabis Law Reform Act 2010 Part 3 comes into operation.

3.            Regulations amended

These regulations amend the Misuse of Drugs Regulations 1982.

4.           Regulation 5AA inserted

After regulation 4A insert:

5AA. Minor cannabis related offences -	forms
(1)	If a term is given a meaning in section 8B of the Act, it has the same meaning in this regulation.
(2)	For the purposes of section 8F of the Act, a cannabis intervention requirement is to be in the form of Form 16.
(3)	For the purposes of section 81 of the Act, a notice withdrawing a cannabis intervention requirement is to be in the form of Form 17.
(4)	For the purposes of section 8M of the Act, a certificate of completion of a cannabis intervention session is to be in the form of Form 18.

5.            Regulation 6A inserted

After regulation 5E insert: 

6A.	Cannabis smoking paraphernalia - shisha and hookah excluded
For the purposes of section 19A of the Act the following things are prescribed as classes of things excluded from the definition of cannabis smoking paraphernalia -

(a) shishas; (b) hookahs.

3140 GOVERNMENT GAZETTE, WA 29 July 2011

6.            Schedule 1 amended

After Schedule 1 Form 15 insert:

Forni M.D. 16

WESTERN AUSTRALIA

MISUSE OF DRUGS ACT 1981

MISUSE OF DRUGS REGULATIONS 1982

CANNABIS INTERVENTION REQUIREMENT

CIR No.

Date of Issue

Alleged offender

Surname

Given name/s

Number & street

Suburb / town	Poteode
Telephone (H) Telephone (M) Date of birth
MDL Number Gender

Alleged Offence
It is alleged that at the following place and time

Place (Address)

Postcode

Date ........../........../20.......
Time .....................a.m./p.m.

You committed the following minor cannabis related offence/s.

Misuse of Drugs Act 1981 Description of offence

U	s. 5(l)(d)(i)	Possession of a smoking utensil that has detectable traces of cannabis
U	s.6(2)	Possession or use of not more than 10 grams of cannabis* * not including any cannabis plant
under cultivation, cannabis resin or any other cannabis derivative

Issuing Officer
Station

Signature

Date / /

29 July 2011 GOVERNMENT GAZETTE, WA 3141

WHAT YOU MUST DO

You have a period of 28 days after this notice was given to you to complete a CANNABIS INTERVENTION SESSION (CIS) OR elect to be prosecuted for the alleged offence. If you do not complete the CIS, then you will be prosecuted for the alleged offence.

YOUR FAILURE TO COMPLETE THE CIS OR ELECT TO BE PROSECUTED WILL RESULT IN FURTHER ACTION AGAINST YOU.

CANNABIS INTERVENTION SESSION

The Cannabis Intervention Session (CIS) is a mandatory one-to-one therapeutic intervention with a trained alcohol and drug counsellor.

As part of the CIS you will be provided with information on -

• the adverse health and social consequences of cannabis use; and

• the laws relating to the use, possession and cultivation of cannabis; and

• effective strategies to address cannabis using behaviour.

The CIS takes approximately 60-90 minutes to complete.

You are required to complete the CIS within 28 days after this

Cannabis Intervention Requirement (CIR) was given to you.

What you need to do/know

Contact the Cannabis Intervention Session Booking Service on 1800 722 362 between 7.00 a.m. - 7.00 p.m., Monday to Sunday, to book a CIS with an approved treatment provider. The personal information provided during the booking process will be recorded and passed on to the approved treatment provider and stored on a health database.

When making your booking ensure you have a pen available to

write down the time, date and address of the CIS in the space
orovided below on this form.

You are strongly advised to phone the CIS Booking Service within 3 days from the date this CIR was given to you to ensure a booking

can be made for you within the 28 day permitted period

No reminders will be issued.

You need to bring to the CIS -

• Photographic identification

• This CIR.

You must arrive on time and complete the entire CIS.

CIS appointment details

Appointment Date

3142 GOVERNMENT GAZETTE, WA 29 July 2011

Address

Appointment Time

Electing to be prosecuted in a court

I elect to have the offence alleged in this CIR dealt with by a court.

Signature

Date

Address for service

Postcode

Post to: Drug Diversion Coordinator, Licensing Enforcement
Division, WA Police, Level 2, Cambridge House, 297 Hay Street,

Perth WA 6000

Form M.D. 17

WESTERN AUSTRALIA

MISUSE OF DRUGS ACT 1981

MISUSE OF DRUGS REGULATIONS 1982

WITHDRAWAL OF CANNABIS
INTERVENTION REQUIREMENT

The Cannabis Intervention Requirement (CIR) identified in this notice is withdrawn.

Details of Alleged Offender
Surname
Given Name/s

Address

Postcode

Cannabis Intervention Requirement
CIR No.
Date of Issue	/

The Cannabis Intervention Requirement (CIR) referred to above and given to you under the Misuse of Drugs Act 1981 section 8E has been withdrawn. The following action will now be taken in respect of the alleged offence -

U	a prosecution will be commenced
U	a juvenile caution will be given
U	a referral will be made to a juvenile justice team
U	no further action will be taken
0	the following action will be taken

29 July 2011 GOVERNMENT GAZETTE, WA 311:3,

urnorisea rerson issuing mis wimnurawai nonce

Surname Section	Reg.
Signature

Form M.D. 18

WESTERN AUSTRALIA

MISUSE OF DRUGS ACT 1981

MISUSE OF DRUGS REGULATIONS 1982

CERTIFICATE OF COMPLETION OF CANNABIS

INTERVENTION SESSION

Person who has attended and completed the CIS
Surname
Given Name/s

Address

Postcode

Signature of person who has completed the CIS

Date

Cannabis Intervention Requirement

Details of CIR that required the completion of the CIS

CIR No.

Date of Issue / /

About the Cannabis I ntervention Session

Date of completion	F71H	/
CIS treatment provider

Name

Agency
Signature

Date

By Command of the Governor,

N. HAGLEY, Clerk of the Executive Council.