Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 No. 51 of 2011 TABLE OF PROVISIONS Section 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 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 † No. 51 of 2011 [Assented to 18 October 2011] 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— (a) the prohibition of display, sale and supply of cannabis water pipes and components; and (b) the restriction of display for sale of hookahs. Victoria -- 2 of 12 -- Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 No. 51 of 2011 2 Authorised by the Chief Parliamentary Counsel 2 Commencement This Act comes into operation on 1 January 2012. 3 Principal Act In this Act, the Drugs, Poisons and Controlled Substances Act 1981 is called the Principal Act. 4 New Part VC inserted After Part VB of the Principal Act insert— "PART VC—CANNABIS WATER PIPES AND HOOKAHS 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 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 constructed; s. 2 See: Act No. 9719. 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 -- 3 of 12 -- Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 No. 51 of 2011 3 Authorised by the Chief Parliamentary Counsel 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 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 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 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 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 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 one or more flexible hoses, each with a mouthpiece through which the smoke or fumes are drawn; retail outlet includes— (a) a shop; (b) a market. s. 4 -- 4 of 12 -- Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 No. 51 of 2011 4 Authorised by the Chief Parliamentary Counsel 80U Offence to display cannabis water pipe, bong component or bong kit in retail outlet (1) A person must not display a cannabis water 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. (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, 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; 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. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. s. 4 -- 5 of 12 -- Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 No. 51 of 2011 5 Authorised by the Chief Parliamentary Counsel (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, 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, 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 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, 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, 60 penalty units; In the case of a body corporate, 300 penalty units. s. 4 -- 6 of 12 -- Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 No. 51 of 2011 6 Authorised by the Chief Parliamentary Counsel (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; 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— (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. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. Division 2—Enforcement 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 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 meaning of the Infringements Act 2006. s. 4 -- 7 of 12 -- Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 No. 51 of 2011 7 Authorised by the Chief Parliamentary Counsel 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— (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 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. 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 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 (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 whom it was seized or its lawful owner if the reason for its seizure no longer exists. s. 4 -- 8 of 12 -- Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 No. 51 of 2011 8 Authorised by the Chief Parliamentary Counsel (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 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 component or bong kit was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or (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. 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 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— (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 period of the extension. s. 4 -- 9 of 12 -- Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 No. 51 of 2011 9 Authorised by the Chief Parliamentary Counsel (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 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 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 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 (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— (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, 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. s. 4 -- 10 of 12 -- Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 No. 51 of 2011 10 Authorised by the Chief Parliamentary Counsel 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 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 order. __________________". 5 General regulations After section 132(zcc) of the Principal Act insert— "(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. 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). ═══════════════ s. 5 -- 11 of 12 -- Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011 No. 51 of 2011 11 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 31 August 2011 Legislative Council: 15 September 2011 The long title for the Bill for this Act was "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." Endnotes -- 12 of 12 --