South Australian Numbered Acts

CONTROLLED SUBSTANCES (SERIOUS DRUG OFFENCES) AMENDMENT ACT 2005 (NO 80 OF 2005) - SCHEDULE 1

Schedule 1—Related amendments and transitional provisions

Part 1—Amendment of Correctional Services Act 1982

1—Amendment of section 4—Interpretation

Section 4(1), definition of drug —delete the definition and substitute:

drug means—

            (a)         alcohol; or

            (b)         a substance that is a prescription drug or a controlled drug under the Controlled Substances Act 1984 ;

Part 2—Amendment of Criminal Assets Confiscation Act 2005

2—Amendment of section 3—Interpretation

        (1)         Section 3, definition of drug —delete "drug of dependence or a prohibited substance" and substitute:

controlled drug

        (2)         Section 3, definition of serious drug offence —delete the definition

        (3)         Section 3, definition of serious offence , (b)—delete paragraph (b) and substitute:

            (b)         an offence of a kind that is required to be prosecuted, and dealt with by the Magistrates Court, as a summary offence under a provision of Part 5 Division 2 of the Controlled Substances Act 1984 ; or

Part 3—Amendment of Criminal Law Consolidation Act 1935

3—Amendment of section 138A—Dealing in instruments of crime

        (1)         Section 138A(3), definition of crime , (b)(i)—delete subparagraph (i) and substitute:

                  (i)         an offence of a kind that is required to be prosecuted, and dealt with by the Magistrates Court, as a summary offence under a provision of Part 5 Division 2 of the Controlled Substances Act 1984 ; or

        (2)         Section 138A(3), definition of serious drug offence —delete the definition

Part 4—Amendment of Criminal Law (Sentencing) Act 1988

4—Amendment of section 20A—Interpretation

Section 20A(1), definition of serious drug offence —delete the definition and substitute:

serious drug offence means—

            (a)         an offence against Part 5 Division 2 or 3 of the Controlled Substances Act 1984 ; or

            (b)         a conspiracy to commit, or an attempt to commit, such an offence;

Part 5—Amendment of Listening and Surveillance Devices Act 1972

5—Amendment of section 3—Interpretation

Section 3, definition of serious offence , (c)—delete "10 years" and substitute:

7 years

Part 6—Transitional provision

6—Transitional provision

An amendment to the principal Act effected by a provision of this Act only applies in relation to an offence if the offence is committed on or after the commencement of the provision.