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Illicit Drugs Control (Amendment) Act 2021

TONGA

ILLICIT DRUGS CONTROL (AMENDMENT) ACT 2021

Act 19 of 2021

Arrangement of Sections

Section
1 Short Title and Interpretation
2 Section 2 amended
3 Section 4 amended
4 Section 5C
5 Schedule 2 amended

AN ACT TO AMEND THE ILLICIT DRUGS CONTROL ACT

I assent,
TUPOU VI,
28th October 2021.

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. Short Title and Interpretation

(1) This Act may be cited as the Illicit Drugs Control (Amendment) Act 2021.

(2) In this Act, the Illicit Drugs Control Act, as amended, shall be referred to as "the Principal Act".

2. Section 2 amended

Section 2 of the Principal Act is amended in the definition of "supply" by deleting the word "and" and replacing it with the word "or".

3. Section 4 amended

Section 4 of the Principal Act is amended –

(a) by deleting the word "or" at the end of sub-paragraph (iii);
(b) by deleting the full stop (.) immediately after sub-paragraph (iv) and replacing it with "; or"; and
(c) by inserting the following new sub-paragraph (v) –

• "(v) in respect of a Class A drug in the quantity of 5 kilograms or more, to life imprisonment.".

4. Section 5C

The Principal Act is amended by inserting the following new section 5C immediately after section 5B –

"5C Offences involving children
(1) Any person who knowingly without lawful excuse, the proof of which shall lie on him -

• (a) supplies an illicit drug to a child;
• (b) administers an illicit drug to a child;
• (c) compels a child to use an illicit drug; or
• (d) engages, employs or uses a child in the import, export, manufacture, cultivation or supply of any illicit drug,

commits an offence and shall be liable upon conviction –

• (i) in respect of a first offence, to a fine not exceeding $500,000 or to imprisonment for any period not exceeding 30 years or both; or
• (ii) in respect of a second offence, to a fine not exceeding $1,000,000 or to imprisonment for any period not exceeding 50 years or both; or
• (iii) in respect of a third or subsequent offence, to be sentenced to life imprisonment.

(2) For the purpose of this section, a child is a person who is under the age of 18 years.

5. Schedule 2 amended

Schedule 2 of the Principal Act is amended by deleting the word "Ephedrime" and replacing it with "Ephedrine".

Passed by the Legislative Assembly this 26th day of August 2021.