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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Drugs, Poisons and Controlled Substances
Amendment (Prohibition of Display and Sale of
Cannabis Water Pipes) Bill 2011
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 New Part VC inserted 2
PART VC--CANNABIS WATER PIPES AND HOOKAHS 2
Division 1--Display, sale and supply 2
80T Definitions 2
80U Offence to display cannabis water pipe, bong
component or bong kit in retail outlet 4
80V Offence to sell cannabis water pipe, bong component
or bong kit 4
80W Offence to supply cannabis water pipe, bong
component or bong kit in course of carrying out
commercial activity 5
80X Display for sale of hookahs in retail outlet 6
Division 2--Enforcement 6
80Y Power to issue infringement notices 6
80Z Infringement penalty 7
80ZA Seizure of cannabis water pipes, bong components or
bong kits 7
80ZB Retention and return of seized items 7
80ZC Magistrates' Court may extend 3 month period 8
80ZD Forfeiture and destruction of seized items 9
80ZE Court may order forfeiture to the Crown 10
5 General regulations 10
6 Repeal of amending Act 10
ENDNOTES 11
571073B.I-30/8/2011 i BILL LA INTRODUCTION 30/8/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Drugs, Poisons and Controlled
Substances Amendment (Prohibition of
Display and Sale of Cannabis Water
Pipes) Bill 2011
A Bill for an Act to amend the Drugs, Poisons and Controlled
Substances Act 1981 to provide for the prohibition of display, sale
and supply of cannabis water pipes and components and the restriction
of display for sale of hookahs and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Drugs,
Poisons and Controlled Substances Act 1981 to
provide for--
5 (a) the prohibition of display, sale and supply of
cannabis water pipes and components; and
(b) the restriction of display for sale of hookahs.
571073B.I-30/8/2011 1 BILL LA INTRODUCTION 30/8/2011
Drugs, Poisons and Controlled Substances Amendment (Prohibition of
Display and Sale of Cannabis Water Pipes) Bill 2011
s. 2
2 Commencement
This Act comes into operation on 1 January 2012.
3 Principal Act
See: In this Act, the Drugs, Poisons and Controlled
Act No.
5 9719. Substances Act 1981 is called the Principal Act.
Reprint No. 9
as at
1 July 2010
and
amending
Act Nos
39/2010,
43/2010 and
64/2010.
LawToday:
www.
legislation.
vic.gov.au
4 New Part VC inserted
After Part VB of the Principal Act insert--
"PART VC--CANNABIS WATER PIPES AND
HOOKAHS
10 Division 1--Display, sale and supply
80T Definitions
In this Part--
bong component means an item for use or
that is intended for use as part of a
15 cannabis water pipe;
bong kit means a kit containing more than
one item, one or more of which is a
bong component, from which a
cannabis water pipe may be
20 constructed;
571073B.I-30/8/2011 2 BILL LA INTRODUCTION 30/8/2011
Drugs, Poisons and Controlled Substances Amendment (Prohibition of
Display and Sale of Cannabis Water Pipes) Bill 2011
s. 4
cannabis water pipe means a device--
(a) capable of being used or intended
to be used for the purposes of
introducing into the body of a
5 person cannabis or other drugs of
dependence by the drawing of
smoke or fumes resulting from
heating or burning the cannabis or
other drug through water or
10 another liquid in the device,
commonly known as a "bong"; or
(b) that is intended to be used as a
device referred to in paragraph (a)
but is not capable of being so used
15 because it needs adjustment,
modification or addition--
but does not include a hookah;
hookah means a fully assembled device--
(a) used for smoking a substance
20 consisting of tobacco, molasses,
fruit, herbs or flavouring, whether
the substance contains all or any
combination of them, by the
drawing of smoke or fumes
25 resulting from heating or burning
the substance in the device
through water or another liquid in
the device; and
(b) that has one or more openings and
30 one or more flexible hoses, each
with a mouthpiece through which
the smoke or fumes are drawn;
retail outlet includes--
(a) a shop;
35 (b) a market.
