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Queensland
DRUGS MISUSE
AMENDMENT BILL 1995
Queensland
DRUGS MISUSE AMENDMENT BILL
1995
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
19A Application of s 43K and 43L to anything removed, seized
or retained under this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 5A--CONTROLLED SUBSTANCES INFORMATION
REQUIREMENTS
43A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
43B Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
43C What is a relevant transaction? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
43D Requirements for supply of controlled substance under
relevant transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
43E Requirement to report loss or theft of controlled substance . . . . . . . 7
43F Employee's liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
43G False name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
43H Production or display of authorised officer's official
identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
43I Authorised officer may enter person's premises and
inspect register and documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
43J Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
43K Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
43L Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
43M Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Drugs Misuse Amendment
43N Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
43O Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . 12
43P Police officer may arrest without warrant . . . . . . . . . . . . . . . . . . . . . 13
43Q Obstruction of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
43R Responsibility for acts or omissions of representatives . . . . . . . . . . 14
43S Executive officers must ensure corporation complies with part . . . . 14
43T Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
43U Evidence of controlled substance by label . . . . . . . . . . . . . . . . . . . . 15
43V Evidence of controlled substance--notice of challenge required . . 16
6 Amendment of s 56 (Analyst's certificate) . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7 Replacement of s 59 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
59 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8 Insertion of new sch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
SCHEDULE 6
CONTROLLED SUBSTANCES
9 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 20
MINOR AMENDMENTS
1995
A BILL
FOR
An Act to amend the Drugs Misuse Act 1986, and for other purposes
s1 4 s4
Drugs Misuse Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Drugs Misuse Amendment Act 1995. 3
4
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 5
amended 6
Act
Clause 3. This Act amends the Drugs Misuse Act 1986. 7
of new s 19A 8
Insertion
Clause 4. After section 19-- 9
insert-- 10
of s 43K and 43L to anything removed, seized or 11
`Application
retained under this part 12
`19A.(1) Sections 43K 1 and 43L 2 apply, with all necessary changes, to 13
anything removed, seized or retained by a police officer under this part. 14
`(2) Subsection (1) applies subject to the following provisions-- 15
· section 14(7) (Power to stop, search, seize and remove 16
vehicles etc.) 17
· section 15(8) and (9) (Power to detain and search persons) 18
· section 18(5) (Power to search).'. 19
1 Section 43K (Receipt for seized things)
2 Section 43L (Procedure after thing seized)
s5 5 s5
Drugs Misuse Amendment
of new pt 5A 1
Insertion
Clause 5. After section 43-- 2
insert-- 3
ART 5A--CONTROLLED SUBSTANCES 4
`P
INFORMATION REQUIREMENTS 5
6
`Definitions
`43A. In this part-- 7
"authorised officer" means-- 8
(a) an environmental health officer; or 9
(b) a police officer. 10
"controlled substance" means-- 11
(a) a substance specified in schedule 6; or 12
(b) a salt, derivative or stereo-isomer of a substance specified in 13
schedule 6; or 14
(c) a salt of a derivative or stereo-isomer of a substance specified in 15
schedule 6; 16
but does not include a compound consisting of a substance specified in 17
schedule 6 and of a substance not specified in schedule 6. 18
"environmental health officer" means an environmental health officer 19
appointed as an inspector under the Health Act 1937, section 27 20
(Appointment of officers). 21
"executive officer", of a corporation, means a person who is concerned 22
with, or takes part in, the corporation's management, whether or not 23
the person is a director or the person's position is given the name of 24
executive officer. 25
"obstruct" includes hinder, resist and attempt to obstruct. 26
"official identity card", of an authorised officer, means an identity card-- 27
(a) if the authorised officer is a police officer--issued by the 28
Commissioner of the Police Service containing the officer's 29
s5 6 s5
Drugs Misuse Amendment
photograph and identifying the person as a police officer; or 1
(b) if the authorised officer is an environmental health 2
officer--issued by-- 3
(i) the chief executive of the department in which the Health Act 4
1937 is administered; or 5
(ii) a regional director of a regional health authority; 6
containing the officer's photograph and identifying the person as an 7
environmental health officer. 8
"prescribed documents" means the documents prescribed by regulation 9
mentioned in section 43D(1).3 10
"register" means the register mentioned in section 43D(1)(c). 11
"relevant transaction" see section 43C.4 12
"supply" means give, distribute, sell or supply. 13
of part 14
`Application
`43B. This part applies to the supply of a controlled substance under a 15
relevant transaction. 16
is a relevant transaction? 17
`What
`43C. A "relevant transaction" for the supply of a controlled substance 18
is-- 19
(a) a transaction for the supply of the substance by a person to 20
anyone else in the ordinary course of the person's business; or 21
(b) another act, prescribed by regulation, by which the substance is 22
supplied. 23
3 Section 43D (Requirements for supply of controlled substance under relevant
transactions)
