Narcotics Amendment Act

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202006/Narcotics_Amendment_Act_2006_-_Eng.pdf
Published: 2006

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2006, No. 3

AN ACT to amend the Narcotics Act 1967.
[1st March 2006]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

1. Short title and commencement-(1) This Act may be
cited as the Narcotics Amendment Act 2006.
(2) This Act shall come into force on the date of assent of
the Head of State.
(3) Notice of commencement of this Act shall be published
in Samoan and English in the Savali and one other newspaper
circulating in Samoa.
2006, No.3 Narcotics Amendment Act 11

2. Principal Act - In this Act, “Principal Act” means the
Narcotics Act 1967.

3. Interpretation - Section 2 of the Principal Act is
amended by omitting the definition of “Director” and inserting
in subsection (1) in the proper alphabetical position the
following definitions:
“„Chief Executive Officer‟ or „CEO‟ means the Chief
Executive Officer of the Ministry of Health;
„controlled precursor‟ means a substance prescribed by the
Head of State under subsection 5(3);
„controlled quantity‟ in relation to a controlled precursor
means a quantity prescribed by the Head of State under
subsection 5(4) as a quantity that is to be regarded as a
controlled quantity of that controlled precursor;
„trafficable quantity‟ in relation to a narcotic means a
quantity not less than the quantity prescribed by the
Head of State under subsection 5(2) as a trafficable
quantity of that narcotic.”.

4. Head of State may amend lists of narcotics or
prohibited plants - Section 5 of the Principal Act is amended
by adding at the end:

“(2) The Head of State acting on the advice of Cabinet
may by order prescribe in relation to a narcotic, a quantity
that is to be regarded as a trafficable quantity of that
narcotic.
(3) The Head of State acting on the advice of Cabinet
may by order prescribe a substance (including a growing
plant) as a controlled precursor if Cabinet is satisfied that
there is a substantial risk that the substance concerned may
be used to unlawfully manufacture a narcotic substance.
(4) The Head of State acting on the advice of Cabinet
may by order prescribe in relation to a controlled precursor,
a quantity that is to be regarded as a controlled quantity of
that controlled precursor.”.

12 Narcotics Amendment Act 2006, No.3

5. Importation and exportation - Section 10 of the
Principal Act is amended by inserting after subsection (3):

“(3A) No person shall import into Samoa a controlled
quantity of a controlled precursor except under a licence
granted by the CEO.”.

6. Issue of search warrants - Section 14 of the Principal
Act is amended by inserting in subsection (1) “or evidence of
any offence” after “document” last occurring.

7. Penalty for illegal import or export of narcotics - Section 17 of the Principal Act is amended:
(a) by omitting from subsection (1) “a fine not
exceeding $400 or to imprisonment for a term
not exceeding 2 years or to both such fine and
imprisonment” and substituting “:

(a) in the case of a trafficable quantity of a
narcotic - to a fine not exceeding 500
penalty units or to imprisonment for a
term not exceeding 7 years or both; and
(b) in any other case - to a fine not exceeding
100 penalty units or to imprisonment for
a term not exceeding 2 years or both.”;

(b) by omitting from subsection (2) “a fine not
exceeding $400 or to imprisonment for a term
not exceeding 2 years or to both such fine and
imprisonment,” and substituting “:

(a) in the case of a trafficable quantity of a
narcotic - to a fine not exceeding 500
penalty units or to imprisonment for a
term not exceeding 7 years or both; and
(b) in any other case - to a fine not exceeding
100 penalty units or to imprisonment for
a term not exceeding 2 years or both,”.
2006, No.3 Narcotics Amendment Act 13

8. Penalty for unlawful supply or possession of narcotics - Section 18 of the Principal Act is amended -
(a) by omitting subsection (1) and substituting:

“(1) A person who contrary to the provisions of this Act
or the regulations:
(a) deals in or has possession of any narcotic; or
(b) sells, gives, supplies or administers or offers
to sell, give, sell or supply any narcotic to
any person,
commits an offence and is liable to,
(c) in the case of a trafficable quantity of a
narcotic - imprisonment for a term not
exceeding 14 years; and
(d) in any other case - to a fine not exceeding
500 penalty units or to imprisonment for
a term not exceeding 7 years or both.”.
(b) by omitting subsection (2); and
(c) by omitting from the proviso “a fine not exceeding
$200 or to imprisonment for a term not exceeding
3 months or to both such fine and imprisonment”
and substituting “a fine not exceeding 100 penalty
units or to imprisonment for a term not exceeding
2 years or both.”.