571073B.I-30/8/2011 3 BILL LA INTRODUCTION 30/8/2011
Drugs, Poisons and Controlled Substances Amendment (Prohibition of
Display and Sale of Cannabis Water Pipes) Bill 2011
s. 4
80U Offence to display cannabis water pipe,
bong component or bong kit in retail
outlet
(1) A person must not display a cannabis water
5 pipe in a retail outlet.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
10 (2) A person must not display a bong component
in a retail outlet.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
15 300 penalty units.
(3) A person must not display a bong kit in a
retail outlet.
Penalty: In the case of a natural person,
60 penalty units;
20 In the case of a body corporate,
300 penalty units.
80V Offence to sell cannabis water pipe, bong
component or bong kit
(1) A person must not sell a cannabis water pipe.
25 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
571073B.I-30/8/2011 4 BILL LA INTRODUCTION 30/8/2011
Drugs, Poisons and Controlled Substances Amendment (Prohibition of
Display and Sale of Cannabis Water Pipes) Bill 2011
s. 4
(2) A person must not sell a bong component.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
5 300 penalty units.
(3) A person must not sell a bong kit.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
10 300 penalty units.
80W Offence to supply cannabis water pipe,
bong component or bong kit in course of
carrying out commercial activity
(1) A person must not supply a cannabis water
15 pipe in the course of carrying out a
commercial activity.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
20 300 penalty units.
(2) A person must not supply a bong component
in the course of carrying out a commercial
activity.
Penalty: In the case of a natural person,
25 60 penalty units;
In the case of a body corporate,
300 penalty units.
571073B.I-30/8/2011 5 BILL LA INTRODUCTION 30/8/2011
Drugs, Poisons and Controlled Substances Amendment (Prohibition of
Display and Sale of Cannabis Water Pipes) Bill 2011
s. 4
(3) A person must not supply a bong kit in the
course of carrying out a commercial activity.
Penalty: In the case of a natural person,
60 penalty units;
5 In the case of a body corporate,
300 penalty units.
80X Display for sale of hookahs in retail outlet
A person must not display for the purposes
of sale in a retail outlet--
10 (a) more than 3 hookahs; or
(b) if another number of hookahs is
prescribed for the purposes of this
section, more than the prescribed
number of hookahs.
15 Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
50 penalty units.
Division 2--Enforcement
20 80Y Power to issue infringement notices
(1) A member of the police force may serve an
infringement notice on a person who the
member of the police force has reason to
believe has committed an offence against
25 section 80U(1), (2) or (3), 80V(1), (2) or (3),
80W(1), (2) or (3) or 80X.
(2) An offence referred to in subsection (1) for
which an infringement notice may be served
is an infringement offence within the
30 meaning of the Infringements Act 2006.
571073B.I-30/8/2011 6 BILL LA INTRODUCTION 30/8/2011
Drugs, Poisons and Controlled Substances Amendment (Prohibition of
Display and Sale of Cannabis Water Pipes) Bill 2011
s. 4
80Z Infringement penalty
(1) The infringement penalty for an offence
against section 80U(1), (2) or (3), 80V(1),
(2) or (3) or 80W(1), (2) or (3) is--
5 (a) in the case of a natural person,
12 penalty units;
(b) in the case of a body corporate,
60 penalty units.
(2) The infringement penalty for an offence
10 against section 80X is--
(a) in the case of a natural person,
2 penalty units;
(b) in the case of a body corporate,
10 penalty units.
15 80ZA Seizure of cannabis water pipes, bong
components or bong kits
A member of the police force may seize a
cannabis water pipe, bong component or
bong kit if he or she has reasonable grounds
20 for suspecting that the cannabis water pipe,
bong component or bong kit is displayed or
is for sale or is supplied in contravention of
this Part.
80ZB Retention and return of seized items
25 (1) If a member of the police force seizes a
cannabis water pipe, bong component or
bong kit under this Part, the member of the
police force must take reasonable steps to
return the seized item to the person from
30 whom it was seized or its lawful owner if the
reason for its seizure no longer exists.
