A drug possession law in Australia, designed to stop people getting away with more than their fair share of possession, has sparked outrage.
The legislation will see police using their discretion to allow possession offences where there is a reasonable belief that someone is in possession of drugs, including MDMA.
Drug possession is defined as any person taking or possessing drugs without a prescription.
It’s the second time a drug possession bill has been introduced in Australia and the first time the Government has proposed to use it.
The new law will be introduced in stages, with some offences, such as possessing marijuana or ecstasy, being moved from existing offences to the new offence of drug possession.
The move comes after a similar move was introduced in Victoria.
The Federal Government says it will consult the public on the new law and consider the impact it will have on drug users.
What does it mean for you?
There are a number of legal and health issues surrounding the introduction of a new drug possession offence in Australia.
It will be up to the Attorney-General, Minister for Health, and Minister for the Attorney‑General to decide which offences are appropriate for the new bill.
Under the proposed law, police will be able to apply to a court for an order allowing possession where there was a reasonable expectation of someone being in possession.
Possession of drugs such as MDMA, cannabis, or other drugs will be the exception, rather than the rule.
Under current law, possession offences can be dealt with through court proceedings, and a conviction can result in up to four years in jail.
The Attorney-Genius will be expected to review the evidence in each case and make a recommendation on whether the offence should be amended.
Under this legislation, police would have the discretion to use the discretion in a number or combinations of cases.
There would be no change to the standard of proof that must be met in order to obtain a conviction.
In some cases, police might be able apply to have a court order overturned on the grounds that the person was not aware of the offence being committed.
This would be unlikely to happen under the proposed legislation, but the Government will consult on whether to make any changes to the legislation.
What is a person’s responsibility for drug possession?
The new offence will apply only to those who are found to be in possession or intending to possess the drug in a specific place, but there will be an exception where police believe someone is engaged in criminal activity.
Drug offences will also be dealt on a case-by-case basis.
If a person is found to have taken or possessed drugs, the Attorney General will decide whether to apply the new drug offence to that person.
If the Attorney Genius considers that the drug offence is not appropriate, the new provision will apply to the person only.
What will happen to the existing drug offence?
Under the existing law, if you are found in possession, you could be charged with drug possession and face a maximum penalty of three years in prison.
The proposed new law makes no change in the existing provision, and the maximum penalty will be increased to five years in the case of a first offence, or six years in case of two or more convictions.
The existing offence will also have an increased minimum fine from $600 to $2,000.
What can I do if I’m arrested for drug offences?
Under existing law if you’re arrested for a drug offence you will be released on bail, but you could still face court action.
The only exceptions to this will be drug-related matters.
For example, if the police suspect someone is using drugs in relation to a drug charge, you would be able for the first offence to be charged as a possession offence.
For the second offence, you may be charged under the new legislation and face up to six months in jail, or more.
If you have been charged with a drug- related offence, it’s likely that you may also be charged on other offences, including driving under the influence, drug possession for hire, and drug possession with intent to supply.
If I can prove I didn’t know I was in possession when I was arrested, will I be released?
If you can prove you weren’t in possession at the time you were arrested, you will likely be released from custody, but will have to register as a drug user.
If that isn’t an option for you, you’ll be required to undergo treatment for the drug addiction, which will cost up to $20,000 if you don’t.
How will the new Act impact on drug laws in other countries?
There have been some suggestions in recent months that a drug control legislation introduced in the United States could be used to introduce similar legislation in Australia because of its high number of possession offences.
It was reported last week that the United Kingdom’s new laws will make it illegal for anyone to possess more than one gram of MDMA (ecstasy) at a time.
The drug will remain illegal for commercial use in the UK, and there’s no indication the United Nations would be influenced by the legislation in