Page 890 - Week 03 - Thursday, 10 March 2005

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MR STANHOPE: As members may be aware, the Criminal Code (Serious Drug Offences) Amendment Act 2004, chapter 6, commenced on Sunday, 6 March 2005, on the same day the criminal code regulation 2005 and the drugs of dependence regulation 2005 also commenced. The purpose of the criminal code regulation is to specify the substances and plants and the quantities of each that apply to the new drug laws. An advisory group comprising officers from the Department of Justice and Community Safety, the Office of the Director of Public Prosecutions, ACT Policing and ACT Health developed the regulations.

In developing the criminal code regulations the advisory group drew heavily on the existing tables in the drugs of dependence regulations 1993 and schedule 1 of the Drugs of Dependence Act 1989. However, the lists have been updated to include additional substances that appear in the standard for the uniform scheduling of drugs and poison. For example, the criminal code regulations will include ketamine, the drug used in drink spiking. The new drug laws also include offences for precursors—that is, the substances that can be used to make a controlled drug. These offences are new to the ACT and accordingly the criminal code regulation includes a list of precursors that are proscribed for the purposes of the offences in chapter 6. In preparing this list, the advisory group drew on the code of practice for supply diversion into illicit drug manufacture. The list predominantly reflects current trends in the production, supply and use of amphetamine type substances.

The government has been advised that a national scheduling committee has been set up to prepare model lists of quantities to control drugs, plants and precursors for implementation by all jurisdictions. The Model Criminal Code Officers Committee recommended the establishment of this committee with a view to achieving uniformity in serious drug laws across the country. The national scheduling committee will recommend the model lists and quantities on behalf of the Ministerial Council on Drug Strategy. It is expected the committee will report in the middle of the year.

Governments across Australia agreed in 2002 that it is time for a strong and consistent approach to serious drug offences. The ACT has done its part in implementing chapter 6 but, if there is to be an effective and coordinated effort against drug crime in Australia, it is important for the lists of proscribed substances and plants and the quantities of each to be consistent. Accordingly, when the national scheduling committee reports, the government proposes to review the lists in the criminal code regulation and, where appropriate, to bring them closer into line with recommended model lists.


Mr Corbell presented the following paper:

Health Promotion Act—ACT Health Promotion Board, pursuant to subsection 26 (6)—Strategic Plan—2005-2008.

Territory plan—variation No 209

Paper and statement by minister

MR CORBELL (Molonglo—Minister for Health and Minister for Planning): For the

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