Western Australian Consolidated Acts

MISUSE OF DRUGS ACT 1981 - SECT 5

5 .         Offences concerned with prohibited drugs and prohibited plants in relation to premises and utensils

        (1)         A person who — 

            (a)         being the occupier of any premises, knowingly permits those premises to be used for the purpose of — 

                  (i)         the manufacture or preparation of a prohibited drug or prohibited plant for use; or

                  (ii)         the manufacture, preparation, sale, supply or use of a prohibited drug or prohibited plant;

            (b)         being the owner or lessee of any premises, knowingly permits those premises to be used for the purpose of using a prohibited drug or prohibited plant;

            (c)         is knowingly concerned in the management of any premises used for any of the purposes referred to in paragraphs (a) and (b);

            (d)         has in his possession — 

                  (i)         any pipes or other utensils for use in connection with the smoking of a prohibited drug or prohibited plant; or

                  (ii)         any utensils used in connection with the manufacture or preparation of a prohibited drug or prohibited plant for smoking,

                in or on which pipes or utensils there are detectable traces of a prohibited drug or prohibited plant; or

            (e)         is found in any place which is then being used for the purpose of smoking a prohibited drug or prohibited plant other than cannabis,

                except when he is authorised by or under this Act or by or under the Poisons Act 1964 to do so, commits a simple offence.

        (2)         In subsection (1) — 

        owner , in relation to any premises, includes the person entitled to receive the rent of those premises and the person to whom the rent of those premises is paid.

        [Section 5 amended by No. 52 of 2003 s. 28.]