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Legislative
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| Mike Elliott Leader Australian Democrats Member of the Legislative Council |
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Legislative
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| Mike Elliott Leader Australian Democrats Member of the Legislative Council |
Parliament Index |
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Adjourned debate on second reading.
(Continued from 7 July.)
The Hon. DIANA LAIDLAW (Minister for Transport and Urban Planning): This Bill was introduced to provide for the forfeiture of substances, equipment and devices used in the commission of drug offences and the destruction of dangerous substances, chemicals and poisons. A number of members addressed this Bill and I thank them for their contributions to the debate. Various questions were asked and, in particular, I address the questions of the Hon. Terry Cameron and the Hon. Mike Elliott.
The proposed amendments do not require police to issue a detailed receipt upon seizure of drugs or evidence. Such a legislative requirement is not commonly found in South Australia. However, police practice through written policy is that detailed receipts are issued at the time of seizure. Anything seized must be booked into a police station or a secure holding facility where it is further recorded. Police exhibit property facilities are controlled by staff who are independent of investigations. The facilities are secure areas with limited access and subject to strict audit procedures. The amendments before Parliament will not change these procedures.
It is not practical to weigh drugs or chemicals in situ . For meaningful results from such a process, various sets of certified accurate scales would be required along with appropriately trained certified operators. Small quantities of illicit drugs are scaled in `tamper evident' exhibit bags in the presence of the accused. For evidentiary purposes, drugs and other evidence are weighed by independent experts from the Forensic Science Centre. The amendments will not affect that procedure. Where property is to be destroyed under proposed amendments, samples that provide a true representation of the nature of the property must be taken for evidentiary purposes. Furthermore, defendants will be entitled to have a portion of the sample analysed, and written notice of the entitlement must be given to them.
These are new provisions which mirror those existing relative to cannabis (and I refer specifically to section 52 of the Controlled Substances Act) and offer more rights to the defendant than presently exist. Where drugs and substances are destroyed pursuant to the amendments, police, in the absence of the actual drug or substance, will be required to produce substantial secondary evidence to support the allegation. As in all court matters, this evidence is adduced by witnesses, photographs and analysis certificates.
The illicit manufacture of drugs causes significant occupational health and safety issues for investigators, forensic scientists and emergency services personnel. Persons involved in the production of these drugs often leave corrosive, toxic and potentially explosive chemicals in unlabelled and unsuitable containers. These amendments will allow for the destruction of dangerous chemicals and poisons so that volatile substances will not be stored, for instance, up to three years, pending the outcome of the criminal trial. Specialised secure storage facilities are available to the police for chemicals that can be safely stored. Where the substance is not considered dangerous, it will be stored according to police policies and available as evidence in the usual manner.
The major issue is the safe handling and destruction of the large volume of substances which pose a danger to all who may be exposed to them. The proposed amendments will address these issues.
Bill read a second time.
In Committee.
Clause 1.
The Hon. M.J. ELLIOTT: The Democrats support the amendment. I acknowledge that the Minister has provided responses to matters I raised during the second reading debate and I am satisfied with those responses.
Amendment carried; clause as amended passed.
The Hon. DIANA LAIDLAW: I move:
New clauses 1A, 1B, 1C, 1D, 1E and 1F.
New clauses inserted.
Remaining clauses (2 to 7) and title passed.
Bill read a third time and passed.
