Misuse Of Drugs Act 1990 (NT)
NORTHERN TERRITORY OF AUSTRALIA
MISUSE OF DRUGS ACT 1990
As in force at 20 November 2020
Table of provisions
Part I..................... Preliminary matters
1............... Short title.................................................................................................... 1
2............... Commencement........................................................................................ 1
3............... Interpretation............................................................................................. 1
4............... Act to bind Crown and application......................................................... 8
4A............. Relationship with Hemp Industry Act 2019........................................... 8
4B............. Meaning of drug analogue...................................................................... 8
4C............ Application of Criminal Code................................................................... 9
Part II................... Offences
Division 1............ Supply, cultivation, manufacture and possession
Subdivision 1.... Supply of dangerous drug
5............... Supply of dangerous drug – commercial quantity............................... 9
5A............. Supply of dangerous drug – less than commercial quantity............ 10
5B............. Supply of dangerous drug to child – commercial quantity............... 10
5C............ Supply of dangerous drug to child – less than commercial quantity 11
5D............ Supply of dangerous drug in indigenous community – less than commercial quantity................................................................................................................... 11
5E............. Application of offences........................................................................... 12
Subdivision 2.... Cultivation of prohibited plant and manufacture of dangerous drug
6............... Cultivation of prohibited plant – commercial quantity....................... 12
6A............. Cultivation of prohibited plant – traffickable quantity........................ 12
6B............. Cultivation of prohibited plant – less than traffickable quantity....... 13
6C............ Cultivation of prohibited plant in presence of child – commercial quantity 13
6D............ Cultivation of prohibited plant in presence of child – traffickable quantity 13
6E............. Manufacture of dangerous drug – commercial quantity................... 14
6F............. Manufacture of dangerous drug – less than commercial quantity.. 14
6G............ Manufacture of dangerous drug in presence of child....................... 15
Subdivision 3.... Possession of dangerous drug
7............... Possession of dangerous drug – commercial quantity..................... 15
7A............. Possession of dangerous drug – traffickable quantity...................... 16
7B............. Possession of dangerous drug – less than traffickable quantity..... 16
7C............ Possession of dangerous drug in public place – traffickable quantity 17
7D............ Possession of dangerous drug in public place – less than traffickable quantity 17
Subdivision 4.... Other possession offences
8............... Receiving or possessing tainted property.......................................... 18
8A............. Possession of precursors of dangerous drugs.................................. 19
8B............. Possession of document containing instructions for manufacture of dangerous drug or precursor............................................................................................. 20
8C............ Possession of articles for use in manufacture of dangerous drug or precursor 21
Subdivision 5.... Alternative verdicts
9............... Alternative verdicts................................................................................. 22
Division 1A......... Drug premises orders
Subdivision 1.... Preliminary
11A.......... Definitions................................................................................................ 23
11B.......... Service of notices under this Division................................................. 25
11C.......... Indications that premises used to supply dangerous drugs............ 26
11D.......... Commissioner may apply for order if premises used to supply dangerous drugs................................................................................................................... 28
Subdivision 2.... Record of finding of drugs and warning that order may be made
11E.......... Record and warning of first finding of dangerous drugs on premises 30
11F........... Record and warning of second finding of dangerous drugs on premises 30
11G.......... Record and warning of third finding of dangerous drug on premises 32
Subdivision 3.... Making and revocation of drug premises orders
11H.......... No notice to be given of application for drug premises order.......... 33
11J........... Hearing of applications for orders and revocation of orders........... 33
11K.......... Drug premises order if indications of supply at or from premises.. 33
11L........... Order if indications of supply and 3 findings of dangerous drugs.. 34
11M.......... Duration of drug premises order.......................................................... 35
11N.......... Notice of drug premises order to be given within 7 days................. 35
11P.......... Owner etc. may apply for order to be revoked.................................. 36
11Q.......... Notice to be affixed to drug premises.................................................. 36
Subdivision 4.... Effect of drug premises order
11R.......... Search of drug premises without warrant........................................... 37
11S.......... Offences relating to entry and search of drug premises.................. 38
11SA........ Offence not to give name and address when near drug premises 39
11T........... Restraining orders if breach of the peace.......................................... 39
11U.......... Tenants and residents may be evicted............................................... 40
11V.......... All residents on premises taken to have possession of drug.......... 41
11W......... Commissioner of Police may apply for suspension of liquor licence 41
Division 2............ Other offences
11X.......... Supplying precursor for use in manufacture of dangerous drug.... 41
11Y.......... Theft of dangerous drug........................................................................ 42
12............. Possession of things for administering dangerous drugs................ 42
13............. Self-administering dangerous drug...................................................... 44
14............. Allowing another person to administer dangerous drug................... 44
15............. Display or supply of cocaine kit, water pipe or ice pipe.................... 44
19............. Parties to offences committed outside Territory................................ 46
Part IIA................ Destruction of exhibits
Division 1............ Pre-trial orders
19A.......... Definition.................................................................................................. 47
19B.......... Suspected drug or precursor may be destroyed............................... 47
19C.......... Person from whom drug or precursor seized entitled to have sample analysed or examined................................................................................................. 48
19E.......... Determination of Local Court with respect to destruction on first mention of charge................................................................................................................... 49
19F........... Matters for consideration on determination for retention of dangerous drug 50
19G.......... Adjournment............................................................................................ 50
19H.......... Review of determination for retention of dangerous drug................ 51
19J........... Destruction of dangerous drugs........................................................... 51
19K.......... Use of dangerous drugs for research etc........................................... 51
19M.......... Order on committal for trial................................................................... 51
19N.......... Order on initial hearing of trial.............................................................. 52
19P.......... Seized substances may be destroyed or disposed of...................... 52
19PA........ Entitlement to have substance analysed or examined..................... 53
19PB........ Contaminated objects may be cleaned or disposed of.................... 54
Division 2............ Post-trial orders
19Q.......... Order on appeal...................................................................................... 54
Division 3............ Supplementary
19R.......... Presumption on appeal.......................................................................... 55
19S.......... Return of dangerous drug or precursor to lawful owner................... 55
19T........... Regulations.............................................................................................. 55
19TA........ Service of notices................................................................................... 56
Part IIAB............ Drug detection areas
19U.......... Definitions................................................................................................ 56
19V.......... Senior police officer may authorise special powers in drug detection areas 57
19W......... Restrictions relating to drug detection areas...................................... 57
19X.......... Effect of authorisations.......................................................................... 58
19Y.......... Special powers to stop, detain, search and seize in relation to vehicles and people................................................................................................................... 58
19Z........... Drug detection points............................................................................. 60
19ZA........ Annual report to Minister....................................................................... 60
Part IIB................ Infringement notice offences
20............. Infringement notice offence and prescribed amount payable......... 61
20A.......... When infringement notice may be given............................................ 61
20B.......... Contents of infringement notice........................................................... 61
20C.......... Payment by cheque............................................................................... 62
20D.......... Withdrawal of infringement notice........................................................ 62
20E.......... Application of Part.................................................................................. 63
Part III.................. Miscellaneous
21............. Act to be construed with Criminal Code.............................................. 63
22............. Certain offences may be dealt with summarily.................................. 63
23............. Proceedings for offences....................................................................... 63
24............. Protection of informers........................................................................... 64
25............. Source of information not to be disclosed.......................................... 65
26............. Power to prohibit publication of proceedings..................................... 66
27............. Certain proceedings relating to sentence........................................... 66
28............. Fines......................................................................................................... 67
29............. Analyst's certificate................................................................................. 67
31............. Possession by police officer etc........................................................... 68
32............. Undercover operations.......................................................................... 68
33............. Authorisation to possess, cultivate or manufacture dangerous drug or precursor................................................................................................................... 69
34............. Forfeiture of drugs, precursors etc...................................................... 70
35............. Return of seized items........................................................................... 72
35A.......... Detention for purpose of performing search of body cavities etc... 73
36............. Power of police....................................................................................... 73
36A.......... Declared drug trafficker......................................................................... 74
37............. Penalty guidelines.................................................................................. 75
38............. Penalty for offence involving procurement of young child............... 78
39............. Criminal liability of executive officer of body corporate – evidential burden of proof on defence............................................................................................... 79
40............. Evidentiary............................................................................................... 80
41............. Receiving or possessing some only of property alleged.................. 81
42............. Exemptions.............................................................................................. 81
42A.......... Acquisition................................................................................................ 81
43............. Regulations.............................................................................................. 82
Part IV................. Transitional matters
Division 1............ Acts commencing before 2015
44............. Transitional provision for increased penalty for supplying dangerous drug in indigenous community........................................................................... 82
45............. Transitional provision for Misuse of Drugs Amendment (Methamphetamine) Act 2013................................................................................................... 82
46............. Transitional provision for Misuse of Drugs Amendment Act 2014. 83
Division 2............ Statute Law Amendment (Directors' Liability) Act 2015
47............. Offences – before and after commencement.................................... 83
Division 3............ Misuse of Drugs Amendment Act 2015
48............. Application of amendment..................................................................... 84
Division 4............ Justice Legislation Amendment (Drug Offences) Act 2016
49............. Offence provisions – before and after commencement................... 84
Schedule 1....... Dangerous drugs
Schedule 2....... Other dangerous drugs
Schedule 3....... Infringement notice offences
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
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As in force at 20 November 2020
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MISUSE OF DRUGS ACT 1990
An Act to consolidate and amend the law relating to the misuse of drugs, to make further provision for the prevention of the misuse of drugs, and for other purposes
Part IPreliminary matters
Short title
This Act may be cited as the Misuse of Drugs Act 1990.
Commencement
This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.
Interpretation
(1)In this Act:
analyst means a person who is:
(a) appointed to be an analyst under subsection (8); or
(b) authorised under a law of the Commonwealth, a State or another Territory to issue a certificate or other document relating to a dangerous drug or other substance that is prima facie evidence of the facts alleged in the document.
authorisation, for Part IIAB, see section 19U.
authorised prescriber, see section 5 of the Medicines, Poisons and Therapeutic Goods Act 2012.
child means a person who has not attained the age of 18 years.
commercial quantity, in relation to a dangerous drug, means a quantity or amount equal to or exceeding the quantity or amount of that dangerous drug specified in column 3 of Schedule 1 or 2 opposite to the name of that dangerous drug specified in column 1 of that Schedule.
cultivate, in relation to a plant, includes the following:
(a) plant a seed, seedling or cutting of the plant or transplant the plant;
(b) nurture, tend or grow the plant;
(c) guard or conceal the plant, including against interference or discovery by humans or natural predators;
(d) harvest the plant, including picking any part of the plant or separating any resin or other substance from the plant.
dangerous drug means a Schedule 1 drug or Schedule 2 drug.
Note for definition dangerous drug
See also subsection (2).
dentist means a person registered under the Health Practitioner Regulation National Law:
(a) to practise in the dental profession as a dentist (other than as a student); and
(b) in the dentists division of that profession.
detection dog, see section 19U.
drug analogue, see section 4B.
drug detection area, see section 19U.
electronic drug detection system, see section 19U.
firearm, see section 3(1) of the Firearms Act 1997.
general drug detection, see section 19U.
hulled, in relation to a seed, means a seed from which the outer coat or hull has been removed.
indigenous community means an area prescribed by regulation.
infringement notice, see section 20A(1).
infringement notice offence, see section 20(1).
low THC Cannabis sativa is a Cannabis sativa plant with a concentration of no more than 1% of delta 9-tetrahydrocanabinol in the plant's leaves and flowering heads.
manufacture, in relation to a substance or thing, means any process by which the substance or thing is:
(a) produced, other than by the cultivation of a plant; or
(b) extracted or refined; or
(c) transformed into a different substance.
non-viable, in relation to a seed, means a seed that is not able to germinate.
nurse practitioner means a person:
(a) registered under the Health Practitioner Regulation National Law to practise in the nursing profession (other than as a student); and
(b) whose registration is endorsed as being qualified to practice as a nurse practitioner.
optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student).
permissible Cannabis seeds are seeds of low THC Cannabis sativa that:
(a) contain not more than 0.0005% of tetrahydocannabinol; and
(b) are non-viable and hulled; and
(c) contain only naturally present cannabinoids.
pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student).
place includes a vehicle.
police dog, see section 19U.
possession, in relation to a person, includes being subject to the person's control notwithstanding that the thing possessed is in the custody of another person.
precursor means a substance prescribed by the Regulations as a precursor.
premises includes a structure, building or place (whether built on or not) and any part of a structure, building or place.
prescribed amount, see section 20(2).
produce means:
(a) prepare, package or produce;
(b) offering to prepare, package or produce; or
(c) doing or offering to do an act preparatory to, in furtherance of, or for the purpose of, preparing, packaging or producing.
prohibited plant means:
(a) a plant that is specified in Schedule 1 or 2; or
(b) a plant that is not specified in Schedule 1 or 2 if a part of the plant, or an extract from the plant, is specified in Schedule 1 or 2.
public place includes any highway, premises or place (including water) to which at the material time the public have or are permitted to have access, whether on payment or otherwise, and any vehicle on or in a public place.
reasonably believes means believes on reasonable grounds.
reasonably suspects means suspects on reasonable grounds.
road, see section 19U.
Schedule 1 drug means:
(a) a substance or thing that is specified in Schedule 1; or
(b) a plant that is not specified in Schedule 1 if a part of the plant, or an extract from the plant, is specified in Schedule 1.
