In 2005, the Ministerial Council on Drug Strategy referred the legal aspects of drink spiking to SCAG. SCAG in turn asked the then Model Criminal Code Officers Committee (MCCOC) to review the criminal law relating to drink spiking. In July 2006, SCAG agreed to change the name of MCCOC to the Model Criminal Law Officers Committee (MCLOC).

In May 2006, SCAG released a discussion paper by MCCOC for public consultation, last submissions and comments accepted by 9 June 2006.

In its discussion paper, MCCOC examined the extent to which existing offences in Australian jurisdictions criminalise drink spiking as well as the historical basis for relevant criminal provisions in each State and Territory jurisdiction.

The discussion paper also looked at the reforms and various initiatives that have been implemented by States and Territories to date. The discussion paper recommended a drink spiking offence (without further intent).

Discussion Paper – Drink Spiking – May 2006

On 20 July 2007, MCLOC presented its final report on drink and food spiking to SCAG. The report recommended a drink spiking offence and set out model provisions on drink spiking.

Report – Drink and Food Spiking – July 2007