Australian Capital Territory
Crimes (Food or Drink Spiking) Amendment Act 2017
A2017-31

An Act to amend the Crimes Act 1900

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Crimes (Food or Drink Spiking) Amendment Act 2017.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Crimes Act 1900.
4	Offences against Act—application of Criminal Code etc
Section 7A, note 1
before 1st dot point, insert
·	s 28AA (Food or drink spiking)
5	New section 28AA
before section 28A, insert
28AA	Food or drink spiking
	(1)	A person commits an offence if—
	(a)	the person—
	(i)	gives or causes another person to be given food or drink; or
	(ii)	causes another person to consume food or drink; and
	(b)	the food or drink contains an intoxicating substance; and
	(c)	the other person is not aware the food or drink contains the intoxicating substance; and
	(d)	the person intends a person to be harmed by the consumption of the food or drink.
Maximum penalty:  500 penalty units, imprisonment for 5 years or both.
	(2)	A person commits an offence if—
	(a)	the person—
	(i)	gives or causes another person to be given food or drink; or
	(ii)	causes another person to consume food or drink; and
	(b)	the food or drink contains more of an intoxicating substance than the other person would reasonably expect it to contain; and
	(c)	the person intends a person to be harmed by the consumption of the food or drink.
Maximum penalty:  500 penalty units, imprisonment for 5 years or both.
	(3)	It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant is a health practitioner and the intoxicating substance was given to the other person in the course of practising a health profession.
Note	The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
	(4)	In this section:
give, food or drink, includes—
	(a)	prepare food or drink; or 
	(b)	make food or drink available for consumption.
harm, to a person, includes impairment of the senses or understanding that the person might reasonably be expected to object to in the circumstances.
impair includes further impair.
intoxicating substance includes any substance that affects a person’s senses or understanding.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 24 August 2017.
2	Notification
	Notified under the Legislation Act on 28 September 2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Crimes (Food or Drink Spiking) Amendment Bill 2017, which was passed by the Legislative Assembly on 19 September 2017. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2017