Page 3923 - Week 11 - Wednesday, 25 September 2019

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Note 2  A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

(2) However, the Minister must not fix a commencement day that is before the notification day of the guidance material required to be published under section 171BA.

(3) The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.

2

Proposed new clause 4A

Page 2, line 24—

insert

4A  New section 4A

in part 1, insert

4A  Objects of Act

The objects of this Act include the following:

(a) to minimise harm resulting from the use of drugs of dependence;

(b) to promote a balanced approach across the three pillars of harm minimisation—

(i) demand reduction; and

(ii) supply reduction; and

(iii) harm reduction;

(c) to reflect an evidence-based approach to drug policy, which puts the health and safety of the ACT community ahead of all other policy objectives.

3

Clause 5

Proposed new section 162 (2)

Page 3, line 8—

omit proposed new section 162 (2), substitute

(2) In this section:

cultivates—see the Criminal Code, section 615.

4

Clause 6

Proposed new section 171AA (4) and (5)

Page 4, line 14—

insert

(4) Subsection (2) does not apply to a person if the person—

(a) possesses not more than 150g of cannabis; and

(b) either—

(i) has a relevant diagnosis; or

(ii) is acting on behalf of a person who has a relevant diagnosis.

Note  The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

(5) In this section:

relevant diagnosis means a diagnosis by a doctor of any of the following:

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