Police Offences Amendment (Drugs) Act 1954 (NSW)

POLICE OFFENCES AMENDMENT (DRUGS) ACT.

Act No. 37, 1954.

An Act to prohibit the manufacture, use, sale, distribution or possession of diamorphine (commonly known as heroin) ; for these and other purposes to amend the Police Offences (Amendment) Act, 1908, and certain other Acts ; and for purposes connected therewith. [Assented to, 2nd December, 1954.]

BE it enacted by the Queen's Most Excellent Majesty, by and with, the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . (1) This Act may be cited as the "Police Offences Amendment (Drugs) Act, 1954."

(2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamat ion published in the Gazette.

2 . The Police Offences (Amendment) Act, 1908, as

amended by subsequent Acts, is amended—

(a)	( i)	by omit t ing from p a r a g r a p h (a) of subsec­ tion two of section eighteen the words "ecgonine , and diamorphine (commonly known as h e r o i n ) " and by inser t ing in lieu
thereof the words " a n d ecgon ine" ;
(ii)	by omit t ing from the same p a r a g r a p h the
words "cocaine , or d i a m o r p h i n e " and by inser t ing in lieu thereof the words " o r c o c a i n e " ;

(b)	by inserting next after section 20B the following
new P a r t : —

P A R T V I A .

DIAMORPHINE (HEROIN) AND OTHER PROHIBITED

DRUGS.

20c. (1) In this section " d i a m o r p h i n e " in­

cludes i ts salts and any p repara t ion , admixture , ex t rac t or other substance containing any pro­ por t ion of diamorphine.

(2) If any person—

(a) manufac tures , p repa res , sells, d is t r i ­

butes, supplies, or otherwise deals in
d iamorph ine ;
(b)	has in his possession any diamorphine; or

(c) uses d iamorphine ,

he shall be guilty of an offence agains t this P a r t

of this Act.

Any diamorphine in the order or disposit ion

of any person shall be deemed to be in his

possession. (3)

(3) (a) The Governor may, by p ro ­ clamation published in the Gazette, declare t h a t this P a r t of this Act shall app ly to any other substance of whatever kind in the same m a n n e r as it applies to d iamorphine .

(b) The Governor may in like man­ ner repeal , al ter , or amend any proclamat ion issued in pursuance of p a r a g r a p h (a) of th is subsection.

(c) If any such substance is a d r u g or other p repa ra t ion , admixture , extract or substance to which P a r t V I of this Act appl ies , the provis ions of tha t P a r t shall not apply to such substance dur ing the time any proclama­ tion under p a r a g r a p h (a) of this subsection, or any such proclamat ion as a l tered or amended under p a r a g r a p h (b) of this subsection, is in force in respect of such substance.

(d) Any proclamation made under

this subsection shall—

(i)   take effect from the date of publication, or from a la ter date specified in the

proc lamat ion ; and

(ii)   be laid before both Houses of Parlia­

ment within fourteen s i t t ing days af ter

the publication thereof if Pa r l i amen t

is then in session, and if not, then

within fourteen si t t ings days af ter the
commencement of the next session.

If ei ther House of Pa r l i amen t passes a resolu­ tion of which notice has been given a t any t ime within fifteen s i t t ing days af ter such proclama­ tion has been laid before such House disallowing any proclamat ion or p a r t thereof, such pro­ clamation or p a r t shall thereupon cease to have effect.

(4)

(4) If a just ice is satisfied by informa­ tion on oath tha t there is reasonable ground for suspect ing tha t any d iamorphine is in the possession or unde r the control of any person in any premises such just ice m a y g r a n t a search w a r r a n t au thor i s ing any constable named in the w a r r a n t , at any time or t imes within one month from the da te of the w a r r a n t , to enter , if need be by force, the premises named in the wa r r an t , and to search the premises and any persons found therein.

(5) If any person wilfully delays or obstructs any constable in the exercise of his powers under subsection four of this section he shall be guil ty of an offence aga ins t this P a r t of this Act.

(6) The provisions of subsections one, four, five and seven of section 20B of this Act shall, muta t i s mutandis , apply to and in respect of any person guil ty of an offence aga ins t th is P a r t of this Act.

(7) Any d iamorphine in the possession or under the control of any person may be seized by any member of the police force and such diamorphine shall be forfeited to H e r Majesty.

(c)	by inserting in section one next after the matter
re la t ing to P a r t V I the following new m a t t e r : —

P A R T VIA.—DIAMORPHINE (HEROIN) AND

OTHER PROHIBITED DRUGS.—.S. 20c.

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