Controlled Substances (Pure Amounts) Amendment Bill 2022 (SA)

South Australia Controlled Substances (Pure Amounts) Amendment Bill 2022 A Bill For An Act to amend the Controlled Substances Act 1984.

Contents Part 1—Preliminary 1 Short title Part 2—Amendment of Controlled Substances Act 1984 2 Amendment of section 4—Interpretation 3 Amendment of section 33LB—Possession or supply of prescribed quantity of controlled precursor 4 Amendment of section 33OA—Basis for determining quantity of controlled substance Schedule 1—Transitional provision 1 Amendments apply retrospectively

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Controlled Substances (Pure Amounts) Amendment Act 2022.

Part 2—Amendment of Controlled Substances Act 1984 2—Amendment of section 4—Interpretation (1) Section 4(1), definition of commercial quantity, (b)—delete paragraph (b) and substitute: (b) in relation to a controlled drug or controlled precursor that is not contained in a mixture— (i) if the regulations prescribe an amount as a commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount so prescribed; or (ii) if the regulations do not prescribe an amount as a commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount prescribed as a commercial quantity for any mixture containing the drug or precursor; or (2) Section 4(1), definition of large commercial quantity, (b)—delete paragraph (b) and substitute: (b) in relation to a controlled drug or controlled precursor that is not contained in a mixture— (i) if the regulations prescribe an amount as a large commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount so prescribed; or (ii) if the regulations do not prescribe an amount as a large commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount prescribed as a large commercial quantity for any mixture containing the drug or precursor; or (3) Section 4(1)—before the definition of nurse insert: mixture—see section 33OA(3); (4) Section 4(1), definition of trafficable quantity, (b)—delete paragraph (b) and substitute: (b) in relation to a controlled drug that is not contained in a mixture— (i) if the regulations prescribe an amount as a trafficable quantity for the drug in its pure form—a quantity of the drug that equals or exceeds the amount so prescribed; or (ii) if the regulations do not prescribe an amount as a trafficable quantity for the drug in its pure form—a quantity of the drug that equals or exceeds the amount prescribed as a trafficable quantity for any mixture containing the drug; or 3—Amendment of section 33LB—Possession or supply of prescribed quantity of controlled precursor Section 33LB(5), definition of prescribed quantity, (b)—delete paragraph (b) and substitute: (b) in relation to a controlled precursor that is not contained in a mixture— (i) if the regulations prescribe an amount for the purposes of this section for the precursor in its pure form—a quantity of the precursor that equals or exceeds the amount so prescribed; or (ii) if the regulations do not prescribe an amount for the purposes of this section for the precursor in its pure form—a quantity of the precursor that equals or exceeds the amount prescribed for the purposes of this section for any mixture containing the precursor. 4—Amendment of section 33OA—Basis for determining quantity of controlled substance Section 33OA—after subsection (2) insert: (3) For the purposes of the definition of trafficable quantity, commercial quantity or large commercial quantity in section 4(1) or the definition of prescribed quantity in section 33LB, a controlled drug or controlled precursor will be taken to be contained in a mixture unless it is proved, beyond a reasonable doubt, that the drug or precursor was not contained in a mixture or was in its pure form.