Hansard debates

DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT
 (PROHIBITION OF DISPLAY AND SALE OF CANNABIS WATER PIPES) BILL 2011
Statement of compatibility
Ms WOOLDRIDGE  (Minister  for  Mental  Health)  tabled  following  statement  in
accordance with Charter of Human Rights and Responsibilities Act 2006:
  In  accordance  with   section  28  of  the   Charter  of  Human  Rights   and
  Responsibilities  Act  2006  (charter  act),  I   make   this   statement   of
  compatibility  with  respect  to  the Drugs, Poisons and Controlled Substances
  Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Bill 2011.

  In  my  opinion,  the  Drugs,  Poisons  and  Controlled  Substances  Amendment
  (Prohibition  of  Display  and Sale  of  Cannabis Water Pipes)  Bill  2011, as
  introduced to  the Legislative Assembly,  is compatible with  the human rights
  protected  by the  charter act.  I base  my opinion on the reasons outlined in
  this statement.
  Overview of bill
  The purpose  of the  bill is  to make  amendments to  the Drugs,  Poisons  and
  Controlled Substances Act 1981 (the act) to make it an offence to display in a
  retail outlet or sell or  supply in  the course  of carrying  out a commercial
  activity a  cannabis water pipe or a  bong component or a  bong  kit. The bill
  also restricts the number of hookahs on display for sale in a retail outlet.

  The amendments  make the  sale of  a cannabis  water pipe, which  is used  for
  introducing into  the body a drug  of dependence, illegal.  This is consistent
  with similar bans  placed on implements used for administering other  drugs of
  dependence, for example, ice pipes. Cannabis use causes health risks to users,
  particularly to their mental health, with users facing a greater likelihood of
  suffering from depression, psychosis or anxiety.
  In the bill, members of the police force are given enforcement powers to seize
  and  retain  a cannabis water pipe,  a  bong component or  a  bong kit that is
  displayed  or is  for sale  or is  supplied in  contravention of  the  act.  A
  cannabis water pipe, or a bong component or a bong kit may be forfeited to the
  Crown and destroyed in certain defined circumstances.
  Human rights issues

1. Human rights protected by the charter act that are relevant to the bill
  Section 15: freedom of expression
  Section  15 of the charter act recognises the right of freedom  of  expression
  which includes  the freedom to  seek, receive and  impart information. Section
  15(3) qualifies this right by  providing  that  this  right  may be subject to
  lawful  restrictions for the protection of national  security,  public  order,
  public health or public morality.
  The new  section 80U creates an offence to display a cannabis water pipe, or a
  bong component or a bong kit in a retail  outlet. The new section 80X makes it
  an offence to display  more  than three, or another number that is prescribed,
  hookahs for sale in a retail outlet.

  Both  sections 80U and 80X engage  the right  to freedom  of expression  as it
  restricts  a  retailer's  ability  to  display  cannabis   water  pipes,  bong
  components, bong kits  and  display hookahs for  sale. The limitation  on  the
  display of these devices is intended to restrict the visibility of these water
  pipes and therefore reduce uptake, which in  turn  will  reduce  the  risks to
  public  health. Section 80X of the bill intends to provide scope for  cultural
  activity within  reasonable  bounds,  by  allowing  Middle  Eastern and Arabic
  retailers to  continue to sell  hookahs  so they may  continue  their cultural
  practices of using hookahs.
  The  restrictions in sections 80U  and 80X are  lawful restrictions reasonably
  necessary  for  the protection  of  public health and  therefore  do not limit
  section 15 of the charter act.
  Section 20: right to property

  Under the charter act, the bill engages section 20, the right of people not to
  be deprived of property otherwise in accordance with the law.
  The deprivation of property under the new section 80ZA occurs under the powers
  conferred by legislation and for the limited purpose of preventing the display
  in   a  retail outlet or   sale  or supply in the   course  of carrying out  a
  commercial activity, of  a cannabis  water pipe  or a bong component or a bong
  kit, all of which items are used for an illegal purpose.
  As the  bill  clearly sets out the  powers  of members of the  police force to
  deprive  a person of a cannabis water pipe, a  bong component or a bong kit in
  prescribed  circumstances,  deprivation  occurs  in  accordance  with  law, in
  confined circumstances.  The deprivation is subject to a number  of safeguards
  located  in  sections  80ZB,  80ZC,  80ZD  and  80ZE.   Section  80ZA  is  not
  incompatible with the right to property.