Posted on 14/11/2014
The Safe Night Out Legislation Amendment Bill 2014 was assented to by Parliament on 5 September 2014. The purpose of the legislation has been outlined as follows:…To change the culture and ensure bad behaviour is not tolerated in our nightlife.
CRIMINAL CODE AMENDMENTS
A new charge of ‘unlawful striking causing death’ will be introduced. Offenders can be sentenced up to a term of life imprisonment. The legislation stipulates that if the offender is sentenced to a term of imprisonment, that the person must not be released from custody until the person has served the lessor of 80% of the imprisonment term, or 15 years imprisonment.
DRUGS MISUSE ACT AMENDMENTS
Steroid-type drugs will be classified as a schedule 1 drug. This will mean an individual will face up to a maximum 25 years imprisonment for trafficking in steroids, up to 20 years imprisonment for supplying steroids, and up to 25 years imprisonment for possessing over 5,000g of steroids.
PENALTIES AND SENTENCES ACT AMENDMENTS
Should an individual commit any of the following offences whilst adversely intoxicated in a public place the court must make a community service order whether or not the court imposes another order:
Police will be able to conduct breath/blood/saliva testing for alcohol or illicit substances where in an individual is reasonably suspected of committing/having committed the following offences in the last 3 hours:
A circumstance of aggravation is added to the above charges if it is determined that the offender was adversely affected by alcohol (BAC 0.150 or above) or a relevant drug is present in their saliva.
Police will also have the power of issuing banning notices. This will allow police to issue a notice prohibiting a person from entering/remaining in licensed premises, safe night precinct or event at which alcohol is sold. A ban under an initial notice can extend up to 10 days, whilst an extended notice can result in a ban for up to 3 months.
The maximum penalties for the following offences will increase as follows if the offence occurs within licenced premises, or within the vicinity of licenced premises:
The ‘drunk’ in a public place has been amended to ‘being intoxicated in a public place’ in order to incorporate intoxication from substances other than alcohol.
Penalty Unit as at 14 November 2014 is $110.00
BAIL ACT AMENDMENTS
The following amendments to the Bail Act have been proposed under the Act:
Individuals charged with particular offences of violence, where it is alleged in the charge that the offence was committed while in a public place and intoxicated, will be required to complete a drug and alcohol assessment and referral course as a condition of their grant of bail for that offence.
The offences to which this new mandatory bail condition will apply are:
The scheme will apply state-wide, using existing administrative processes, to refer alleged offenders to a two hour, brief intervention where they undergo an assessment process for their drug/alcohol use, followed by counselling/education and referral intervention if indicated.
Disclaimer: This is for the reader’s information and is not legal advice. Should you need legal advice you should contact a solicitor.