Schedule 2 drug means:
(a) a substance or thing that is specified in Schedule 2; or
(b) a plant that is not specified in Schedule 2 if a part of the plant, or an extract from the plant, is specified in Schedule 2.
senior police officer, see section 19U.
supply means:
(a) give, distribute, sell, administer, transport or supply, whether or not for fee, reward or consideration or in expectation of fee, reward or consideration; or
(b) offer to do an act mentioned in paragraph (a); or
(c) do, or offer to do, an act preparatory to, in furtherance of, or for the purpose of, an act mentioned in paragraph (a);
and includes barter and exchange.
traffickable quantity, in relation to a dangerous drug, means a quantity or amount equal to or exceeding the quantity or amount of that dangerous drug specified in column 2 of Schedule 1 or 2 opposite to the name of the dangerous drug specified in column 1 of that Schedule.
vehicle includes any means of transport whatsoever by land, water or through the air.
veterinarian means a registered veterinarian as defined in section 3(1) of the Veterinarians Act 1994.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
(2)In this Act, a reference to a dangerous drug includes a reference to:
(a) a substance which is, in relation to a dangerous drug:
(i)an active principal of that dangerous drug;
(ii)a preparation or mixture of that dangerous drug (which may include a substance that is not a dangerous drug) that contains any proportion of that dangerous drug; or
(iii)a salt of that dangerous drug or active principal,
except where the substance is separately specified in Schedule 1 or 2; and
(b) a substance that is a drug analogue in relation to the dangerous drug, unless the substance is:
(i)a dangerous drug; or
(ii)a Scheduled substance as defined in section 7 of the Medicines, Poisons and Therapeutic Goods Act 2012.
(3)Subject to subsection (3A), for the purposes of determining under this Act whether an amount of a preparation or mixture of substances that contains a dangerous drug is equal to or more than the traffickable quantity or commercial quantity of the dangerous drug, the amount is to be determined as if all of the preparation or mixture were comprised of the dangerous drug.
(3A)If the preparation or mixture contains more than one dangerous drug, subsection (3B) applies.
(3B)If:
(a) all dangerous drugs found in the preparation or mixture are specified in Schedule 1:
(i)the amount for a traffickable quantity is to be determined as if all of the preparation or mixture were comprised of the dangerous drug that, of all the dangerous drugs found, has the least quantity specified opposite it in column 2 of Schedule 1; and
(ii)the amount for a commercial quantity is to be determined as if all of the preparation or mixture were comprised of the dangerous drug that, of all the dangerous drugs found, has the least quantity specified opposite it in column 3 of Schedule 1;
(b) all dangerous drugs found in the preparation or mixture are specified in Schedule 2:
(i)the amount for a traffickable quantity is to be determined as if all of the preparation or mixture were comprised of the dangerous drug that, of all the dangerous drugs found, has the least quantity specified opposite it in column 2 of Schedule 2; and
(ii)the amount for a commercial quantity is to be determined as if all of the preparation or mixture were comprised of the dangerous drug that, of all the dangerous drugs found, has the least quantity specified opposite it, in column 3 of Schedule 2; or
(c) one or more of the dangerous drugs found in the preparation or mixture is specified in Schedule 1 and one or more of the other dangerous drugs found in the preparation or mixture are specified in Schedule 2:
(i)the amount for a traffickable quantity is to be determined as if all of the preparation or mixture were comprised of the dangerous drug that, of all the dangerous drugs found, has the least quantity specified opposite it in column 2 of Schedule 1; and
(ii)the amount for a commercial quantity is to be determined as if all of the preparation or mixture were comprised of the dangerous drug that, of all the dangerous drugs found, has the least quantity specified opposite it in column 3 of Schedule 1.
(4)For this Act, the traffickable quantity or commercial quantity, respectively, of a substance that is a drug analogue is the traffickable quantity or commercial quantity of the dangerous drug in respect of which the drug analogue is a drug analogue.
(5)In this Act, a reference to the use or administration of a dangerous drug includes a reference to the ingestion, injection, inhalation and smoking of a dangerous drug, the inhalation of fumes caused by the heating or burning of a dangerous drug and any other means of introducing a dangerous drug into any part of the body of a person.
(6)For this Act and the Regulations, a person takes part in the supply, cultivation, manufacture or production of a dangerous drug if the person:
(a) takes, or participates in, a step, or causes a step to be taken, in the process of that supply, cultivation, manufacture or production; or
(b) provides or arranges finance for such a step in that process; or
(c) provides the premises in or on which such a step in that process is taken, or suffers or permits such a step in that process to be taken in or on premises of which the person is the owner, lessee or occupier or in the management of which the person participates; or
(d) exercises control or direction over a step in that process.
(7)In this Act a reference to an offence against this Act or a particular provision of this Act shall be read and construed as including an attempt or a conspiracy to commit such an offence.
(7A)In this Act, unless the contrary intention appears, a thing is taken to be connected with, or relate to, an offence if the thing is taken to be a thing connected with, or relating to, an offence under section 116(1) of the Police Administration Act 1978.
(8)The Minister may, by notice in the Gazette, appoint a person to be an analyst for the purposes of this Act.
Act to bind Crown and application
(1)This Act binds the Crown not only in right of the Territory but, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
(2)The provisions of this Act are in addition to, and, except to the extent so provided by this Act, do not derogate from, the provisions of any other Act.
4ARelationship with Hemp Industry Act 2019
(1)This Act does not affect the operation of the Hemp Industry Act 2019 or make unlawful anything done in accordance with that Act.
(2)Without limiting subsection (1), this Act does not apply to processed low THC hemp.
(3)In this section:
low THC hemp, see section 3 of the Hemp Industry Act 2019.
processed low THC hemp means low THC hemp that is:
(a) treated by mechanical, chemical or other artificial means and substantially free of leaves and flowering heads; or
(b) non‑viable if it is seed.
4BMeaning of drug analogue
A drug analogue is a substance, however obtained, that in relation to a dangerous drug is:
(a) a stereo-isomer; or
(b) a structural isomer having the same constituent groups; or
(c) a homologue; or
(d) a chemical derivative formed by a chemical process (for example, conversion of a carboxylic acid to an ester or an amine to an amide); or
(e) a structural modification obtained by the replacement of one or more of the following groups with another such group or groups, where the group is attached to oxygen, nitrogen, sulphur, phosphorus or carbon:
(i)alkoxy, cyclic diether, carbonyl, acyl, carboxylic acid, acyloxy, mono-alkylamino or di-alkylamino groups with up to 6 carbon atoms in any alkyl residue;
(ii)alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the group;
(iii)hydrogen atom, halogen, hydroxy, nitro or amino groups; or
(f) a structural modification obtained in one or more of the following ways:
(i)by the replacement of up to 2 carbocyclic or heterocyclic ring structures with up to 2 different carbocyclic or heterocyclic ring structures;
(ii)by the addition of hydrogen atoms to one or more unsaturated bonds.
4CApplication of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this Act.
Note for section 4C
Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
Part IIOffences
Division 1Supply, cultivation, manufacture and possession
Subdivision 1 Supply of dangerous drug
Supply of dangerous drug – commercial quantity
(1)A person commits an offence if:
(a) the person intentionally supplies, or takes part in the supply of, a substance or thing to another person; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) a commercial quantity of the dangerous drug is supplied.
Maximum penalty:
(a) for the supply of a Schedule 1 drug – imprisonment for 25 years; or
(b) for the supply of a Schedule 2 drug – imprisonment for 14 years.
(2)Absolute liability applies to subsection (1)(c).
5ASupply of dangerous drug – less than commercial quantity
(1)A person commits an offence if:
(a) the person intentionally supplies, or takes part in the supply of, a substance or thing to another person; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) less than a commercial quantity of the dangerous drug is supplied.
Maximum penalty:
(a) for the supply of a Schedule 1 drug – imprisonment for 14 years; or
(b) for the supply of a Schedule 2 drug – 500 penalty units or imprisonment for 5 years.
(2)Absolute liability applies to subsection (1)(c).
5BSupply of dangerous drug to child – commercial quantity
(1)A person who is an adult (the adult) commits an offence if:
(a) the adult intentionally supplies, or takes part in the supply of, a substance or thing to another person; and
(b) the substance or thing is a dangerous drug and the adult is reckless in relation to that circumstance; and
(c) a commercial quantity of the dangerous drug is supplied; and
(d) the other person is a child.
Maximum penalty:
(a) for the supply of a Schedule 1 drug – imprisonment for life; or
(b) for the supply of a Schedule 2 drug – imprisonment for 25 years.
(2)Absolute liability applies to subsection (1)(c) and (d).
5CSupply of dangerous drug to child – less than commercial quantity
(1)A person who is an adult (the adult) commits an offence if:
(a) the adult intentionally supplies, or takes part in the supply of, a substance or thing to another person; and
(b) the substance or thing is a dangerous drug and the adult is reckless in relation to that circumstance; and
(c) less than a commercial quantity of the dangerous drug is supplied; and
(d) the other person is a child.
Maximum penalty:
(a) for the supply of a Schedule 1 drug – imprisonment for life; or
(b) for the supply of a Schedule 2 drug – imprisonment for 14 years.
(2)Absolute liability applies to subsection (1)(c) and (d).
5DSupply of dangerous drug in indigenous community – less than commercial quantity
(1)A person commits an offence if:
(a) the person intentionally supplies, or takes part in the supply of, a substance or thing to another person; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) less than a commercial quantity of the dangerous drug is supplied; and
(d) the dangerous drug is a Schedule 2 drug; and
(e) the dangerous drug is supplied in an indigenous community.
Maximum penalty: Imprisonment for 9 years.
(2)Absolute liability applies to subsection (1)(c), (d) and (e).
5EApplication of offences
Sections 5 to 5D apply in relation to the supply of a dangerous drug:
(a) regardless of whether the drug is supplied to a person in the Territory; or
(b) if the drug is supplied to a person at a place outside the Territory – regardless of whether the supply of the drug to the person constitutes an offence in that place.
Subdivision 2 Cultivation of prohibited plant and manufacture of dangerous drug
Cultivation of prohibited plant – commercial quantity
(1)A person commits an offence if:
(a) the person intentionally cultivates, or takes part in the cultivation of, a plant; and
(b) the plant is a prohibited plant and the person is reckless in relation to that circumstance; and
(c) a commercial quantity of the prohibited plant is cultivated.
Maximum penalty: Imprisonment for 25 years.
(2)Absolute liability applies to subsection (1)(c).
6ACultivation of prohibited plant – traffickable quantity
(1)A person commits an offence if:
(a) the person intentionally cultivates, or takes part in the cultivation of, a plant; and
(b) the plant is a prohibited plant and the person is reckless in relation to that circumstance; and
(c) a traffickable quantity of the prohibited plant is cultivated.
Maximum penalty: Imprisonment for 7 years.
(2)Absolute liability applies to subsection (1)(c).
6BCultivation of prohibited plant – less than traffickable quantity
(1)A person commits an offence if:
(a) the person intentionally cultivates, or takes part in the cultivation of, a plant; and
(b) the plant is a prohibited plant and the person is reckless in relation to that circumstance; and
(c) less than a traffickable quantity of the prohibited plant is cultivated.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2)Absolute liability applies to subsection (1)(c).
6CCultivation of prohibited plant in presence of child – commercial quantity
(1)A person who is an adult commits an offence if:
(a) the person intentionally cultivates, or takes part in the cultivation of, a plant; and
(b) the plant is a prohibited plant and the person is reckless in relation to that circumstance; and
(c) the cultivation occurs in the presence of a child and the person is reckless in relation to that circumstance; and
(d) a commercial quantity of the prohibited plant is cultivated.
Maximum penalty: Imprisonment for life.
(2)Absolute liability applies to subsection (1)(d).
6DCultivation of prohibited plant in presence of child – traffickable quantity
(1)A person who is an adult commits an offence if:
(a) the person intentionally cultivates, or takes part in the cultivation of, a plant; and
(b) the plant is a prohibited plant and the person is reckless in relation to that circumstance; and
(c) the cultivation occurs in the presence of a child and the person is reckless in relation to that circumstance; and
(d) a traffickable quantity of the prohibited plant is cultivated.
Maximum penalty: Imprisonment for 10 years.
(2)Absolute liability applies to subsection (1)(d).
6EManufacture of dangerous drug – commercial quantity
(1)A person commits an offence if:
(a) the person intentionally manufactures, or takes part in the manufacture of, a substance or thing; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) a commercial quantity of the dangerous drug is manufactured.
Maximum penalty:
(a) for the manufacture of a Schedule 1 drug – imprisonment for life; or
(b) for the manufacture of a Schedule 2 drug – imprisonment for 25 years.
(2)Absolute liability applies to subsection (1)(c).
6FManufacture of dangerous drug – less than commercial quantity
(1)A person commits an offence if:
(a) the person intentionally manufactures, or takes part in the manufacture of, a substance or thing; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) less than a commercial quantity of the dangerous drug is manufactured.
Maximum penalty:
(a) for the manufacture of a Schedule 1 drug – imprisonment for 25 years; or
(b) for the manufacture of a Schedule 2 drug – imprisonment for 14 years.
(2)Absolute liability applies to subsection (1)(c).
6GManufacture of dangerous drug in presence of child
(1)A person who is an adult commits an offence if:
(a) the person intentionally manufactures, or takes part in the manufacture of, a substance or thing; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) the manufacture occurs in the presence of a child and the person is reckless in relation to that circumstance; and
(d) a commercial or traffickable quantity of the dangerous drug is manufactured.
Maximum penalty:
(a) for the manufacture of a Schedule 1 drug – imprisonment for life; or
(b) for the manufacture of a Schedule 2 drug – imprisonment for 25 years.
(2)Absolute liability applies to subsection (1)(d).
Subdivision 3 Possession of dangerous drug
Possession of dangerous drug – commercial quantity
(1)A person commits an offence if:
(a) the person intentionally possesses a substance or thing; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) the quantity possessed is a commercial quantity.
Maximum penalty:
(a) for possession of a Schedule 1 drug – imprisonment for 25 years; or
(b) for possession of a Schedule 2 drug – imprisonment for 14 years.
(2)Absolute liability applies to subsection (1)(c).
7APossession of dangerous drug – traffickable quantity
(1)A person commits an offence if:
(a) the person intentionally possesses a substance or thing; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) the quantity possessed is a traffickable quantity.
Maximum penalty:
(a) for possession of a Schedule 1 drug – imprisonment for 7 years; or
(b) for possession of a Schedule 2 drug – 500 penalty units or imprisonment for 5 years.
(2)Absolute liability applies to subsection (1)(c).
7BPossession of dangerous drug – less than traffickable quantity
(1)A person commits an offence if:
(a) the person intentionally possesses a substance or thing; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) the quantity possessed is less than a traffickable quantity.
