Anderton Jim: Misuse of Drugs Amendment Bill (No 3) — In Committee Third Reading 
Anderton Jim: Misuse of Drugs Amendment Bill (No 3) — In Committee Third Reading 
[Volume:626;Page:21481] 
Hon JIM ANDERTON (Associate Minister of Health) 
: 
 Last night at about 3 minutes to 12 we started this debate and I just want to recap on it for the benefit of members. There are two amendments in my name and some members I think specifically speaking for the National Party have indicated that they would oppose those amendments—that is the indication I got. I want to point out to the National members and to the Committee that those amendments actually clarify the intention that the Health Committee had. If the amendments are not supported some I think rather bizarre consequences will take place. I am not sure the National members fully appreciate that and I would like to run past them again what this issue is about. 
The first amendment on Supplementary Order Paper 377 in my name deals with the fact that this bill is intended to extend the application of customs and excise powers to investigations under the new importation offences involving precursor substances such as ephedrine and pseudoephedrine. A number of other substances are also covered by the proposed new importation and exportation offences in the bill. If we do not pass the amendment on Supplementary Order Paper 377 to rectify the situation that the bill at the moment evidences then the Customs Service will not be able to deal with illicit drug manufacturers who have shown an ability to exploit legal loopholes and change their modus operandi. So I want the National members to seriously consider that if they do not support that amendment they will restrict the powers of the Customs Service to deal with serious drugs. I hardly think that that is what National intends but if it does not support the amendment it will have to stand accused of doing that. 
The second amendment in my name is intended to ensure that the presumption of supply for a drug could be amended by Order in Council and that the associated affirmative resolution procedure could be amended by Parliament. After hearing submissions the Regulations Review Committee was concerned about the extension of this procedure not involving the full scrutiny of Parliament. The Health Committee—which did excellent work on this bill and I thank the members for that—has recommended the following: “We recommend that the ability to amend the presumption of supply level for a controlled drug by Order in Council as proposed in the bill be limited to two circumstances (clause 5). The first is where the classification of the controlled drug is also being changed. We agree that changing this level in tandem with a classification or reclassification would prevent anomalies such as occurred with methamphetamine where the drug was given a Class A classification by Order in Council but the associated presumption of supply change required this bill.” So we had to go through two procedures and delay it. 
I heard members of the National Party say last night that it would take only 12 months. We are talking about situations where young people are actually dying for goodness sake! Coroners are urging Parliament to take action— 
Dr Paul Hutchison 
: On what? 
Hon JIM ANDERTON 
: On the misuse of drugs on the importation of precursors and all sorts of issues surrounding that. The solvent issue is one that I put forward and the committee has kicked it for touch so I will have to go through another process on it. I suggest to members that the bill as drafted does not reflect the recommendation of the select committee. I urge members to think about this: the select committee has recommended something the bill as drafted does not reflect that properly and the commentary when reporting back the bill to the House states that the amendment to clause 5(2) in my name is necessary to rectify the situation. If we do not do that we will have a problem in terms of getting changes to the default supply amount of controlled drugs such as reducing methamphetamine from 56 grams to 5 grams and so. We will have to go through two elongated procedures in order to achieve that. 
I recommend these amendments to the Committee because I am certain they actually reflect what the select committee itself wanted. We have to change the bill in order to bring that about.