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Parliamentary Questions

Question Without Notice No. 827 asked in the Legislative Council on 14 August 2019 by Hon Colin Tincknell

Minister responding: Hon M.H. Roberts
Parliament: 40 Session: 1

Answered on 14 August 2019


827. Hon COLIN TINCKNELL to the minister representing the Minister for Police:

In relation to question without notice 804 that I asked yesterday, I thank the minister for his answer. It is clear from section 34(4) of the Misuse of Drugs Act 1981 that the minister referred to that a conviction relating to children under 16 years of age can occur only in circumstances in which someone is successfully convicted under section 34(4).

(1) Is the consideration of a child being present relevant only if the offender is successfully convicted under section 34(4); and, if this is the case and someone is not charged under section 34(4) but rather a charge of personal use, what protections exist for children in those circumstances?

(2) Why is this conviction reliant upon the successful prosecution of section 34(4) and not a standalone offence?

The PRESIDENT: Minister for Environment, I am not sure whether the member is seeking a legal opinion from you, but I will be interested in your response.


Madam President, there is no legal advice provided in the answer, so I am happy to provide it on behalf of the Minister for Police.

I thank the honourable member for some notice of this question. The following answer has been provided to me by the Minister for Police.

(1) Advice was sought from the Western Australia Police Force, which advised that the answer is no. The presence of a child is also relevant to other offences, including those referenced in section 34(3) and 34(5) of the Misuse of Drugs Act 1981.

(2) These amendments were introduced by the former government.