Maximum penalty:
(a) for possession of a Schedule 1 drug – 200 penalty units or imprisonment for 2 years; or
(b) for possession of a Schedule 2 drug – 50 penalty units.
(2)Absolute liability applies to subsection (1)(c).
7CPossession of dangerous drug in public place – traffickable quantity
(1)A person commits an offence if:
(a) the person intentionally possesses a substance or thing; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) the person possesses the dangerous drug in a public place; and
(d) the quantity possessed is a traffickable quantity.
Maximum penalty:
(a) for possession of a Schedule 1 drug – imprisonment for 14 years; or
(b) for possession of a Schedule 2 drug – imprisonment for 7 years.
(2)Absolute liability applies to subsection (1)(c) and (d).
7DPossession of dangerous drug in public place – less than traffickable quantity
(1)A person commits an offence if:
(a) the person intentionally possesses a substance or thing; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) the person possesses the dangerous drug in a public place; and
(d) the quantity possessed is less than a traffickable quantity.
Maximum penalty:
(a) for possession of a Schedule 1 drug – 500 penalty units or imprisonment for 5 years; or
(b) for possession of a Schedule 2 drug – 200 penalty units or imprisonment for 2 years.
(2)Absolute liability applies to subsection (1)(c) and (d).
Subdivision 4 Other possession offences
Receiving or possessing tainted property
(1)A person commits an offence if:
(a) the person intentionally receives or possesses property other than a dangerous drug; and
(b) the property was obtained directly or indirectly from the commission of:
(i)an offence against Subdivision 1; or
(ii)an act done at a place outside the Territory that:
(A)if it had been done in the Territory, would have constituted an offence against Subdivision 1; and
(B)is an offence under the law in force in the place where it was done; and
(c) the person has knowledge of the circumstance mentioned in paragraph (b).
Maximum penalty: Imprisonment for 25 years.
(2)A person commits an offence if:
(a) the person intentionally receives or possesses property (secondary property); and
(b) the secondary property is, wholly or in part:
(i)property for which other property has been mortgaged, pledged or exchanged; or
(ii)property into which other property has been converted; and
(c) the other property was obtained directly or indirectly from the commission of:
(i)an offence against Subdivision 1; or
(ii)an act done at a place outside the Territory that:
(A)if it had been done in the Territory, would have constituted an offence against Subdivision 1; and
(B)is an offence under the law in force in the place where it was done; and
(d) the person has knowledge of the circumstances mentioned in paragraphs (b) and (c).
Maximum penalty: Imprisonment for 25 years.
(3)For the purpose of proving the receiving of property, it is sufficient to show that the accused person has, either alone or jointly with another person, aided in concealing the property or disposing of it.
8APossession of precursors of dangerous drugs
(1)A person commits an offence if:
(a) the person possesses a substance or thing with the intention that it be used, by the person or another person, in the manufacture of a dangerous drug; and
(b) the substance or thing is a precursor and the person is reckless in relation to that circumstance.
Maximum penalty: Imprisonment for 7 years.
(2)It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) is authorised under this Act to possess the precursor and possesses and uses the precursor in accordance with the conditions, if any, of the authorisation; or
(b) is registered, licensed or otherwise authorised under another Act, or an Act of the Commonwealth, a State or another Territory, to possess the precursor and possesses and uses the precursor in accordance with the conditions, if any, of the registration, licence or authorisation.
(3)The defendant has a legal burden of proof in relation to a matter mentioned in subsection (2).
(4)The Chief Health Officer may in writing authorise a person to possess a precursor for the purposes of research.
(5)An authorisation under subsection (4) is subject to the conditions, if any, specified in the authorisation.
(6)The Regulations may provide for the prohibition or regulation of the cash sale of precursors.
8BPossession of document containing instructions for manufacture of dangerous drug or precursor
(1)A person commits an offence if:
(a) the person intentionally possesses a document; and
(b) the document sets out, or purports to set out, how to manufacture a dangerous drug and the person is reckless in relation to that circumstance; and
(c) the person intentionally possesses equipment, or an implement or other article; and
(d) the equipment, implement or other article has been, or may be, used in the manufacture of a dangerous drug and the person is reckless in relation to that circumstance.
Maximum penalty: Imprisonment for 7 years.
(2)It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) is authorised under this Act to possess the dangerous drug to which the document relates; or
(b) is registered, licensed or otherwise authorised under another Act, or an Act of the Commonwealth, a State or another Territory, to manufacture the dangerous drug to which the document relates; or
(c) had possession of the documents, or the equipment, implement or other article, for a purpose other than assisting in the manufacture of a dangerous drug.
(3)A person commits an offence if:
(a) the person intentionally possesses a document; and
(b) the document sets out, or purports to set out, how to manufacture a precursor and the person is reckless in relation to that circumstance; and
(c) the person intentionally possesses equipment, or an implement or other article; and
(d) the equipment, implement or other article has been, or may be, used in the manufacture of a dangerous drug or precursor and the person is reckless in relation to that circumstance.
Maximum penalty: Imprisonment for 7 years.
(4)It is a defence to a prosecution for an offence against subsection (3) if the defendant:
(a) is authorised under this Act to manufacture the precursor to which the document relates; or
(b) is registered, licensed or otherwise authorised under another Act, or an Act of the Commonwealth, a State or another Territory, to possess the precursor to which the document relates; or
(c) had possession of the documents, or the equipment, implement or other article, for a purpose other than assisting in the manufacture of a dangerous drug or precursor.
(5)The defendant has a legal burden of proof in relation to a matter mentioned in subsection (2) or (4).
(6)In this section, a reference to a document in the possession of a person includes a reference to:
(a) a document that is stored electronically in a computer, or other electronic device, that is in the possession of the person; and
(b) a document that is stored electronically on a computer or other electronic device that is not in the possession of the person if the document is located on an electronic site:
(i)in accordance with the instructions of the person; or
(ii)the electronic address of which is stored on a computer in the possession of the person or on a document in the possession of the person.
8CPossession of articles for use in manufacture of dangerous drug or precursor
(1)A person commits an offence if:
(a) the person intentionally has possession of equipment, or an implement or other article (other than a document); and
(b) the equipment, implement or other article has been, or may be, used in the manufacture of a dangerous drug or precursor, and the person is reckless in relation to that circumstance.
Maximum penalty: Imprisonment for 7 years.
(2)It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) is authorised under this Act to possess a precursor or a dangerous drug and the equipment, implement or article is used or intended to be used for the purpose for which the authorisation was given; or
(b) is registered, licensed or otherwise authorised under another Act, or an Act of the Commonwealth, a State or another Territory, to possess a precursor or a dangerous drug and the equipment, implement or article is used or intended to be used for the purpose for which the registration, licence or authorisation was given; or
(c) had possession of the equipment, implement or article for a purpose other than assisting in the manufacture of a dangerous drug or precursor.
(3)The defendant has a legal burden of proof in relation to a matter mentioned in subsection (2).
Subdivision 5 Alternative verdicts
Alternative verdicts
(1)This section applies if, in a proceeding against a person charged with an offence against a provision mentioned in the following Table (the prosecuted offence), the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person committed the prosecuted offence; but
(b) is satisfied beyond reasonable doubt that the person committed the offence specified in the Table as the alternative offence for the prosecuted offence.
(2)The trier of fact may find the person not guilty of the prosecuted offence but guilty of the alternative offence.
Table Alternative offences
Prosecuted offence
Alternative offence
section 5(1)
section 5A(1)
section 5B(1)
section 5C(1)
section 6(1)
section 6A(1) or 6B(1)
section 6A(1)
section 6B(1)
section 6C(1)
section 6D(1)
section 6E(1)
section 6F(1)
section 7(1)
section 7A(1) or 7B(1)
section 7A(1)
section 7B(1)
section 7C(1)
section 7A(1), 7B(1) or 7D(1)
section 7D(1)
section 7B(1)
Division 1A Drug premises orders
Subdivision 1 Preliminary
11ADefinitions
In this Division:
commercial premises means any land (other than Crown land) on which are situated premises that are not residential premises or liquor licence premises, but does not include premises that are:
(a) used for the purposes of a statutory corporation or a hospital, school or educational facility; or
(b) excluded from this definition by the Regulations.
court means the Local Court.
drug premises means premises in relation to which a drug premises order is in force.
drug premises order means an order made under section 11K or 11L.
landlord:
(a) in relation to residential premises to which the Residential Tenancies Act 1999 applies – has the same meaning as in the Residential Tenancies Act 1999; and
(b) in relation to commercial premises or liquor license premises – has the same meaning as in Part 13 of the Business Tenancies (Fair Dealings) Act 2003,
and includes a person who is a landlord under section 88A(2) of the Residential Tenancies Act 1999.
licensee, see section 4(1) of the Liquor Act 2019.
liquor licence premises means:
(a) premises that are licensed under the Liquor Act 2019 and operating under an authority prescribed by regulation; and
(b) any carpark adjoining those premises that is owned or leased by an owner, landlord or tenant of the premises.
resident, in relation to residential premises, means:
(a) a person who is a tenant in respect of the premises; or
(b) a person who resides on the premises, whether or not intermittently, under a licence or with the permission of a tenant of the premises or another resident of the premises.
residential premises means premises intended or used for occupation as a place of residence and includes the following:
(a) a house, a unit within the meaning of the Unit Titles Acts 1975, a flat or apartment, or a number of units, flats or apartments, on the one lot, that is used or each of which is used for residence and any garden areas to which a resident of any such house, unit, flat or apartment has access;
(b) a caravan or mobile home intended for occupation as a place of residence;
(c) a houseboat or vessel intended for occupation as a place of residence;
(d) residential premises that are owned or leased under the Housing Act 1982;
(e) premises intended or used for occupation as a place of residence that form part of premises that are not used or intended to be used as residential premises;
(f) residential premises specified in section 6 of the Residential Tenancies Act 1999 as premises to which that Act does not apply and residential premises exempted from the application of that Act by regulations made under that Act;
(g) a carpark adjoining residential premises that is owned or leased by an owner, landlord or tenant of the premises.
tenant:
(a) in relation to residential premises – has the same meaning as in the Residential Tenancies Act 1999; and
(ab) in relation to an occupancy under a caravan park agreement as defined in the Caravan Parks Act 2012 – means a resident as defined in that Act; and
(b) in relation to commercial premises or liquor licence premises – has the same meaning as in Part 13 of the Business Tenancies (Fair Dealings) Act 2003,
and includes a person who is a tenant under section 88A(2) of the Residential Tenancies Act 1999.
11BService of notices under this Division
(1)A notice under this Division may be served on a person by:
(a) handing it to the person;
(b) posting it to the person at the person's last known postal address or place of residence or business; or
(c) leaving it for the person at the person's last known place of residence or business with some other person apparently resident or employed there and apparently over the age of 16 years.
(2)A notice under this Division is taken to be served on a person although it is not addressed to a named person if:
(a) it is addressed "to the owner", "to the landlord", "to the tenant" or "to the resident";
(b) it is posted to or left at a place of residence or business; and
(c) the person is an owner, landlord, tenant or resident at that place of residence or business.
11CIndications that premises used to supply dangerous drugs
(1)For the purposes of this Division, the indications that a dangerous drug has been supplied at or from residential premises include the following:
(a) that a police officer was prevented, obstructed or delayed from entering or re-entering the premises;
(b) the presence on the premises or in sight of the premises of a person acting as a lookout;
(c) the presence on the premises of things used in the supply, manufacture or use of a dangerous drug;
(d) the presence on the premises, or in the possession of a person on the premises, of a firearm;
(e) the presence on the premises of documents or records used in connection with the supply or manufacture of a dangerous drug;
(f) amounts of money on the premises that cannot be satisfactorily accounted for by a resident of, or an owner or landlord of, the premises;
(g) the presence at the premises of a person or persons who are, or who appear to be, under the influence of a dangerous drug;
(h) excessive, frequent or suspicious vehicular or pedestrian traffic to or from the premises;
(i) the presence on the premises, or in the vicinity of the premises, of persons known to be involved in the sale or distribution of a dangerous drug;
(j) the presence on the premises of property reasonably suspected of being stolen or of being exchanged in return for a dangerous drug;
(k) that a dangerous drug has been found on the premises on one or more occasions;
(l) if there are other indications – the construction of the premises, or an internal or external door on the premises, involved a device for preventing, delaying or obstructing entry or for giving alarm.
(2)For the purposes of this Division, the indications that a dangerous drug has been supplied at or from commercial or liquor licence premises include the following:
(a) that a police officer was prevented, obstructed or delayed from entering or re-entering the premises by an owner, landlord or tenant of the premises or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises;
(b) the presence of a thing that is used in the supply, manufacture or use of a dangerous drug and that is:
(i)in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii)in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
(c) the presence of a firearm:
(i)in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii)in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
(d) the presence on the premises of documents or records used in connection with the supply or manufacture of a dangerous drug;
(e) amounts of money:
(i)in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, that cannot be satisfactorily accounted for by the person; or
(ii)found in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access, that cannot be satisfactorily accounted for by such a person;
(f) property reasonably suspected of being stolen, or of being exchanged in return for a dangerous drug, being property found:
(i)in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii)in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
(g) that a dangerous drug has been found on the premises on one or more occasions:
(i)in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii)in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
(h) if there are other indications – the construction of the premises, or an internal or external door on the premises, involved a device for preventing, delaying or obstructing entry or for giving alarm.
(3)For the purposes of Subdivision 3, in determining whether a dangerous drug has been supplied at or from residential, commercial or liquor licence premises, the court may take into account indications that do not occur on the premises but that relate to the premises.
11DCommissioner may apply for order if premises used to supply dangerous drugs
(1)The Commissioner of Police may apply to the court for a drug premises order in relation to residential premises if he or she has a reasonable belief that within the 12 month period immediately before the application there have been indications that a dangerous drug has been supplied at or from the premises.
(2)The Commissioner of Police may apply to the court for a drug premises order in relation to commercial premises or liquor licence premises if he or she has a reasonable belief that within the 12 month period immediately before the application there have been indications that a dangerous drug has been supplied at or from the premises by:
(a) an owner, landlord or resident of the premises; or
(b) a person employed by or acting for and on behalf of an owner, landlord or resident of the premises.
