4New section 34B inserted (Protection of persons seeking emergency assistance for overdose or acute adverse reaction)

1. After section 34A, insert:

   34BProtection of persons seeking or requiring emergency assistance for overdose or acute adverse reaction

   1. This section applies to the following persons (a specified person):

   2. a person who experiences a drug overdose or drug-related acute adverse reaction:
   3. a person who, in good faith, seeks emergency assistance for another person who is experiencing a drug overdose or drug-related acute adverse reaction:
   4. a person (not being a person described in paragraph (a) or (b)) who is at the scene where a drug overdose or drug-related acute adverse reaction occurs and who remains at the scene to offer support or assistance to any person.

   5. No prosecution for an offence specified in subsection (3) may be commenced or continued against a specified person if the evidence in support of that offence was obtained or discovered as a result of—

   6. emergency assistance having been sought for a drug overdose or drug-related acute adverse reaction; or
   7. the person having remained at the scene of a drug overdose or drug-related acute adverse reaction after emergency medial assistance was sought.

   8. Subsection (2) applies to offences against the following sections:

   9. section 7(1)(a):
   10. section 6(1)(c) to (f), and section 7(1)(b), to the extent the supply, administration, or possession is in the context of social sharing of a controlled drug:
   11. section 9, to the extent the cultivation was limited to no more than 2 plants:
   12. section 13:
   13. section 12, to the extent that the offence committed at the premises or on or in the vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance was of a type described in paragraph (a) to (d):

   14. To the extent that, in the circumstances described in subsection (2)(a), a constable has reasonable grounds to believe or to suspect a matter that would authorise a search under sections 20 to 23 of the Search and Surveillance Act 2012, the constable must be treated as not having the grounds that would authorise a search.

   15. In this section,—

       drug-related acute adverse reaction means an unwanted or a harmful physical or psychological reaction—

       1. that is experienced by an individual who has used a controlled drug; and
       2. that is suspected to have arisen from, or to be related to, the use of the controlled drug; and
       3. that a reasonable person would believe requires emergency assistance

       drug overdose means a condition that a reasonable person would believe requires emergency assistance that results from the consumption or use of a controlled drug (by itself or in combination with any other controlled drug or other substance).

       social sharing of a controlled drug—

   16. means gifting or sharing, or offering to gift or share, an amount of a controlled drug (not being an amount over which a controlled drug is presumed to be for supply) between not more than 5 individuals; but
   17. does not include any gifting or sharing for the purpose of either obtaining a material benefit or avoiding a material detriment.