Misc offences

Question 1

what are the 3 offences under Health Regulations Act, regulation 11?

Answer 1

Offences relating to use or disposal of needles (pg 46)

11(1)(a)
offers to any other person, for use by that person, a used needle or used syringe

11(1)(b)
Accepts a used needle or used syringe

11(1)(c)
Disposes of a used needle or syringe in a public place

Question 2

is possession of a needle or syringe an offence?

Answer 2

Possession of a needle per se is not an offence, but will become so if the syringe contains a useable amount of a controlled drug. An offence is being committed in respect of the drugs ie possession.

Question 3

Supply equipment / material / precursor: sec and ingredients

Answer 3

Sec 12A(1)(a) or (b),

• Supplies/manufactures/produces
• (a)equipment/material capable of being used in/for the commission of an offence against sec 6(1)(b) or 9
• (b) precursor substance
• knowing the equipment/material/precursor was to be used in/for the commission of an offence against sec 6(1)(b) or 9.

Question 4

Possession of equipment /material / precursor sec

Answer 4

Sec 12A(2)(a) or (b)

Question 5

Cultivation

section and ingredients

Answer 5

Sec 9, MODA 1975

except pursuant to a licence under this act or other wise permitted by regulations under this act, no person shall cultivate any prohibited plant

Question 6

permits premise

section and ingredients

Answer 6

Sec 12(1), MODA 1975

• knowingly
• permits any premises, vehicle, vessel etc
• to be used for the purpose of the commission of an offence against this act

Question 7

Obstruction (MODA)

section and ingredients

Answer 7

Sec 16, MODA 1975

• Wilfully
• obstructs / hinders / deceives
• any person acting in the execution of powers conferred on that person by or pursuant to this act.

Question 8

Possession of prescription medication

Answer 8

Sec 43(1) medicines act 1981
no person shall, without reasonable excuse, import, receive, store, use or otherwise be in possession of any prescription medication.