571073B.I-30/8/2011 7 BILL LA INTRODUCTION 30/8/2011
Drugs, Poisons and Controlled Substances Amendment (Prohibition of
Display and Sale of Cannabis Water Pipes) Bill 2011
s. 4
(2) If a cannabis water pipe, bong component or
bong kit seized under this Part has not been
returned to the person from whom it was
seized or its lawful owner within 3 months
5 after it was seized, a member of the police
force must take reasonable steps to return it
to that person or owner unless--
(a) proceedings for the purpose for which
the cannabis water pipe, bong
10 component or bong kit was retained
have commenced within that 3 month
period and those proceedings (including
any appeal) have not been completed;
or
15 (b) the Magistrates' Court makes an order
under section 80ZC extending the
period during which the cannabis water
pipe, bong component or bong kit may
be retained.
20 80ZC Magistrates' Court may extend 3 month
period
(1) A member of the police force may apply to
the Magistrates' Court for an extension (not
exceeding 3 months) of the period during
25 which a cannabis water pipe, bong
component or bong kit seized under this Part
may be retained.
(2) An application under subsection (1) must be
made--
30 (a) within 3 months after a cannabis water
pipe, bong component or bong kit is
seized under this Part; or
(b) if an extension has been granted under
this section, before the end of the
35 period of the extension.
571073B.I-30/8/2011 8 BILL LA INTRODUCTION 30/8/2011
Drugs, Poisons and Controlled Substances Amendment (Prohibition of
Display and Sale of Cannabis Water Pipes) Bill 2011
s. 4
(3) The Magistrates' Court may make an order
under this section if the Court is satisfied
that--
(a) the making of the order is in the
5 interests of justice; and
(b) the total period of retention does not
exceed 12 months; and
(c) retention of the cannabis water pipe,
bong component or bong kit is
10 necessary for the purposes of an
investigation into whether a
contravention of this Part has occurred.
(4) At least 7 days prior to the hearing of an
application under this section, the applicant
15 must give notice of the application to the
person from whom the cannabis water pipe,
bong component or bong kit was seized or its
lawful owner described in the application.
80ZD Forfeiture and destruction of seized items
20 (1) Subject to section 80ZB, any cannabis water
pipe, bong component or bong kit that a
member of the police force has seized and
retained under this Part is forfeited to the
Crown if the member--
25 (a) cannot find the person from whom it
was seized or its lawful owner, despite
making reasonable enquiries; or
(b) cannot return it to the person from
whom it was seized or its lawful owner,
30 despite making reasonable efforts.
(2) Any cannabis water pipe, bong component or
bong kit forfeited to the Crown under
subsection (1) may be destroyed in any
manner the Minister thinks fit.
571073B.I-30/8/2011 9 BILL LA INTRODUCTION 30/8/2011
Drugs, Poisons and Controlled Substances Amendment (Prohibition of
Display and Sale of Cannabis Water Pipes) Bill 2011
s. 5
80ZE Court may order forfeiture to the Crown
A court which finds a person guilty of an
offence against section 80U(1), (2) or (3),
80V(1), (2) or (3) or 80W(1), (2) or (3) may
5 order that the cannabis water pipe, bong
component or bong kit to which the offence
relates--
(a) be forfeited to the Crown; and
(b) be destroyed in accordance with the
10 order.
__________________".
5 General regulations
After section 132(zcc) of the Principal Act
insert--
15 "(zcd) for the purposes of Part VC, prescribing a
number or numbers of hookahs that may be
displayed;".
6 Repeal of amending Act
This Act is repealed on 1 January 2013.
20 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571073B.I-30/8/2011 10 BILL LA INTRODUCTION 30/8/2011
Drugs, Poisons and Controlled Substances Amendment (Prohibition of
Display and Sale of Cannabis Water Pipes) Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571073B.I-30/8/2011 11 BILL LA INTRODUCTION 30/8/2011
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