Misuse Of Drugs Act Flashcards
5 Supplying dangerous drug
(1) A person who unlawfully supplies, or takes part in the supply of, a dangerous drug to another person, whether or not:
(a) that other person is in the Territory; and
(b) where the dangerous drug is supplied to a person at a place outside the Territory, the supply of that dangerous drug to the person constitutes an offence in that place,
is guilty of a crime.
(2) A person guilty of a crime under subsection (1) is, subject to section 22, punishable on being found guilty by a maximum penalty of:
(a) Where the amount of the dangerous drug supplied is not a commercial quantity:
(i) where the dangerous drug is a dangerous drug specified in Schedule 1, the offender is an adult and the person to whom it is supplied is a child – imprisonment for life;
(ii) where the dangerous drug is a dangerous drug specified in Schedule 1 and subparagraph (i) does not apply – imprisonment for 14 years;
(iii) where the dangerous drug is a dangerous drug specified in Schedule 2, the offender is an adult and the person to whom it is supplied is a child – imprisonment for 14 years; and
(iv) where the dangerous drug is a dangerous drug specified in Schedule 2 and subparagraph (iii) does not apply – 85 penalty units or imprisonment for 5 years, or if the drug is supplied in an indigenous community, 9 years.
(b) Where the amount of the dangerous drug supplied is a commercial quantity:
(i) where the dangerous drug is a dangerous drug specified in Schedule 1, the offender is an adult and the person to whom it is supplied is a child – imprisonment for life;
(iA) where the dangerous drug is a dangerous drug specified in Schedule 1 and subparagraph (i) does not apply – imprisonment for 25 years;
(ii) where the dangerous drug is a dangerous drug specified in Schedule 2, the offender is an adult and the person to whom it is supplied is a child – imprisonment for 25 years; and
(iii) in any other case where the dangerous drug is a dangerous drug specified in Schedule 2 – imprisonment for 14 years.
(3) In a prosecution for an offence against subsection (2), a statement in the complaint or information that the place at which the alleged supply occurred, or was to occur, was at the relevant time an indigenous community, is evidence of the matters stated.
7 Cultivation
(1) A person who unlawfully cultivates, or takes part in the cultivation of, a prohibited plant is guilty of a crime.
(2) A person guilty of a crime under subsection (1) is, subject to section 22, punishable on being found guilty by a maximum penalty of:
(a) Where the number of prohibited plants in respect of which the person is found guilty is a commercial quantity of the plant – imprisonment for 25 years.
(b) Where the number of prohibited plants in respect of which the person is found guilty is a traffickable quantity of the plant – imprisonment for 7 years.
(c) In any other case – 40 penalty units or imprisonment for 2 years.
9 Possession
(1) A person who unlawfully possesses a dangerous drug is guilty of a crime.
(2) A person guilty of a crime under subsection (1) is, subject to section 22, punishable on being found guilty by a maximum penalty of:
(a) Where the dangerous drug is a dangerous drug specified in Schedule 1 and the amount of the dangerous drug is a commercial quantity – imprisonment for 25 years.
(b) Where the dangerous drug is a dangerous drug specified in Schedule 1 and the amount of the dangerous drug is not a commercial quantity but is a traffickable quantity:
(i) if the person is in possession of it in a public place – imprisonment for 14 years; and
(ii) in any other case – imprisonment for 7 years.
(c) Where the dangerous drug is a dangerous drug specified in Schedule 1 and the amount of the dangerous drug is neither a commercial quantity nor a traffickable quantity:
(i) if the person is in possession of it in a public place – 85 penalty units or imprisonment for 5 years; or
(ii) in any other case – 40 penalty units or imprisonment for 2 years.
(d) Where the dangerous drug is a dangerous drug specified in Schedule 2 and the amount of the dangerous drug is a commercial quantity – imprisonment for 14 years.