(3)The Commissioner of Police may apply to the court for a drug premises order if:
(a) a dangerous drug is found at residential premises on 2 or more separate occasions within 12 months after a record is made under section 11E(1) in relation to the premises; and
(b) he or she is satisfied that dangerous drugs have been supplied at or from the premises to which the application relates.
(4)The Commissioner of Police may apply to the court for a drug premises order if:
(a) a dangerous drug is found at commercial or liquor licence premises:
(i)apparently in the possession of an owner, landlord or tenant of commercial or liquor licence premises or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii)in a room in the premises to which only an owner, landlord or tenant of the premises or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises has access,
on 2 or more separate occasions within 12 months after a record is made under section 11E(3) in relation to the premises; and
(b) he or she is satisfied that dangerous drugs have been supplied at or from the premises to which the application relates.
Subdivision 2 Record of finding of drugs and warning that order may be made
11ERecord and warning of first finding of dangerous drugs on premises
(1)A police officer may make a record in the prescribed form of a dangerous drug being found by the officer at residential premises.
(2)A police officer may serve notice in the prescribed form on each owner, landlord and tenant of residential premises in relation to which a record has been made under subsection (1) if the officer has a reasonable belief that a dangerous drug has been supplied at or from the premises.
(3)A police officer may make a record in the prescribed form of a dangerous drug being found by the officer at commercial or liquor licence premises:
(a) apparently in the possession of an owner, landlord or tenant of the commercial or liquor licence premises or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(b) in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access.
(4)A police officer may serve notice in the prescribed form on:
(a) the licensee of liquor licence premises in relation to which a record has been made under subsection (3) or a person who is taken under the Liquor Act 2019 to be a licensee of the premises for the purpose of that Act; and
(b) each owner, landlord and tenant of premises in relation to which a record has been made under subsection (3),
if the officer has a reasonable belief that a dangerous drug has been supplied at or from the premises.
11FRecord and warning of second finding of dangerous drugs on premises
(1)A police officer may make a record in the prescribed form of a dangerous drug being found by the officer at residential premises on a separate occasion within 12 months after a record is made under section 11E(1) in relation to the premises (the second finding of a dangerous drug).
(2)A police officer may serve notice in the prescribed form on each owner, landlord or tenant of residential premises in relation to which a record has been made under subsection (1) if the officer has a reasonable belief that a dangerous drug has been supplied at or from the premises.
(3)A police officer may make a record in the prescribed form of a dangerous drug being found by the officer at commercial or liquor licence premises on a separate occasion within 12 months after a record is made under section 11E(3) in relation to the premises (the second finding of a dangerous drug).
(4)A police officer may serve notice in the prescribed form on:
(a) the licensee of liquor licence premises in relation to which a record has been made under subsection (3) or a person who is taken under the Liquor Act 2019 to be a licensee of the premises for the purpose of that Act; and
(b) each owner, landlord and tenant of commercial premises or liquor licence premises in relation to which a record has been made under subsection (3),
if the officer has a reasonable belief that a dangerous drug has been supplied at or from the premises.
(5)The form prescribed for the purposes of subsection (2) or (4) is to contain a warning of the second finding of a dangerous drug on the premises to which the form relates and that if a dangerous drug is found:
(a) in those residential premises; or
(b) at those commercial or liquor licence premises:
(i)apparently in the possession of an owner, landlord or tenant of commercial or liquor licence premises or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii)in a room in the premises to which only the owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access,
for a second or subsequent time within 12 months after a record is made under section 11E(1) in relation to the premises, a drug premises order may be made under this Division in relation to the premises.
11GRecord and warning of third finding of dangerous drug on premises
(1)A police officer may make a record in the prescribed form of a dangerous drug being found by the officer at residential premises on the second or any subsequent separate occasion within 12 months after a record is made under section 11E(1) in relation to the premises (the third or subsequent finding of a dangerous drug).
(2)A police officer may serve notice in the prescribed form on each owner, landlord or tenant of residential premises in relation to which a record has been made under subsection (1) if the officer has a reasonable belief that a dangerous drug has been supplied at or from the premises.
(3)A police officer may make a record in the prescribed form of a dangerous drug being found by the officer at commercial or liquor licence premises on the second or any subsequent separate occasion within 12 months after a record is made under section 11E(3) in relation to the premises (the third or subsequent finding of a dangerous drug).
(4)A police officer may serve notice in the prescribed form on:
(a) the licensee of liquor licence premises in relation to which a record has been made under subsection (3) or a person who is taken under the Liquor Act 2019 to be a licensee of the premises for the purpose of that Act; and
(b) each owner, landlord and tenant of commercial premises, or liquor licence premises, in relation to which a record has been made under subsection (3),
if the officer has a reasonable belief that a dangerous drug has been supplied at or from the premises.
(5)The form prescribed for the purposes of subsections (2) and (4) is to contain a warning of the third or subsequent finding of a dangerous drug on the premises to which the form relates and that a drug premises order may be made under this Division in relation to the premises.
Subdivision 3 Making and revocation of drug premises orders
11HNo notice to be given of application for drug premises order
(1)No notice is to be given of an application under section 11D to an owner, landlord, tenant, licensee or resident of the premises in respect of which the application is made.
(2)A court is to determine an application under section 11D in the absence of the owner, landlord, tenants or licensee of the premises to which the application relates.
11JHearing of applications for orders and revocation of orders
(1)For the purposes of this Division, the Local Court is to be constituted by a Local Court Judge.
(2)Evidence in proceedings relating to an application under this Division may be given by way of affidavit.
(3)The hearing of an application under section 11D is to be in camera.
(4)The Commissioner of Police must, at the hearing of an application under section 11D, disclose to the court all matters that are within his or her knowledge that he or she, on reasonable grounds, believes would support an argument against the granting of the application.
(5)A deponent of an affidavit is to be available for cross-examination at a hearing of the making or revocation of a drug premises order.
(6)Section 16 of the Local Court (Civil Procedure) Act 1989 does not apply in relation to an application under section 11D or 11P of this Act.
(7)For the purposes of this Subdivision, the court may make a finding that a dangerous drug has been supplied at or from premises although there has not been a finding of guilt made by the court in relation to the possession or supply of drugs that are found on the premises.
(8)The court may dispense with compliance with a rule of the court if it is of the opinion that it is desirable to do so to expedite the hearing of an application under this Subdivision.
11KDrug premises order if indications of supply at or from premises
(1)On receiving an application under section 11D(1) in relation to residential premises, the court may make a drug premises order declaring the premises to be drug premises if the court is satisfied that the evidence of the indications of supply is sufficient to establish on the balance of probabilities that a dangerous drug has been supplied at or from the premises.
(2)On receiving an application under section 11D(2) in relation to commercial or liquor licence premises, the court may make a drug premises order declaring the premises to be drug premises if the court is satisfied that the evidence of the indications of supply is sufficient to establish on the balance of probabilities that a dangerous drug has been supplied at or from the premises by an owner, landlord or tenant of the premises or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises.
(3)The court must specify in a drug premises order the area of the premises, specified in the application for the order, to which the order relates.
11LOrder if indications of supply and 3 findings of dangerous drugs
(1)The court must make a drug premises order declaring residential premises to which an application under section 11D(3) relates to be drug premises if the court is satisfied that:
(a) a dangerous drug has been found at the premises on 2 or more separate occasions within 12 months after a record is made under section 11E(1) in relation to the premises; and
(b) a dangerous drug has been supplied at or from the premises.
(2)On receiving an application under section 11D(4) in relation to commercial premises or liquor licence premises, the court must make a drug premises order declaring the premises to be drug premises if the court is satisfied that:
(a) a dangerous drug has been found:
(i)apparently in the possession of an owner, landlord or tenant of commercial or liquor licence premises or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii)in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access,
on not less than 2 separate occasions within 12 months after a record is made under section 11E(3) in relation to the premises; and
(b) a dangerous drug has been supplied from the premises.
(3)An order may only be made under subsection (1) or (2) if the court is satisfied that:
(a) records have been made under sections 11E, 11F and 11G of the finding of a dangerous drug on the premises on not less than 3 separate occasions; and
(b) the notices required under those sections to be served on each owner, landlord and tenant of the premises were served on those persons.
(4)The court must specify in an order the area of the premises, specified in the application for the order, to which the order relates.
11MDuration of drug premises order
A drug premises order remains in force for 12 months from the date on which the order is made, unless it is sooner revoked under section 11P.
11NNotice of drug premises order to be given within 7 days
(1)A police officer must make all reasonable attempts to ensure that a copy of the drug premises order is served on each owner, landlord and tenant of the premises to which the order relates within 7 days after the making of an order.
(2)A drug premises order is of no effect until a police officer has served:
(a) a copy of the order; and
(b) a notice in accordance with the prescribed form,
on:
(c) each owner, landlord and tenant of the premises to which the order relates; and
(d) if the premises are liquor licence premises – the licensee of the premises.
(3)A notice under subsection (2)(b) is to specify that a drug premises notice under section 11Q will be affixed to the premises within 7 days after the date on which the notice under subsection (2)(b) is served, unless notice of an application is served under section 11P(2) on the Commissioner by an owner, landlord or tenant of the premises.
(4)Sections 11V and 11W, sections 88A of the Residential Tenancies Act 1999 and section 126 of the Business Tenancies (Fair Dealings) Act 2003 do not apply in relation to drug premises until this section and section 11Q(1) have been complied with.
11POwner etc. may apply for order to be revoked
(1)An owner, landlord or tenant of drug premises may apply to the court for the order to be revoked.
(2)A person who applies to the court under subsection (1) must serve notice of the application on the Commissioner of Police.
(3)The Commissioner of Police may be heard in relation to an application under subsection (1).
(4)The court may revoke a drug premises order if it is satisfied:
(a) on the balance of probabilities that the premises are no longer premises at or from which dangerous drugs are being, or are likely to be, supplied; or
(b) that in the circumstances of the case, including circumstances arising after the making of the order, it would be unjust to keep the order in force.
(5)In determining whether to revoke an order under subsection (4), the court is to have regard to (but is not limited to having regard to) whether or not the residents of the premises have been served with notice to quit under section 88A of the Residential Tenancies Act 1999 or section 126 of the Business Tenancies (Fair Dealings) Act 2003.
(6)An appeal under section 19 of the Local Court (Civil Procedure) Act 1989 to the Supreme Court against the making of a drug premises order may not be lodged unless an application under this section in relation to the premises has been made and has been refused.
11QNotice to be affixed to drug premises
(1)A police officer must affix a notice in the prescribed form and size to the exterior of the premises as close to each entrance to the premises as is practicable.
(2)The notice may only be affixed under subsection (1):
(a) after 7 days after a drug premises order is served under section 11N(2) in relation to the premises; or
(b) if, within 7 days after a drug premises order is served under section 11N(2) in relation to the premises, notice of an application is served under section 11P(2) on the Commissioner by an owner, landlord or tenant of the premises – after the application is determined by the court.
(3)A person commits an offence if:
(a) the person intentionally tampers with, defaces, removes, damages or alters a notice; and
(b) the notice has been affixed to drug premises under subsection (1).
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(4)Absolute liability applies to subsection (3)(b).
Subdivision 4 Effect of drug premises order
11RSearch of drug premises without warrant
(1)A police officer may, without a warrant:
(a) enter into or upon and search drug premises on or in which the officer believes, on reasonable grounds, that any object connected with an offence against this Act is situated; and
(b) search the person of, the clothing that is being worn by, and property in the immediate control of, a person on drug premises who is reasonably suspected by the officer to be carrying anything connected with an offence against this Act.
(2)A police officer may seize any object found by the officer on the premises or a person in the course of a search under subsection (1) if the officer believes on reasonable grounds that the object is connected with an offence against this Act and it is necessary to do so in order to prevent the loss or destruction of the object.
(3)The power to search conferred under subsection (1) authorises a police officer:
(a) to use the reasonable force necessary to break into, enter and search the drug premises; and
(b) to use the reasonable force necessary to open any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, found on or in the drug premises; and
(c) to use the reasonable force necessary to carry out a search of a person under subsection (1)(b).
(4)A search of a female person under subsection (1)(b) must be carried out only:
(a) by a female police officer; or
(b) by a medical practitioner authorised by a police officer to carry out the search; or
(c) if there is neither a female police officer nor a medical practitioner available – by a female person authorised by a police officer to carry out the search.
(5)If a medical practitioner or a female person is authorised under subsection (4) to carry out a search of a female person, the medical practitioner or female person carrying out the search has, for the purposes of that search, the same powers, and is subject to the same protection, as a police officer.
11SOffences relating to entry and search of drug premises
(1)A person commits an offence if:
(a) the person intentionally obstructs another person from entering or attempting to enter premises; and
(b) the premises are drug premises and the person is reckless in relation to that circumstance; and
(c) the other person is a police officer.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2)A person commits an offence if:
(a) a police officer is about to begin, or has begun, a search of drug premises; and
(b) the person intentionally warns, advises or gives an alarm to, or causes a warning, advice or alarm to be given to, another person about the search.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(3)Strict liability applies to subsections (1)(c) and (2)(a).
(4)In this section:
obstruct includes hinder and resist.
11SAOffence not to give name and address when near drug premises
(1)A police officer may request a person to inform the officer of the person's name and address if:
(a) the person is on, or within 200 m of, drug premises; and
(b) the officer reasonably believes the person is associated with the drug premises.
(2)A person to whom a request is made under subsection (1) commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in the person contravening the request and the person is reckless in relation to the result.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
11TRestraining orders if breach of the peace
(1)A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct breaches the peace and the person is reckless in relation to that circumstance; and
(c) the conduct occurs on drug premises.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(1A)Strict liability applies to subsection (1)(c).
(2)A police officer may apply to the Local Court for a restraining order in relation to a person found by a police officer on drug premises if the the officer reasonably believes the person has committed a breach of the peace on the premises.
(3)A copy of an application under subsection (2) is to be served on the person to whom the application relates.
(4)The Local Court may issue a restraining order in relation to a person if it is satisfied on the balance of probabilities that:
(a) the person was on drug premises; and
(b) the person has breached the peace, or caused a breach of the peace, on the premises.
