2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Richard Mulcahy)
Criminal Code (Drug Equipment) Amendment Bill 2008

A Bill for
An Act to amend the Criminal Code 2002

    

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

1	Name of Act
This Act is the Criminal Code (Drug Equipment) Amendment Act 2008.
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 Criminal Code 2002.
4	New part 6.4A
insert
Part 6.4A	Sale of drug equipment
621A	Definitions—pt 6.4A
In this part:
cocaine kit means 2 or more cocaine kit items packaged together for the purpose, or for the apparent purpose, of using the items to prepare cocaine or introduce cocaine into a persons body.
cocaine kit item  means any of the following:
	(a)	a glass bottle;
	(b)	a mirror;
	(c)	a razor blade;
	(d)	a scoop;
	(e)	a tube;
	(f)	any other item that can be used with an item mentioned in paragraphs (a) to (e) to prepare cocaine or introduce cocaine into a persons body.
drug equipment means—
	(a)	a cocaine kit; or
	(b)	a drug pipe; or
	(c)	a water pipe.
drug pipe—
	(a)	means a device, or components that together make a device, or with an adjustment or modification make a device, for the purpose or apparent purpose of smoking cannabis, cannabis resin or methamphetamine crystals; and
	(b)	includes a device commonly known as—
	(i)	a hash pipe; or
	(ii)	an ice pipe.
water pipe—
	(a)	means a device, or components that together make a device, or with an adjustment or modification make a device, for the purpose or apparent purpose of drawing smoke fumes through water or another liquid; and
	(b)	includes a device commonly known as—
	(i)	a bong; or 
	(ii)		a ghalyan; or
	(iii)		a hookah; or
	(iv)	a narghile; or
	(v)	a shisha. 
621B	Selling drug equipment
A person commits an offence if the person sells or supplies drug equipment.
Maximum penalty:  100 penalty units, imprisonment for 2 years or both.
5	New section 625A
insert
625A	Selling drug equipment to a child
	(1)	A person commits an offence if the person sells or supplies drug equipment to a child.
Maximum penalty:  200 penalty units, imprisonment for 2 years or both.
	(2)	It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant—
	(a)	considered whether the person to whom the drug equipment was sold or supplied was a child; and
	(b)	had no reasonable grounds for believing that the person was a child.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2008.
2	Notification
	Notified under the Legislation Act on	2008.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2008