Consultation on implementation of model drug schedules for Commonwealth serious drug offences

The closing date for submissions is 11 March 2011

The Minister for Justice, the Hon Brendan O’Connor MP, invites public comment on issues relating to the implementation of model drug, plant and precursor schedules for Commonwealth serious drug offences.

Comment is sought on the issues outlined in the discussion paper, including:

the application of the model schedules to the domestic and import/export offences in the Criminal Code
the appropriateness of classifying some substances as both controlled drugs and precursors and listing quantities of pure and mixed substances
the expanded list of plant and fungi species under the model schedule for controlled plants
whether Customs legislation could be aligned with the model schedules
whether it is necessary to retain a reference to the concept of an ‘immediate precursor’ in the Criminal Code definition of ‘precursor’
whether the existing regulatory framework is adequate to support the extended definition of ‘precursor’
the appropriateness of the current structure of Part 9.1 of the Criminal Code and, in particular, whether it is necessary to retain provisions for interim regulations, and
the need to consider regulatory impacts in relation to legitimate uses, including in defences in the Criminal Code and licensing and permit requirements under Customs legislation.
Submissions

Public comment is welcome on the issues outlined in the discussion paper.

If you would like to make a submission, please forward your submission no later than 11 March 2011 to Criminal.Law@ag.gov.au. Please contact the Criminal Law and Law Enforcement Branch at this email address if you are experiencing difficulty accessing the documents.

All submissions received will be considered by the Attorney-General’s Department. Submissions and comments will not be published on the website, but may be reproduced in part or in whole and may be included in a report on this consultation, unless otherwise requested.

Two of Malawi's most senior judicial officials are arguing over whether a new bill includes a provision that outlaws breaking wind in public.

Justice Minister George Chaponda says the new bill would criminalise flatulence to promote "public decency".

"Just go to the toilet when you feel like farting," he told local radio.

However, he was directly contradicted by Solicitor General Anthony Kamanga, who says the reference to "fouling the air" means pollution.

"How any reasonable or sensible person can construe the provision to criminalising farting in public is beyond me," he said, adding that the prohibition contained in the new law has been in place since 1929.

The Local Courts Bill, to be introduced next week reads: "Any person who vitiates the atmosphere in any place so as to make it noxious to the public to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way shall be guilty of a misdemeanour."

http://www.bbc.co.uk/news/world-africa-12363852

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A CONTROVERSIAL proposal to ban many familiar backyard plants and trees, including angel's trumpet and a large number of wattles, has outraged gardeners and nursery owners.

The federal government says the plants should be prohibited because they could be used to make illegal drugs.

Among the species on the blacklist are many common cactuses containing tiny amounts of mescaline, leading some hobbyists to fear they could be charged under drug laws.

"In our cactus clubs probably 50 per cent of our members are 50 or 60 years of age," said April Hamilton, the secretary of the Cactus and Succulent Society of NSW. "We grow these plants because we love them, not because there is some mystical meaning in them. Some of our members are worried that they are going to end up going to jail over this."

The dramatically widened list of controlled plants, contained in a discussion paper issued by the Attorney-General's department, would put widespread species such as the leopard tree and the gossamer wattle in the same category as cannabis and magic mushrooms.

http://www.smh.com.au/environment/steps-to-ban-drug-plants-alarm-hobby-gardeners-20110318-1c0lh.html

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