South Australia bans the bong
10/4/2008

Attorney-General Michael Atkinson today welcomed the Parliament’s passage of legislation that will outlaw the sale of drug paraphernalia in South Australia.

 

Mr Atkinson says the legislation responds to the widespread public concern that paraphernalia intended for use with illicit drugs is freely available from drug-culture shops in South Australia.

 

“Despite the best efforts of the Liberal Party legal affairs spokesman Isobel Redmond and Independent M.P. Kris Hanna to undermine this legislation, the Rann Labor Government has banned the bong,” Mr Atkinson says.

 

Under the legislation, adopted by the Government after originally being introduced by Independent M.L.C. Ann Bressington, offenders who sell drug paraphernalia will face penalties of up to $50,000 or two years imprisonment.

 

The defined paraphernalia under the new laws will be:

  • hookahs;
  • bongs;
  • water pipes;
  • hash pipes;
  • ice pipes; and
  • cocaine kits.

Mr Atkinson says the courts have been consistent in holding that an offence can be established only if the person in possession can be proved beyond reasonable doubt to have intended for the equipment to be used in connection with preparing or consuming an illicit drug, either by themselves or by someone else.

 

“To my knowledge just a handful of cases have been brought against commercial outlets selling drug paraphernalia because of the difficulty of proving that the seller intended the equipment be used in connection with preparing or consuming an illicit drug,” Mr Atkinson says.

 

“This legislation ensures that this does not continue by outlawing the sale of drug paraphernalia by criminalising the intent to sell a range of closely defined implements, rather than equipment generally.

 

“Commercial outlets retailing drug paraphernalia in South Australia will now either have to shut up shop, as Smoke Signals at No. 34 Hindley Street has done, or find another line of business.”

 

Mr Atkinson says criminalising the supply side of the market should restrict the circulation of this paraphernalia and reinforce the message that drug consumption is illegal.