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MISUSE OF DRUGS REGULATIONS - SCHEDULE 3

Schedule 3     Forms in relation to drug premises

regulations 7, 8, 9, 10, 11 and 13

FORM 1

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11E(1)

RECORD OF FINDING OF DANGEROUS DRUG AT RESIDENTIAL PREMISES

1.     Address of residential premises at which dangerous drug was found.

2.     Type and quantity of dangerous drug found at premises.

3.     Date and time of finding of dangerous drug.

4.     Place in premises at which dangerous drug found.

5.     Names of known residents of premises.

6.     Names of residents and other persons found on premises when dangerous drug was found.

7.     Reasons for suspicion that dangerous drug has been supplied at or from premises.

8.     Name of member of Police Force who found dangerous drug at premises.

Dated............................................................
Signed............................................................

[ member of Police Force ]

FORM 2

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11E(2)

NOTICE OF FINDING OF DANGEROUS DRUG AT RESIDENTIAL PREMISES

TO: The owner* landlord* tenant* of [ address of residential premises to which notice relates ].

In accordance with section 11E(2) of the Misuse of Drugs Act , I, [ name of member of Police Force issuing notice ] give notice that:

1.     A record was made under section 11E(1) of the Misuse of Drugs Act on [ date ] of the finding of a dangerous drug at the premises.

2.     The following dangerous drug was found at the above premises on [ date of finding ] at [ approximate time of finding ]:

[ describe type and quantity of dangerous drug found at premises ]

3.     The following residents of the premises* persons* were on the premises at the time the dangerous drug was found:

4.     I believe that a dangerous drug has been supplied at or from the premises.

WARNING

If:

        (a)     you are notified on another 2 occasions that a dangerous drug has been found at the premises within 12 months after the date specified in item 1 above; and

        (b)     the Commissioner of Police is satisfied that dangerous drugs have been supplied at or from the premises, the Commissioner of Police may apply under section 11D(3) of the Misuse of Drugs Act for an order declaring these premises to be drug premises.

Dated............................................................
Signed............................................................

[ member of Police Force ]

* delete if inapplicable

FORM 3

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11E(3)

RECORD OF FINDING OF DANGEROUS DRUG AT COMMERCIAL OR LIQUOR LICENCE PREMISES

1.     Address of commercial or liquor licence premises at which dangerous drug was found.
2.     Names of:
– owner of premises*
– landlord of premises*
– tenant of premises*

– for liquor licence premises – the licensee within the meaning of the Liquor Act *.

3.     Type and quantity of dangerous drug found at premises.

4.     Date and time of finding of dangerous drug.

5.     Place in premises at which the dangerous drug was found.
6.     Names of persons in whose apparent possession dangerous drug was found:
– owner of premises*
– landlord of premises*
– tenant of premises*

– person employed by or acting on for and on behalf of owner, landlord or tenant*
7.     Names of persons at premises when dangerous drug was found:
– owner*
– landlord*
– tenant*

– person employed by or acting on for and on behalf of owner, landlord or tenant*

8.     Reasons for suspicion that dangerous drug has been supplied at or from premises.

9.     Name of member of Police Force who found dangerous drug at premises.

Dated............................................................
Signed............................................................

[ member of Police Force ]

* delete if inapplicable

FORM 4

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11E(4)

NOTICE OF FINDING OF DANGEROUS DRUG AT COMMERCIAL OR LIQUOR LICENCE PREMISES

TO: The licensee within the meaning of the Liquor Act * owner* landlord* tenant* of [ address of commercial premises or liquor licence premises to which notice relates ].

In accordance with section 11E(4) of the Misuse of Drugs Act , I, [ name of member of Police Force issuing notice ] give notice that:

1.     A record was made under section 11E(3) of the Misuse of Drugs Act on [ date ] of the finding of a dangerous drug at the premises.

2.     The following dangerous drug was found at the above premises on [ date of finding ] at [ approximate time of finding ]:

[ describe type and quantity of dangerous drug found at premises ]

3.     The dangerous drug was apparently:

– in the possession of [ name of person ]*, who is an owner* landlord* tenant* a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises*

– in a room in the premises to which only an owner, landlord or tenant of the premises (or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises) had access*.
4.     The following persons were at the premises at the time the dangerous drug was found:
– owner of the premises*
– landlord of the premises*
– tenant of the premises*

– person employed by or acting for and on behalf of an owner, landlord or tenant of the premises*

5.     I believe that a dangerous drug has been supplied at or from the premises.

WARNING

If:

        (a)     you are notified on another 2 occasions that a dangerous drug has been found at the premises within 12 months after the date on which the record of finding was made under section 11E(3) of the Misuse of Drugs Act in circumstances in which a notice of finding of a dangerous drug may be given in relation to the premises under Part II, Division 1A of the Misuse of Drugs Act ; and

        (b)     the Commissioner of Police is satisfied that dangerous drugs have been supplied at or from the premises,

the Commissioner of Police may apply under section 11D(4) of the Misuse of Drugs Act for an order declaring these premises to be drug premises.

