Court Discretion to Decline Drug Trafficker Declarations
Misuse of Drugs Amendment Bill 2025
Private Member's BillLegislative Council
Legislative Assembly
Assent
Introduced by: Dr Brian Walker MLC (LCWA)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The court can refuse to declare a person a drug trafficker; this applies if the court finds the declaration would be clearly unjust.
The court must consider the circumstances of the offence when making this decision.
The court must give reasons for its decision if it declines to make the declaration.
The Debate
What different members said when this bill was debated:
Dr Brian Walker LCWA
“I move: That the bill be now read a second time. It came as a surprise to me when I first entered this place that the Misuse of Drugs Act 1981 had been in force for so long without a major rewrite.”