(e) Where the dangerous drug is a dangerous drug specified in Schedule 2 and the dangerous drug is not a commercial quantity but is a traffickable quantity – 85 penalty units or imprisonment for 5 years.
(f) Where the dangerous drug is a dangerous drug specified in Schedule 2 and the amount of the dangerous drug is neither a commercial quantity nor a traffickable quantity:
(i) if the person is in possession of it in a public place – 40 penalty units or imprisonment for 2 years; or
(ii) in any other case – 17 penalty units.
11C Indications that premises used to supply dangerous drugs
(1) For the purposes of this Division, the indications that a dangerous drug has been supplied at or from residential premises include the following:
(a) that a member of the Police Force was prevented, obstructed or delayed from entering or re-entering the premises;
(b) the presence on the premises or in sight of the premises of a person acting as a lookout;
(c) the presence on the premises of things used in the supply, manufacture or use of a dangerous drug;
(d) the presence on the premises, or in the possession of a person on the premises, of a firearm within the meaning of the Firearms Act;
(e) the presence on the premises of documents or records used in connection with the supply or manufacture of a dangerous drug;
(f) amounts of money on the premises that cannot be satisfactorily accounted for by a resident of, or an owner or landlord of, the premises;
(g) the presence at the premises of a person or persons who are, or who appear to be, under the influence of a dangerous drug;
(h) excessive, frequent or suspicious vehicular or pedestrian traffic to or from the premises;
(i) the presence on the premises, or in the vicinity of the premises, of persons known to be involved in the sale or distribution of a dangerous drug;
(j) the presence on the premises of property reasonably suspected of being stolen or of being exchanged in return for a dangerous drug;
(k) that a dangerous drug has been found on the premises on one or more occasions;
(l) if there are other indications – the construction of the premises, or an internal or external door on the premises, involved a device for preventing, delaying or obstructing entry or for giving alarm.
(2) For the purposes of this Division, the indications that a dangerous drug has been supplied at or from commercial or liquor licence premises include the following:
(a) that a member of the Police Force was prevented, obstructed or delayed from entering or re-entering the premises by an owner, landlord or tenant of the premises or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises;
(b) the presence of a thing that is used in the supply, manufacture or use of a dangerous drug and that is:
(i) in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii) in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
(c) the presence of a firearm within the meaning of the Firearms Act:
(i) in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii) in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
(d) the presence on the premises of documents or records used in connection with the supply or manufacture of a dangerous drug;
(e) amounts of money:
(i) in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, that cannot be satisfactorily accounted for by the person; or
(ii) found in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access, that cannot be satisfactorily accounted for by such a person;
(f) property reasonably suspected of being stolen, or of being exchanged in return for a dangerous drug, being property found:
(i) in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii) in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
(g) that a dangerous drug has been found on the premises on one or more occasions:
(i) in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii) in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
(h) if there are other indications – the construction of the premises, or an internal or external door on the premises, involved a device for preventing, delaying or obstructing entry or for giving alarm.
(3) For the purposes of Subdivision 3, in determining whether a dangerous drug has been supplied at or from residential, commercial or liquor licence premises, the court may take into account indications that do not occur on the premises but that relate to the premises.
11R Search of drug premises without warrant
(1) A member of the Police Force may, without a warrant:
(a) enter into or upon and search drug premises on or in which the member believes, on reasonable grounds, that any object connected with an offence against this Act is situated; and
(b) search the person of, the clothing that is being worn by, and property in the immediate control of, a person on drug premises who is reasonably suspected by the member to be carrying anything connected with an offence against this Act.
(2) A member of the Police Force may seize any object found by the member on the premises or a person in the course of a search under subsection (1) if he or she believes on reasonable grounds that the object is connected with an offence against this Act and it is necessary to do so in order to prevent the loss or destruction of the object.
(3) The power to search conferred under subsection (1) authorises a member:
(a) to use the reasonable force necessary to break into, enter and search the drug premises;
(b) to use the reasonable force necessary to open any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, found on or in the drug premises; and
(c) to use the reasonable force necessary to carry out a search of a person under subsection (1)(b).
