• Specific Year
    Any

MISUSE OF DRUGS ACT 1981

Table of Provisions

PART I -- Preliminary  

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

PART IIIA -- Cannabis intervention

Division 1 -- Preliminary  

Division 2 -- Cannabis intervention requirements  

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

Division 3 -- Cannabis intervention sessions  

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

PART IIIB -- Psychoactive substances  

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

PART III -- Procedure  

  • 9 Summary trial of some indictable offences
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  • 10 Alternative verdicts
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  • 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
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  • 15 Sale or supply of category 1 items
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  • 16 Storage of category 1 items
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  • 17 Sale or supply of category 2 items
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  • 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 4B -- Border Search Areas

Division 1 -- Preliminary  

  • 20M Terms used
  •  
  • 20N Border Search Area (BSA)

Division 2 -- Ancillary provisions in relation to exercising powers in Division  

  • 20O Other written laws
  •  
  • 20P Assistance when exercising powers under Division
  •  
  • 20Q Use of force

Division 3 -- Powers of authorised officers in public place in BSA  

  • 20R Authorised officers and BSA authorisations
  •  
  • 20S Exercise of powers under Division
  •  
  • 20T Powers of authorised officers in relation to persons
  •  
  • 20U Powers of authorised officers in relation to vehicles

Division 4 -- Offences  

  • 20V Application of section 29 to exercise of powers conferred by or under this PART
  •  
  • 20W Failure to comply with requirement of authorised officer

Division 5 -- Reporting, oversight and review  

  • 20X Commissioner’s reports
  •  
  • 20Y Annual report by Corruption and Crime Commission
  •  
  • 20Z Inspection of records by Corruption and Crime Commission
  •  
  • 20ZA Review of 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
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  • 27 Disposal of prohibited drugs and prohibited plants
  •  
  • 27A Analysis at request of accused
  •  
  • 27B Confidentiality
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  • 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 Liability of officers for offence by body corporate
  •  
  • 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  

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

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