Western Australia

Misuse of Drugs Amendment Act (No. 2) 2010

Western Australia

Misuse of Drugs Amendment Act (No. 2) 2010

CONTENTS

Part 1 — Preliminary

1.Short title2

2.Commencement2

Part 2 — Misuse of Drugs Act 1981 amended

3.Act amended3

4.Section 19B inserted3

19B.Selling ice pipes3

Part 3 — Working with Children (Criminal Record Checking) Act 2004 amended

5.Act amended5

6.Schedule 2 amended5

Western Australia

Misuse of Drugs Amendment Act (No. 2) 2010

No. 50 of 2010

An Act to amend the Misuse of Drugs Act 1981 and to make a consequential amendment to the Working with Children (Criminal Record Checking) Act 2004.

[Assented to 24 November 2010]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1.Short title

This is the Misuse of Drugs Amendment Act (No. 2) 2010.

2.Commencement

This Act comes into operation as follows —

(a)Part 1 — on the day on which this Act receives the Royal Assent;

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

Part 2 — Misuse of Drugs Act 1981 amended

3.Act amended

This Part amends the Misuse of Drugs Act 1981.

4.Section 19B inserted

Before section 19 insert:

19B.Selling ice pipes

(1)In this section —

child means a person who is under 18 years of age;

ice pipe means —

(a)a device capable of being used for the administration of a prohibited drug by means of the inhaling of the smoke or fumes resulting from the heating or burning of the drug in a crystal, powder, oil or base form; or

(b)a device that is apparently intended to be such a device but is not capable of being so used because it needs an adjustment, modification or addition,

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

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

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

(3)A person —

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

(b)who displays an ice pipe, or authorises or allows an ice pipe to be displayed, for sale in a shop or other retail outlet,

commits a simple offence.

Penalty: a fine of $10 000.

Part 3 — Working with Children (Criminal Record Checking) Act 2004 amended

5.Act amended

This Part amends the Working with Children (Criminal Record Checking) Act 2004.

6.Schedule 2 amended

In Schedule 2 before the heading “Prostitution Act 2000” insert:

Misuse of Drugs Act 1981
s. 19B(2)	Selling, or offering to sell, ice pipe to child