Miscellaneous Offences

Question 1

S9 MODA - Cultivates Prohibited plants

Answer 1

Except pursuant to a licence under this act or as otherwise permitted by regulations under this act, NO PERSON SHALL CULTIVATE ANY PROHIBITED PLANT

Penalty: 7yrs Imprisonment

Defence: if the defendant proves that plant was of the species PAPAVER SOMINFERUM and not intended to be a source of a controlled drug

Question 2

S12 MODA - Use premises or vehicle

Answer 2

Every person commits an offence against this act who knowingly permits any
• premises, vessel, aircraft, hovercraft, motor vehicle or other mode of conveyance
To be used for the purpose of the commission of an offence against this act

PENALTY
Class A - 10yrs
Class B - 7yrs
All other - 3yrs

Question 3

S16 MODA - Obstruction of officers

Answer 3

Every person commits an offence who wilfully obstruct, hinders, resists or deceives any other person in the execution of any powers conferred on that other person pursuant to this act.

Relates specifically to obstruction ANYONE who is executing powers pursuant to MODA 1975

Question 4

S43
Restrictions on possession of prescription medicines
Medicines Act 1981

Answer 4

No person shall without reasonable excuse, import, procure, receive, store, use or otherwise have in his possession any prescription medicine

Question 5

Is possession of a needle an offence

Answer 5

No, but will become so if the syringe contains a useable amount of a controlled drug.

Question 6

S11 Health Regulations 1998 - relating to use or disposal

Answer 6

11 Offences relating to use or disposal

(1) Every person commits and offence who
(a) offers to any other person, for use by that other person a used needle or used syringe OR
(b) accepts for use a used needle or syringe OR
(c) disposes of a needle or syringe in a public place

Question 7

S12 Health Regulations 1998 - Offences relating to sale

Answer 7

12 Offences relating to sale
(1) Every person commits an offence who, not being a pharmacist, a pharmacy employee, an approved medical practitioner, or an authorised representative, sells or supplies or attempts to sell or supply a needle or syringe to any other person who—
(a) Is not a pharmacist, a pharmacy employee, an approved medical practitioner, or
an authorised representative; or
(b) Is a pharmacist or pharmacy employee who is prohibited under regulation 3(2)
from selling new needles and new syringes.
(2) Every person commits an offence who, being a pharmacist or pharmacy employee, sells or supplies or attempts to sell or supply a needle or syringe to any other person otherwise than in accordance with regulation 3.
(3) Every person commits an offence who, being a pharmacist or pharmacy employee who is prohibited under regulation 3(2) from selling new needles and new syringes, sells or supplies or attempts to sell or supply a needle or syringe to any other person.
(4) Every person commits an offence who, being an approved medical practitioner, sells or supplies or attempts to sell or supply a needle or syringe to any other person otherwise than in accordance with regulation 4.
(5) Every person commits an offence who, being an authorised representative, sells or supplies or attempts to sell or supply a needle or syringe to any other person otherwise than in accordance with regulation 5.

Question 8

Who is exempt from charges relating to the sale or supply of needles or syringes

Answer 8

• Pharmacies
• Medical practitioners
• Authorised representatives of the health department