4 Section 43C (What is a relevant transaction?)
s5 7 s5
Drugs Misuse Amendment
for supply of controlled substance under relevant 1
`Requirements
transactions 2
`43D.(1) A person who supplies a controlled substance under a relevant 3
transaction to anyone else (a "recipient") must-- 4
(a) obtain, as prescribed by regulation, from the recipient the 5
documents, and the evidence of the recipient's identity, prescribed 6
by regulation; and 7
(b) keep, as prescribed by regulation-- 8
(i) the documents mentioned in paragraph (a); and 9
(ii) any other document about the supply of the controlled 10
substance under the relevant transaction; and 11
(c) keep, as prescribed by regulation, a relevant transactions register 12
(a "register") showing the details of-- 13
(i) the relevant transactions; and 14
(ii) if the person has to report the loss or theft of a controlled 15
substance under section 43E5 --the reporting of the loss or 16
theft to a police officer. 17
Maximum penalty-- 18
(a) for a first offence--20 penalty units; or 19
(b) for a second or later offence--40 penalty units. 20
`(2) This section applies subject to section 43F,6 which deals with the 21
liability of employees. 22
to report loss or theft of controlled substance 23
`Requirement
`43E.(1) This section applies to a person who-- 24
(a) owns a controlled substance; or 25
(b) has possession of a controlled substance for the purpose of 26
supplying the substance under a relevant transaction. 27
5 Section 43E (Requirement to report loss or theft of controlled substance)
6 Section 43F (Employee's liability)
s5 8 s5
Drugs Misuse Amendment
`(2) If the substance is lost or stolen, the person must report the loss or 1
theft of the substance to a police officer within 2 days after the person finds 2
out about it. 3
Maximum penalty-- 4
(a) for a first offence--20 penalty units; or 5
(b) for a second or later offence--40 penalty units. 6
`(3) This section applies subject to section 43F, which deals with the 7
liability of employees. 8
liability 9
`Employee's
`43F.(1) In this section-- 10
"controlled substance information requirements" means the 11
requirements under the following sections-- 12
· section 43D (Requirements for supply of controlled substances 13
under relevant transactions) 14
· section 43E (Requirement to report loss or theft of controlled 15
substance). 16
`(2) This section applies to an employee who in the ordinary course of 17
employment has the task of complying with the controlled substance 18
information requirements for the employee's employer. 19
`(3) If the employee intentionally or recklessly fails to comply with the 20
controlled substance information requirements, the employee commits an 21
offence. 22
Maximum penalty-- 23
(a) for a first offence--20 penalty units; or 24
(b) for a second or later offence--40 penalty units. 25
`(4) In a proceeding, evidence that an employee supplied, or helped in the 26
supply of, a controlled substance under a relevant transaction is evidence 27
that the employee had the task mentioned in subsection (2). 28
s5 9 s5
Drugs Misuse Amendment
name or address 1
`False
`43G. A person must not obtain, or attempt to obtain, a controlled 2
substance from someone else under a relevant transaction by giving the 3
other person-- 4
(a) an order for the supply of a controlled substance stating a false 5
name or address; or 6
(b) false evidence of the identity of the person to be supplied. 7
Maximum penalty--20 penalty units. 8
or display of authorised officer's official identity card 9
`Production
`43H.(1) An authorised officer (other than a police officer in uniform) 10
may exercise a power under this part in relation to someone else only if the 11
officer-- 12
(a) first produces his or her official identity card for inspection by the 13
person; or 14
(b) has his or her card displayed so that it is clearly visible to the 15
person. 16
`(2) However, if for any reason, it is not practicable to comply with 17
subsection (1), the authorised officer must produce the official identity card 18
for inspection by the person at the first reasonable opportunity. 19
officer may enter person's premises and inspect register 20
`Authorised
and documents 21
`43I.(1) If an authorised officer suspects on reasonable grounds a person 22
has supplied a controlled substance to anyone else under a relevant 23
transaction, the authorised officer may enter-- 24
(a) a part of the person's business premises open to the public when 25
the part is open to the public; or 26
(b) any part of the premises with the person's consent. 27
`(2) An authorised officer who is lawfully on another person's business 28
premises and suspects on reasonable grounds that the person has supplied a 29
controlled substance to anyone else under a relevant transaction may-- 30
s5 10 s5
Drugs Misuse Amendment
(a) require the person or the person's employee or agent (the 1
"supplier") to produce the register and the prescribed 2
documents; and 3
(b) inspect, take extracts from and make copies of the register or 4
prescribed documents; and 5
(c) inspect, examine, photograph or film anything stored at the 6
premises that may be a controlled substance; and 7
(d) require the supplier to give the authorised officer reasonable help 8
to exercise the powers mentioned in paragraphs (b) and (c). 9
10
Example of paragraph (d)--
11
An authorised officer may make a reasonable requirement of the supplier to take
12
an extract from and make copies of the register or prescribed documents for the
13
officer.
