Liability Exemptions and Compliance Powers for Drug-Checking Services
Drugs, Poisons and Controlled Substances Amendment (Pill Testing Pilot for Drug Harm Reduction) Bill 2023
1st House
2nd House
Law
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Authorised officers may enter drug-checking places to check compliance with laws, licences and management protocols.
Clients of drug-checking services are exempt from liability for possession or supply offences, including for substances returned by the service.
Licensees and employees of drug-checking services are exempt from liability for drug possession or supply offences while performing their duties.
Occupiers and users of drug-checking premises are not liable for possession offences related to substances on that land.
People performing drug-checking duties in good faith are exempt from civil liability, though employees remain liable for negligence.
The minimum age for a drug-checking service client is 18 unless otherwise prescribed.
People convicted of serious drug offences, or those with close relatives who have been convicted, are excluded from being directors or executives of a drug-checking service.
Fixed premises drug-checking licensees are authorised to receive, analyse, and destroy substances and provide composition information to clients.