Dated............................................................
Signed.............................................................

[ member of Police Force ]

* delete if inapplicable

FORM 5

NORTHERN TERRITORY OF AUSTRALIA

MISUSE OF DRUGS ACT

section 11F(1)

RECORD OF SECOND FINDING OF DANGEROUS DRUG AT RESIDENTIAL PREMISES

1.     Address of residential premises at which dangerous drug was found.

2.     Type and quantity of dangerous drug found at premises.

3.     Date and time of finding of dangerous drug.

4.     Place in premises at which dangerous drug found.

5.     Names of known residents of premises.

6.     Names of residents and other persons at premises when dangerous drug was found.

7.     Reasons for suspicion that dangerous drug has been supplied at or from premises.

8.     Name of member of Police Force who found dangerous drug at premises.

9.     Date on which first record of finding of dangerous drug at premises made under section 11E(1) of Misuse of Drugs Act .

Dated............................................................
Signed.............................................................

[ member of Police Force ]

FORM 6

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11F(2)

NOTICE OF SECOND FINDING OF DANGEROUS DRUG AT RESIDENTIAL PREMISES

TO: The owner* landlord* tenant* of [ address of residential premises to which notice relates ].

In accordance with section 11F(2) of the Misuse of Drugs Act , I, [ name of member of Police Force issuing notice ] give notice of the following:

1.     The following dangerous drug was found at the above premises on [ date of second finding ] at [ approximate time of second finding ]:

[ describe type and quantity of dangerous drug found on premises ]

2.     The following residents of the premises* other persons* were at the premises at the time the dangerous drug was found:

3.     I believe that a dangerous drug has been supplied at or from the premises.

4.     A record under section 11E(1) of the Misuse of Drugs Act in relation to the finding of dangerous drug at the premises was made on [ date of record ].

A notice under section 11E(2) of the Misuse of Drugs Act of the finding of a dangerous drug at the premises was issued on [ date of issue of first notice of finding ].

A record under section 11F(1) of the Misuse of Drugs Act in relation to the finding (referred to in item 1) of a dangerous drug at the premises was made on [ date of record ].

WARNING

This is the first separate occasion on which a dangerous drug has been found at the premises within 12 months after a record was made under section 11E(1) of the Misuse of Drugs Act in relation to the premises.

If:

        (a)     a dangerous drug is found at the premises on another separate occasion within 12 months after the date on which the record of finding was made under section 11E(1) of the Misuse of Drugs Act in circumstances in which a notice of finding of a dangerous drug may be given in relation to the premises under Part II, Division 1A of the Misuse of Drugs Act ; and

        (b)     the Commissioner of Police is satisfied that dangerous drugs have been supplied at or from the premises,

the Commissioner of Police may apply under section 11D(3) of the Misuse of Drugs Act for an order declaring these premises to be drug premises.

Dated............................................................
Signed............................................................

[ member of Police Force ]

* delete if inapplicable

FORM 7

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11F(3)

RECORD OF SECOND FINDING OF DANGEROUS DRUG AT COMMERCIAL OR LIQUOR LICENCE PREMISES

1.     Address of commercial or liquor licence premises at which dangerous drug was found.
2.     Names of:
– owner of premises*
– landlord of premises*
– tenants of premises*

– for liquor licence premises – the licensee within the meaning of the Liquor Act *.

3.     Type and quantity of dangerous drug found at premises.

4.     Date and time of finding of dangerous drug.

5.     Place in premises at which the dangerous drug was found.
6.     Names of persons in whose apparent possession the dangerous drug was found:
– owner of premises*
– landlord of premises*
– tenant of premises*

– person employed by or acting on for and on behalf of owner, landlord or tenant*.
7.     Names of persons at premises when dangerous drug was found:
– owner of premises*
– landlord of premises*
– tenant of premises*

– person employed by or acting on for and on behalf of owner, landlord or tenant*.

