National Amphetamine-Type Stimulant Strategy Background Paper

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122 Tasmania In 2004, strengthened the presumption that possession of a trafficable quantity of a controlled substance is evidence of an intention to sell or traffic the substance. Under the new laws, the presumption of an intent to sell or traffic can only be displaced if the accused proves that he or she had no intention to sell or traffic. The Model Criminal Code Officer Committee had recommended the model serious drug offence provisions be changed in this way and the Standing Committee of Attorneys-General adopted this proposal. In 2005, enacted further reforms including allowing a trafficable quantity of drugs to be made up of a combination of different types of drugs.143 Source: Ministerial Council on Drug Strategy Joint Communiqué 16th May 2007 ‘NATIONAL LEADERSHIP FORUM ON ICE – COMPENDIUM OF JURISDICTIONAL ACHIEVEMENTS’ http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/ publishing.nsf/Content/mcds-16may07-communique A number of consultations highlighted the need for continued legislative reform. Comments included: • Ensuring national legislation is implemented in respect to remediation of clandestine drug laboratory sites; • Ensuring offence and penalty provisions remain appropriate in light of emerging ATS trends and threats, including appropriate coverage of possession and use of precursor chemicals and equipment for the purpose of manufacturing ATS; exposure of children to clandestine laboratories; use of children for trafficking ATS; and sale of ATS to children; • Reviewing the regulations surrounding the sale of devices used for ATS consumption; • Supporting the work of the National Scheduling Committee; and • Ensuring law enforcement has appropriate powers to respond to the ongoing and evolving ATS threat. Considerable concern was expressed at the consultations about the disjunction in legislation across the country and the need to establish consistent, coherent and timely legislation which anticipates emerging issues such as pill presses (used in illicit production) and roadside drug testing. It was noted that different legislative regimes in different states have resulted in uneven response to the principles of the Model Criminal Code and there was a need for all states to adopt the ATS schedules regarding precursors. Many of the consultations highlighted the unintended consequences of legislation. For example, it was suggested that the banning of ‘ice’ pipes may have the effect of diverting users to injecting as the route of administration. This has significant ramification for health outcomes given the prevalence of smoking and the potential number who may divert to injecting. In addition, recommendations from the consultations suggested a need to recognise that creating an enabling environment can be confounded by the law. For example, in the case of injecting users, the application of the law in different jurisdictions is mirrored in the behaviour of police in dealing with drug users and dealers. In some jurisdictions police might not actively pursue users whose behaviour was under control. In other jurisdictions these people could expect to be pursued. Similarly, experience with the criminal justice system can mean loss of employment and other self defining elements in people’s lives, which are critical to rehabilitation and non-offending. One submission noted that:
123 Law enforcement agencies need to work closely with harm reduction agencies and service providers to ensure that law enforcement practices do not have unintended, harmful effects. 6.4 Australian law enforcement Australian law enforcement responses to drugs, including ATS, are guided by the National Drug Strategy (NDS), which emphasises reductions in supply, demand and harm. The 2005- 06 IDDR reported that seizures of illicit drugs at the Australian border were lower than in previous years (Australian Crime Commission, 2007). Domestic seizures of illicit drugs by the AFP also decreased during 2005-06. During this period, AFP and Customs operations directly prevented over one tonne of illicit drugs reaching Australian streets. It is possible that the focus of the AFP and Customs on pre-emptive offshore interdictions resulted in fewer seizures within Australia. Against this, critics of supply reduction argue that crystal methamphetamine and availability of illicit drugs do not appear to have been affected by law enforcement activity. There are however no authoritative or systematic data collections available to support this one way or the other. The 2005-06 IDDR proposed that: • Seizures of MDMA in 2005-06 suggest that criminal groups are attempting to introduce high-quality and high-volume laboratory production of MDMA in Australia. This has been evidenced by the importation of MDMA precursors and the importation of the relevant manufacturing expertise; and • The ability of criminal groups to react flexibly and shift their areas of operation provides ongoing challenges for law enforcement agencies. For example, following record MDMA and precursor seizures in Australia in early 2005, criminal syndicates appear to have diverted their attention away from Australia and towards Indonesia, which was highlighted by the detection of an ATS and MDMA laboratory operating in Indonesia in November 2005 (Australian Crime Commission, 2007). Crystal methamphetamine represents more than 60% of the total weight of ATS detected at the border in the past five years (Australian Crime Commission, 2007). The majority of recent crystal methamphetamine detections have been scatter importations, that is, multiple small importations organised by a single individual/group, generally undertaken with the expectation that individual detections will not attract law enforcement attention (Australian Crime Commission, 2007). Customs is aware of organised syndicates using this methodology, but the extent of links to major organised syndicates has not been determined. The AFP, Customs and the ACC continue to collaborate closely in targeting and responding to instances of illicit ATS and precursor importation. For example, the AFP, Customs and the ACC have recently launched a collaborative project to trial a concept for the development of targets for operational attention, known as the Joint Target Generation Team. The early taskings for the project related to the threat posed by illicit importations of precursor chemicals from China.
