MISUSE OF DRUGS ACT 1990
Table of Provisions
PART I--PRELIMINARY MATTERS
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 4 Act to bind Crown and application
- 4A Relationship with Hemp Industry Act 2019
- 4B Meaning of drug analogue
- 4C Application of Criminal Code
PART II--OFFENCES
Division 1--Supply, cultivation, manufacture and possession
Subdivision 1--Supply of dangerous drug- 5 Supply of dangerous drug – commercial quantity
- 5A Supply of dangerous drug – less than commercial quantity
- 5B Supply of dangerous drug to child – commercial quantity
- 5C Supply of dangerous drug to child – less than commercial quantity
- 5D Supply of dangerous drug in indigenous community – less than commercial quantity
- 5E Application of offences Subdivision 2--Cultivation of prohibited plant and manufacture of dangerous drug
- 6 Cultivation of prohibited plant – commercial quantity
- 6A Cultivation of prohibited plant – traffickable quantity
- 6B Cultivation of prohibited plant – less than traffickable quantity
- 6C Cultivation of prohibited plant in presence of child – commercial quantity
- 6D Cultivation of prohibited plant in presence of child – traffickable quantity
- 6E Manufacture of dangerous drug – commercial quantity
- 6F Manufacture of dangerous drug – less than commercial quantity
- 6G Manufacture of dangerous drug in presence of child Subdivision 3--Possession of dangerous drug
- 7 Possession of dangerous drug – commercial quantity
- 7A Possession of dangerous drug – traffickable quantity
- 7B Possession of dangerous drug – less than traffickable quantity
- 7C Possession of dangerous drug in public place – traffickable quantity
- 7D Possession of dangerous drug in public place – less than traffickable quantity Subdivision 4--Other possession offences
- 8 Receiving or possessing tainted property
- 8A Possession of precursors of dangerous drugs
- 8B Possession of document containing instructions for manufacture of dangerous drug or precursor
- 8C Possession of articles for use in manufacture of dangerous drug or precursor Subdivision 5--Alternative verdicts
- 9 Alternative verdicts
Division 1A--Drug premises orders
Subdivision 1--Preliminary- 11A Definitions
- 11B Service of notices under this Division
- 11C Indications that premises used to supply dangerous drugs
- 11D Commissioner may apply for order if premises used to supply dangerous drugs 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
- 11F Record and warning of second finding of dangerous drugs on premises
- 11G Record and warning of third finding of dangerous drug on premises Subdivision 3--Making and revocation of drug premises orders
- 11H No notice to be given of application for drug premises order
- 11J Hearing of applications for orders and revocation of orders
- 11K Drug premises order if indications of supply at or from premises
- 11L Order if indications of supply and 3 findings of dangerous drugs
- 11M Duration of drug premises order
- 11N Notice of drug premises order to be given within 7 days
- 11P Owner etc. may apply for order to be revoked
- 11Q Notice to be affixed to drug premises Subdivision 4--Effect of drug premises order
- 11R Search of drug premises without warrant
- 11S Offences relating to entry and search of drug premises
- 11SA Offence not to give name and address when near drug premises
- 11T Restraining orders if breach of the peace
- 11U Tenants and residents may be evicted
- 11V All residents on premises taken to have possession of drug
- 11W Commissioner of Police may apply for suspension of liquor licence
Division 2--Other offences
- 11X Supplying precursor for use in manufacture of dangerous drug
- 11Y Theft of dangerous drug
- 12 Possession of things for administering dangerous drugs
- 13 Self-administering dangerous drug
- 14 Allowing another person to administer dangerous drug
- 15 Display or supply of cocaine kit, water pipe or ice pipe
- 19 Parties to offences committed outside Territory
PART IIA--DESTRUCTION OF EXHIBITS
Division 1--Pre-trial orders
- 19A Definition
- 19B Suspected drug or precursor may be destroyed
- 19C Person from whom drug or precursor seized entitled to have sample analysed or examined
- 19E Determination of Local Court with respect to destruction on first mention of charge
- 19F Matters for consideration on determination for retention of dangerous drug
- 19G Adjournment
- 19H Review of determination for retention of dangerous drug
- 19J Destruction of dangerous drugs
- 19K Use of dangerous drugs for research etc.
- 19M Order on committal for trial
- 19N Order on initial hearing of trial
- 19P Seized substances may be destroyed or disposed of
- 19PA Entitlement to have substance analysed or examined
- 19PB Contaminated objects may be cleaned or disposed of
Division 2--Post-trial orders
- 19Q Order on appeal
Division 3--Supplementary
- 19R Presumption on appeal
- 19S Return of dangerous drug or precursor to lawful owner
- 19T Regulations
- 19TA Service of notices
PART IIAB--DRUG DETECTION AREAS
- 19U Definitions
- 19V Senior police officer may authorise special powers in drug detection areas
- 19W Restrictions relating to drug detection areas
- 19X Effect of authorisations
- 19Y Special powers to stop, detain, search and seize in relation to vehicles and people
- 19Z Drug detection points
- 19ZA Annual report to Minister
PART IIB--INFRINGEMENT NOTICE OFFENCES
- 20 Infringement notice offence and prescribed amount payable
- 20A When infringement notice may be given
- 20B Contents of infringement notice
- 20C Payment by cheque
- 20D Withdrawal of infringement notice
- 20E Application of Part
PART III--MISCELLANEOUS
- 21 Act to be construed with Criminal Code
- 22 Certain offences may be dealt with summarily
- 23 Proceedings for offences
- 24 Protection of informers
- 25 Source of information not to be disclosed
- 26 Power to prohibit publication of proceedings
- 27 Certain proceedings relating to sentence
- 28 Fines
- 29 Analyst's certificate
- 31 Possession by police officer etc.
- 32 Undercover operations
- 33 Authorisation to possess, cultivate or manufacture dangerous drug or precursor
- 34 Forfeiture of drugs, precursors etc.
- 35 Return of seized items
- 35A Detention for purpose of performing search of body cavities etc.
- 36 Power of police
- 36A Declared drug trafficker
- 37 Penalty guidelines
- 38 Penalty for offence involving procurement of young child
- 39 Criminal liability of executive officer of body corporate – evidential burden of proof on defence
- 40 Evidentiary
- 41 Receiving or possessing some only of property alleged
- 42 Exemptions
- 42A Acquisition
- 43 Regulations
PART IV--TRANSITIONAL MATTERS
Division 1--Acts commencing before 2015
- 44 Transitional provision for increased penalty for supplying dangerous drug in indigenous community
- 45 Transitional provision for Misuse of Drugs Amendment (Methamphetamine) Act 2013
- 46 Transitional provision for Misuse of Drugs Amendment Act 2014
Division 2--Statute Law Amendment (Directors' Liability) Act 2015
- 47 Offences – before and after commencement
Division 3--Misuse of Drugs Amendment Act 2015
- 48 Application of amendment
Division 4--Justice Legislation Amendment (Drug Offences) Act 2016
- 49 Offence provisions – before and after commencement
Division 5--Sentencing and Other Legislation Amendment Act 2022
- 50 Application of section 37 after commencement