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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Amendments tabled since the last publication: NC4-NC6, 12-25 |
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| Psychoactive Substances Bill [Lords], As
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| | This document includes all amendments tabled to date, arranged in the order they |
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| | To move the following Clause— |
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| | | “New Psychoactive Substances – Prevention and Education |
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| | (1) | In section 84(3) of the Education Act 2002 (curriculum foundation subjects for |
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| | the first, second and third key stages), after paragraph (g) there is inserted— |
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| | “(gi) | personal, social and health education. |
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| | (2) | In section 85(4) of the Education Act 2002 (curriculum foundation subjects for |
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| | the fourth key stage), at the end there is inserted “, and |
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| | (d) | personal, social and health education.” |
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| | (3) | In section 74(1) of the Education and Inspections Act 2006, which (when brought |
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| | into force) will substitute a new section 85 in the Education Act 2002, in |
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| | subsection (4) of that substituted section (foundation subjects for the fourth key |
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| | stage), at the end there is inserted “, and |
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| | (d) | personal, social and health education.” |
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| | (4) | Before section 86 of the Education Act 2002 there is inserted— |
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| | “85B | Personal, social and health education |
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| | (1) | For the purposes of this Part, personal, social, health education (“PSHE”) shall |
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| | (a) | education about alcohol and tobacco, illegal recreational drugs and new |
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| | (b) | education about emotional health and well-being and how this can be |
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| | impacted by psychoactive substances; |
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| | (c) | education about individual safety, including risk taking behaviour. |
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| | (2) | The National Curriculum for England is not required to specify attainment targets |
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| | or assessment arrangements for PSHE (and section 84(1) has effect accordingly). |
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| | (3) | The Secretary of State for Education shall set out guidance to schools and |
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| | colleges to ensure that a coherent approach to personal, social, health and |
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| | economic education is developed, including between primary and secondary |
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| | (4) | It is the duty of the governing body and headteacher of any school in which PSHE |
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| | is provided in pursuance of this Part to secure that guidance issued under |
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| | subsection (3) is followed and principles set out in subsections (5) to (6) are |
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| | (5) | The first principle is that information presented in the course of providing PSHE |
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| | should be accurate and balanced. |
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| | (6) | The second principle is that PSHE should be taught in a way that— |
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| | (a) | is appropriate to the ages of the pupils concerned and to their religious |
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| | and cultural backgrounds, and also |
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| | (b) | reflects a reasonable range of religious, cultural and other perspectives. |
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| | (7) | The third principle is that PSHE should be taught in a way that— |
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| | (a) | endeavours to promote equality, |
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| | (b) | encourages acceptance of diversity, and |
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| | (c) | emphasises the importance of both rights and responsibilities. |
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| | (8) | In the exercise of their functions under this Part so far as relating to PSHE, a local |
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| | authority, governing body or headteacher shall have regard to any guidance |
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| | issued from time to time by the Secretary of State.” |
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| | Member’s explanatory statement
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| | This would amend the Education Act to make PHSE, with drugs education including new |
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| | psychoactive substances, a foundation subject in the national curriculum. |
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| | To move the following Clause— |
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| | | “Breach of a premises notice |
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| | (1) | A senior officer or a local authority may issue a notice requiring a premises to |
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| | cease trading if conditions A, B and C are met. |
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| | (2) | Condition A is that the premises has been issued a premises notice under section |
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| | (3) | Condition B is that in the view of the senior officer or a local authority that issued |
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| | the premises notice, the terms of that notice are not being complied with. |
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| | (4) | Condition C is that the senior officer or local authority has made an application |
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| | to an appropriate court for a premises order under section 19 of this Act. |
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| | (5) | A notice issued to a premises under subsection 1 shall cease to have effect when |
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| | a court has considered an application for a premises order in respect of that |
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| | (6) | In a case where a court has decided not to issue a premises order to a premise that |
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| | has been subject to a notice under this section, the court may order the local |
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| | authority or the senior officer’s organisation to pay compensation to the owner of |
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| | the premises in respect of income lost due to the suspension in trading. |
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| | (7) | For the meaning of “senior officer”, see section 12(7).” |
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| | Member’s explanatory statement
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| | This new clause’s intention is to allow a senior officer or local authority to compel a premises to |
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| | stop trading while it applies for a premises order. |
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| To move the following Clause— |
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| | (1) | Within six months of the passing of this Act, the Secretary of State shall consult |
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| | the Advisory Council on the Misuse of Drugs pursuant to the Misuse of Drugs |
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| | Act 1971 with regard to the use of her powers to make regulations under sections |
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| | 7, 10, 22 and 31 of that Act to— |
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| | (a) | delete from Schedule 1 to the Misuse of Drugs Regulations 2001 the |
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| | substances listed in subsection (2), and |
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| | (b) | add those substances to Schedule 2 to the 2001 Regulations. |
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| | (2) | The substances referred to in subsection (1) are— |
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| | Member’s explanatory statement
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| | The intention of this amendment is to re-scheduling Cannabis from a Schedule 1 drug to a Schedule |
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| | 2 drug for the purposes of promoting research into its medical use. |
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| To move the following Clause— |