`(3) The supplier must-- 14
(a) produce the register and prescribed documents the authorised 15
officer has asked for; and 16
(b) comply with a requirement under subsection (2)(d), unless the 17
supplier has a reasonable excuse for not complying with it. 18
Maximum penalty for subsection (3)-- 19
(a) for a first offence--20 penalty units; or 20
(b) for a second or later offence--40 penalty units. 21
to seize evidence 22
`Power
`43J. An authorised officer who is lawfully on someone else's business 23
premises may seize a thing if the officer believes on reasonable grounds the 24
thing is evidence of the commission of an offence against this part. 25
for seized things 26
`Receipt
`43K.(1). As soon as practicable after an authorised officer seizes a thing 27
the officer must give a receipt for it to the person from whom it was seized. 28
`(2) However, if for any reason it is not practicable to comply with 29
subsection (1), the officer must leave the receipt in a conspicuous position 30
s5 11 s5
Drugs Misuse Amendment
and in a reasonably secure way at the place of seizure. 1
`(3) The receipt must describe generally each thing seized and its 2
condition. 3
`(4) This section does not apply to a thing if it is impracticable or would 4
be unreasonable to give the notice required by the section (given the thing's 5
nature, condition and value). 6
after thing seized 7
`Procedure
`43L.(1) If a thing is seized by an authorised officer under section 43J,7 8
the officer must allow a person who would be entitled to the seized thing if 9
it were not in the officer's possession to inspect it and, if it is a document, to 10
take extracts from or make copies of it. 11
`(2) If the seized thing is a document, an authorised officer may take 12
extracts from or make copies of it. 13
`(3) The authorised officer must return the seized thing to the person at 14
the end of-- 15
(a) 6 months; or 16
(b) if a prosecution for an offence involving it is started within the 17
6 months--the prosecution for the offence and any appeal from 18
the prosecution. 19
`(4) Despite subsection (3), the authorised officer must return the seized 20
thing to the person immediately the officer stops being satisfied its retention 21
as evidence is necessary. 22
on conviction 23
`Forfeiture
`43M.(1) Despite section 43L,8 if the owner of the seized thing is 24
convicted of an offence for which the thing was retained as evidence under 25
section 43J, the court may order its forfeiture to the State. 26
`(2) This section does not limit the court's powers under the Penalties 27
and Sentences Act 1992 or any other law. 28
7 Section 43J (Power to seize evidence)
8 Section 43L (Procedure after thing seized)
s5 12 s5
Drugs Misuse Amendment
with forfeited things 1
`Dealing
`43N. On the forfeiture of a thing to the State under section 43M,9 the 2
thing becomes the State's property and may be destroyed or disposed of as 3
directed by the Commissioner of the Police Service. 4
to require name and address 5
`Power
`43O.(1) An authorised officer may require a person to state the person's 6
name and address if the authorised officer-- 7
(a) finds the person committing an offence against this part; or 8
(b) finds the person in circumstances that lead, or has information 9
that leads, the authorised officer to suspect, on reasonable 10
grounds, the person-- 11
(i) has committed an offence against section 43G;10 or 12
(ii) has just committed an offence against another provision of 13
this part; or 14
(c) finds the person on business premises entered by the authorised 15
officer under section 43I11 and, after exercising a power under 16
section 43I(2)(b) or (c) on the premises, suspects on reasonable 17
grounds the person has committed an offence against either or 18
both of the following provisions-- 19
· section 43D (Requirements for supply of controlled 20
substance under relevant transactions) 21
· section 43F(3) (Employee's liability). 22
`(2) When making the requirement, the authorised officer must warn the 23
person it is an offence to fail to state the person's name and address, unless 24
the person has a reasonable excuse. 25