(4) A search of a female person under subsection (1)(b) must be carried out only:
(a) by a female member of the Police Force;
(b) by a medical practitioner authorised by a member to carry out the search; or
(c) if there is neither a female member nor a medical practitioner available – by a female person authorised by a member to carry out the search.
(5) If a medical practitioner or a female person is authorised under subsection (4) to carry out a search of a female person, the medical practitioner or female person carrying out the search has, for the purposes of that search, the same powers, and is subject to the same protection, as a member of the Police Force.
12 Possession of things for administering dangerous drugs
(1) A person who unlawfully possesses a thing (other than a hypodermic syringe or needle) for use in the administration of a dangerous drug is guilty of an offence.
Maximum penalty: 17 penalty units or imprisonment for 2 years.
(2) A person, other than a medical practitioner, a nurse practitioner, a pharmacist or a member of a class of persons authorized so to do by the Minister who supplies a hypodermic syringe or needle to another person, whether or not the other person is in the Territory, for use in the administration of a dangerous drug to that or another person is guilty of an offence.
Maximum penalty: 17 penalty units or imprisonment for 2 years.
(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that he or she obtained the hypodermic syringe or needle from a medical practitioner, nurse practitioner, pharmacist or authorized person referred to in that subsection for the use of another person in the administration of a dangerous drug to that other person and the defendant supplied it to the other person, in its unused state, as soon as practicable after so obtaining it.
(4) A person who possesses a hypodermic syringe or needle who fails to use all reasonable care and take all reasonable precautions with it so as to avoid danger to the life, safety or health of another person is guilty of an offence.
Maximum penalty: 17 penalty units or imprisonment for 2 years.
(5) A person who possesses a hypodermic syringe or needle that has been used in the administration of a dangerous drug who fails to dispose of the syringe or needle in the manner prescribed is guilty of an offence.
Maximum penalty: 17 penalty units or imprisonment for 2 years.
13 Administering dangerous drug to self
A person who administers a dangerous drug to himself or herself is guilty of an offence.
Maximum penalty: 17 penalty units or imprisonment for 2 years.
14 Permitting another to administer
A person who allows another person to unlawfully administer a dangerous drug to the first-mentioned person is guilty of an offence.
Maximum penalty: 17 penalty units or imprisonment for 2 years.
20A Definitions
In this Part, unless the contrary intention appears:
offence means an offence against:
(a) section 7 where the prohibited plant is a cannabis plant and the number of plants being cultivated is not more than 2; or
(b) section 9 where the dangerous drug is one specified in column 1 of Schedule 3 and the amount of the drug in the possession of the person is less than the amount specified opposite the drug in column 2.
offender means a person who a member of the Police Force reasonably believes has committed an offence.
infringement notice means an infringement notice issued under this Part.
20B Issuing of infringement notices
(1) Subject to this section, where a member has reason to believe that an offence has been committed, the member may serve on the person who appears to have committed the offence an infringement notice.
(2) A member of the Police Force shall not serve an infringement notice on a person under subsection (1) unless the person is, or the member reasonably believes that the person is, an adult.
19U Definitions
In this Part:
authorisation means an authorisation under section 19V(1).
detection dog means a police dog trained to detect dangerous drugs or precursors.
drug detection area means the area that is subject to an authorisation.
electronic drug detection system means:
(a) an electronic device of a kind approved by the Commissioner of Police for the purpose of detecting the presence of a dangerous drug or precursor; or
(b) a system, of a kind approved by the Commissioner of Police, that involves the use of an electronic device for the purpose of detecting the presence of a dangerous drug or precursor.
general drug detection means:
(a) deploying a detection dog in a vehicle or near a person or other property; or
(b) using an electronic drug detection system in relation to a person or property in a manner prescribed by regulation;
for the purpose of determining whether the dog or system (as the case may be) detects the presence of a dangerous drug or precursor.
police dog, see section 4(1) of the Police Administration Act.
road, see section 5(1) of the Control of Roads Act.
senior police officer means a police officer of or above the rank of Commander.
