SUMMARY OFFENCES AMENDMENT BILL (NO. 2) 2004

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This is a Bill, not an Act. For current law, see the Acts databases.

SUMMARY OFFENCES AMENDMENT BILL (NO. 2) 2004

Summary Offences Amendment Bill (No. 2) 2004
Ms Carney

A BILL
for
AN ACT

to amend the Summary Offences Act

NORTHERN TERRITORY OF AUSTRALIA

SUMMARY OFFENCES AMENDMENT ACT (NO. 2) 2004

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No. of 2004
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TABLE OF PROVISIONS

Section

1. Short title
2. Commencement
3. New Part II

part ii – OFFENCES RELATING TO RESTRICTED SUBSTANCES

6. Interpretation
7. Declaration of restricted substance
8. Administration of restricted substance
9. Permitting another to administer restricted substance
10. Sale or supply of restricted substances
11. Powers of members of Police Force

NORTHERN TERRITORY OF AUSTRALIA
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No. of 2004
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AN ACT

to amend the Summary Offences Act

[Assented to 2004]
[Second reading 2004]

The Legislative Assembly of the Northern Territory enacts as follows:

1. Short title
This Act may be cited as the Summary Offences Amendment Act (No. 2) 2004.

2. Commencement
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3. New Part II
The Summary Offences Act is amended by inserting after section 5 the following:

"part ii – OFFENCES RELATING TO RESTRICTED SUBSTANCES

"6. Interpretation

"(1) In this Part –

'restricted substance' means petroleum, glue, paint, plastic solvent or any other substance declared under section 7 to be a restricted substance.

"(2) In this Part, a reference to the use or administration of a restricted substance includes a reference to the ingestion or inhalation of a restricted substance and any other means of introducing a restricted substance into any part of the body of a person.

"7. Declaration of restricted substance

"The Minister may, by notice in the Gazette, declare a substance to be a restricted substance.

"8. Administration of restricted substance

"(1) A person who administers a restricted substance to himself or herself is guilty of an offence.

Penalty: $2 000 or imprisonment for 2 years.

"(2) A person who administers a restricted substance to another person is guilty of an offence.

Penalty: $2 000 or imprisonment for 2 years.

"9. Permitting another to administer restricted substance

"A person ('the first person') who allows another person to administer a restricted substance to the first person is guilty of an offence.

Penalty: $2 000 or imprisonment for 2 years.

"10. Sale or supply of restricted substances

"A person is guilty of an offence if the person sells or supplies a restricted substance to another person and knows or ought to know that the other person intends –

(a) to use the restricted substance by administering it to himself or herself or to a third person; or

(b) to sell or supply the restricted substance to a third person for use by the third person to administer it to himself or herself or to a fourth person.

Penalty: $2 000 or imprisonment for 2 years.

"11. Powers of members of Police Force

"(1) If a member has reason to believe that a person has committed an offence against section 8(1) or (2) or 9, the member may, in accordance with this section, seize any opened or unopened container in the possession of that person.

"(2) The member must not seize an unopened container unless the member has reason to believe the container is a source of the restricted substance the person has been using or administering.

"(3) If the member seizes an opened container, the member must immediately empty or destroy the container unless the member believes that doing so may provoke or incite a disturbance or disorderly behaviour.

"(4) If the member seizes an unopened container, or has the belief referred to in subsection (3) after seizing an opened container, the member must ensure the container is taken to the police station to which the member is attached, where the container or restricted substance must be emptied or destroyed.

"(5) For this section, an opened or unopened container is taken to be in the possession of the person the member believes to have committed the offence against section 8(1) or (2) or 9 –

(a) if the container is in the immediate vicinity, or in the possession of any other person in the immediate vicinity, of the person; and

(b) whether or not the container is owned by or under the control of the person.

"(6) If a container or restricted substance is destroyed under this section, any interest in the container or substance is, by virtue of the destruction, converted into an interest in the money equivalent to the value of the container or substance.

"(7) This section applies whether or not the member makes a complaint in respect of the offence referred to in subsection (1).".

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