(5)The Local Court may order the person in relation to whom a restraining order is made to enter into a recognizance, with or without sureties, to keep the peace, or be of good behaviour, for the period (of not more than 6 months) that is specified in the order.
(6)The Local Court may order that, if the person in relation to whom the order is made contravenes or fails to comply with an order under this section, the person is to be imprisoned for the period (of not more than 6 months) that is specified in the order.
(7)A person committed into the custody of the Commissioner of Correctional Services because he or she has failed to find a surety under subsection (6) may, in person, or by a person acting on his or her behalf, apply for an order varying the order under which he or she was committed.
(8)The Local Court may, if it appears just, upon new evidence produced or upon proof of a change of circumstances having regard to all the circumstances of the case, make an order:
(a) reducing the amount for which it is proposed the sureties should be bound; or
(b) dispensing with the sureties or surety or otherwise dealing with the case as the court thinks just.
(9)The jurisdiction conferred on the Local Court under this section is part of the Court's criminal jurisdiction.
11UTenants and residents may be evicted
(1)Section 88A of the Residential Tenancies Act 1999 applies to a tenancy agreement within the meaning of that Act in respect of residential premises that are drug premises.
(2)Section 88A of the Residential Tenancies Act 1999 applies to an agreement to permit a person to reside on residential premises that are drug premises as if the agreement were a tenancy agreement within the meaning of that Act.
(3)Section 126 of the Business Tenancies (Fair Dealings) Act 2003 applies in relation to an owner or landlord of commercial or liquor licence premises.
11VAll residents on premises taken to have possession of drug
Evidence that a dangerous drug was found in a room (not primarily used as a bedroom) in residential premises that are drug premises is evidence, in respect of a charge against a resident of the premises who was on the premises at the time the drug was found of having committed an offence against Part II, Division 1, Subdivision 1 or section 6E(1), 6F(1) or 6G(1), that the drug was then in the resident's control.
11WCommissioner of Police may apply for suspension of liquor licence
The Commissioner of Police may apply under section 261 of the Liquor Act 2019 for the suspension of a licence in respect of drug premises.
Division 2Other offences
11XSupplying precursor for use in manufacture of dangerous drug
(1)A person commits an offence if:
(a) the person intentionally supplies a substance or thing to another person (the recipient); and
(b) the substance or thing is a precursor and the person is reckless in relation to that circumstance; and
(c) the recipient intends to use the precursor in the manufacture of a dangerous drug and the person has knowledge of that circumstance.
Maximum penalty: Imprisonment for 10 years.
(2)It is a defence to a prosecution for an offence against subsection (1) if the recipient:
(a) is authorised under this Act to possess a precursor or a dangerous drug that may be manufactured from the precursor; or
(b) is registered, licensed or otherwise authorised under another Act, or an Act of the Commonwealth, a State or another Territory, to possess the precursor.
(3)The defendant has a legal burden of proof in relation to a matter mentioned in subsection (2).
11YTheft of dangerous drug
(1)A person commits an offence if:
(a) the person appropriates a substance or thing with the intention of depriving its owner of the substance or thing; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance.
Maximum penalty:
(a) for appropriation of a Schedule 1 drug – imprisonment for 14 years; or
(b) for appropriation of a Schedule 2 drug – imprisonment for 7 years.
(2)Subsection (1) does not apply in relation to the appropriation of a substance or thing by a person with the reasonable belief that the substance or thing has been lost and its owner cannot be discovered.
(3)In this section:
appropriates, see section 209(1) of the Criminal Code.
deprive, see section 209(1) of the Criminal Code.
Possession of things for administering dangerous drugs
(1)A person commits an offence if:
(a) the person intentionally possesses a thing, other than a hypodermic syringe or needle; and
(b) the thing is a thing used in the administration of a dangerous drug and the person is reckless in relation to that circumstance.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(2)A person, other than a medical practitioner, nurse practitioner, pharmacist or member of a class of persons that is authorised by the Minister for this section, commits an offence if:
(a) the person intentionally supplies a hypodermic syringe or needle to another person, whether or not the other person is in the Territory; and
(b) the syringe or needle is to be used in the administration of a dangerous drug to that or another person and the person is reckless in relation to that circumstance.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(3)It is a defence to a prosecution for an offence against subsection (2) if the defendant obtained the hypodermic syringe or needle from a medical practitioner, nurse practitioner, pharmacist or authorised person mentioned in that subsection for the use of another person in the administration of a dangerous drug to that other person and the defendant supplied it to the other person, in its unused state, as soon as practicable after so obtaining it.
(3A)The defendant has a legal burden of proof in relation to a matter mentioned in subsection (3).
(4)A person in possession of a hypodermic syringe or needle must take all reasonable care and precautions with it so as to avoid danger to the life, safety or health of another person.
(4A)A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in a contravention of subsection (4) and the person is reckless in relation to the result.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(5)A person commits an offence if:
(a) a hypodermic syringe or needle has been used in the administration of a dangerous drug and the person has knowledge of that circumstance; and
(b) the person intentionally disposes of the syringe or needle; and
(c) the disposal is not carried out in the manner prescribed and the person is reckless in relation to that circumstance.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
Penalty for offence involving procurement of young child
(1)This section applies in relation to an offence against this Act that, under section 43BG or 43BH of the Criminal Code, a person is taken to have committed because the person procured a young child to:
(a) commit the offence; or
(b) engage in conduct as mentioned in section 43BH(1)(a) of the Criminal Code.
(2)Despite section 43BG or 43BH of the Criminal Code, the person is liable to a maximum penalty of life imprisonment for the offence.
(3)In this section:
young child means a person who has not attained the age of 14 years.
Criminal liability of executive officer of body corporate – evidential burden of proof on defence
(1)An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2)An offence against subsection (1) is an offence of absolute liability.
(3)It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4)In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i)the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii)the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii)the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5)Subsection (4) does not limit the matters the court may consider.
(6)This section does not affect the liability of the body corporate.
(7)This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8)This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9)In this section:
declared provision means:
(a) Part II, Division 1, Subdivision 1 or 2 or section 8(1) or (2) or 8A(1); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
Evidentiary
(1)In respect of a charge against a person of having committed an offence against this Act:
(a) it is not necessary to particularise the dangerous drug or precursor in respect of which the offence is alleged to have been committed; and
(b) that person is liable to be found guilty as charged notwithstanding that the identity of the dangerous drug or precursor to which the charge relates is not proved to the satisfaction of the court that hears the charge if the court is satisfied that the thing to which the charge relates was at the material time a dangerous drug or precursor; and
(c) proof that a dangerous drug or precursor was at the material time in or on a place of which the person was:
(i)the occupier; or
(ii)concerned in the management or control;
is taken to be proof that the drug or precursor was then in the person's possession unless the person proves that the person then neither knew nor had reason to suspect that the drug or precursor was in or on that place.
(2)In proceedings for an offence against this Act, a certificate purporting to be signed by the Commissioner of Police and stating any of the following matters is prima facie evidence of the matter:
(a) on a specified day, a police officer was a senior police officer;
(b) on a specified day, an area was an authorised drug detection area.
(3)In a prosecution for an offence against section 5D(1), a statement in the complaint or indictment that the place at which the alleged supply occurred, or was to occur, was at the relevant time an indigenous community, is evidence of the matters stated.
Receiving or possessing some only of property alleged
If, in relation to a charge of having committed an offence against section 8, the trier of fact finds specially that the person committed the offence in respect of some, but not all, of the property alleged by the prosecution, the person is not by reason only of the finding entitled to be acquitted or have the charge dismissed but rather must be found guilty of the offence in respect of the property so found.
Exemptions
Despite anything contained in this Act, a person who:
(a) is in possession of a dangerous drug which has been supplied to that person by or on the lawful prescription of an authorised prescriber; or
(b) administers a dangerous drug to another person in accordance with the lawful directions of a medical practitioner, dentist or optometrist,
is not guilty of an offence against this Act.
42AAcquisition
If, but for this section, property is acquired under this Act otherwise than on just terms:
(a) the person from whom the property is acquired is entitled to receive just compensation for the acquisition; and
(b) a court of competent jurisdiction may determine the amount of the compensation or make the orders necessary to ensure that the compensation is on just terms.
Regulations
(1)The Administrator may make regulations under this Act.
(2)The Regulations may provide for the following:
(a) the amendment of a Schedule to this Act to insert a substance or thing into the Schedule and specify, for the substance or thing, the relevant traffickable quantity and commercial quantity;
(ab) the amendment of Schedules 1 and 2 to this Act to:
(i)omit a substance or thing from Schedule 2; and
(ii)insert the substance or thing into Schedule 1 and specify, for the substance or thing, the relevant traffickable quantity and commercial quantity;
(b) notices and the form of such notices to be posted on liquor licensed premises or particular parts of liquor licensed premises for the purposes of this Act;
(c) the safe disposal of hypodermic syringes and needles;
(d) for an offence against the Regulations – a maximum penalty of 17 penalty units.
Part IVTransitional matters
Division 1Acts commencing before 2015
Transitional provision for increased penalty for supplying dangerous drug in indigenous community
To avoid doubt, the amendment of section 5 by the Misuse of Drugs Amendment Act 2008 applies only to an offence committed after the commencement of that Act.
Transitional provision for Misuse of Drugs Amendment (Methamphetamine) Act 2013
(1)Schedules 1 and 2, as amended by the Misuse of Drugs Amendment (Methamphetamine) Act 2013, apply only in relation to offences committed after the commencement of this section (commencement).
(2)Schedules 1 and 2, as in force before commencement, continue to apply in relation to offences committed before commencement.
(3)For this section:
(a) an offence is taken to have been committed after commencement only if all of the conduct constituting the offence occurred after commencement; and
(b) any other offence is taken to have been committed before commencement.
Transitional provision for Misuse of Drugs Amendment Act 2014
(1)This Act, as amended by the Misuse of Drugs Amendment Act 2014, applies only in relation to offences committed after the commencement of this section (commencement).
(2)This Act, as in force before commencement, continues to apply in relation to offences committed before commencement.
(3)For this section:
(a) an offence is taken to have been committed after commencement only if all of the conduct constituting the offence occurred after commencement; and
(b) any other offence is taken to have been committed before commencement.
Division 2Statute Law Amendment (Directors' Liability) Act 2015
Offences – before and after commencement
(1)Section 39, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 25 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2)Section 39, as in force before the commencement:
(a) continues to apply in relation to offences committed by a corporation before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division 3Misuse of Drugs Amendment Act 2015
Application of amendment
(1)Section 40(c), as amended by the Misuse of Drugs Amendment Act 2015, applies only in relation to offences committed after the commencement of section 8 of that Act (the commencement).
(2)Section 40(c), as in force before the commencement, continues to apply in relation to offences committed before the commencement.
(3)For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.
Division 4Justice Legislation Amendment (Drug Offences) Act 2016
Offence provisions – before and after commencement
(1)The offence provisions, as amended by the Justice Legislation Amendment (Drug Offences) Act 2016, apply only in relation to offences committed after the commencement of that Act (the commencement).
(2)The offence provisions, as in force before the commencement, continue to apply in relation to offences committed before the commencement.
(3)For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.
(4)In this section:
offence provisions means the provisions of this Act that create or relate to offences (including in relation to criminal responsibility, defences and penalties).
