Criminal Code Amendment (Drink and Food Spiking) Bill 2007


Bill No.218

SynopsisThe purpose of this Bill is to insert into the Western Australian Criminal Code section 305, which expressly and Specifically deals with drink and food spiking.

Specifically the Bill will apply in two situations;
  1. Where a person causes another person to be given or to consume drink or food containing an intoxicating substance where that other person is not aware of that intoxicating substance.
  2. Where the person causes another person to be given or to consume drink or food containing more intoxicating substance than the person receiving the drink or food would reasonably expect that drink or food to contain.

In either of these situations the provider will be guilty of a crime with a maximum of 3-years imprisonment or, where the summary conviction penalty applies, imprisonment for 12-months and a $12,000 fine.

The Bill also provides a specific defence to these new offences. It will be a defence where an accused person had reasonable cause to believe that each person who was likely to consume the drink or food would not have objected to consuming the drink or food if the person was aware of the presence and quantity of the intoxicating substance in the drink or food.

StatusAssented to 12/20/2007
Royal Assent given 21 Dec 2007 as Act No. 31 of 2007. Different sections of this Act come into operation on Royal Assent and Proclamation. For details refer to Commencement Clause of the Bill (see also Assent and Commencement information for Acts)

Current Bill

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Inactive hide details for Previous Versions of this BillPrevious Versions of this Bill




Progress

Legislative Assembly DateNote No.Related Documents
Introduced 06/20/2007  
First Reading 06/20/2007  
Second Reading 06/20/2007  
Second Reading Speech   
Second Reading Agreed 09/18/2007  
Third Reading 09/18/2007  


Legislative Council DateNote No.Related Documents
Introduced 09/19/2007  
First Reading 09/19/2007  
Second Reading 09/19/2007  
Second Reading Speech   
Second Reading Agreed 12/06/2007  
Third Reading 12/06/2007