South Australian Current Acts South Australian Current Acts6A—Meaning of prescribed drug offender
(1) For the
purposes of this Act, a person is a "prescribed drug offender" if the person
is convicted of a serious drug offence (the "conviction offence ) committed
after the commencement of this section and—
(a) the
conviction offence is a commercial drug offence; or
(b) the
person has at least 2 other convictions for prescribed drug offences and
those offences and the conviction offence were all committed on separate
occasions within a period of 10 years, not including any period during
which the person was in government custody.
(2) A conviction may
be taken into account for the purposes of subsection (1)(b)—
(a)
whether the offence to which the conviction relates was committed before or
after the commencement of this section; and
(b)
whether or not the offence to which the conviction relates has previously been
taken into account for the purposes of any proceeding under this Act.
(3) In this
section—
"commercial drug offence" means—
(a) an
offence against section 32(1) or (2), section 33(1)
or (2), section 33A(1) or (2), section 33B(1) or (2)
or section 33C(1) or (2) of the Controlled Substances Act 1984
; or
(b) an
offence against Part 5 Division 3 of the Controlled Substances
Act 1984 involving a commercial quantity or large commercial quantity of
a controlled drug;
"detainee" means a person who—
(a) is
detained in a training centre within the meaning of the Young Offenders
Act 1993 ; or
(b) is
detained as a result of being declared liable to supervision under
Part 8A of the Criminal Law Consolidation Act 1935 ;
"external serious drug offence" means an offence against a law or former law
of the Commonwealth, of another State or of a Territory of a kind prescribed
by regulation;
"government custody" means—
(a)
custody as a prisoner or detainee; or
(ab)
custody under a home detention order under Part 3 Division 7
Subdivision 1 of the Sentencing Act 2017 ; or
(b)
custody under a law of another jurisdiction in the nature of custody referred
to in paragraph (a) or (ab);
"prescribed drug offence" means—
(a) a
serious drug offence; or
(b) an
offence against a former law of the State of a kind prescribed by regulation;
or
(c) an
external serious drug offence;
"serious drug offence" means an offence against Part 5 Division 2
or 3 of the Controlled Substances Act 1984 that is an
indictable offence.