❓ Hon. Colin Tincknell questions the protections for children when drug offenders are charged with personal use rather than offences related to child endangerment under the Misuse of Drugs Act. He also questions why child endangerment isn't a standalone offence.
AnsweredQoN 827Legislative Council
QuestionView source ↗
METHAMPHETAMINE — CRIMINAL CODE PROVISIONS
827. Hon COLIN TINCKNELL to the minister representing the
Minister for Police:
In
relation to question without notice 804 that I asked yesterday, I thank the
minister for his answer. It is clear from section 34(4) of the Misuse of Drugs Act 1981 that the minister referred
to that a conviction relating to
children under 16 years of age can occur only in circumstances in which
someone is successfully convicted under section 34(4).
(1) Is the
consideration of a child being present relevant only if the offender is
successfully convicted under section 34(4); and, if this is the case and
someone is not charged under section 34(4) but rather a charge of personal use,
what protections exist for children in those circumstances?
(2) Why is this conviction reliant upon the successful
prosecution of section 34(4) and not a standalone offence?
The PRESIDENT : Minister for
Environment, I am not sure whether the member is seeking a legal opinion from
you, but I will be interested in your response.
827. Hon COLIN TINCKNELL to the minister representing the
Minister for Police:
In
relation to question without notice 804 that I asked yesterday, I thank the
minister for his answer. It is clear from section 34(4) of the Misuse of Drugs Act 1981 that the minister referred
to that a conviction relating to
children under 16 years of age can occur only in circumstances in which
someone is successfully convicted under section 34(4).
(1) Is the
consideration of a child being present relevant only if the offender is
successfully convicted under section 34(4); and, if this is the case and
someone is not charged under section 34(4) but rather a charge of personal use,
what protections exist for children in those circumstances?
(2) Why is this conviction reliant upon the successful
prosecution of section 34(4) and not a standalone offence?
The PRESIDENT : Minister for
Environment, I am not sure whether the member is seeking a legal opinion from
you, but I will be interested in your response.
AnswerView source ↗
Madam President, there is no legal
advice provided in the answer, so I am happy to provide it on behalf of the Minister
for Police.
I thank the honourable member for
some notice of this question. The following answer has been provided to me by
the Minister for Police.
(1) Advice was
sought from the Western Australia Police Force, which advised that the answer
is no. The presence of a child is also relevant to other offences, including
those referenced in section 34(3) and 34(5) of the Misuse of Drugs Act 1981.
(2) These amendments were
introduced by the former government.
advice provided in the answer, so I am happy to provide it on behalf of the Minister
for Police.
I thank the honourable member for
some notice of this question. The following answer has been provided to me by
the Minister for Police.
(1) Advice was
sought from the Western Australia Police Force, which advised that the answer
is no. The presence of a child is also relevant to other offences, including
those referenced in section 34(3) and 34(5) of the Misuse of Drugs Act 1981.
(2) These amendments were
introduced by the former government.
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