DRUG MISUSE AND TRAFFICKING ACT 1985 - As at 19 February 2024 - Act 226 of 1985
- As at 19 February 2024 - Act 226 of 1985Table of Provisions
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 (Repealed)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
- 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
Division 2 - Retention and testing of substances
- 39C Retention of substances
- 39CA Testing 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 Certificates issued by Health Secretary
- 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