2016

The Mock Parliament of the

Commonwealth of Australia
THE SENATE

As passed by the House of Representatives

Methylamphetamine Misuse and

Trafficking (Enforcement) Bill 2016
No.

, 2016

A Bill for an Act to introduce new penalties and

special powers for serious offences relating to
methylamphetamine, and for related purposes

Contents
The Methylamphetamine Misuse and Trafficking (Enforcement) Bill 2016
was written for the Mock Parliament Competition.
Part 1Preliminary
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Short title ...................................................................................................... 2

Commencement ............................................................................................ 3
Objects of this Act ........................................................................................ 3
Definitions .................................................................................................... 3
Relationship with State offences and State Acts ........................................... 4

Part 2Offences relating to methylamphetamine

6 Indictable prosecution .................................................................................. 5

7 Cultivating, supplying, manufacturing, producing or wholesaling
methylamphetamine .......................................................................... 5
8 Offence of supplying methylamphetamine on an ongoing basis .................. 5
9 Mandatory minimum sentence ..................................................................... 6
10 Exemptions ................................................................................................. 6

Part 3Powers in relation to investigation of offences relating

to methylamphetamine

11 Special powers for entry to premises for offences relating to

methylamphetamine .......................................................................... 7
12 Special powers for seizure and destruction of items for offences
relating to methylamphetamine ......................................................... 9
13 Special powers for stopping and searching for offences relating to
methylamphetamine ........................................................................ 10

Part 4Review of this Act

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14 Review of this Act .................................................................................... 11

No.

, 2016

Methylamphetamine Misuse and Trafficking (Enforcement) Bill 2016

A Bill for an Act to introduce new penalties and

special powers for serious offences relating to
methylamphetamine, and for related purposes

The Mock Parliament of Australia therefore enacts:

Part 1Preliminary

1 Short title

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This Act may be cited as the Methylamphetamine Misuse and

Trafficking (Enforcement) Act 2016.

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2 Commencement
This Act commences on the day after this Act receives the Royal
Assent.

3 Object of this Act

The object of this Act is to prevent the outbreak of
methylamphetamine and protect the community by introducing
new penalties and special powers for serious offences relating to
the misuse and trafficking of methylamphetamine.

4 Definitions

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In this Act:

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Cultivate, in relation to a prohibited plant, includes:

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(a) sow or scatter the seed produced by the prohibited plant,

and

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(b) plant, grow, tend, nurture or harvest the prohibited plant.

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Commercial quantity means an amount of methylamphetamine of

0.25kg.
Large commercial quantity means an amount of
methylamphetamine of 0.5kg.
Manufacture, in relation to a prohibited drug, includes the process
of extracting or refining the prohibited drug.
Relevant Ministers for this Act are the Attorney General, the
Minister for Health and the Minister for Justice.
Sell includes sell whether by wholesale or retail and barter and
exchange, and also includes dealing in, agreeing to sell, or offering
or exposing for sale, or keeping or having in possession for sale, or
sending, forwarding, delivering or receiving for sale or on sale, or
authorising, directing, causing, suffering, permitting or attempting
any of those acts or things.

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State includes the Australian Capital Territory and the Northern

Territory.

State offence means an offence against a law of a State.

Supply includes sell and distribute, and also includes agreeing to

supply, or offering to supply, or keeping or having in possession
for supply, or sending, forwarding, delivering or receiving for
supply, or authorising, directing, causing, suffering, permitting or
attempting any of those acts or things.

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A thing may include, but not limited to, the drug

methylamphetamine and any equipment or proceeds of crime in
connection to the cultivation, supply, manufacturing, production or
wholesaling of methylamphetamine. To avoid any doubt, the
powers contained in Part 3 for a thing must only be used in relation
to the administration, investigation and enforcement of an offence
or offences under this Act.

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Wholesale means supply for the purposes of resale.

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5 Relationship with State offences and State Acts

(1) If an offence or provision contained in this Act is also a State
offence or provision contained in a State Act, or similar, an offence
or provision in this Act shall override the State offence or
provision contained in a State Act.

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(2) If, on trial of a person for an offence under this Act, the jury is not
satisfied that the person committed an offence contained in this
Act, the jury may acquit the person of the offence charged and, if
satisfied, find the person guilty of a State offence similar to an
offence in this Act, if such State offence exists.

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Part 2Offences relating to methylamphetamine

6 Indictable prosecution
An offence under this Part is to be prosecuted on indictment by
jury.

7 Cultivating, supplying, manufacturing, producing or wholesaling

methylamphetamine
(1) A person who
(a) cultivates, supplies, manufactures, produces or wholesale,
or
(b) knowingly takes part in the cultivation, supply,
manufacturing, production or wholesaling of,

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methylamphetamine that is at or above the commercial quantity but

below the large commercial quantity is guilty of an offence.

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Maximum penalty: $385,000 fine or imprisonment for 20 years.

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(2) A person who

(a) cultivates, supplies, manufactures, produces or wholesale,
or
(b) knowingly takes part in the cultivation, supply,
manufacturing, production or wholesaling of,

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methylamphetamine that is at or above the large commercial

quantity is guilty of an offence.

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Maximum penalty: Life imprisonment.

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8 Offence of supplying methylamphetamine on an ongoing basis

A person who, on three or more separate occasions during any
period of 30 consecutive days, supplies methylamphetamine below

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the commercial quantity for financial or material reward is guilty

of an offence.