19V Senior police officer may authorise special powers in drug detection areas
(1) If a senior police officer reasonably suspects that an area is being, or is likely to be, used for the transport of dangerous drugs or precursors in contravention of this Act, the senior police officer may give an authorisation in relation to the area.
(2) An authorisation must comply with any guidelines issued by the Commissioner of Police for this Part.
(3) An authorisation must specify the area that is subject to the authorisation.
(4) An authorisation is subject to any conditions specified in the authorisation.
(5) An authorisation has effect for the period, not exceeding 14 days, specified in the authorisation.
(6) An authorisation may be given in respect of the area that was subject to an authorisation that has expired.
(7) An authorisation may be varied or revoked at any time by a senior police officer.
(8) An authorisation or the variation or revocation of an authorisation must be in writing.
19W Restrictions relating to drug detection areas
An area may be subject to an authorisation only if:
(a) all of the area is more than 30 kilometres from the General Post Office at Darwin; and
(b) the area is not greater than 3 square kilometres; and
(c) for an area that consists of or includes one or more roads, any such road is no longer than 3 kilometres.
19X Effect of authorisations
(1) An authorisation authorises a police officer to exercise, for the detection of an offence against this Act that has been, is being or is likely to be committed, the powers conferred by this Part in the drug detection area to which the authorisation relates:
(a) without a warrant; and
(b) without reasonable suspicion that an offence against this Act has been committed.
(2) The Commissioner of Police must establish written procedures:
(a) to be followed by police officers when exercising the powers conferred by this Part to ensure, as far as is reasonably practicable, that any undue delay or inconvenience to a person who is subject to those powers is avoided; and
(b) to ensure that no more than 3 authorisations are in force at the same time.
(3) An authorisation given when 3 authorisations are already in force has no effect.
19Y Special powers to stop, detain, search and seize in relation to vehicles and people
(1) A police officer may:
(a) direct the driver of a vehicle in a drug detection area to stop the vehicle, whether at a drug detection point established under section 19Z or some other place; and
(b) detain the vehicle and carry out general drug detection in relation to the vehicle and any person or property in or on the vehicle; and
(c) inspect or search the vehicle, and do the following:
(i) direct the driver or another person to open any part of the vehicle or any cupboard, drawer, chest, trunk, box, package or other receptacle found in the vehicle;
(ii) use the reasonable force necessary to open any part of the vehicle or any cupboard, drawer, chest, trunk, box, package or other receptacle found in the vehicle; and
(d) enter the vehicle, using the reasonable force necessary; and
(e) detain or search a person:
(i) who was in the vehicle when it was detained; or
(ii) who the police officer reasonably believes has recently left the vehicle; and
(f) seize any item or thing that the officer reasonably believes is connected with any offence against this Act; and
(g) give any other directions that are reasonably necessary for, or incidental to, the effective exercise of powers under this section.
(2) Section 11R(4) and (5) apply in relation to a search carried out under this section.
(3) If a police officer, under subsection (1)(e), detains a person who is or was in a vehicle, the person may be detained only for as long as is reasonably necessary for the police officer to carry out general drug detection in relation to, and searches of, the vehicle and any person or property in or on the vehicle.
(4) A person commits an offence if the person fails to comply with a direction under subsection (1)(a).
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(5) A person detained by a police officer under subsection (1)(e) commits an offence if the person fails to inform the police officer of the person’s name, address and date of birth if requested by the police officer to do so.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(6) In this section:
driver, see section 3(1) of the Traffic Act.
Note for section 19Y
Additional powers are conferred under Part VII, Division 2A of the Police Administration Act on a police officer in relation to stopping, detaining, searching and seizing if the police officer has reasonable grounds to suspect the presence of a dangerous drug or precursor.