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National Amphetamine-Type Stimulant
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ii Acknowledgments This research wo
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iv Table of contents Acknowledgemen
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vi List of tables Table 1.1: Amphet
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viii
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2 The NDS framework and the Law Enf
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4 Table 1.1: Amphetamine-type stimu
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6 particularly on the Pacific Coast
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8 Figure 1.1: MDMA (ecstasy) tablet
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10 a 10-year period. While some of
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12 Figure 1.4: Forms of methampheta
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14 Figure 1.5: Median purity of met
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16 As noted, the route of administr
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18 Chapter 2: Setting the Context T
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20 Figure 2.2: Prevalence of ecstas
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22 19 years (Dunn et al., 2007). Th
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24 The use of MDMA among police det
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26 this survey is conducted with th
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28 models might be useful. On the o
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30 the questionnaire in February 20
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32 2.5 Summary According to the lat
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34 anxiety, agitation, tremor, teet
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36 may be stronger than the link wi
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38 Srisurapanot and colleagues (200
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40 Psychiatric problems appear to o
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42 In 2005, there was a total of 68
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44 The most recent EDRS survey foun
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46 same reasons they use the drugs
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48 Shoptaw and Reback (2007) review
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50 It has also been speculated that
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52 Parental ATS use In addition to
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54 The Minnesota Department of Heal
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56 Chapter 4: Prevention and Harm R
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58 should cover the full range of d
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60 specific drug (Spoth et al., 200
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62 be applied regularly and systema
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64 Strategies targeting vulnerable
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66 Examples of particular periods t
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68 At-risk workplaces There is incr
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70 The consultation forum with Abor
Page 82 and 83: 72 young people was noted in the su
Page 84 and 85: 74 and/or others); mental health ef
Page 86 and 87: 76 of the fact that frequently peop
Page 88 and 89: 78 Sexual risk behaviour is a furth
Page 90 and 91: 80 • Cleaning up; • Transport o
Page 92 and 93: 82 Assessing the risks of illicitly
Page 94 and 95: 84 4.4 Challenges of applying preve
Page 96 and 97: 86 but a number of studies are now
Page 98 and 99: 88 The pack included a video, train
Page 100 and 101: 90 Chapter 5: Treatment and Service
Page 102 and 103: 92 to the occurrence of amphetamine
Page 104 and 105: 94 In relation to the need for spec
Page 106 and 107: 96 These studies replicate earlier
Page 108 and 109: 98 addressed not only the drug user
Page 110 and 111: 100 Research conducted in the subse
Page 112 and 113: 102 users, data that may be general
Page 114 and 115: 104 that limit brain exposure to me
Page 116 and 117: 106 only significant difference was
Page 118 and 119: 108 through the use of antipsychoti
Page 120 and 121: 110 to develop the capacity of the
Page 122 and 123: 112 It was also suggested that link
Page 124 and 125: 114 as new evidence emerges. New ps
Page 126 and 127: 116 border in 2000 (McKetin et al.,
Page 128 and 129: 118 Table 6.1: Number of clandestin
Page 130 and 131: 120 Table 6.2: Examples of domestic
Page 134 and 135: 124 Recommendations from the consul
Page 136 and 137: 126 Although there are a number of
Page 138 and 139: 128 illegal drugs. When incarcerate
Page 140 and 141: 130 heroin) (Payne et al., 2007). I
Page 142 and 143: 132 Some examples of diversion prog
Page 144 and 145: 134 Other research has compared psy
Page 146 and 147: 136 Rehabilitation in Corrections T
Page 148 and 149: 138 Synthetic Drugs measure will im
Page 150 and 151: 140 • Stealing from motor vehicle
Page 152 and 153: 142 criminal offences There continu
Page 154 and 155: 144 • Increase international coll
Page 156 and 157: 146 • Ensuring offence and penalt
Page 158 and 159: 148 Law enforcement agencies are pl
Page 160 and 161: 150 Appendix 1 National consultatio
Page 162 and 163: 152 Appendix 2 Written submissions
Page 164 and 165: 154 Australian Institute of Health
Page 166 and 167: 156 Bowers, J. & Johnson, S. (2003)
Page 168 and 169: 158 Crits-Christoph, P., Siqueland,
Page 170 and 171: 160 Drug & Alcohol Services South A
Page 172 and 173: 162 Halkitis, P.N., Parsons, J.T.,
Page 174 and 175: 164 Hull, P., Rawstorne, P., Zablot
Page 176 and 177: 166 Leek, L., Seneque, D., & Ward,
Page 178 and 179: 168 McKetin, R., McLaren, J., Kelly
Page 180 and 181: 170 NSW Health (2006). Psychostimul
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172 Ressler, K.J., & Nemeroff, C.B.
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174 Small, W., Kerr, T., Charette,
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176 United Nations Office for Drug
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