Statutes Amendment (Drug Offences) Act 2018 (SA)

South Australia

Statutes Amendment (Drug Offences) Act 2018

An Act to amend the Controlled Substances Act 1984 and the Sentencing Act 2017.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (Drug Offences) Act 2018.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Controlled Substances Act 19844Amendment of section 4 – Interpretation

Section 4—after subclause (7) insert:

1. (7a)

   For the purposes of this Act, in determining the maximum penalty for an offence against this Act, an offender is a serious drug offender if the offender has, within 10 years of the commission of the offence, been previously convicted of—

   1. (a)

      2 or more offences against Part 5 Division 2 (other than Subdivision 4) or Division 3, being offences arising out of separate incidents; or

   2. (b)

      3 or more offences against Part 5 (other than sections 33D, 33DA, 33I(2), 33K, 33L, 33LA, 33LAB or 33LB), being offences arising out of separate incidents.

5Amendment of section 32 – Trafficking

1. (1)

   Section 32(1), penalty provision—delete "$500 000" and substitute:

   $1 000 000

2. (2)

   Section 32(2), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$500 000 or imprisonment for life, or both; or

      2. (ii)

         in any other case—$200 000 or imprisonment for 25 years, or both;

   2. (b)

      for an aggravated offence—$500 000 or imprisonment for life, or both.

3. (3)

   Section 32(2a), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$200 000 or imprisonment for 25 years, or both; or

      2. (ii)

         in any other case—$75 000 or imprisonment for 15 years, or both;

   2. (b)

      for an aggravated offence—$200 000 or imprisonment for 25 years, or both.

4. (4)

   Section 32(3), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$75 000 or imprisonment for 15 years, or both; or

      2. (ii)

         in any other case—$50 000 or imprisonment for 10 years, or both;

   2. (b)

      for an aggravated offence—$75 000 or imprisonment for 15 years, or both.

6Amendment of section 33 – Manufacture of controlled drugs for sale

1. (1)

   Section 33(1), penalty provision—delete "$500 000" and substitute:

   $1 000 000

2. (2)

   Section 33(2), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$500 000 or imprisonment for life, or both; or

      2. (ii)

         in any other case—$200 000 or imprisonment for 25 years, or both;

   2. (b)

      for an aggravated offence—$500 000 or imprisonment for life, or both.

3. (3)

   Section 33(3), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$75 000 or imprisonment for 15 years, or both; or

      2. (ii)

         in any other case—$50 000 or imprisonment for 10 years, or both;

   2. (b)

      for an aggravated offence—$75 000 or imprisonment for 15 years, or both.

7Amendment of section 33A – Sale, manufacture etc of controlled precursor

1. (1)

   Section 33A(1), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$500 000 or imprisonment for life, or both; or

      2. (ii)

         in any other case—$200 000 or imprisonment for 25 years, or both;

   2. (b)

      for an aggravated offence—$500 000 or imprisonment for life, or both.

2. (2)

   Section 33A(2), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$200 000 or imprisonment for 25 years, or both; or

      2. (ii)

         in any other case—$75 000 or imprisonment for 15 years, or both;

   2. (b)

      for an aggravated offence—$200 000 or imprisonment for 25 years, or both.

3. (3)

   Section 33A(3), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$75 000 or imprisonment for 15 years, or both; or

      2. (ii)

         in any other case—$50 000 or imprisonment for 10 years, or both;

   2. (b)

      for an aggravated offence—$75 000 or imprisonment for 15 years, or both.

4. (4)

   Section 33A(4), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$75 000 or imprisonment for 15 years, or both; or

      2. (ii)

         in any other case—$50 000 or imprisonment for 10 years, or both;

   2. (b)

      for an aggravated offence—$75 000 or imprisonment for 15 years, or both.

5. (5)

   Section 33A(5), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$75 000 or imprisonment for 15 years, or both; or

      2. (ii)

         in any other case—$50 000 or imprisonment for 10 years, or both;

   2. (b)

      for an aggravated offence—$75 000 or imprisonment for 15 years, or both.

8Amendment of section 33B – Cultivation of controlled plants for sale

1. (1)

   Section 33B(1), penalty provision—delete "$500 000" and substitute:

   $1 000 000

2. (2)

   Section 33B(2), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$500 000 or imprisonment for life, or both; or

      2. (ii)

         in any other case—$200 000 or imprisonment for 25 years, or both;

   2. (b)

      for an aggravated offence—$500 000 or imprisonment for life, or both.