Schedule 1Dangerous drugs
section 3
| Column 1 | Column 2 | Column 3 |
| Amphetamine | 2.00 g | 40.00 g |
| Heroin | 2.00 g | 40.00 g |
| Ketamine | 0.002 g | 0.10 g |
| Cocaine | 2.00 g | 40.00 g |
| Phencyclidine | 2.00 g | 40.00 g |
| Lysergic acid | 0.002 g | 0.10 g |
| Lysergide | 0.002 g | 0.10 g |
| Methamphetamine | 2.00 g | 40.00 g |
| Methiopropamine | 2.00 g | 40.00 g |
| Methoxetamine | 0.002 g | 0.10 g |
| Methoxyamphetamine | 0.50 g | 25.00 g |
| Methoxyethylenedioxyamphetamine | 0.50 g | 25.00 g |
| Methoxymethamphetamine | 2.00 g | 40.00 g |
| Methoxymethylenedioxyamphetamine (MMDA) | 0.50 g | 25.00 g |
| Methylenedioxyamphetamine (MDA) | 0.50 g | 25.00 g |
| Methylenedioxyethylamphetamine (MDEA) | 0.50 g | 25.00 g |
| Methylenedioxymethamphetamine (MDMA) | 0.50 g | 25.00 g |
Schedule 2Other dangerous drugs
section 3
| COLUMN 1 Substance or thing | COLUMN 2 Traffickable quantity | COLUMN 3 Commercial quantity |
| Acetorphine | 2.00 g | 100.00 g |
| Acetyl-a-methylfentanyl | 0.005 g | 0.25 g |
| Acetyldihydrocodeine, except when compounded with one or more other medicaments: |
|
|
| (a) in divided preparations containing not more than 100 mg of acetyldihyd-rocodeine per dosage unit; or | ||
| (b) in undivided preparations with a concentration of not more than 2.5% of acetyldihydrocodeine | ||
Acetylmethadol | 2.00 g | 100.00 g |
Acetylmorphines | 2.00 g | 100.00 g |
Adamantoylindoles | 50.0 g | 500.00 g |
Adamantylamidoindazoles | 50.0 g | 500.00 g |
Adamantylamidoindoles | 50.0 g | 500.00 g |
Alfentanil | 0.005 g | 0.25 g |
| Alkoxyamphetamines and substituted alkoxyamphetamines except if separately specified in this Schedule |
|
|
| Alkoxyphenethylamines and substituted alkoxyphenylethylamines except if separately specified in this Schedule |
|
|
Alkythioamphetamines | 0.50 g | 25.00 g |
Allylprodine | 2.00 g | 100.00 g |
Alphacetylmethadol | 10.00 g | 500.00 g |
Alphameprodine | 0.20 g | 10.00 g |
Alphamethadol | 0.20 g | 10.00 g |
Alpha-methyltryptamine | 2.00 g | 100.00 g |
Alphaprodine | 25.00 g | 1.25 kg |
| 2-Amino-1-(2,5-dimethoxy-4-methyl) phenylpropane (STP, DOM) |
|
|
| N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4‑fluorobenzyl)-1H-indazole-3-carboxamide (ADB‑FUBINACA) | 50.00 g | 500.00 g |
| N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5‑fluoropentyl)-1H-indazole-3-carboxamide (5‑FLUORO-ADB-PINACA) | 50.00 g | 50.00 g |
| N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (ADB‑PINACA) | 50.00 g | 500.00 g |
| (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1- (5‑fluoropentyl)-1H-indazole-3-carboxamide (5‑FLUORO-AB-PINACA) | 50.00 g | 500.00 g |
| (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (AB‑PINACA) | 50.00 g | 500.00 g |
| N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamide (AB-FUBINACA) | 50.00 g | 500.00 g |
5-(2-Aminopropyl)Benzofuran (5-APB) | 2.00 g | 100.00 g |
6-(2-Aminopropyl)Benzofuran (6-APB) | 2.00 g | 100.00 g |
| 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5‑ADPB) | 2.00 g | 100.00 g |
| 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6‑ADPB) | 2.00 g | 100.00 g |
Amylobarbitone | 20.00 g | 1.00 kg |
Anileridine | 25.00 g | 1.25 kg |
Benzethidine | 10.00 g | 500.00 g |
Benzoylindoles | 50.0 g | 500.00 g |
Benzylmorphine | 5.00 g | 250.00 g |
Benzylpiperazine | 2.00 g | 100.00 g |
Betacetylmethadol | 5.00 g | 250.00 g |
Betameprodine | 5.00 g | 250.00 g |
Betamethadol | 5.00 g | 250.00 g |
Betaprodine | 5.00 g | 250.00 g |
Bezitramide | 5.00 g | 250.00 g |
Bromo‑dimethoxyamphetamine | 0.05 g | 2.50 g |
Bromo‑dimethoxyphenethylamine | 0.50 g | 25.00 g |
| 2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (25B-NBOMe) |
|
|
Bromo-methoxyamphetamine | 0.50 g | 25.00 g |
Bufotenine | 2.00 g | 100.00 g |
Butobarbitone | 20.00 g | 1.00 kg |
Butorphanol | 2.00 g | 100.00 g |
Cannabis oil | 1.00 g | 25.00 g |
Cannabis plant | not less than 5 nor more than 19 plants | not less than 20 plants |
| Cannabis plant material (being any part of the Cannabis plant, including the flowering or fruiting tops, leaves, stalks and seeds) other than permissible Cannabis seeds |
|
|
Cannabis resin | 10.00 g | 100.00 g |
| Cannabis seed, other than permissible Cannabis seeds | 10.00 g | 100.00 g |
Cathinone | 2.00 g | 100.00 g |
| 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (25C-NBOMe) |
|
|
Clonitazene | 5.00 g | 250.00 g |
Coca Leaf | 250.00 g | 5.00 kg |
| Codeine except when compounded with one or more other medicaments: (a) in divided preparations containing 30 mg or less of codeine per dosage unit; or (b) in undivided preparations containing 1% or less of codeine |
|
|
Codeine-N-oxide | 10.00 g | 500.00 g |
Codoxime | 10.00 g | 500.00 g |
| Concentrate of Poppy Straw (the material arising when poppy straw has entered into a process for concentration of its alkaloids) |
|
|
CUMYL-PeGACLONE (SGT-151) | 50.00 g | 500.00 g |
| 4-Cyano-2-dimethylamino-4, |
|
|
| 4-Cyano-1-methyl-4-phenylpiperidine (Pethidine intermediate A) |
|
|
Cyclobarbitone | 20.00 g | 1.00 kg |
| 1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (RCS-8) |
|
|
Cyclohexylphenols | 50.0 g | 500.00 g |
Cyclopropanoylindoles | 50.0 g | 500.00 g |
Desomorphine | 2.00 g | 100.00 g |
Dextromoramide | 2.00 g | 100.00 g |
| Dextropropoxyphene, except when: (a) in divided preparations containing 135 mg or less of dextropropoxyphene per dosage unit; or (b) in liquid preparations containing 2.5% or less of dextropropoxyphene | 27.00 g | 1.35 kg |
Diampromide | 5.00 g | 250.00 g |
| 3,4-dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl] benzamide (AH-7921) | 2.00 g | 100.00 g |
Diethylthiambutene | 5.00 g | 250.00 g |
N,N-Diethyltryptamine (DET) | 2.00 g | 100.00 g |
| Difenoxin, except in preparations containing, per dosage unit. 0.5 mg or less of difenoxin and a quantity of atropine sulphate equivalent to at least 5% of the dose of difenoxin |
|
|
| Dihydrocodeine, except when compounded with one or more other medicaments: (a) in divided preparations containing not more than 100 mg of dihydrocodeine per dosage unit; or (b) in undivided preparations with a concentration of not more than 2.5% of dihydrocodeine |
|
|
Dihydromorphine | 10.00 g | 500.00 g |
Dimenoxadol | 10.00 g | 500.00 g |
Dimepheptanol | 10.00 g | 500.00 g |
Dimethoxyamphetamine | 0.50 g | 25.00 g |
Dimethoxyethoxyamphetamine | 0.50 g | 25.00 g |
Dimethoxyethylamphetamine | 0.50 g | 25.00 g |
Dimethoxymethamphetamine | 0.50 g | 25.00 g |
Dimethoxymethylenedioxyamphetamine | 0.50 g | 25.00 g |
Dimethoxyphenethylamine | 0.50 g | 25.00 g |
| 2-(2,5-dimethoxyphenyl)-N-(2‑methoxybenzyl)ethanamine (25H–NBOMe) | 0.50 g | 25.00 g |
Dimethyamylamine (DMAA) | 2.00 g | 100.00 g |
| 3-(2-Dimethylaminoethyl)-4-hydroxyindole (Psilocine, Psilotsin) |
|
|
| 3-(1,2-Dimethylheptyl)-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo (b,d)pyran (DMHP) |
|
|
Dimethylthiambutene | 20.00 g | 1.00 kg |
N,N,-Dimethyltryptamine (DMT) | 2.00 g | 100.00 g |
Dioxaphetyl Butyrate | 2.00 g | 100.00 g |
| Diphenoxylate, except in preparations containing, per dosage unit, 2.5 mg or less of diphenoxylate and a quantity of atropine sulphate equivalent to at least 1% of the dose of diphenoxylate |
|
|
Dipipanone | 10.00 g | 500.00 g |
Drotebanol | 2.00 g | 100.00 g |
Ecgonine | 10.00 g | 1.00 kg |
Ethylamphetamine | 2.00 g | 100.00 g |
| 4,5-Ethylenedioxy-3-methoxyamphetamine |
|
|
Ethylmethylthiambutene | 10.00 g | 500.00 g |
| Ethylmorphine, except when compounded with one or more other medicaments: (a) in divided preparations containing not more than 100 mg of ethylmorphine per dosage unit; or (b) in undivided preparations with a concentration of not more than 2.5% of ethylmorphine |
|
|
Eticyclidine (PCE) | 2.00 g | 100.00 g |
Etonitazene | 5.00 g | 250.00 g |
Etorphine | 5.00 g | 250.00 g |
Etoxeridine | 5.00 g | 250.00 g |
Fenetylline | 2.00 g | 100.00 g |
Fentanyl | 0.005 g | 0.25 g |
5-fluoro-AB-P7AICA | 50.00 g | 500.00 g |
5-fluoro CUMYL-P7AICA | 50.00 g | 500.00 g |
Fluorofentanyl | 0.005 g | 0.25 g |
Fluoromethcathinone | 2.00 g | 100.00 g |
| (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl) methanone (XLR11) |
|
|
| 1-(5-fluoropentyl)-N-(1-methyl-1-phenylethyl)-1H-indazole-3-carboxamide (5-FLUORO-CUMYL-PINACA) |
|
|
| 1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694) |
|
|
| 1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (AM-2201) |
|
|
Furethidine | 1.00 g | 50.00 g |
Harmaline | 2.00 g | 100.00 g |
Harmine | 2.00 g | 100.00 g |
| 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo(b,d)pyran (Parahexyl) |
|
|
| 1-Hexyl-3-(1-naphthoyl)indole (JWH-019) |
|
|
Hydrocodone | 2.00 g | 100.00 g |
Hydromorphinol | 2.00 g | 100.00 g |
Hydromorphone | 2.00 g | 100.00 g |
| 2-[(1R,3S)-3-Hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol (Cannabicyclohexanol or CP 47,497 C8 homologue) |
|
|
| 2-[(1R,3S)-3-Hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (CP 47,497) |
|
|
Hydroxyfentanyl | 0.005 g | 0.25 g |
| 9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6A,7,10,10A-tetrahydrobenzo[c]chromen-1-ol |
|
|
Hydroxymethylfentanyl | 0.005 g | 0.25 g |
Hydroxypethidine | 5.00 g | 250.00 g |
4-Hydroxybutanoic acid | 2.00 g | 100.00 g |
| 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (25I-NBOMe) |
|
|
Isomethadone | 2.00 g | 100.00 g |
Ketobemidone | 2.00 g | 100.00 g |
Khat leaf | 250.00 g | 5.00 kg |
Levomethorphan | 2.00 g | 100.00 g |
Levomoramide | 2.00 g | 100.00 g |
Levophenacylmorphan | 2.00 g | 100.00 g |
Levorphanol | 1.00 g | 50.00 g |
Mecloqualone | 60.00 g | 3.00 kg |
Metazocine | 7.00 g | 350.00 g |
Methadone | 2.00 g | 100.00 g |
Methanandamide | 50.00 g | 500.00 g |
Methaqualone | 50.00 g | 2.50 kg |
Methcathinone | 2.00 g | 100.00 g |
5-methoxy-N,N-diallyltryptamine | 2.00 g | 100.00 g |
| 5-methoxy- α -methyltryptamine (5-MeO-AMT) | 2.00 g | 100.00 g |
| Methoxyethylenedioxyphenylethylamine | 0.50 g | 25.00 g |
Methoxymethylenedioxyphenethylamine | 0.50 g | 25.00 g |
| 4-Methoxyphenyl(1butyl-1h-indol-3-yl)-methanone (RCS-4 (C4)) |
|
|
| 2-(4-Methoxyphenyl)-1-(1-pentyl-1h-indol-3-yl)-ethanone (JWH-201) |
|
|
| 2-(2-Methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-250) |
|
|
| 2-(3-Methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone (JWH‑302) |
|
|
Methoxyphenylethylamine | 0.50 g | 25.00 g |
| α-methylamino-valerophenone (pentedrone) | 2.00 g | 100.00 g |
| Methylenedioxymethcathinone (methylone) | 2.00 g | 100.00 g |
Methylenedioxypyrovalerone (MDPV) | 2.00 g | 100.00 g |
| 2-Methyl-3-morpholino-1,1-diphenylpropane Carboxylic Acid (Moramide intermediate) |
|
|
| 1-Methyl-4-phenylpiperidine-4-carboxylic acid (Pethidine intermediate C) |
|
|
| 1-Methyl-4-phenyl-4-propionoxypiperidine (MPPP) |
|
|
Methyldesorphine | 2.00 g | 100.00 g |
Methyldihydromorphine | 2.00 g | 100.00 g |
Methylfentanyl | 0.005 g | 0.25 g |
Methylmethcathinone | 2.00 g | 100.00 g |
Methylphenidate | 2.00 g | 100.00 g |
Methylthiofentanyl | 0.005 g | 0.25 g |
Metopon | 2.00 g | 100.00 g |
Morpheridine | 2.00 g | 100.00 g |
Morphine | 2.00 g | 100.00 g |
Morphine Methobromide | 2.00 g | 100.00 g |
Morphine-N-oxide | 2.00 g | 100.00 g |
| (1-(2-Morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone (JWH-200) |
|
|
Muscimol | 2.00 g | 100.00 g |
Myrophine | 20.00 g | 1.00 kg |
| N-adamantyl-1-fluoropentylindole-3-Carboxamide (STS-135) |
|
|
| N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (AKB48) |
|
|
| 1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl) indole (AM‑1248) |
|
|
Nabilone | 0.40 g | 20.00 g |
| Naphthalen-1-yl-(1-butylindol-3-yl)methanone |
|
|
| Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (NM2201) |
|
|
| N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide (NNEI) | 50.00 g | 500.00 g |
Naphthoylindoles | 50.0 g | 500.00 g |
Naphthoylpyrroles | 50.0 g | 500.00 g |
Naphthylmethylindenes | 50.0 g | 500.00 g |
Naphthylmethylindoles | 50.0 g | 500.00 g |
| Nicocodine, except when compounded with one or more other medicaments: (a) in divided preparations containing not more than 100 mg of nicocodine per dosage unit; or (b) in undivided preparations with a concentration of not more than 2.5% of nicocodine |
|
|
| Nicodicodine, except when compounded with one or more other medicaments: (a) in divided preparations containing not more than 100 mg of nicodicodine per dosage unit; or (b) in undivided preparations with a concentration of not more than 2.5% of nicodicodine |
|
|
Nicomorphine | 2.00 g | 100.00 g |
Noracylmethadol | 2.00 g | 100.00 g |