8.     Reasons for suspicion that dangerous drug has been supplied at or from premises.

9.     Name of member of Police Force who found dangerous drug at premises.

10.     Date on which first record of finding of dangerous drug at premises made under section 11E(3) of Misuse of Drugs Act .

Dated............................................................
Signed............................................................

[ member of Police Force ]

* delete if inapplicable

FORM 8

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11F(4)

NOTICE OF SECOND FINDING OF DANGEROUS DRUG AT COMMERCIAL OR LIQUOR LICENCE PREMISES

TO: The licensee within the meaning of the Liquor Act * owner* landlord* tenant* of [ address of commercial premises or liquor licence premises to which notice relates ].

In accordance with section 11F(4) of the Misuse of Drugs Act , I, [ name of member of Police Force issuing notice ] give notice that:

1.     The following dangerous drug was found at the above premises on [ date of second finding ] at [ approximate time of second finding ]:

[ describe type and quantity of dangerous drug found at premises]

2.     The dangerous drug was:

– apparently in the possession of [ name of person ], who is an owner* landlord* tenant* person employed by or acting for and on behalf of an owner, landlord or tenant of the premises*

– in a room in the premises to which only an owner, landlord or tenant of the premises (or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises) had access*.
3.     The following persons were at the premises at the time the dangerous drug was found:
– owner of premises*
– landlord of premises*
– tenant of premises*

– person employed by or acting for and on behalf of an owner, landlord or tenant of the premises*.

4.     I believe that a dangerous drug has been supplied at or from the premises.

5.     A record under section 11E(3) of the Misuse of Drugs Act of the finding of a dangerous drug at the premises was made on [ date of record ].

A notice under section 11E(4) of the Misuse of Drugs Act of the finding of a dangerous drug at the premises was issued on [ date of issue of first notice of finding ].

A record under section 11F(3) of the Misuse of Drugs Act of the finding (referred to in item 1) of a dangerous drug at the premises was made on [ date of record ].

WARNING

This is the first separate occasion on which a dangerous drug has been found at the premises within 12 months after a record was made under section 11E(3) of the Misuse of Drugs Act in relation to the premises.

If:

        (a)     a dangerous drug is found at the premises on another separate occasion within 12 months after the record was made under section 11E(3) of the Misuse of Drugs Act in relation to the premises in circumstances in which a notice of finding of a dangerous drug may be given in relation to the premises under Part II, Division 1A of the Misuse of Drugs Act ; and

        (b)     the Commissioner of Police is satisfied that dangerous drugs have been supplied at or from the premises,

the Commissioner of Police may apply under section 11D(4) of the Misuse of Drugs Act for an order declaring these premises to be drug premises.

Dated............................................................
Signed............................................................

[ member of Police Force ]

* delete if inapplicable

FORM 9

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11G(1)

RECORD OF THIRD OR SUBSEQUENT FINDING OF DANGEROUS DRUG AT RESIDENTIAL PREMISES

1.     Address of residential premises at which dangerous drug was found.

2.     Type and quantity of dangerous drug found at premises.

3.     Date and time of finding of dangerous drug.

4.     Place in premises at which dangerous drug found.

5.     Names of known residents of premises.

6.     Names of residents and other persons at premises when dangerous drug was found.

7.     Reasons for suspicion that dangerous drug has been supplied at or from premises.

8.     Name of member of Police Force who found dangerous drug at premises.

9.     Date on which first record of finding of dangerous drug at premises made under section 11E(1) of Misuse of Drugs Act .

10.     Date on which second record of finding of dangerous drug at premises made under section 11F(1) of Misuse of Drugs Act .

Dated............................................................
Signed............................................................

[ member of Police Force ]

FORM 10

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11G(2)

NOTICE OF THIRD OR SUBSEQUENT FINDING OF DANGEROUS DRUG AT RESIDENTIAL PREMISES

TO: The owner* landlord* tenant* of [ address of residential premises to which notice relates ].

In accordance with section 11G(2) of the Misuse of Drugs Act , I, [ name of member of Police Force issuing notice ] give notice of the following:

1.     The following dangerous drug was found at the above premises on [ date of third or subsequent finding ] at [ approximate time of third or subsequent finding ]:

[ describe type and quantity of dangerous drug found at premises ]

2.     The following residents of the premises* other persons* were at the premises at the time the dangerous drug was found:

3.     I believe that a dangerous drug has been supplied at or from the premises.

4.     A record under section 11E(1) of the Misuse of Drugs Act of the finding of a dangerous drug at the premises was made on [ date of record ].

