Attachment one – proposed offences, penalties, and powers
|Offence |Elements of offence |Maximum penalty |Arrest powers |Search and surveillance powers |
|UNAPPROVED SUBSTANCES | | | | |
|Import |Strict liability – onus on defendant to |2 years imprisonment |No arrest powers for Regulator-warranted |Inspector |
| |provide they had no reasonable excuse | |officers. |Warrant: to enter a dwelling/house to |
| | | | |inspect, search and seize where |
| | | |Only for the police if involved in the |reasonable grounds to believe the |
| | | |investigation of the offence and the |commission of a regulatory breach |
| | | |person obstructs, hinders etc | |
| | | | |Warrantless: enter a commercial property |
| | | | |to inspect compliance with the law where |
| | | | |reasonable grounds to believe a breach |
| | | | |has been committed. |
| | | | | |
| | | | |Enforcement officer |
| | | | |Search and Surveillance Act 2012 applies:|
| | | | | |
| | | | |Warrant: to search a place, vehicle or |
| | | | |other thing where reasonable grounds to |
| | | | |suspect an offence has been committed and|
| | | | |to believe that the search will find |
| | | | |evidential material. |
| | | | | |
| | | | |Warrantless: where reasonable grounds to |
| | | | |believe obtaining a search warrant is not|
| | | | |practicable, they suspect that an offence|
| | | | |has been committed in respect of that |
| | | | |substance and believe that if the search |
| | | | |is not conducted immediately then |
| | | | |evidential material could be lost or |
| | | | |altered. |
| | | | | |
| | | | |The Search and Surveillance Act will be |
| | | | |amended to provide enforcement agencies |
| | | | |with the ability to conduct trespass |
| | | | |surveillance. |
| | | | | |
|Manufacture |Strict liability – onus on defendant to |2 years imprisonment |As above |As above |
| |provide they had no reasonable excuse | | | |
|Supply |Strict liability – onus on defendant to |2 years imprisonment |As above |As above |
| |provide they had no reasonable excuse | | | |
|Possession with the intent to supply |Strict liability – onus on defendant to |2 years imprisonment |As above |As above |
| |provide they had no reasonable excuse | | | |
|Personal possession | | | | |
| |Strict liability – onus on defendant to |$300 set infringement fee |None. |Power to seize (or confiscate) a |
| |provide they had no reasonable excuse (if| | |substance that they reasonably believe is|
| |challenged) | |Only if the person resists, hinders, |an unapproved substance (ie, an offence |
| | | |obstructs the officer in the execution of|has been committed). |
| | | |their duty (ie, does not provide | |
| | | |details/particular) | |
|APPROVED SUBSTANCES |Elements of offence |Maximum penalty |Arrest powers |Search and surveillance powers |
|Import in breach of specified conditions,|Knowingly or recklessly commits this |3 months imprisonment |No arrest powers for Regulator-warranted |Warrant: to enter a dwelling/house to |
|without a licence, other regulatory |offence |And/or $500,000 |officers. |inspect, search and seize where |
|breaches | | | |reasonable grounds to believe the |
| | | |Only for the police if involved in the |commission of a regulatory breach |
| | | |investigation of the offence and the | |
| | | |person obstructs, hinders etc. |Warrantless: enter a commercial property |
| | | | |to inspect compliance with the law where |
| | | | |reasonable grounds to believe a breach |
| | | | |has been committed. |
|Manufacture in breach of specified |Knowingly or recklessly commits this |3 months imprisonment |As above |As above |
|conditions, without a licence, other |offence |And/or $500,000 | | |
|regulatory breaches | | | | |
|Supply in breach of specified conditions,|Knowingly or recklessly commits this |3 months imprisonment |As above. |As above |
|without a licence, other regulatory |offence |And/or $500,000 | | |
|breaches | | | | |
|OTHERS |Elements of offence |Maximum penalty |Arrest powers |Search and surveillance powers |
|Obstructing, resisting, hindering |Wilfully committing this offence. |3 months imprisonment |Yes. |N/A |
|police/enforcement officer in the | |or $500 fine. | | |
|execution of their duty. | | | | |
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