Page 4066 - Week 13 - Thursday, 31 October 2013
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
of placing both the victim and defendant in these historic sexual offences in the same position as victims and defendants in other historic sexual offence cases where no limitation period applies.
I would also like to foreshadow government amendments to the bill during the debate stage in the next sitting to ensure that the law deals with people who criminally photograph or film private sexual acts or sexual parts. While existing offences, such as the act of indecency without consent and commonwealth telecommunications offences, cover a broad range of conduct in the ACT, concern has been raised about the adequacy of these offences. The concerns warrant a timely and proactive response to ensure the community is properly protected.
This issue raises a number of complex social and technological issues. As a result I have asked my directorate to expeditiously engage with justice stakeholders to allow me to move appropriate amendments when the Crimes Legislation Amendment Bill 2013 is brought on for debate.
The bill will also amend the Drugs of Dependence Act to allow police to issue simple cannabis offence notices in a greater number of cases. The bill does this by increasing the maximum quantity that a simple cannabis offence notice, known as a SCON, can be issued for from 25 grams to 50 grams. This change will allow a police officer to serve an offence notice against a person possessing up to 50 grams of cannabis, instead of laying a criminal charge. This increase brings the ACT closer into line with other jurisdictions which use similar schemes.
The ACT’s current ceiling amount of 25 grams of cannabis for a SCON is low compared to the other cannabis expiation notice schemes in Australia. The equivalent maximum in the Northern Territory is 50 grams of cannabis and in South Australia the equivalent amount is 100 grams. This amendment will improve access to diversion away from the criminal justice system through police intervention consistent with the ACT’s harm minimisation approach to drugs.
The possession of cannabis for personal use will remain illegal in the ACT. Police will continue to have the discretion to impose an on-the-spot fine where they find an adult in possession of small amounts of cannabis. One of the most common quantities of cannabis reportedly purchased by drug users in the ACT for personal use is an imperial ounce, equivalent to 28.35 grams. An increase to the ACT’s simple cannabis offence notice amount to 50 grams aims to promote more appropriate diversion where a person is in possession of cannabis for personal use.
Almost 10 per cent of those aged 14 and over surveyed in the ACT report using cannabis in the past 12 months. This is an estimated 26,000 people in the ACT according to the 2010 national drug strategy household survey report by the Australian Institute of Health and Welfare. A person charged and convicted with possession of an illicit drug can have a criminal record. This will affect their employment opportunities. In some cases, it will be more appropriate to allow police to divert the person from the criminal justice system through the use of a SCON.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video