A notice under section 11E(2) of the Misuse of Drugs Act of the finding of a dangerous drug at the premises was issued on [ date of issue of first notice of finding ].

A record under section 11F(1) of the Misuse of Drugs Act of the finding of a dangerous drug at the premises was made on [ date of record ].

A notice under section 11F(2) of the Misuse of Drugs Act of the finding of a dangerous drug at the premises was issued on [ date of issue of second notice of finding ].

A record under section 11G(1) of the Misuse of Drugs Act of the finding (referred to in item 1) of a dangerous drug at the premises was made on [ date of record ].

WARNING

This is the second or subsequent separate occasion on which a dangerous drug has been found at the premises within 12 months after a record was made under section 11E(1) of the Misuse of Drugs Act in relation to the premises.

If the Commissioner of Police is satisfied that dangerous drugs have been supplied at or from the premises, he or she may apply under section 11D(3) of the Misuse of Drugs Act for an order declaring these premises to be drug premises.

Dated............................................................
Signed............................................................

[ member of Police Force ]

* delete if inapplicable

FORM 11

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11G(3)

RECORD OF THIRD OR SUBSEQUENT FINDING OF DANGEROUS DRUG AT COMMERCIAL OR LIQUOR LICENCE PREMISES

1.     Address of commercial or liquor licence premises at which dangerous drug was found.
2.     Names of:
– owner of premises*
– landlord of premises*
– tenants of premises*

– for liquor licence premises – the licensee within the meaning of the Liquor Act *.

3.     Type and quantity of dangerous drug found at premises.

4.     Date and time of finding of dangerous drug.

5.     Place in premises at which the dangerous drug was found.
6.     Names of person in whose apparent possession dangerous drug was found:
– owner of premises*
– landlord of premises*
– tenant of premises*

– person employed by or acting on for and on behalf of owner, landlord or tenant*.
7.     Names of persons at premises when dangerous drug was found:
– owner of premises*
– landlord of premises*
– tenant of premises*

– person employed by or acting on for and on behalf of owner, landlord or tenant*.

8.     Reasons for suspicion that dangerous drug has been supplied at or from premises.

9.     Name of member of Police Force who found dangerous drug at premises.

10.     Date on which first record of finding of dangerous drug at premises made under section 11E(3) of Misuse of Drugs Act .

11.     Date on which second record of finding of dangerous drug at premises made under section 11F(3) of Misuse of Drugs Act .

Dated............................................................
Signed............................................................

[ member of Police Force ]

FORM 12

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11G(4)

NOTICE OF THIRD OR SUBSEQUENT FINDING OF DANGEROUS DRUG AT COMMERCIAL OR LIQUOR LICENCE PREMISES

TO: The licensee within the meaning of the Liquor Act * owner* landlord* tenant* of [ address of commercial premises or liquor licence premises to which notice relates ].

In accordance with section 11G(4) of the Misuse of Drugs Act , I, [ name of member of Police Force issuing notice ] give notice that:

1.     The following dangerous drug was found at the above premises on [ date of finding ) at [ approximate time of finding ]:

[ describe type and quantity of dangerous drug found at premises]

2.     The dangerous drug was apparently:

– in the possession of [ name of person ], who is an owner* landlord* tenant* person employed by or acting for and on behalf of an owner, landlord or tenant of the premises*

– in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises had access*.
3.     The following persons were at the premises at the time the dangerous drug was found:
– owner of premises*
– landlord of premises*
– tenant of premises*

– person employed by or acting for and on behalf of an owner, landlord or tenant of the premises*.

4.     I believe that a dangerous drug has been supplied at or from the premises.

5.     A record under section 11E(3) of the Misuse of Drugs Act of the finding of a dangerous drug at the premises was made on [ date of record ].

A notice under section 11E(4) of the Misuse of Drugs Act of the finding of a dangerous drug at the premises was issued on [ date of issue of first notice of finding ].

A record under section 11F(3) of the Misuse of Drugs Act of the finding of a dangerous drug at the premises was made on [ date of record ].

A notice under section 11F(4) of the Misuse of Drugs Act of the finding of a dangerous drug at the premises was issued on [ date of issue of second notice of finding ].

A record under section 11G(3) of the Misuse of Drugs Act of the finding (referred to in item 1) of a dangerous drug at the premises was made on [ date of record ].