3. (3)

   Section 33B(3), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$75 000 or imprisonment for 15 years, or both; or

      2. (ii)

         in any other case—$50 000 or imprisonment for 10 years, or both;

   2. (b)

      for an aggravated offence—$75 000 or imprisonment for 15 years, or both.

9Amendment of section 33C – Sale of controlled plants

1. (1)

   Section 33C(1), penalty provision—delete "$500 000" and substitute:

   $1 000 000

2. (2)

   Section 33C(2), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$500 000 or imprisonment for life, or both; or

      2. (ii)

         in any other case—$200 000 or imprisonment for 25 years, or both;

   2. (b)

      for an aggravated offence—$500 000 or imprisonment for life, or both.

3. (3)

   Section 33C(3), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$75 000 or imprisonment for 15 years, or both; or

      2. (ii)

         in any other case—$50 000 or imprisonment for 10 years, or both;

   2. (b)

      for an aggravated offence—$75 000 or imprisonment for 15 years, or both.

10Amendment of section 33D – Sale of equipment

Section 33D, penalty provision—delete the penalty provision and substitute:

Maximum penalty:

1. (a)

   for a basic offence—

   1. (i)

      if the offender is a serious drug offender—$20 000 or imprisonment for 5 years, or both; or

   2. (ii)

      in any other case—$15 000 or imprisonment for 3 years, or both;

2. (b)

   for an aggravated offence—$20 000 or imprisonment for 5 years, or both.

11Amendment of section 33DA – Sale of instructions

Section 33DA(1), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

1. (a)

   for a basic offence—

   1. (i)

      if the offender is a serious drug offender—$20 000 or imprisonment for 5 years, or both; or

   2. (ii)

      in any other case—$15 000 or imprisonment for 3 years, or both;

2. (b)

   for an aggravated offence—$20 000 or imprisonment for 5 years, or both.

12Amendment of section 33GA – Sale of equipment to child for use in connection with consumption of controlled drugs

Section 33GA, penalty provision—delete the penalty provision and substitute:

Maximum penalty:

1. (a)

   for a basic offence—

   1. (i)

      if the offender is a serious drug offender—$30 000 or imprisonment for 7 years, or both; or

   2. (ii)

      in any other case—$20 000 or imprisonment for 5 years, or both;

2. (b)

   for an aggravated offence—$30 000 or imprisonment for 7 years, or both.

13Amendment of section 33GB – Sale of instructions to a child

Section 33GB(1), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

1. (a)

   for a basic offence—

   1. (i)

      if the offender is a serious drug offender—$30 000 or imprisonment for 7 years, or both; or

   2. (ii)

      in any other case—$20 000 or imprisonment for 5 years, or both;

2. (b)

   for an aggravated offence—$30 000 or imprisonment for 7 years, or both.

14Amendment of section 33I – Supply or administration of controlled drug

1. (1)

   Section 33I(1), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$75 000 or imprisonment for 15 years, or both; or

      2. (ii)

         in any other case—$50 000 or imprisonment for 10 years, or both;

   2. (b)

      for an aggravated offence—$75 000 or imprisonment for 15 years, or both.

2. (2)

   Section 33I(2), penalty provision—delete the penalty provision and substitute:

   Maximum penalty: $15 000 or imprisonment for 3 years, or both.

15Amendment of section 33J – Manufacture of controlled drugs

1. (1)

   Section 33J(1), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$75 000 or imprisonment for 15 years, or both; or

      2. (ii)

         in any other case—$30 000 or imprisonment for 7 years, or both;

   2. (b)

      for an aggravated offence—$75 000 or imprisonment for 15 years, or both.

2. (2)

   Section 33J(2), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$30 000 or imprisonment for 7 years, or both; or

      2. (ii)

         in any other case—$20 000 or imprisonment for 5 years, or both;

   2. (b)

      for an aggravated offence—$30 000 or imprisonment for 7 years, or both.

16Amendment of section 33K – Cultivation of controlled plants

1. (1)

   Section 33K(1), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$5 000 or imprisonment for 5 years, or both; or

      2. (ii)

         in any other case—$2 000 or imprisonment for 2 years, or both;

   2. (b)

      for an aggravated offence—$5 000 or imprisonment for 5 years, or both.

