South Australian Numbered Acts South Australian Numbered Acts4—Insertion of Part 3 Division 7C
After section 32B insert:
Division 7C—Food and beverage spiking
32C—Spiking of food or beverages
(1) A person is guilty
of an offence if the person adds a substance, or causes a substance to be
added, to any food or beverage intending to cause, or being recklessly
indifferent as to causing, impairment of the consciousness or bodily function
of another who will or might consume the food or beverage without knowledge of
the presence of the substance (whether at all or in the quantity added).
Maximum penalty: Imprisonment for 3 years.
(2) A person is guilty
of an offence if, between the hours of 9 pm on any day and 5 am on
the following day, the person enters or remains in licensed premises while in
possession of a prescription drug or controlled drug that—
(a) is
such as to be capable of producing a state of intoxication in a person who
consumes the drug; and
(b) is
not contained in packaging on which is affixed a prescribed label indicating
that the drug was lawfully prescribed for or supplied to the person.
Maximum penalty: Imprisonment for 30 months.
(3) It is a defence to
a charge of an offence against subsection (2) to prove that the
prescription drug or controlled drug was lawfully prescribed for or supplied
to the person or that the person had some other lawful reason for being in
possession of the prescription drug or controlled drug.
(4) In this
section—
"controlled drug" has the same meaning as in the Controlled Substances
Act 1984 ;
"food or beverage" includes any solid or liquid substance prepared or intended
for human consumption;
"licensed premises" means—
(a)
licensed premises within the meaning of the Liquor Licensing Act 1997 ,
other than premises in respect of which only a restaurant licence or
residential licence is in force; and
(b) the
premises defined in the casino licence, within the meaning of the
Casino Act 1997 , as the premises to which the licence relates;
"prescribed label" means a label required by law to be affixed to a
prescription drug or controlled drug and specifying—
(a) the
name (or business name) of the person by whom the drug is sold or supplied;
and
(b) the
name of the person for whose use the drug is sold or supplied; and
(c) the
trade name or the approved name of the drug or, if it does not have either a
trade or approved name, its ingredients;
"prescription drug" has the same meaning as in the
Controlled Substances Act 1984 .