WARNING

This is the second or subsequent separate occasion on which a dangerous drug has been found at the premises within 12 months after a record was made under section 11E(3) of the Misuse of Drugs Act in relation to the premises in circumstances in which a notice of finding of a dangerous drug may be given in relation to the premises under Part II, Division 1A of the Misuse of Drugs Act .

If the Commissioner of Police is satisfied that dangerous drugs have been supplied at or from the premises, he or she may apply under section 11D(4) of the Misuse of Drugs Act for an order declaring these premises to be drug premises.

Dated............................................................
Signed............................................................

[ member of Police Force ]

* delete if inapplicable

FORM 13

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11N(2)(b)

NOTICE OF MAKING OF DRUG PREMISES ORDER

You have been served with a copy of a drug premises order made under section 11D of the Misuse of Drugs Act in relation to the premises at [ address ].

A drug premises order has the following effect:

The premises may be searched by a member of the Police Force at any time without a warrant.

A person on the premises may be searched and an order may be sought authorising the performance of an internal search of the body of the person.

A person on the premises at the time a dangerous drug is found on the premises may be charged with possession of the drug.

An object on the premises that relates to an offence that may have been committed on the premises may be seized.

A restraining order may be issued to a person who breaches the peace on these premises.

If you are on the premises or within 200 metres of the premises and a member of the Police Force believes you are associated with the premises, you may be required to tell him or her your name and address.

WARNING

A notice under section 11Q of the Misuse of Drugs Act will be affixed to the premises within 7 days after the date on which this notice is served, unless an owner, landlord or tenant serves on the Commissioner of Police notice of an application under section 11P of the Misuse of Drugs Act for the revocation of the drug premises order. An appeal under section 19 of the Local Court Act to the Supreme Court may not be lodged until such an application has been made and has been refused.

FORM 14

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 11Q(1)

NOTICE

WARNING: THESE PREMISES ARE DRUG PREMISES UNDER THE MISUSE OF DRUGS ACT

The premises may be searched by a member of the Police Force at any time without a warrant.

A person on the premises may be searched and an order may be sought authorising the performance of an internal search of the body of the person.

A person on the premises at the time a dangerous drug is found on the premises may be charged with possession of the drug.

An object on the premises that relates to an offence against the Misuse of Drugs Act that may have been committed on the premises may be seized.

A restraining order may be issued to a person who breaches the peace on these premises.

If you are on the premises or within 200 metres of the premises and a member of the Police Force believes you are associated with the premises, you may be required to tell him or her your name and address.

It is an offence to tamper with, deface, remove, damage or alter this notice while it remains in force.

Commissioner of Police

FORM 15

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 19C(2)

REQUEST FOR RELEASE OF SEIZED PROPERTY FOR ANALYSIS OR EXAMINATION

To:     Commissioner of Police
On the ........ of ........................20.....

    [day]     [month]     [ year ]

Police seized property [ brief description of property seized – e.g. leaf matter, powder in bag ] that is, or may be, a dangerous drug or precursor at:
.........................................................

    [ address ]
I ................................ of ......................................................,

    [ name ]                     [ address ]

being a person who has been or is to be charged with an offence in relation to the property, apply for the release of a sample or samples of the property for the purpose of conducting an analysis or examination.
I specify .................................................

        [ name of person proposed ]

as the person to have custody of this property for the purpose of conducting the analysis or examination.

Note: The specified person must be authorised under this Act, another Act of the Territory or an Act of the Commonwealth, a State or another Territory to have possession of the dangerous drug or precursor.

Signed ..................................

FORM 16

NORTHERN TERRITORY OF AUSTRALIA

Misuse of Drugs Act

section 19PA(2)

REQUEST FOR RELEASE OF SUBSTANCE FOR ANALYSIS OR EXAMINATION

To:     Commissioner of Police
On the ........ of ........................20.....

    [day]     [month]     [ year ]

Police seized a substance (that is or may be a substance other than a dangerous drug or precursor) at:
.........................................................

    [ address ]

The substance is to be destroyed under section 19P of the Misuse of Drugs Act .

I understand that the substance has now been analysed/examined by an analyst.
I ................................... of ...................................................,

    [ name ]                     [ address ]

being the owner of the substance, apply for the release of a sample or samples of the substance for the purpose of conducting an analysis or examination.
I specify .................................................

        [ name of person ]

as the person to have custody of the substance for the purpose of conducting the analysis or examination.

Signed ..................................



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