`(3) The authorised officer may require the person to give evidence of the 26
correctness of the person's stated name or address if the officer suspects, on 27
9 Section 43M (Forfeiture on conviction)
10 Section 43G (False name or address)
11 Section 43I (Authorised officer may enter person's premises and inspect register
and documents)
s5 13 s5
Drugs Misuse Amendment
reasonable grounds, the stated name or address is false. 1
`(4) A person must comply with a requirement under subsection (1) or 2
(3), unless the person has a reasonable excuse for not complying with it. 3
Maximum penalty--20 penalty units. 4
`(5) The person does not commit an offence against this section if-- 5
(a) the authorised officer required the person to state the person's 6
name and address on suspicion of the person having committed 7
an offence against this part; and 8
(b) the person is not proved to have committed the offence. 9
officer may arrest without warrant 10
`Police
`43P. A police officer may arrest a person without a warrant if the officer 11
believes on reasonable grounds that-- 12
(a) the person has just committed an offence against 13
section 43O(4);12 and 14
(b) proceedings by way of complaint and summons against the 15
person would be ineffective. 16
of authorised officers 17
`Obstruction
`43Q.(1) A person must not obstruct an authorised officer in the exercise 18
of a power under this part, unless the person has a reasonable excuse. 19
Maximum penalty--20 penalty units. 20
`(2) This section does not limit the Police Service Administration Act 21
1990, section 10.20A (Assault etc. of police officer). 22
for acts or omissions of representatives 23
`Responsibility
`43R.(1) In this section-- 24
"representative" means-- 25
12 Section 43O (Power to require name and address)
s5 14 s5
Drugs Misuse Amendment
(a) of a corporation--an executive officer, employee or agent of the 1
corporation; or 2
(b) of an individual--an employee or agent of the individual. 3
"state of mind" of a person includes-- 4
(a) the person's knowledge, intention, opinion, belief or purpose; and 5
(b) the person's reasons for the intention, opinion, belief or purpose. 6
`(2) Subsections (3) and (4) apply in a proceeding for an offence against 7
this part. 8
`(3) If it is relevant to prove a person's state of mind about a particular 9
act or omission, it is sufficient to show-- 10
(a) the act was done or omitted to be done by a representative of the 11
person within the scope of the representative's actual or apparent 12
authority; and 13
(b) the representative had the state of mind. 14
`(4) An act done or omitted to be done for a person by a representative of 15
the person within the scope of the representative's actual or apparent 16
authority is taken to have been done or omitted to be done also by the 17
person, unless the person proves the person could not, by the exercise of 18
reasonable diligence, have prevented the act or omission. 19
officers must ensure corporation complies with part 20
`Executive
`43S.(1) The executive officers of a corporation must ensure the 21
corporation complies with this part. 22
`(2) If a corporation commits an offence against a provision of this part, 23
each of the corporation's executive officers also commits an offence, 24
namely, the offence of failing to ensure the corporation complies with the 25
provision. 26
Maximum penalty--the penalty prescribed for the contravention of the 27
provision by an individual. 28
`(3) Evidence that a corporation has been convicted of an offence against 29
a provision of this part is evidence each of the corporation's executive 30
officers committed the offence of failing to ensure the corporation complies 31
with the provision. 32
s5 15 s5
Drugs Misuse Amendment
`(4) However, it is a defence for an executive officer to prove-- 1
(a) if the officer was in a position to influence the conduct of the 2
corporation in relation to the offence--the officer exercised 3
reasonable diligence to ensure the corporation complied with the 4
provision; or 5
(b) the officer was not in a position to influence the conduct of the 6
corporation in relation to the offence. 7
`(5) In this section-- 8
