Misuse of Drugs Amendment Bill 2010 Ice Pipes

8/3/2019 Misuse of Drugs Amendment Bill 2010 Ice Pipes

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1561 page i

Western Australia

Misuse of Drugs Amendment Bill (No. 2) 2010

CONTENTS

Part 1 Preliminary

1. Short title 22. Commencement 2

Part 2 Misuse of Drugs Act 1981

amended

3. Act amended 34. Section 19B inserted 3

19B. Selling ice pipes 3

Part 3 Working with Children

(Criminal Record Checking)

Act 2004amended

5. Act amended 5

6. Schedule 2 amended 5


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page 1

Western Australia

LEGISLATIVE ASSEMBLY


A Bill for

An Act to amend theMisuse of Drugs Act 1981 and to make a

consequential amendment to the Working with Children (Criminal

Record Checking) Act 2004.

The Parliament of Western Australia enacts as follows:


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Part 1 Preliminary

s. 1

page 2

Part 1 Preliminary1

1. Short title2

This is the Misuse of Drugs Amendment Act (No. 2) 2010.3

2. Commencement4

This Act comes into operation as follows 5

(a) Part 1 on the day on which this Act receives the6Royal Assent;7

(b) the rest of the Act on the day after that day.8


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Misuse of Drugs Act 1981 amended Part 2

s. 3

page 3

Part 2 Misuse of Drugs Act 1981 amended1

3. Act amended2

This Part amends the Misuse of Drugs Act 1981.3

4. Section 19B inserted4

Before section 19 insert:56

19B. Selling ice pipes7

(1) In this section 8

childmeans a person who is under 18 years of age;9

ice pipe means 10

(a) a device capable of being used for the11administration of a prohibited drug by means of12the inhaling of the smoke or fumes resulting13from the heating or burning of the drug in a14crystal, powder, oil or base form; or15

(b) a device that is apparently intended to be such a16device but is not capable of being so used17

because it needs an adjustment, modification or18addition,19

but does not include a device prescribed, or belonging20to a class prescribed, for the purposes of this definition.21

(2) A person who sells, or offers to sell, an ice pipe to a22child commits a simple offence.23

Penalty: a fine of $24 000 or imprisonment for 2 years24or both.25

(3) A person 26

(a) who sells, or offers to sell, an ice pipe to a27 person other than a child; or28


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Part 2 Misuse of Drugs Act 1981 amended

s. 4

page 4

(b) who displays an ice pipe, or authorises or1allows an ice pipe to be displayed, for sale in a2shop or other retail outlet,3

commits a simple offence.4

Penalty: a fine of $10 000.56


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Working with Children (Criminal Record Checking) Act 2004amended

Part 3

s. 5

page 5

Part 3 Working with Children (Criminal Record1

Checking) Act 2004amended2

5. Act amended3

This Part amends the Working with Children (Criminal Record4Checking) Act 2004.5

6. Schedule 2 amended6

In Schedule 2 before the heading Prostitution Act 2000 insert:78

Misuse of Drugs Act 1981

s. 19B(2) Selling, or offering to sell, ice pipe tochild

9

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Misuse of Drugs Amendment Bill 2010 Ice Pipes