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| | | “Referral to Advisory Council on the Misuse of Drugs |
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| | (1) | The Ministers shall refer to the Advisory Council on the Misuse of Drugs |
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| | (ACMD) any substance which is, or may be, a psychoactive substance. |
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| | (2) | The ACMD shall advise the Ministers whether the substance is, or appears to the |
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| | ACMD likely to be, misused and of which the misuse is having, or appears to the |
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| | ACMD to be capable of having, harmful effects sufficient to constitute a social |
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| | (3) | For the purposes of this section, “the Ministers” has the same meaning as in |
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| | section 1(4) of the Misuse of Drugs Act 1971 (The Advisory Council on the |
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| To move the following Clause— |
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| | | “Review of the Misuse of Drugs Act 1971 |
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| | (1) | The Secretary of State shall commission an independent evidence-based review |
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| | (a) | the effectiveness of the Misuse of Drugs Act 1971 in reducing the harm |
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| | caused by the misuse of drugs, including social problems connected with |
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| | (b) | the implementation of the Act. |
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| | (2) | The Secretary of State shall lay a copy of a report of the review before both |
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| | Houses of Parliament within one year of the passing of this Act.” |
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| To move the following Clause— |
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| | | “Possession of controlled drugs |
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| | (1) | The Misuse of Drugs Act 1971 is amended as follows. |
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| | (2) | Omit section 5(1) and (2). |
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| | (3) | After section 5 insert— |
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| | “5A | Measures in respect of possession of controlled drugs for personal use |
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| | (1) | Where a person is detained on suspicion of having committed an |
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| | arrestable offence and is found to be in possession of a controlled drug, |
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| | falling within Schedule 2 (Class A drugs) in circumstances which do not |
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| | constitute an offence under section 3 (restriction of importation and |
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| | exportation of controlled drugs) or section 4 (restriction of production |
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| | and supply of controlled drugs), a senior officer or a local authority may |
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| | require the person to attend a drug treatment programme or drug |
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| | (2) | The Secretary of State shall by regulations define “drug treatment |
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| | programme” and “drug awareness programme” for the purposes of this |
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| | (3) | Regulations made under this section must be made by statutory |
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| | (4) | A statutory instrument under this section may not be made unless a draft |
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| | of the instrument has been laid before, and approved by resolution of, |
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| | both Houses of Parliament.”” |
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| Clause 1, page 1, line 3, after “about” insert “reviewing the Misuse of Drugs Act |
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| Clause 1, page 1, line 11, at end insert— |
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| | “(6A) | Section [Control of Cannabis] provides for legal possession and supply of |
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| | cannabis prescribed by a doctor.” |
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| Clause 2, page 1, line 14, after “any” insert “novel” |
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| Clause 2, page 1, line 15, leave out paragraph (a) and insert— |
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| | “(a) | in the opinion of the Advisory Council on the Misuse of Drugs is capable |
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| | of producing a psychoactive effect in a person who consumes it, and |
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| | (aa) | is, or appears to the Advisory Council on the Misuse of Drugs likely to |
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| | be, misused and of which the misuse is having, or appears to them |
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| | capable of having, harmful effects sufficient to constitute a social |
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| Clause 2, page 1, line 16, leave out “and” and insert— |
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| | “(aa) | is not prohibited by the United Nations Drug Conventions of 1961 and |
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| | 1971, or by the Misuse of Drugs Act 1971, but which may pose a public |
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| | health threat comparable to that posed by substances listed in these |
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| | Member’s explanatory statement
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| | This amendment to the definition includes part of the alternative definition of psychoactive |
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| | substances proposed to the Home Affairs Select Committee by the Advisory Council on the Misuse |
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| Clause 3, page 2, line 12, at end insert— |
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| | “(2A) | The Advisory Council on the Misuse of Drugs shall propose to the Secretary of |
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| | State the amendment of Schedule 1 for the purposes of subsection (2)(a) if they |
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| | consider that a substance does not have, or is not capable of having, harmful |
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| | effects sufficient to constitute a social problem.” |
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| Clause 5, page 3, line 9, at end insert— |
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| | “(2A) | It shall be a defence that the person did not supply the substance for gain (whether |
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| Clause 5, page 3, line 15, at end insert— |
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| | “(5) | It is not an offence under this section for a person (“A”) to supply a psychoactive |
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| | substance to person (“B”), where A and B are known to each other and such |
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| | supply is part of an agreement to obtain psychoactive substances for either A’s, |
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| | B’s or both’s own consumption and the supply does not profit person A.” |
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| | Member’s explanatory statement
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| | This amendment avoid one person being criminalised when as part of a group, he is responsible |
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| | for obtaining psychoactive substances for the group where, in effect, each person in the group is |
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| | purchasing for their own consumption. |
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| Clause 6, page 3, line 19, leave out “or C” and insert “, C, D or E” |
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| Clause 6, page 4, line 7, at end insert— |
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| | “(9A) | Condition D is that the offence was committed on or within 100 metres of a |
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| | (9B) | For the purposes of section (9A) “children’s home” has the same meaning as in |
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| | section 1 of the Care Standards Act 2000. |
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| | (9C) | Condition E is that the offender supplied a psychoactive substance to any persons |
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| | who were under the age 18 when the offence was committed.” |
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| Clause 8, page 4, line 38, leave out paragraph (i) |
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| | Member’s explanatory statement
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| | This amendment seeks to exclude from criminalisation those who order psychoactive substances |
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| | over the internet for personal consumption. |
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