"convicted" of an offence means that the corporation has been found guilty 9
of the offence, on a plea of guilty or otherwise, whether or not a 10
conviction was recorded. 11
12
`Compensation
`43T.(1) A person may claim compensation from the State if the person 13
incurs loss or expense because of the exercise or purported exercise by an 14
authorised officer of a power under this part. 15
`(2) Payment of compensation may be claimed and ordered in a 16
proceeding for-- 17
(a) compensation brought in a court of competent jurisdiction; or 18
(b) an offence against this part brought against the person making the 19
claim for compensation. 20
`(3) A court may order the payment of compensation for the loss or 21
expense only if it is satisfied it is just to make the order in the circumstances 22
of the particular case. 23
of controlled substance by label 24
`Evidence
`43U.(1) This section applies if, in a proceeding for an offence against 25
this part, it is relevant to prove that a substance owned or supplied by, or in 26
the possession of, a person was a controlled substance. 27
`(2) The substance is proved to have been a controlled substance if-- 28
(a) there is evidence that the container containing the substance had a 29
label indicating the substance was a controlled substance; and 30
s5 16 s5
Drugs Misuse Amendment
(b) an authorised officer gives evidence that the authorised officer 1
believes the container contained a controlled substance; and 2
(c) written notice mentioned in section 43V(4) has not been received 3
from the person summonsed or charged by-- 4
(i) if the proceedings have been brought by a police officer--the 5
Commissioner of the Police Service; or 6
(ii) if the proceedings have been brought by an environmental 7
health officer--the chief executive of the department in 8
which the Health Act 1937 is administered; and 9
(d) the court considers the belief mentioned in paragraph (b) to be 10
reasonable; and 11
(e) there is no evidence to the contrary. 12
of controlled substance--notice of challenge required 13
`Evidence
`43V.(1) This section applies if a summons has been served on a person 14
for, or a person has been charged with, an offence to which section 43T13 15
applies. 16
`(2) A notice in the approved form (the "notice") must be served on the 17
person when the person is served with the summons or charged with the 18
offence. 19
`(3) The notice may be served on the person in the same way as a 20
summons may be served under the Justices Act 1886, section 56 (Service 21
of summons). 22
`(4) The notice must inform the person that, if the person intends 23
challenging that a substance claimed in the charge to be a controlled 24
substance was a controlled substance, the person must give-- 25
(a) if the proceedings have been brought by a police officer--the 26
Commissioner of the Police Service; or 27
(b) if the proceedings have been brought by an environmental health 28
officer--the chief executive of the department in which the Health 29
Act 1937 is administered; 30
13 Section 43T (Compensation)
s6 17 s7
Drugs Misuse Amendment
written notice of the intention at least 14 days before the day fixed for the 1
hearing. 2
`(5) If a summons is served on the person, a statement in a deposition 3
made for the Justices Act 1886, section 56(3)(b) that the notice was served 4
as required by subsection (2) is evidence of the fact. 5
`(6) The Justices Act 1886, section 56(5) applies to the deposition. 6
`(7) If the person is charged with an offence mentioned in subsection (1), 7
a statement in a deposition made for the Justices Act 1886, section 56(7) 8
that the notice was served as required by subsection (2) is evidence of the 9
fact. 10
`(8) The Justices Act 1886, section 56(8) applies to the deposition.'. 11
of s 56 (Analyst's certificate) 12
Amendment
Clause 6. Section 56-- 13
insert-- 14
`(2) In subsection (1)-- 15
"proceedings", for an offence, include an application made under 16
section 32(1).14'. 17
of s 59 (Regulations) 18
Replacement
Clause 7. Section 59-- 19
omit, insert-- 20
21
`Regulations
`59.(1) The Governor in Council may make regulations under this Act. 22
