Miscellaneous Acts (Drug Misuse and Trafficking) Amendment Act 1985 (NSW)

MISCELLANEOUS ACTS (DRUG MISUSE AND TRAFFICKING)

AMENDMENT ACT 1985 No. 227

JNefri J^0utlj 3^aks

ANNO TRICESIMO QUARTO

ELIZABETHS II REGINS

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Act No. 227, 1985

An Act to amend certain Acts as a consequence of the enactment of the

Drug Misuse and Trafficking Act 1985. [Assented to, 18th December,

1985.]

L

Act No. 227

Miscellaneous Acts (Drug Misuse and Trafficking) Amendment 1985

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

This Act may be cited as the "Miscellaneous Acts (Drug Misuse and Trafficking) Amendment Act 1985".

1.

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Where the day appointed and notified under section 2 (2) of the Firearms and Dangerous Weapons (Amendment) Act 1985 in respect of Schedule 6 (2) (e) to that Act is later than the day appointed and notified under section 2 (2) of the Drug Misuse and Trafficking Act 1985, the amendment made in Schedule 1 to this Act to the Firearms and Dangerous Weapons Act 1973 shall commence on the firstmentioned day.

(3) Except as provided by subsections (1) and (2), this Act shall commence on the day appointed and notified under section 2 (2) of the Drug Misuse and Trafficking Act 1985.

Amendments

Each Act specified in Schedule 1 is amended in the manner specified in that Schedule in relation to that Act.

3.

SCHEDULE 1

(Sec. 3)

AMENDMENTS

Child Welfare Act 1939 No. 17—

Section 72. definition of "Drug"—

Omit "drug of addiction or prohibited drug, as defined in section four of the Poisons Act, 1966, as subsequently amended", insert instead "prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985".

Miscellaneous Acts (Drug Misuse and Trafficking) Amendment 1985

SCHEDULE I—continued

AMENDMENTS—continued

Community Welfare Act 1982 No. 76—

Section 199(1)—

Omit the subsection, insert instead:

(1) In this section—

"drug" means a prohibited plant or prohibited drug within the

meaning of the Drug Misuse and Trafficking Act 1985.

Firearms and Dangerous Weapons Act 1973 No. 38—

Section 6(1) . definition of "prescribed narcotics offence"—

Omit paragraph (a), insert instead:

(a) an offence under the Drug Misuse and Trafficking Act 1985, being an offence committed in respect of a prohibited plant or prohibited drug within the meaning of that Act, other than any such offence declared by regulations made under this Act to be an offence to which this paragraph does not apply; or

Liquor Act 1982 No. 147—

Section	1 2 5 E —
Omit "a prohibited drug or restricted substance within the meaning of the Poisons Act. 1966" wherever occurring, insert instead "a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985".
Listening Devices Act 1984 No. 69—

Section 3(1). definition of "serious narcotics offence"—

Omit "to which section 45A of the Poisons Act, 1966, applies", insert instead "under Division 2 of Part II of the Drug Misuse and Trafficking Act 1985".

Local Government Act 1919 No. 41 —

Section 4751 \ (1)—

Omit "as defined in section 4 (1 ) of the Poisons Act, 1966", insert instead
"within the meaning of the Drug Misuse and Trafficking Act 1985".

4   Act No. 227

Miscellaneous Acts (Drug Misuse and Trafficking) Amendment 198-5

SCHEDULE {—continued

AMENDMENTS—continued

Motor Traffic Act 1909 No. 5—

Section 5 (2), paragraph (a) of the definition of "drug"—

Omit "a drug of addiction or prohibited drug, as defined in section 4 of the Poisons Act, 1966", insert instead "a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985".

Poisons Act 1966 No. 31 —

(1) Section 2—

Omit the section.

(2) (a) Section 4(1). definitions of "Cultivate", "Indian hemp", "Opium", "Owner".

"Prepared opium", "Prohibited drug", "Prohibited plant", "Smoking"—

Omit the definitions.

(b) Section 4(1), definition of "Drug of addiction"— Omit the definition, insert instead:

"Drug of addiction" means any substance specified in Schedule Eight of the

Poisons List.

(c)	Section 4(1), definition of "Substance"— Omit "but does not include any prohibited plant".
(d)	Section 4 (2)— Omit "or any proclamation made under section 3 ! " .
(e)	Section 4 (3), (4)— Omit the subsections.
(3) Section 5 (2)—

Omit ", drugs of addiction, prohibited drugs or prohibited plants", insert instead "or drugs of addiction".

(4) Part IV. heading—

Omit ", PROHIBITED DRUGS AND PROHIBITED PLANTS"

(5) Sections 21, 22, 23—

Omit the sections.

Miscellaneous Acts (Drug Misuse and Trafficking) Amendment 1985

SCHEDULE I—continued

AMENDMENTS—continued

(6) Part IV. Divisions 3. 4—

Omit the Divisions.

(7) (a) Section 43 (1) (a)—

Omit "or prohibited drug or prohibited plant".

(b)	Section 43 (1) (a)— Omit "or drug or any premises on which there are any prohibited plants".
(c)	Section 43 (1) (c)— Omit "or drug or of any prohibited plants".
(d)	Section 43 (1) (d), (e), (3A)— Omit ", drug or plant" wherever occurring.
(e)	Section 43 (4) (b)— Omit ", substance, drug or plant", insert instead "or substance".

(8) Section 4 3 B (1), definition of "prescribed restricted substance"—

Omit the definition of "prohibited substance", insert instead:

"prescribed restricted substance" means a restricted substance prescribed for

the purposes of section 16.

(9) Sections 45A, 4 5 A B —

Omit the sections.

(10) Section 46 (1)—

Omit "or 31".

Registered Clubs Act 1976 No. 31 —

Section	5 4 A —
Omit "a prohibited drug or restricted substance within the meaning of the Poisons Act. 1966" wherever occurring, insert instead "a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985".

6   Act No. 227

Miscellaneous Acts (Drug Misuse and Trafficking) Amendment 1985

SCHEDULE 1—continued

AMENDMENTS—continued

Search Warrants Act 1985 No. 37—

Section 5 (2). definition of "narcotics offence"—

Omit the definition, insert instead:

"narcotics offence" means—

(a) an offence under the Poisons Act 1966. or the regulations thereunder, being an offence committed in respect of—

(i)   a restricted substance prescribed for the purposes of section 16 of that Act; or

(ii) a drug of addiction within the meaning of that Act; or

(b) an offence under the Drug Misuse and Trafficking Act 1985, or the regulations thereunder.

State Drug Crime Commission Act 1985 No. 117—

Section 3 (1), definition of "serious drug offence"—

(a) In paragraph (a), after "referred to", insert "(before the commencement of the Drug Misuse and Trafficking Act 1985)".

(b) After paragraph (a), insert:

(al) an offence under Division 2 of Part II of the Drug Misuse and Trafficking Act 1985, other than an offence which is prescribed for the purposes of this paragraph;

(c) In paragraph (c), after "paragraph (a)", insert ", (al)". (d) In paragraph (d), after "paragraph (a),", insert "(al).".