DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 36N
Exemption from criminal liability for users of licensed injecting centre
DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 36N
Exemption from criminal liability for users of licensed injecting centre
36N Exemption from criminal liability for users of licensed injecting centre
(1) In this section--
"exempt quantity" , in relation to a prescribed drug , means-- (a) in the case
of a prohibited drug , a small quantity of the drug (subject to paragraph (b)),
or (b) in any case, such quantity of the drug as is prescribed by the
regulations . (2) Despite any other provision of this Act or of any other Act
or law (other than a provision prescribed by the regulations )-- (a) it is not
unlawful for a person at a licensed injecting centre -- (i) to be in possession
of (otherwise than for supply ) no more than an exempt quantity of a
prescribed drug , or (ii) to be in possession of an item of equipment for use
in the administration of a prescribed drug , or (iii) to administer or attempt
to administer to himself or herself no more than an exempt quantity of a
prescribed drug , and (b) in particular, a person at a
licensed injecting centre -- (i) who has in his or her possession (otherwise
than for supply ) no more than an exempt quantity of a prescribed drug , or
(ii) who has in his or her possession an item of equipment for use in the
administration of a prescribed drug , or (iii) who administers or attempts to
administer to himself or herself no more than an exempt quantity of a
prescribed drug , does not commit an offence under section 10 , 11 or 12 , or any
other offence prescribed by the regulations , just because of that fact. (3)
Subsection (2) does not affect the operation of-- (a) the conditions of any
recognizance to which a person is subject (whether under the Crimes Act 1900
or otherwise), or (b) any bail conditions to which a person is subject under
the Bail Act 2013 , or (c) the conditions of any program to which a person is
subject under the Drug Court Act 1998 . (4) Nothing in this section prevents
a police officer from exercising a discretion not to charge a person with an
offence under section 10 or 11 -- (a) in respect of the possession of a
prescribed drug , or (b) in respect of the possession of an item of equipment
for use in the administration of a prescribed drug , while the person is
travelling to or from, or is in the vicinity of, a licensed injecting centre .
(5) The reference in subsection (4) to a discretion includes a reference to a
discretion referred to in any guidelines applicable to police discretions.
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