| Norcodeine, except when compounded with one or more other medicaments: (a) in divided preparations containing not more than 100 mg of norcodeine per dosage unit; or (b) in undivided preparations with a concentration of not more than 2.5% of norcodeine |
|
|
Norlevorphanol | 2.00 g | 100.00 g |
Normethadone | 5.00 g | 250.00 g |
Normorphine | 20.00 g | 1.00 kg |
Norpipanone | 10.00 g | 500.00 g |
| Opium in any form, except the alkaloids noscapine and papaverine |
|
|
Oxycodone | 5.00 g | 250.00 g |
Oxymorphone | 2.00 g | 100.00 g |
Parahexyl | – | – |
Pentazocine | 20.00 g | 1.00 kg |
Pentobarbitone | 20.00 g | 1.00 kg |
| 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398) |
|
|
| 1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH-203) |
|
|
| 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210) |
|
|
| 1-Pentyl-1h-indol-3-yl-(1-naphthoyl)menthane |
|
|
| 1-Pentyl-3-[(4-methoxy)-benzoyl]indole (RCS-4) |
|
|
| 1-Pentyl-3-(4-methoxynaphthoyl)indole (JWH-081) |
|
|
| 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122) |
|
|
| 1-Pentyl-3-(1-naphthoyl)indole (JWH-018) |
|
|
| (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR144) |
|
|
Pethidine | 10.00 g | 500.00 g |
Phenadoxone | 10.00 g | 500.00 g |
Phenampromide | 10.00 g | 500.00 g |
Phenazocine | 1.00 g | 50.00 g |
Phendimetrazine | 5.00 g | 250.00 g |
Phenmetrazine | 5.00 g | 250.00 g |
Phenomorphan | 5.00 g | 250.00 g |
Phenoperidine | 1.00 g | 50.00 g |
Phenylacetylindoles | 50.0 g | 500.00 g |
| 1-Phenylethyl-4-phenyl-4-acetoxypiperidine (PEPAP) |
|
|
| 4-Phenylpiperidine-4-carboxylic Acid Ethyl Ester (Pethidine intermediate B) |
|
|
| Pholcodine, except when compounded with one or more other medicaments: (a) in divided preparations containing not more than 100 mg of pholcodine per dosage unit; or (b) in undivided preparations with a concentration of not more than 2.5% of pholcodine |
|
|
Piminodine | 10.00 g | 500.00 g |
Piritramide | 1.00 g | 50.00 g |
Pravadoline (WIN 48098) | 50.00 g | 500.00 g |
Proheptazine | 1.00 g | 50.00 g |
| Prohibited plant, other than elsewhere described in this Schedule | not less than 5 nor more than 19 plants | not less than 20 plants |
Properidine | 25.00 g | 1.25 kg |
Propiram | 10.00 g | 500.00 g |
| 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015) |
|
|
Psilocybin and its derivatives | 0.10 g | 5.00 g |
Pyrrolidinobutiophenone | 2.00 g | 100.00 g |
Pyrrolidinopentiophenone | 2.00 g | 100.00 g |
Pyrrolidinopropiophenone | 2.00 g | 100.00 g |
Quinalbarbitone | 20.00 g | 1.00 kg |
Racemethorphan | 2.00 g | 100.00 g |
Racemoramide | 2.00 g | 100.00 g |
Racemorphan | 2.00 g | 100.00 g |
Rolicyclidine (PHP, PCPY) | 2.00 g | 100.00 g |
| Salvia Divinorum, including extracts and other substances structurally derived from Salvia Divinorum |
|
|
Secbutobarbitone | 20.00 g | 1.00 kg |
Sufentanil | 0.005 g | 0.25 g |
Tenocyclidine (TCP) | 2.00 g | 100.00 g |
| Tetrahydrocannabinols and their alkyl homologues except: | ||
| (a) if separately specified in this Schedule; or | ||
(b) in hemp seed oil: | ||
| (i) containing more than 10 and not more than 50 mg/kg or less of tetrahydrocannabinols, when labelled "Not for internal use" or "Not to be taken"; or | ||
| (ii) containing not more than 10 mg/kg of tetrahydrocannabinols; or | ||
| (c) in products for purposes other than internal human use containing 50 mg/kg or less of tetrahydrocannabinols; or | ||
| (d) in products made from permissible Cannabis seeds and intended for human consumption as a food that contain not more than 5 mg/kg of tetrahydrocannabinols; or | ||
| (e) in products made from permissible Cannabis seeds and intended for human consumption as a beverage that contain not more than 2 mg/kg of tetrahydrocannabinols. | ||
Tetramethoxyamphetamine | 0.50 g | 25.00 g |
Thebacon | 2.00 g | 100.00 g |
Thebaine | 2.00 g | 100.00 g |
Thiofentanyl | 0.005 g | 0.25 g |
Tilidine | 20.00 g | 1.00 kg |
| Trifluoromethylphenylpiperazine and other piperazine derivatives |
|
|
Trimeperidine | 10.00 g | 500.00 g |
Trimethoxyamphetamine | 0.50 g | 25.00 g |
| Trimethoxyphenethylamine (mescaline) and other substances structurally derived from methoxy-phenylethylamine, except: (a) methoxyphenamine; or (b) where separately specified in this Schedule |
|
|
Trimethoxyphenyl-aminobutane | 0.50 g | 25.00 g |
| Anabolic Steroids: |
|
|
| Testosterone propionate except anabolic steroids in products packaged for ovulation control or in quantities which can lawfully be prescribed as a Schedule 4 substance under the Medicines, Poisons and Therapeutic Goods Act 2012 | 12.00 g | 600.00 g |
Schedule 3Infringement notice offences
section 20(1), definition infringement notice offence, paragraph (b)
| Dangerous Drug | Quantity |
| Cannabis oil | 1.00g |
| Cannabis plant material (being any part of the Cannabis plant, including the flowering or fruiting tops, leaves, stalks and seeds) other than permissible Cannabis seeds |
|
| Cannabis resin | 10.00g |
| Cannabis seed, other than permissible Cannabis seeds | 10.00g |
ENDNOTES
KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
LIST OF LEGISLATION
| Misuse of Drugs Act 1990 (Act No. 15, 1990) | ||
| Assent date | 12 April 1990 | |
| Commenced | 1 November 1990 (Gaz G40, 10 October 1990, p 3) | |
| Statute Law Revision Act 1990 (Act No. 33, 1990) | ||
| Assent date | 11 June 1990 | |
| Commenced | 11 June 1990 | |
| Misuse of Drugs Amendment Act 1992 (Act No. 11, 1992) | ||
| Assent date | 21 April 1992 | |
| Commenced | 10 June 1992 (Gaz G23, 10 June 1992, p 3) | |
| Misuse of Drugs Amendment Act 1992 (Act No. 44, 1992) | ||
| Assent date | 7 September 1992 | |
| Commenced | 20 May 1992 (s 2) | |
| Statute Law Revision Act 1993 (Act No. 6, 1993) | ||
| Assent date | 18 March 1993 | |
| Commenced | 18 March 1993 | |
| Misuse of Drugs Amendment Act 1994 (Act No. 56, 1994) | ||
| Assent date | 22 September 1994 | |
| Commenced | 7 November 1994 (Gaz G44, 2 November 1994, p 3) | |
| Amendment of Misuse of Drugs Regulations (SL No. 15, 1995) | ||
| Notified | 10 May 1995 | |
| Commenced | 10 May 1995 | |
| Statute Law Revision Act 1995 (Act No. 14, 1995) | ||
| Assent date | 23 June 1995 | |
| Commenced | 23 June 1995 | |
| Misuse of Drugs Amendment Act 1996 (Act No. 4, 1996) | ||
| Assent date | 20 March 1996 | |
| Commenced | 1 July 1996 (Gaz S15, 13 June 1996) | |
| Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996) | ||
| Assent date | 19 April 1996 | |
| Commenced | s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996) | |
| Statute Law Revision Act 1996 (Act No. 42, 1996) | ||
| Assent date | 17 September 1996 | |
| Commenced | 17 September 1996 | |
| Statute Law Revision Act 1997 (Act No. 17, 1997) | ||
| Assent date | 11 April 1997 | |
| Commenced | 1 May 1997 (Gaz G17, 30 April 1997, p 2) | |
| Misuse of Drugs Amendment Act 1999 (Act No. 21, 1999) | ||
| Assent date | 5 May 1999 | |
| Commenced | 5 May 1999 | |
| Sentencing of Juveniles (Miscellaneous Provisions) Act 2000 (Act No. 17, 2000) | ||
| Assent date | 30 May 2000 | |
| Commenced | 1 June 2000 (s 2) | |
| Misuse of Drugs Amendment Act 2000 (Act No. 74, 2000) | ||
| Assent date | 14 December 2000 | |
| Commenced | 14 December 2000 | |
| Misuse of Drugs Amendment Act 2002 (Act No. 32, 2002) | ||
| Assent date | 16 July 2002 | |
| Commenced | 1 August 2002 (Gaz G30, 31 July 2002, p 4) | |
| Criminal Property Forfeiture (Consequential Amendments) Act 2002 (Act No. 35, 2002) | ||
| Assent date | 16 July 2002 | |
| Commenced | 1 June 2003 (s 2, s 2 Criminal Property Forfeiture Act 2002 (Act No. 34, 2002) and Gaz G21, 28 May 2003, p 2) | |
| Statute Law Revision Act (No. 2) 2002 (Act No. 59, 2002) | ||
| Assent date | 7 November 2002 | |
| Commenced | 7 November 2002 | |
| Statute Law Revision Act 2004 (Act No. 18, 2004) | ||
| Assent date | 15 March 2004 | |
| Commenced | 1 July 2004 (s 2(2), s 2 Business Tenancies (Fair Dealings) Act 2003 (Act No. 55, 2003) and Gaz G9, 3 March 2004, p 5) | |
| Misuse of Drugs Amendment Regulations (SL No. 35, 2004) | ||
| Notified | 24 November 2004 | |
| Commenced | 24 November 2004 | |
| Misuse of Drugs Amendment Act 2005 (Act No. 24, 2005) | ||
| Assent date | 6 May 2005 | |
| Commenced | 9 February 2006 (Gaz S2, 9 February 2006) | |
| Statute Law Revision Act 2005 (Act No. 44, 2005) | ||
| Assent date | 14 December 2005 | |
| Commenced | 14 December 2005 | |
| Misuse of Drugs Amendment Act 2008 (Act No. 20, 2008) | ||
| Assent date | 24 June 2008 | |
| Commenced | 23 July 2008 (Gaz G29, 23 July 2008, p 6) | |
| Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010) | ||
| Assent date | 20 May 2010 | |
| Commenced | 1 July 2010 (Gaz G24, 16 June 2010, p 2) | |
| Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18, 2010) | ||
| Assent date | 20 May 2010 | |
| Commenced | 1 July 2010 (s 2) | |
| Statute Law Revision Act 2010 (Act No. 29, 2010) | ||
| Assent date | 9 September 2010 | |
| Commenced | 13 October 2010 (Gaz G41, 13 October 2010, p 2) | |
| Public and Environmental Health Act 2011 (Act No. 7, 2011) | ||
| Assent date | 16 March 2011 | |
| Commenced | 1 July 2011 (Gaz S28, 8 June 2011) | |
| Misuse of Drugs Amendment (Synthetic Cannabinoids) Regulations 2011 (SL No. 33, 2011) | ||
| Notified | 12 August 2011 | |
| Commenced | 12 August 2011 | |
| Misuse of Drugs Amendment (Synthetic Cannabinoids) Regulations (No. 2) 2011 (SL No. 42, 2011) | ||
| Notified | 31 August 2011 | |
| Commenced | 31 August 2011 | |
| Caravan Parks Act 2012 (Act No. 1, 2012) | ||
| Assent date | 21 March 2012 | |
| Commenced | ss 21 and 22: 21 March 2012; rem: 1 May 2012 (s 2) | |
| Medicines, Poisons and Therapeutic Goods Act 2012 (Act No. 13, 2012) | ||
| Assent date | 27 April 2012 | |
| Commenced | 1 May 2014 (Gaz S22, 2014, p 12) | |
| Misuse of Drugs (Act Amendment) Regulations 2013 (SL No. 29, 2013) | ||
| Notified | 1 August 2013 | |
| Commenced | 1 August 2013 | |
| Misuse of Drugs Amendment (Methamphetamine) Act 2013 (Act No. 25, 2013) | ||
| Assent date | 29 October 2013 | |
| Commenced | 11 November 2013 (Gaz S55, 11 November 2013) | |
| Misuse of Drugs Amendment Act 2014 (Act No. 7, 2014) | ||
| Assent date | 20 March 2014 | |
| Commenced | 9 April 2014 (Gaz G14, 9 April 2014, p 2) | |
| Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) | ||
| Assent date | 4 September 2014 | |
| Commenced | 9 September 2014 (Gaz S80, 9 September 2014, p 2) | |
| Statute Law Revision Act 2014 (Act No. 38, 2014) | ||
| Assent date | 13 November 2014 | |
| Commenced | 13 November 2014 | |
| Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015) | ||
| Assent date | 18 September 2015 | |
| Commenced | 14 October 2015 (Gaz G41, 14 October 2015, p 3) | |
| Misuse of Drugs Amendment Act 2015 (Act No. 31, 2015) | ||
| Assent date | 8 December 2015 | |
| Commenced | 17 December 2015 (Gaz S115, 17 December 2015) | |
| Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) | ||
| Assent date | 6 April 2016 | |
| Commenced | 1 May 2016 (Gaz S34, 29 April 2016) | |
| Misuse of Drugs (Act Amendment) Regulations 2016 (SL No. 23, 2016) | ||
| Notified | 20 May 2016 | |
| Commenced | 20 May 2016 | |
| Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016) | ||
| Assent date | 8 June 2016 | |
| Commenced | s 17 (to ext ins new s 15): 10 October 2016; rem: 18 July 2016 (Gaz S67, 18 July 2016) | |
| Statute Law Revision Act 2017 (Act No. 4, 2017) | ||
| Assent date | 10 March 2017 | |
| Commenced | 12 April 2017 (Gaz G15, 12 April 2017, p 3) | |
| Misuse of Drugs Amendment Act 2017 (Act No. 22, 2017) | ||
| Assent date | 30 November 2017 | |
| Commenced | 1 December 2017 (s 2) | |
| Health Practitioner Regulation (National Uniform Legislation) and Other Legislation Amendment Act 2018 (Act No. 28, 2018) | ||
| Assent date | 30 November 2018 | |
| Commenced | 1 December 2018 (s 2) | |
| Liquor Act 2019 (Act No. 29, 2019) | ||
| Assent date | 3 September 2019 | |
| Commenced | 1 October 2019 (Gaz G39, 25 September 2019, p 2) | |
| Hemp Act 2019 (Act No. 25, 2019) | ||
| Assent date | 2 September 2019 | |
| Commenced | 6 May 2020 (Gaz G18, 6 May 2020, p 2) | |
| Misuse of Drugs (Act Amendment) Regulations 2020 (SL No. 9, 2020) | ||
| Notified | 13 May 2020 | |
| Commenced | 13 May 2020 | |
| Statute Law Revision Act 2020 (Act No. 26, 2020) | ||
| Assent date | 19 November 2020 | |
| Commenced | 20 November 2020 | |
SAVINGS AND TRANSITIONAL PROVISIONS
s 28 Misuse of Drugs Amendment Act 2002 (Act No. 32, 2002)
GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 11A, 11E, 11F, 11G, 11J, 11N, 11P, 11U, 11W, 19K, 19U, 19Y, 20B, 23, 28, 33, 34, 35, 35A and 37 and sch 2.