Maximum penalty: Life imprisonment.

9 Mandatory minimum sentence

(1) A court is required to impose a sentence of imprisonment of not
less than 8 years on a person guilty of an offence under subsection
7(2) or section 8. Any non-parole period for the sentence is also
required to be not less than 8 years.

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(2) Nothing in any other Act or law authorises a court to impose a

lesser or no sentence (or to impose a lesser non-parole period) for a
person guilty of an offence under subsection 7(2) or section 8.

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10 Exemptions
Nothing in this Part renders unlawful the cultivation, supply,
wholesale, manufacture or production of methylamphetamine by:

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(a) a person licensed or authorised to do so under any Act or

law; or,

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(b) a person acting in accordance with an authority granted by

the relevant Ministers where the Minister is satisfied that
the cultivation, supply, wholesale, manufacture or
production of methylamphetamine is for the purpose of
scientific research, instruction, analysis or study.

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Part 3Powers in relation to investigation of

offences relating to methylamphetamine
11 Special powers for entry to premises for offences relating to
methylamphetamine
(1) A police officer may enter premises in accordance with this section
if the police officer suspects, on reasonable grounds, that:
(a) it is necessary to exercise a power under subsection (2) in
order to prevent a thing that is on the premises from being
used in connection with an offence under sections 7 and 8
of this Act; and
(b) it is necessary to exercise the power without the authority
of a search warrant.
(2) The police officer may:

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(a) search the premises for the thing; and

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(b) seize the thing if he or she finds it there.

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(3) If, in the course of searching for the thing, the police officer finds
another thing that the police officer suspects, on reasonable
grounds, to be relevant to an offence under sections 7 and 8 of this
Act, the police officer may secure the premises pending the
obtaining of a warrant in relation to the premises.
(4) Premises must not be secured under subsection (3) for longer than
is reasonably necessary to obtain the warrant.
(5) In the course of searching for the thing, the police officer may also
seize any other thing, or do anything to make the premises safe, if
the police officer suspects, on reasonable grounds, that it is
necessary to do so:

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(a) in order to protect a person's life, health or safety; and

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(b) without the authority of a search warrant because the

circumstances are serious and urgent.

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(6) In exercising powers under this section:

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(a) the police officer may use such assistance; and

(b) the police officer, or a person who is also a police officer

and who is assisting the police officer, may use such force
against persons and things; and

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(c) a person (other than a police officer) who is authorised by

the police officer to assist the police officer may use such
force against things, but not persons;

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as is necessary and reasonable in the circumstances.

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Notification
(7) If one or more police officers have entered premises in accordance
with this section, a police officer must, within 24 hours after the
entry:

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(a) notify the occupier of the premises that the entry has taken
place; or

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(b) if it is not practicable so to notify the occupier--leave a

written notice of the entry at the premises.

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Application of the section

(8) The power granted to a police officer in this section shall be used
in addition to ordinary powers granted under other laws.

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12 Special powers for seizure and destruction of items for offences

relating to methylamphetamine
(1) If a police officer:

(a) conducts a search; and

(b) finds, in the course of the search, a thing that is related to

an offence under this Act

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the officer may seize the thing.

(2) If a person is convicted of an offence under this Act:
(a) any money or thing that is kept or used in connection with,
or that relates to, any activity prohibited by or under this
Act, that is seized in relation to the offence, and

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(b) any documents or other records, including any computer

records, devices or programs, that are kept or used in
connection with, or that relate to, any activity prohibited
under this Act and that are seized in relation to the offence,
and

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(c) any methylamphetamine.

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is or are, by an order of a court, forfeited to the Crown.

(3) If a person is convicted of an offence under this Act, the court may
order the forfeiture to the Crown of any money or thing, and any
such documents or other records in the persons possession at the
time of the offence if the court is satisfied that the prohibited drug,
or such thing, were used by the person for or in connection with the
commission of the offence.
Application of the section
(4) The power granted to a police officer in this section shall be used
in addition to ordinary powers granted under other laws.

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13 Special powers for stopping and searching for offences relating to

methylamphetamine
(1) A police officer may:

(a) stop and detain the person for the purpose of conducting a
search under paragraph (b); and

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(b) conduct one of the following searches for a thing related to

an offence under section 7 or 8 of this Act:

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(i)

(ii) a search of any thing that is, or that the officer

suspects on reasonable grounds to be, under the
person's immediate control;

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(iii) a search of any thing that the person has, or that the
officer suspects on reasonable grounds that the
person has.

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Conditions relating to conduct of search of person

(2) A police officer who conducts a search of a person under this
section must not use more force, or subject the person to greater
indignity, than is reasonable and necessary in order to conduct the
search.

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(3) A person must not be detained under this section for longer than is
reasonably necessary for a search to be conducted under this
section.

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an ordinary search or a frisk search of the person;

Application of the section

(4) The power granted to a police officer in this section shall be used
in addition to ordinary powers granted under other laws.

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Part 4Review of this Act

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(1) The relevant Ministers are to review the operation of this Act. The
Ministers may engage persons to assist in the review.
(2) The review is to be undertaken as soon as practicable and within 3
years after the date of assent to this Act.
(3) The relevant Ministers are to report to the Parliament on the
outcome of the review as soon as practicable after the review is
completed.

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