9. Insertion of new sections - After section 18 of the
Principal Act the following sections are inserted:

“18A Unlawful manufacture of a narcotic-(1 ) A
person who manufactures a narcotic commits an offence and
is liable to a fine not exceeding 1000 penalty units or to
imprisonment for a term not exceeding 14 years or both.
(2) In this section „manufacture‟ means any process by
which a narcotic is produced (other than the cultivation of a
plant), and includes the following:
(a) the process of extracting or refining a
narcotic;
(b) the process of transforming a substance into
a narcotic.
14 Narcotics Amendment Act 2006, No.3

(3) For the purposes of this section, a person
manufactures a narcotic if the person:
(a) engages in its manufacture; or
(b) exercises control or direction over its
manufacture; or
(c) provides finance for its manufacture.

18B. Unlawful sale of a controlled precursor-(1) A
person who:
(a) sells a controlled quantity of a controlled
precursor believing that the person to
whom it is sold, or another person,
intends to use any of the substance to
manufacture a narcotic; or
(b) manufactures a controlled quantity of a
controlled precursor with the intention of
using any of it to manufacture a narcotic;
or
(c) manufactures a controlled quantity of a
controlled precursor:
(i) with the intention of selling
any of it to another person; and
(ii) believing that the other person
intends to use any of the substance to
manufacture a narcotic; or
(d) possesses a controlled quantity of a
controlled precursor with the intention of
using any of it to manufacture a narcotic,
commits an offence and is liable to a fine not exceeding
1000 penalty units or to imprisonment for a term not
exceeding 14 years or both.
(2) For the purposes of this section, if a person sells,
manufactures or possesses a controlled quantity of a
controlled precursor, the person is taken to have sold or
manufactured or to possess the controlled quantity of the
controlled precursor with the intention that the controlled
precursor be used for the manufacture of a narcotic and the
2006, No.3 Narcotics Amendment Act 15

onus is on the person to prove that the person did not have
that intention.”.

10. Failure to comply with conditions of licence - Section
20 of the Principal Act is amended by adding at the end:

“(2) A person who imports into Samoa a controlled
quantity of a controlled precursor under a licence granted by
the CEO under section 10 must keep accurate records of the
sale, use or other disposal of the precursor and shall upon
request by a police officer or an officer authorised by the
CEO, make those records available for inspection.
(3) A person who fails to keep records required under
subsection (2) or fails to make those records available for
inspection when requested under subsection (2), commits an
offence and is liable to a fine not exceeding 100 penalty
units or to imprisonment for a term not exceeding 2 years or
both.”.

11. Insertion of new sections -After section 25 of the
Principal Act the following sections are inserted:

“25A. Confiscation and forfeiture of tainted
property-(1) Police may seize and detain tainted property
and, upon conviction for the offence, such property is
forfeited to the Government of Samoa and may be disposed
in such way as the Minister acting on the advice of Cabinet
directs.
(2) In this section:
„property‟ includes currency, investments, holdings,
possessions, assets and all other property real or
personal, heritable or moveable including things in
action and other intangible or incorporeal property
wherever situate, whether in Samoa or elsewhere,
and includes any interest in such property;
„tainted property‟, in relation to an offence involving a
narcotic, means –
16 Narcotics Amendment Act 2006, No.3

(a) property that was used, or was intended by
an offender to be used, in relation to the
commission of the offence; or
(b) property that was derived either wholly or in
part by anyone from the commission of
the offence; or (c) property that was derived by anyone from
property mentioned in paragraph (a) or (b);
and includes an amount of money held in an account with a financial institution that represents the value of property mentioned in paragraph (a), (b) or (c) that has been directly or indirectly credited to the account.
(3) For paragraph (2)(a), any property found in the possession of an offender at the time of, or immediately after, the commission of the offence is taken to be property that was used, or was intended by the offender to be used, in relation to the commission of the offence, unless the contrary is established by the offender.
(4) Examples of tainted property for paragraph (2)(c) are:
(a) a house in relation to which a mortgage is
partly or completely discharged using
money obtained during the commission
of the offence, or a mixture of that money
and money unconnected with the offence;
(b) other property purchased using the money
mentioned in paragraph (a);
(c) shares or negotiable instruments bought
using money obtained during the
commission of the offence, or a mixture
of that money and money unconnected
with the offence;
(d) loans, gifts or other transfers or dispositions
to any person using money obtained
during the commission of the offence, or a
mixture of that money and money
unconnected with the offence.
2006, No.3 Narcotics Amendment Act 17

25B. Mandatory reporting of suspicion of illegal use
of a narcotic-(1) If a doctor or nurse reasonably suspects
that a person they are treating has illegally used a narcotic,
the doctor or nurse must as soon as practicable report to a
police officer the name of the person they are treating and
the grounds of their suspicion.
(2) A doctor or nurse who fails to report to a police
officer as required under subsection (1), commits an offence
and is liable to a fine not exceeding 100 penalty units or to
imprisonment for a term not exceeding 2 years or both.”.



_________

The Narcotics Amendment Act 2006 is administered in the
Ministry of Police, Prison and Fire Services