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MISUSE OF DRUGS ACT 1981


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   3A.     Approved analysts and botanists
            
   3B.     Specified drugs
            
   4.      Drugs and plants to which Act applies
            
   5A.     Authority required for some investigations
            
   5B.     Authorisation under Medicines and Poisons Act 2014

   PART II -- Offences relating to prohibited drugs and prohibited plants  

   5.      Offences concerned with prohibited drugs and prohibited plants in relation to premises and utensils
            
   6.      Offences concerned with prohibited drugs generally
            
   7.      Offences concerned with prohibited plants generally
            
   7A.     Selling or supplying a thing knowing it will be used in hydroponic cultivation of prohibited plants
            
   7B.     Drug paraphernalia, offences as to
            
   8A.     Defences relating to industrial hemp or industrial hemp seed

   PART IIIA -- Cannabis intervention

           Division 1 -- Preliminary  

   8B.     Terms used
            
   8C.     Operation of Young Offenders Act 1994 unaffected
            
   8D.     Appointment of authorised persons

           Division 2 -- Cannabis intervention requirements  

   8E.     CIR may be given for minor cannabis related offence
            
   8F.     Cannabis intervention requirement
            
   8G.     Young persons -- special requirements about CIRs
            
   8H.     Referral of young persons at risk to juvenile justice teams
            
   8I.     Withdrawal of CIR

           Division 3 -- Cannabis intervention sessions  

   8J.     Cannabis intervention session
            
   8K.     Benefit of completing CIS
            
   8L.     Extension of time to complete CIS
            
   8M.     Certificate of completion of CIS

   PART IIIB -- Psychoactive substances  

   8N.     Terms used
            
   8O.     Application of this Part to particular substances
            
   8P.     Effect of representing substance as psychoactive substance
            
   8Q.     Manufacture, sale or supply of psychoactive substances
            
   8R.     Promoting psychoactive substances
            
   8S.     Powers of police officers for purposes of this Part
            
   8T.     Powers to seize and dispose of thing suspected of being psychoactive substance
            
   8U.     Analysis of seized thing may be requested

   PART III -- Procedure  

   9.      Summary trial of some indictable offences
            
   10.     Alternative verdicts
            
   11.     Presumption of intent to sell or supply

   PART IV -- Controls relating to possession, sale, supply and storage of certain substances and things  

   12.     Terms used
            
   13.     Part not applicable to possession, sale or supply of certain substances or things
            
   14.     Possession of certain substances or things
            
   15.     Sale or supply of category 1 items
            
   16.     Storage of category 1 items
            
   17.     Sale or supply of category 2 items
            
   18.     Offences relating to declarations under s. 15(1)(c) or 17(1)(b)
            
   19.     Powers of police officers for purposes of this Part
            
   20.     Regulations as to category 1 items and category 2 items

   PART 4A -- Targeted searches

           Division 1 -- Preliminary  

   20A.    Terms used

           Division 2 -- Authorisations  

   20B.    Authorisation to exercise powers to search a vehicle or a person
            
   20C.    Authorisation to exercise powers to search premises

           Division 3 -- Ancillary provisions in relation to exercising powers  

   20D.    Other written laws
            
   20E.    Assistance when exercising powers under this Part
            
   20F.    Use of force

           Division 4 -- Vehicle searches  

   20G.    Powers of police officers in relation to searching vehicle in drug detection area
            
   20H.    Powers of police officers in relation to searching persons in a drug detection area

           Division 5 -- Searches of delivery business premises  

   20I.    Powers of police officers in relation to premises

           Division 6 -- Offences  

   20J.    Failure to comply with requirement of police officer
            
   20K.    Application of section 29 to exercise of powers conferred by or under this Part

           Division 7 -- Prescribed procedures  

   20L.    Regulations as to the exercise of powers under this PART

   PART V -- Location, seizure, detention and disposal of things used in commission of offences  

   21.     Terms used
            
   22.     Powers of police officers and approved persons in relation to manufacturers, sellers and suppliers of prohibited drugs and cultivators, sellers and suppliers of prohibited plants
            
   23.     Powers of police officers when things suspected of being used in commission of offences
            
   24.     Granting of search warrants in connection with prevention or detection of offences
            
   25.     Powers ancillary to power of search
            
   26.     Powers of police officers and others when things suspected of being used in commission of offences found, received or acquired
            
   26A.    Powers of approved analyst or approved botanist
            
   27.     Disposal of prohibited drugs and prohibited plants
            
   27A.    Analysis at request of accused
            
   27B.    Confidentiality
            
   28.     Compensation for destroyed seized property
            
   29.     Hindering police officers and approved persons in exercise of powers conferred by or under this Part
            
   30.     Approved persons

   PART VI -- General  

   31.     Undercover officers
            
   32.     No limitation
            
   32A.    Drug trafficking
            
   33.     Attempts, conspiracies, incitements and accessories after the fact
            
   34.     Penalties
            
   35.     Criminal liability of company officers
            
   37.     Proof of exceptions
            
   38.     Certificate of approved analyst or approved botanist
            
   38A.    Accused may obtain copy of certificate
            
   38B.    Accused may object to use of certificate
            
   38C.    Order for costs of approved analyst or approved botanist
            
   38D.    Evidence of contents of standard
            
   39.     Delegation by Commissioner
            
   40.     Civil liability of persons acting under this Act
            
   41.     Regulations
            
   42.     Amendment of certain schedules
            
   42A.    Annual report to Minister on Part 4A
            
   42B.    Review of Part 4A

   PART VII -- Transitional provisions

           Division 1 -- Preliminary  

   43.     Interpretation Act 1984 not limited
            
   44.     Transitional regulations

           Division 2 -- Provisions for Cannabis Law Reform Act 2010  

   45.     Terms used
            
   46.     CINs continue in force
            
   47.     Amounts outstanding in 12 months time under a CIN are to be taken to be paid
            
   48.     Transitional provisions (Sch. IX)
           SCHEDULE I -- Drugs to which Act applies, notwithstanding anything in Medicines and Poisons Act 2014
           SCHEDULE II -- Plants to which this Act applies
           SCHEDULE III -- Amounts of prohibited drugs determining court of trial
           SCHEDULE IV -- Numbers of prohibited plants determining court of trial
           SCHEDULE V -- Amounts of prohibited drugs giving rise to presumption of intention to sell or supply same
           SCHEDULE VI -- Numbers of prohibited plants giving rise to presumption of intention to sell or supply same or prohibited drugs obtainable from same
           SCHEDULE VII -- Amounts of prohibited drugs for purposes of drug trafficking
           SCHEDULE VIII -- Numbers of prohibited plants for purposes of drug trafficking
           SCHEDULE IX -- Transitional provisions   1. Property subject to holding orders under repealed s. 28
           Compilation table


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