`(2) A regulation may be made about the following matters-- 23
(a) specifying where, and the time for which, the register and the 24
prescribed documents mentioned in part 5A15 must be kept; 25
14 Section 32 (Forfeiture of dangerous drugs)
15 Part 5A (Controlled substances information requirements)
s8 18 s8
Drugs Misuse Amendment
(b) making provision for anything about the supply of a controlled 1
substance under a relevant transaction for which part 5A does not 2
make provision or adequate provision; 3
(c) exempting a person from compliance with the whole, or part, of 4
part 5A with or without conditions; 5
(d) prescribing offences for contraventions of a regulation and fixing 6
a maximum penalty of a fine of not more than 20 penalty units.'. 7
of new sch 6 8
Insertion
Clause 8. After schedule 5-- 9
insert-- 10
`SCHEDULE 6 11
ONTROLLED SUBSTANCES 12
`C
section 43C of the Act 13
1 Chloro-Phenyl 2 Aminopropane 14
1 Phenyl 2 Chloropropane 15
1 Phenyl 2 Methylaminopropane 16
1 Phenyl 2 Nitro propene 17
Acetic Anhydride 18
Benzyl Cyanide 19
Boron Tribromide 20
Ephedrine 21
Hydriodic Acid 22
Phenyl Acetic Acid 23
Phenylpropanolamine 24
Phenyl 2 Propanone 25
s9 19 s9
Drugs Misuse Amendment
Phenyl 2 Propanone Oxime 1
Pseudoephedrine 2
Pyridine 3
Red phosphorous.'. 4
5
Repeal
Clause 9. The Drugs Misuse Act Amendment Act 1990 is repealed. 6
7
20
Drugs Misuse Amendment
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
section 3 of the Act 3
1. Section 4(1), definitions "medical practitioner", "Minister" and 4
"police officer"-- 5
omit. 6
2. Section 4(1)-- 7
insert-- 8
` "approved form" means a form approved by the chief executive under 9
section 58A.16 10
"police officer" includes a person mentioned in the National Crime 11
Authority Act 1984 (Cwlth), section 49 whose services are made 12
available to the National Crime Authority.'. 13
3. Section 10(3), from `Minister for Health' to `Medical Services)'-- 14
omit, insert-- 15
`Minister administering the Health Act 1937'. 16
4. Section 18(1) and (2), `form prescribed by regulation'-- 17
omit, insert-- 18
`approved form'. 19
16 Section 58A (Chief executive may approve forms)
21
Drugs Misuse Amendment
SCHEDULE (continued)
5. Section 20(1), `a form prescribed by regulation'-- 1
omit, insert-- 2
`an approved form'. 3
6. Section 36(5)(a) and (b)-- 4
omit, insert-- 5
`(a) the registrar or a deputy registrar of the Supreme Court if that 6
court makes the order; or 7
(b) the registrar of a Childrens Court constituted by a Judge if that 8
court makes the order; or 9
(c) the clerk of the court at the place where-- 10
(i) a Childrens Court constituted by a Childrens Court 11
Magistrate or a Magistrate; or 12
(ii) a Magistrates Court constituted by a Magistrate; 13
is the court making the order;'. 14
7. Section 41(7), penalty-- 15
omit, insert-- 16
`Maximum penalty--2 years imprisonment'. 17
8. Section 41(8), penalty-- 18
omit, insert-- 19
`Maximum penalty--5 years imprisonment'. 20
9. Section 48(5), penalty-- 21
omit, insert-- 22
`Maximum penalty--2 years imprisonment'. 23
22
Drugs Misuse Amendment
SCHEDULE (continued)
10. Section 48(6), penalty-- 1
omit, insert-- 2
`Maximum penalty--5 years imprisonment'. 3
11. Section 52A, from `or member' to `Department of Health)'-- 4
omit, insert-- 5
`, authorised by the Minister administering the Health Act 1937,'. 6
12. Section 54(4)(a) and (b)-- 7
omit, insert-- 8
`(a) the registrar or a deputy registrar of the Supreme Court if that 9
court makes the order; or 10
(b) the registrar of the court if the court making the order is a District 11
Court or a Childrens Court constituted by a Judge; or 12
(c) the clerk of the court at the place where-- 13
(i) a Childrens Court constituted by a Childrens Court 14
Magistrate or a Magistrate; or 15
(ii) a Magistrates Court constituted by a Magistrate; 16
is the court making the order;'. 17
13. After section 58-- 18
insert-- 19
`Chief executive may approve forms 20
`58A. The chief executive may approve forms for use under this Act.'. 21
23
Drugs Misuse Amendment
SCHEDULE (continued)
14. Section 61-- 1
omit. 2
3
© State of Queensland 1995
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