New South Wales Consolidated Acts

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DRUG MISUSE AND TRAFFICKING ACT 1985

- As at 9 March 2017
- Act 226 of 1985

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Admixtures
   5.      Meaning of “use” and “administer”
   6.      Meaning of “take part in”
   7.      Deemed possession of prohibited drug etc
   8.      Relationship with Poisons and Therapeutic Goods Act 1966
   8A.     Relationship with Hemp Industry Act 2008
   8B.     Relationship with Poppy Industry Act 2016

   PART 2 - OFFENCES

           Division 1 - Summary offences

   9.      Summary prosecution
   10.     Possession of prohibited drugs
   11.     Possession of equipment for administration of prohibited drugs
   11A.    Sale, supply and display of waterpipes and ice pipes
   11B.    Possession of tablet press or drug encapsulator
   11C.    Possession of instructions for manufacture or production of prohibited drugs
   12.     Self-administration of prohibited drugs
   13.     Administration of prohibited drugs to others
   14.     Permitting another to administer prohibited drugs
   15.     Forging etc prescriptions
   16.     Obtaining etc prescription by false representation
   17.     Obtaining prohibited drug by false representation
   18.     Obtaining prohibited drugs from medical practitioners, nurse practitioners or midwife practitioners
   18A.    Advertising or holding out that premises are available for use for unlawful administration of prohibited drugs
   18B.    Manufacture, production, possession and supply of certain Schedule 9 substances
   19.     Aiding, abetting etc commission of offence in New South Wales
   20.     Aiding, abetting etc commission of offence outside New South Wales
   21.     Penalties

           Division 2 - Indictable offences

   22.     Indictable prosecution
   23.     Offences with respect to prohibited plants
   23A.    Offences with respect to enhanced indoor cultivation of prohibited plants in presence of children
   24.     Manufacture and production of prohibited drugs
   24A.    Possession of precursors and certain apparatus for manufacture or production of prohibited drugs
   24B.    Possession of prohibited drug precursors
   25.     Supply of prohibited drugs
   25A.    Offence of supplying prohibited drugs on an ongoing basis
   25B.    (Repealed)
   26.     Conspiring
   27.     Aiding, abetting etc commission of offence in New South Wales
   28.     Conspiring to commit and aiding etc commission of offence outside New South Wales
   29.     Traffickable quantity-possession taken to be for supply
   30.     Indictable offences-summary disposal of unless prosecution elects otherwise
   31.     Indictable offences-summary disposal of unless prosecution or accused elects otherwise
   32.     Penalty for offences dealt with on indictment not involving commercial quantities
   33.     Penalties for offences involving commercial quantities or cultivation for a commercial purpose
   33AA.   Penalties for offences involving supply to persons under 16 years
   33AB.   Penalties for offences involving possession of prohibited drug precursors
   33AC.   Penalties for offences involving manufacture or production in presence of children or procuring children to supply prohibited drugs
   33AD.   Penalties for offences with respect to enhanced indoor cultivation of prohibited plants in presence of children
   33A.    Provisions relating to life sentences

           Division 3 - Supplementary

   34.     Commencement of term of imprisonment
   35.     Order for forfeiture etc of certain articles
   35A.    Defence to certain offences involving substances used in industry
   36.     (Repealed)

   PART 2A - MEDICALLY SUPERVISED INJECTING CENTRES

           Division 1 - Preliminary

   36A.    Limited operation of Part
   36B.    Objects of Part
   36C.    Review of Part
   36D.    Definitions

           Division 2 - Licensing of injecting centres

   36E.    Licence
   36F.    Restrictions on issue of licence
   36G.    Duration of licence
   36H.    Conditions of licences generally
   36I.    Statutory conditions of licences
   36J.    Contraventions
   36K.    Reviews of licence
   36KA.   Revocation of licence

           Division 3 - Internal management protocols

   36L.    Matters for consideration in relation to internal management protocols
   36M.    Amendment and replacement of internal management protocols

           Division 4 - Exemptions from liability

   36N.    Exemption from criminal liability for users of licensed injecting centre
   36O.    Exemption from criminal liability for persons engaged in conduct of licensed injecting centre
   36P.    Exemption from civil liability in connection with conduct of licensed injecting centre

           Division 5 - Miscellaneous

   36Q.    Application of Environmental Planning and Assessment Act 1979
   36R.    Certificate evidence
   36S.    Regulations
   36T.    Application of Drug Misuse and Trafficking Amendment (Medically Supervised Injecting Centre) Act 2010

   PART 2B - OFFENCES INVOLVING DRUG PREMISES

   36TA.   Definitions
   36U.    Prohibited drugs to which Part does not apply
   36V.    Possession or presence of prohibited drugs or prohibited plants on premises
   36W.    Evidence that premises are drug premises
   36X.    Offence of entering, or being on, drug premises
   36Y.    Allowing use of premises as drug premises-offence by owner or occupier
   36Z.    Offence of organising drug premises
   36ZA.   Proceedings for offences
   36ZB.   Evidence as to state of mind of corporation
   36ZC.   Forfeiture to Crown

   PART 2C - OFFENCES INVOLVING PSYCHOACTIVE SUBSTANCES

   36ZD.   Definitions
   36ZE.   Substances to which this Part does not apply
   36ZF.   Offence of supplying or manufacturing psychoactive substances
   36ZG.   Prohibition of advertising of psychoactive substances

   PART 3 - ENFORCEMENT

   37.     (Repealed)
   38.     Destruction of prohibited plants by Director-General
   39.     Seizure and forfeiture of cannabis plants and certain prohibited drugs

   PART 3A - EXHIBITS AND TESTING PROCEDURES

           Division 1 - Preliminary

   39A.    Application of Part
   39B.    Interpretation

           Division 2 - Retention and testing of substances

   39C.    Retention of substances
   39D.    Regulations relating to testing and other matters

           Division 3 - Destruction of substances

   39E.    Forfeiture of substances for purposes of destruction
   39F.    Power to destroy substances
   39G.    Destruction of substance where no likelihood of prosecution
   39H.    Destruction of prohibited plants after identification
   39I.    Destruction of substances where analysis takes place
   39J.    Destruction of drug where less than traffickable quantity
   39K.    Destruction of dangerous substances or articles
   39L.    Immediate destruction where security or other issues
   39M.    Mass review applications

           Division 4 - General

   39N.    Presumption on appeal
   39O.    Return of substance to lawful owner
   39P.    Return of substances
   39Q.    Use of substances in controlled operations and integrity testing programs
           39R-39S. (Repealed)

   PART 4 - MISCELLANEOUS

   40.     Effect of certain representations
   40A.    Proof of certain matters
   41.     Authorisation of Secretary of Ministry of Health
   41A.    Authorities for low-THC hemp or alkaloid poppy plants not to be granted
   42.     Certificate of Secretary of Ministry of Health prima facie evidence
   43.     Certificate evidence
   43A.    Liability of directors etc for offences by corporation-offences attracting executive liability
   43B.    Liability of directors etc for offences by corporation-accessory to the commission of the offences
   44.     Amendment of Schedule 1
   44A.    Amendment of Schedule 2
   45.     Regulations
   46.     Transitional provision-repeal of section 25B and re-enactment as summary offence
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3


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