2. (2)

   Section 33K(2), penalty provision—delete the penalty provision and substitute:

   Maximum penalty: $2 000 or imprisonment for 2 years, or both.

17Amendment of section 33L – Possession or consumption of controlled drug etc

Section 33L(2), penalty provision—delete the penalty provision and substitute:

Maximum penalty: $2 000.

18Amendment of section 33LA – Possession or supply of prescribed equipment

Section 33LA, penalty provision—delete the penalty provision and substitute:

Maximum penalty:

1. (a)

   for a basic offence—

   1. (i)

      if the offender is a serious drug offender—$20 000 or imprisonment for 5 years, or both; or

   2. (ii)

      in any other case—$10 000 or imprisonment for 2 years, or both;

2. (b)

   for an aggravated offence—$20 000 or imprisonment for 5 years, or both.

19Amendment of section 33LAB – Possession or supply of instructions

Section 33LAB(1), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

1. (a)

   for a basic offence—

   1. (i)

      if the offender is a serious drug offender—$20 000 or imprisonment for 5 years, or both; or

   2. (ii)

      in any other case—$10 000 or imprisonment for 2 years, or both;

2. (b)

   for an aggravated offence—$20 000 or imprisonment for 5 years, or both.

20Amendment of section 33LB – Possession or supply of prescribed quantity of controlled precursor

1. (1)

   Section 33LB(1), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$20 000 or imprisonment for 5 years, or both; or

      2. (ii)

         in any other case—$15 000 or imprisonment for 3 years, or both;

   2. (b)

      for an aggravated offence—$20 000 or imprisonment for 5 years, or both.

2. (2)

   Section 33LB(2), penalty provision—delete the penalty provision and substitute:

   Maximum penalty:

   1. (a)

      for a basic offence—

      1. (i)

         if the offender is a serious drug offender—$30 000 or imprisonment for 7 years, or both; or

      2. (ii)

         in any other case—$20 000 or imprisonment for 5 years, or both;

   2. (b)

      for an aggravated offence—$30 000 or imprisonment for 7 years, or both.

21Amendment of section 33LD – Intentional manufacture of controlled drug alternative

Section 33LD, penalty provision—delete the penalty provision and substitute:

Maximum penalty:

1. (a)

   for a basic offence—

   1. (i)

      if the offender is a serious drug offender—$30 000 or imprisonment for 7 years, or both; or

   2. (ii)

      in any other case—$20 000 or imprisonment for 5 years, or both;

2. (b)

   for an aggravated offence—$30 000 or imprisonment for 7 years, or both.

22Amendment of section 33LE – Promoting controlled drug alternative

Section 33LE(1), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

1. (a)

   for a basic offence—

   1. (i)

      if the offender is a serious drug offender—$20 000 or imprisonment for 5 years, or both; or

   2. (ii)

      in any other case—$10 000 or imprisonment for 2 years, or both;

2. (b)

   for an aggravated offence—$20 000 or imprisonment for 5 years, or both.

23Amendment of section 33LF – Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative

Section 33LF(3), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

1. (a)

   for a basic offence—

   1. (i)

      if the offender is a serious drug offender—$30 000 or imprisonment for 7 years, or both; or

   2. (ii)

      in any other case—$20 000 or imprisonment for 5 years, or both;

2. (b)

   for an aggravated offence—$30 000 or imprisonment for 7 years, or both.

24Amendment of section 34 – Application of Division

Section 34(1)—after paragraph (b) insert:

or

1. (c)

   a person who is alleged to have committed a simple possession offence but who has, in the 4 years preceding the date of the alleged simple possession offence, been referred to a nominated assessment service under this Division on 2 or more occasions (with each referral being in respect of a separate alleged simple possession offence).

25Amendment of section 44 – Matters to be considered when court fixes penalty

Section 44(1)—after paragraph (d) insert:

1. (daa)

   in the case of an offence against section 33—whether a child was present at any stage when the offence occurred; and

Part 3Amendment of Sentencing Act 201726Amendment of section 71 – Home detention orders

Section 71(5), definition of serious and organised crime offence, (b)—after subparagraph (v) insert:

1. (vi)

   an offence under section 33F, 33G or 33H;

27Amendment of section 96 – Suspension of imprisonment on defendant entering into bond

Section 96(9), definition of serious and organised crime offence, (b)—after subparagraph (v) insert:

1. (vi)

   an offence under section 33F, 33G or 33H;