IMPORTANT Flashcards
Difference between the offence of Obstruction contained in the Summary Offences Act and Misuse of Drugs Act?
Section 16 MODA
Every person commits an offence against this act who wilfully obstructs, hinders, resists or deceives any other person in the execution of any powers pursuant to this Act
Explain liability for allowing premise
Section 12(1) knowingly permitting her premise to be used in the cultivation and supply.
Under Section 9(4) there is a defence to a charge of cultivation of a prohibited plant. What is that defence?
If the person proves that the plant is Papaver Somniferum and that it was not intended to be a source of any controlled drug.
In relation to an offence against Section 9 of the Misuse of Drugs Act 1975, what must you prove?
The identity of the suspect and that they cultivated a prohibited plant.
Define a Tracking Device
a) a device that may be used to help ascertain by electronic or other means
i) the location of a thing or a person
ii) whether a thing has been opened, tampered with or in some other way dealt with
Define evidential material
In relation to an offence or suspected offence, means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence
Definition of visual surveillance device (a)
Any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is used or is capable of being used to observe or to observe and record, a private activity
Definition of interception device
Any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record a private communication (including telecommunication)
Explain legislation for Internal search vs Internal concealment:
Internal Search
Section 23 S&S - Only applies to a person under arrest pursuant to Section 6, 7 or 11 of Misuse of Drugs Act and relates to Class A, B and C controlled drugs
Internal Concealment
Section 13A Misuse of Drugs Act - RGTB concealing Class A or B controlled drugs but not under arrest
What Section and Act are controlled delivery operations conducted?
Section 12 Misuse of Drugs Amendment Act 1978
Not all controlled drugs are covered by emergency powers in Section 19 to 24. Which ones are?
Schedule 1
Part 1 of Schedule 2 and 3
Precursors
Emergency powers specifically relating to controlled deliveries:
Section 81 - Searches of persons, places and vehicles relating to deliveries under Section 12 MODA
Explain Section 64 (2) Evidence Act about informers (who is an informer)
A person who has supplied, gratuitously or for reward, information to an enforcement agency, or to a representative of an enforcement agency, concerning the possible or actual commission of an offence and has a reasonable expectation that their identity will not be disclosed
(and is not called as a witness by Prosecution)
In applying for a SDW you must convince the Judge you have reasonable grounds-
i) to suspect an offence has, is or is about to be committed against this Act or any enactment authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence of an offence
ii) to believe that the proposed use of a surveillance device will obtain information that is evidential material
iii) restriction in Section 45 do not prevent the issuing
Who is responsible for ensuring that irrelevant information obtained from an SDW is destroyed?
The commissioner of Police, as soon as no proceedings or further proceedings will be taken
