Miscellaneous Offences

Question 1

Section 9(1), liability, penalty, and possible defense

Answer 1

MODA75 Section 9(1), Cultivation of a Prohibited Plant

Except pursuant to any license under this Act
or otherwise permitted under any regulation made under this Act
no person shall
Cultivate any Prohibited Drug

Section9(2)
Penalty 7 years imprisonment

Defense
Cultivating Papaver Somniferum and not developing any prohibited strains.

Question 2

MODA75 Section 12, liability and penalty

Answer 2

MODA75 Section 12(1) use of premises or vehicle

Every person commits an offense against this Act
Who knowingly permits any premises or vehicle
to be used for the purpose of the commission of an offense under this Act

Section 12(2)
Penalty:
(a) 10 years, class A
(b) 7 years class B
(c) 3 years any other case

Question 3

MODA75 Section 16

Answer 3

MODA75 Section 16, Obstruction of officers

Every person commits an offense under this Act
who willfully obstructs, hinders, resists or deceives
any other person
in the execution of any powers conferred on them by this Act

Question 4

What Act and sections might be useful when dealing with medicines?

Answer 4

The Medicines Act 1981

Sections 43, 44 and 45

Question 5

What legislation might be helpful in dealing with needles and syringes, especially if they contain a useable amount of a prohibited drug?

Answer 5

Health Regulations 1998

Sections 11 and 12.

Question 6

In relation to an offense under s9, what must you prove?

Answer 6

You must prove:

(1) the identity of the suspect
(2) that they cultivated a prohibited plant

Question 7

What’s the difference between the offense of obstruction in the Summary Offences Act and the Misuse of Drugs Act?

Answer 7

Relates to anyone who is executing powers under MODA75

Question 8

Under s9(4) there is a defense to the charge of Cultivation of a Prohibited Plant. What is the defense?

Answer 8

(1) That it was the species Papaver Somniferum
(2) That it was not intended to be the source of a controlled drug
(3) That it was not being developed as a strain to produce a controlled drug

Question 9

Rose is aware John is using a spare bedroom in her house to cultivate cannabis. What can Rose be charged with?

Answer 9

MODA75 Section 12(1), Use of premises or vehicle

(1) She knowing permitted John to carry out this activity on her property.
(2) John’s activity is an offence against MODA75

She is liable for no greater that 3 years imprisonment as the drug involved was class C.

Question 10

The power to undertake a controlled delivery is vested in whom?

Answer 10

Misuse Of Drugs Amendment Act 1978, s12

a Customs officer only.

Question 11

What section of the Search and Surveillances Act deals with controlled deliveries?

Answer 11

Section 81
Allows a constable or customs office to search a person vehicle or place for
controlled drugs
precursors
packages where customs have replaced part or all of the controlled drugs
EM in relation to offences against 6(1)(a) or 12AB of MODA75

Question 12

What section and act allows delivery of imported drugs for the purpose of detection?

Answer 12

Misuse of drugs Amendment Act 1978 s12

Question 13

What are the two options of controlled delivery?

Answer 13

(1) Clean controlled delivery.
- no drugs left in the consignment
- eliminates risk of lost drugs
- greater freedom for organising surveillance
- importation and/or conspiracy charges at termination of operation

(2) retain an amount of the drug in the consignment.
- enables possession for supply charges
- enables use of emergency powers not covered by SW
- greater security required

Question 14

Who has overall responsibility in the investigation for exhibits and correct procedures being carried out?

Answer 14

Police will liaise with Customs but Police carry final responsibility.

Question 15

Electronic Inception can only be employed under which two circumstances?

Answer 15

(1) the commodity must be a controlled drug under s6 of MODA75
(2) an offence pursuant to the Psychoactive Substances Act 2013

Question 16

Who are TSU?

Answer 16

Technical support unit. Contact this unit as early as possible.

Question 17

Does the controlled delivery require 24hr surveillance?

Answer 17

Yes. The delivery may take a few days to over a week. Staff will need to be rostered to provide sufficient surveillance coverage of the delivery.

Question 18

When would a surveillance device warrant be required?

Answer 18

Section 46 of SSA2012

(c) observation of private activity on private property
(d) use of SD that involves trespass to land or goods
(e) observation 3hrs in any 24hrs or 8hrs total

Question 19

What is a CUSMOD check?

Answer 19

Where Customs back-capture previous deliveries to the address.

Question 20

What considerations are emphasised on delivery?

Answer 20

control
risk management
communication

Question 21

What must be maintained by headquarters during the delivery phase?

Answer 21

A written log

Question 22

What sections of SSA2012 give search powers in relation to MODA75 offence?

Answer 22

Sections 19 - 24

19 People
20 Places
21 People in places
22 Controlled drugs
23 Internal searches
24 Failure to comply with Internal searches with respect to bail

Question 23

What schedules and part schedules are considered in SSA2012

Answer 23

Schedule 1
Part 1 of Schedule 2
Part 1 of Schedule 3
Part 3 of Schedule 4

Question 24

Which section of SSA2012 provides the emergency power to enter, search and seize in relation to MODA78?

Does the power allow you to stop a vehicle?

Answer 24

Section 81
Remember to record all SSA2012 decisions in your notebook

Section 81 doesn’t allow you to stop a vehicle.

Question 25

What SSA2012 section would you use to stop a vehicle to arrest a person who has committed and imprisonable offence?

Will this section allow you to search that vehicle?

Answer 25

Use Section 9 to stop the vehicle and make the arrest.
Record decision in note book

Use section 81 to conduct the search if there is no warrant available or obtainable.

Question 26

What section of SSA2012 would permit you to stop and search a vehicle where there was a warrant in place or there was an offence against the Psychoactive Substances Act 2013?

Can you use this section to conduct the search?

Answer 26

Section 121
Record decision in note book

Section 121 can only be used to stop then enact a power.
The power to search will need to come from a warrant or section 81.

Question 27

What are the statutory obligations when enacting a power?

Answer 27

Identify by name or unique identifier
Act, enactment that the search will be conducted under
Reason for the search
Evidence of identity if not in uniform

Question 28

What two types of tracking devices are typically employed?

Answer 28

Beacon and GPS

Question 29

A device warrant for tracking will be required if the device cant be retrieved within what period of time?

There is a section in SSA2012 that deals with the use of surveillance devices in an emergency such as this. What section is this?

Answer 29

48hrs

s48

Question 30

What section of what Act deals with people believed to be concealing class A or B controlled drugs internally, who are not under arrest?

Answer 30

Section 13A of the Misuse of Drugs Amendment Act 1978.

Question 31

What’s the aim of controlled deliveries?

Answer 31

To identify those responsible for importation

To secure sufficient evidence for prosecution

Question 32

Controlled deliveries are conducted pursuant to which section of the Misuse of Drugs Amendment Act 1978?

Answer 32

Section 12

Question 33

Provisions for using a tracking device are found in what section?

Answer 33

SSA2012 s46

Question 34

Section 23 of the Search and Surveillance Act relates to people believed to be internally concealing drugs.
What 3 conditions must exist before a search can be conducted?

Answer 34

They must be under arrest
for offences against sections 6,7 or 11 of MODA75
and the drugs must be either class A, B or C.