LIST OF AMENDMENTS
pt I hdgamd No. 17, 2016, s 38
s 3amd No. 11, 1992, s 4; No. 17, 1997, s 17; No. 17, 2000, s 6; No. 32, 2002, s 4; No. 44, 2005, ss 22 and 23; No. 24, 2005, s 3; No. 20, 2008, s 4; No. 18, 2010, s 89; No. 7, 2011, s 140; No. 13, 2012, s 296; No. 31, 2015, s 4; No. 9, 2016, s 120; No. 17, 2016, s 4; No. 22, 2017, s 4; No. 28, 2018, s 25
s 4Ains No. 21, 1999, s 3
amd No. 22, 2017, s 5
sub No. 25, 2019, s 48
s 4Bins No. 20, 2008, s 5
sub No. 17, 2016, s 5
s 4Csub No. 17, 2016, s 5
pt II
div 1 hdgamd No. 17, 2016, s 38
pt II
div 1
sdiv 1 hdgins No. 17, 2016, s 6
s 5amd No. 11, 1992, s 5; No. 44, 1992, s 3; No. 17, 1996, s 6; No. 20, 2008, s 6; No. 12, 2010, s 3; No. 7, 2014, s 4; No. 9, 2016, s 121
sub No. 17, 2016, s 6
ss 5A – 5Eins No. 17, 2016, s 6
pt II
div 1
sdiv 2 hdgins No. 17, 2016, s 6
s 6amd No. 12, 2010, s 3; No. 9, 2016, s 122
sub No. 17, 2016, s 6
ss 6A – 6Gins No. 17, 2016, s 6
pt II
div 1
sdiv 3 hdgins No. 17, 2016, s 6
s 7sub No. 11, 1992, s 6
amd No. 17, 1996, s 6; No. 12, 2010, s 3; No. 9, 2016, s 123
sub No. 17, 2016, s 6
ss 7A – 7Cins No. 17, 2016, s 6
pt II
div 1
sdiv 4 hdgins No. 17, 2016, s 6
s 8sub No. 11, 1992, s 6
amd No. 17, 1996, s 6; No. 12, 2010, s 3; No. 9, 2016, s 124
sub No. 17, 2016, s 6
s 8Ains No. 32, 2002, s 5
amd No. 12, 2010, s 3; No. 17, 2016, s 7
s 8Bins No. 32, 2002, s 5
amd No. 12, 2010, s 3; No. 17, 2016, s 8
s 8Cins No. 32, 2002, s 5
amd No. 59, 2002, s 4; No. 12, 2010, s 3; No. 17, 2016, s 9
s 8Dins No. 32, 2002, s 5
amd No. 12, 2010, s 3
rep No. 17, 2016, s 10
pt II
div 1
sdiv 5 hdgins No. 17, 2016, s 10
s 9sub No. 11, 1992, s 6
amd No. 17, 1996, s 6; No. 12, 2010, s 3; No. 9, 2016, s 125
sub No. 17, 2016, s 10
s 10amd No. 17, 1996, s 6; No. 9, 2016, s 132
rep No. 17, 2016, s 10
s 11sub No. 11, 1992, s 7
amd No. 17, 1996, s 6; No. 12, 2010, s 3; No. 9, 2016, s 126
rep No. 17, 2016, s 10
pt II
div 1A hdgins No. 32, 2002, s 6
pt II
div 1A
sdiv 1 hdgins No. 32, 2002, s 6
s 11Ains No. 32, 2002, s 6
amd No. 18, 2004, s 3; No. 1, 2012, s 194; No. 29, 2019, s 386
s 11Bins No. 32, 2002, s 6
s 11Cins No. 32, 2002, s 6
amd No. 17, 2016, s 38
s 11Dins No. 32, 2002, s 6
pt II
div 1A
sdiv 2 hdgins No. 32, 2002, s 6
s 11Eins No. 32, 2002, s 6
amd No. 17, 2016, s 38; No. 29, 2019, s 387
s 11Fins No. 32, 2002, s 6
amd No. 17, 2016, s 38; No. 29, 2019, s 388
s 11Gins No. 32, 2002, s 6
amd No. 17, 2016, s 38; No. 29, 2019, s 389
pt II
div 1A
sdiv 3 hdgins No. 32, 2002, s 6
s 11Hins No. 32, 2002, s 6
s 11Jins No. 32, 2002, s 6
amd No. 9, 2016, s 132
ss 11K – 11M ins No. 32, 2002, s 6
s 11Nins No. 32, 2002, s 6
amd No. 18, 2004, s 3; No. 17, 2016, s 38
s 11Pins No. 32, 2002, s 6
amd No. 9, 2016, s 132
s 11Qins No. 32, 2002, s 6
amd No. 12, 2010, s 3; No. 17, 2016, s 11
pt II
div 1A
sdiv 4 hdgins No. 32, 2002, s 6
s 11Rins No. 32, 2002, s 6
amd No. 31, 2015, s 5; No. 17, 2016, s 38
s 11Sins No. 32, 2002, s 6
amd No. 12, 2010, s 3
sub No. 17, 2016, s 12
s 11SAins No. 17, 2016, s 12
s 11Tins No. 32, 2002, s 6
amd No. 12, 2010, s 3; No. 27, 2014, s 57; No. 9, 2016, s 132; No. 17, 2016, s 13
s 11Uins No. 32, 2002, s 6
amd No. 18, 2004, s 3
s 11Vins No. 32, 2002, s 6
amd No. 17, 2016, s 14
s 11Wins No. 32, 2002, s 6
amd No. 29, 2019, s 390
ss 11X – 11Yins No. 17, 2016, s 15
s 12amd No. 12, 2010, s 3; No. 13, 2012, s 297; No. 17, 2016, s 16
ss 13 – 14amd No. 12, 2010, s 3
sub No. 17, 2016, s 17
s 15amd No. 44, 2005, s 23; No. 12, 2010, s 3; No. 13, 2012, s 298
sub No. 17, 2016, s 17
s 16amd No. 44, 2005, s 23; No. 12, 2010, s 3; No. 13, 2012, s 299
rep No. 17, 2016, s 17
s 17amd No. 32, 2002, s 7; No. 44, 2005, s 23; No. 12, 2010, s 3; No. 13, 2012, s 300
rep No. 17, 2016, s 17
s 18rep No. 24, 2005, s 5
s 19amd No. 17, 1996, s 6
pt IIA hdgins No. 56, 1994, s 5
pt IIA
div 1 hdgins No. 56, 1994, s 5
s 19Ains No. 56, 1994, s 5
amd No. 42, 1996, s 5; No. 9, 2016, s 127
s 19Bins No. 56, 1994, s 5
sub No. 32, 2002, s 8
amd No. 17, 2016, s 38
s 19Cins No. 56, 1994, s 5
sub No. 32, 2002, s 8
s 19Dins No. 56, 1994, s 5
rep No. 32, 2002, s 8
ss 19E – 19Fins No. 56, 1994, s 5
amd No. 9, 2016, s 132
s 19Gins No. 56, 1994, s 5
amd No. 32, 2002, s 9; No. 9, 2016, s 132
ss 19H – 19Jins No. 56, 1994, s 5
amd No. 9, 2016, s 132
s 19Kins No. 56, 1994, s 5
amd No. 32, 2002, s 10; No. 38, 2014, s 2; No. 9, 2016, s 132
s 19Mins No. 56, 1994, s 5
amd No. 32, 2002, s 11; No. 9, 2016, s 132
s 19Nins No. 56, 1994, s 5
amd No. 32, 2002, s 12
s 19Pins No. 56, 1994, s 5
sub No. 32, 2002, s 13
amd No. 17, 2016, s 38
ss 19PA –
19PBins No. 32, 2002, s 13
amd No. 17, 2016, s 38
pt IIA
div 2 hdgins No. 56, 1994, s 5
s 19Qins No. 56, 1994, s 5
amd No. 32, 2002, s 14
pt IIA
div 3 hdgins No. 56, 1994, s 5
s 19Rins No. 56, 1994, s 5
amd No. 32, 2002, s 15; No. 9, 2016, s 132
s 19Sins No. 56, 1994, s 5
amd No. 32, 2002, s 16; No. 9, 2016, s 132; No. 17, 2016, s 38
s 19Tins No. 56, 1994, s 5
amd No. 32, 2002, s 17; No. 17, 2016, s 38
s 19TAins No. 32, 2002, s 18
pt IIAB hdgins No. 31, 2015, s 6
ss 19U – 19X ins No. 31, 2015, s 6
s 19Yins No. 31, 2015, s 6
amd No. 17, 2016, s 18
ss 19Z – 19ZA ins No. 31, 2015, s 6
pt IIB hdgins No. 4, 1996, s 3
sub No. 17, 2016, s 19
ss 20A – 20C ins No. 4, 1996, s 3
sub No. 17, 2016, s 19
s 20Dins No. 4, 1996, s 3
amd No. 12, 2010, s 3
sub No. 17, 2016, s 19
s 20Eins No. 4, 1996, s 3
sub No. 17, 2016, s 19
ss 20F – 20G ins No. 4, 1996, s 3
rep No. 17, 2016, s 19
s 20amd No. 17, 2016, s 20
s 21amd No. 17, 2000, s 6
rep No. 17, 2016, s 21
s 22amd No. 17, 1996, s 6; No. 35, 2002, s 4; No. 12, 2010, s 3; No. 17, 2016, s 22
s 23amd No. 9, 2016, s 128
s 24amd No. 11, 1992, s 8; No. 12, 2010, s 3; No. 9, 2016, s 129; No. 17, 2016, s 23
s 25amd No. 11, 1992, s 9; No. 17, 2016, s 24
s 26amd No. 12, 2010, s 3; No. 9, 2016, s 130; No. 17, 2016, s 25; No. 4, 2017, s 34
s 27amd No. 17, 1996, s 6; No. 9, 2016, s 131
s 28amd No. 17, 1996, s 6; No. 21, 1999, s 4; No. 17, 2016, s 26
s 29amd No. 17, 2016, s 38
s 30rep No. 11, 1992, s 10
s 31amd No. 32, 2002, s 19; No. 17, 2016, s 38
s 32amd No. 11, 1992, s 11; No. 32, 2002, s 20; No. 12, 2010, s 3; No. 17, 2016, s 27
s 33amd No. 17, 1997, s 17
sub No. 32, 2002, s 21
amd No. 13, 2012, s 301
s 34amd No. 56, 1994, s 4; No. 14, 1995, s 12; No. 17, 1996, s 6; No. 32, 2002, s 22; No. 59, 2002, s 4; No. 12, 2010, s 3; No. 9, 2016, s 132; No. 17, 2016, s 28
s 35amd No. 32, 2002, s 23
s 35Ains No. 32, 2002, s 24
amd No. 9, 2016, s 132; No. 17, 2016, s 38
s 36amd No. 31, 2015, s 7
s 36Ains No. 35, 2002, s 4
amd No. 44, 2005, s 28; No. 9, 2016, s 132; No. 17, 2016, s 29
s 37amd No. 33, 1990, s 6; No. 6, 1993, s 8; No. 74, 2000, s 2; No. 32, 2002, s 25; No. 7, 2014, s 5; No. 27, 2014, s 57; No. 17, 2016, s 30; No. 29, 2019, s 391
s 38sub No. 17, 2016, s 31
s 39amd No. 17, 1996, s 6
sub No. 26, 2015, s 80
amd No. 17, 2016, s 32
s 40amd No. 17, 1996, s 6; No. 32, 2002, s 26; No. 31, 2015, s 8; No. 17, 2016, s 33
s 41amd No. 17, 1996, s 6; No. 9, 2016, s 132; No. 17, 2016, s 34
s 42amd No. 44, 2005, s 23; No. 13, 2012, s 302
s 42Ains No. 32, 2002, s 27
s 43amd No. 20, 2008, s 7; No. 12, 2010, s 3; No. 7, 2014, s 6; No. 17, 2016, s 35; No. 29, 2019, s 392
pt IV hdgins No. 26, 2015, s 81
pt IV
div 1 hdgins No. 26, 2015, s 81
s 44ins No. 20, 2008, s 8
s 45ins No. 25, 2013, s 4
s 46ins No. 7, 2014, s 7
pt IV
div 2 hdgins No. 26, 2015, s 82
s 47ins No. 26, 2015, s 82
pt IV
div 3 hdgins No. 31, 2015, s 9
amd No. 17, 2016, s 38
s 48ins No. 31, 2015, s 9
pt IV
div 4ins No. 17, 2016, s 36
s 49ins No. 17, 2016, s 36
sch 1amd No. 25, 2013, s 5; SL No. 23, 2016, r 3; No. 17, 2016, s 38
sch 2amd No. 11, 1992, s 12; SL No. 15, 1995; No. 21, 1999, s 5; No. 74, 2000, s 3; SL No. 35, 2004; No. 29, 2010, s 7; SL No. 33, 2011, r 3; SL No. 42, 2011, r 3; SL No. 29, 2013, r 3; No. 25, 2013, s 6
sub No. 7, 2014, s 8
amd No. 13, 2012, s 303; SL No. 23, 2016, r 4; No. 17, 2016, s 37; No. 22, 2017, s 6; SL No. 9, 2020, r 4; No. 26, 2020, s 3
sch 3ins No. 4, 1996, s 4
amd No. 17, 2016, s 38; No. 22, 2017, s 7
0
0
0