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DRUGS OF DEPENDENCE ACT 1989 - SECT 174

Interpretation for pt 11

    (1)     In this part:

"offence" means an offence against this Act or the Criminal Code

, chapter 6 (Serious drug offences).

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001

, s 104).

    (2)     For this part, a thing is connected with a particular offence if—

        (a)     the offence has been committed in relation to it; or

        (b)     it will afford evidence of the commission of the offence; or

        (c)     it was used, or it is intended to be used, for the purpose of committing the offence; or

        (d)     after the commission of the offence, it was used for the purpose of taking steps to avoid the detection of the offence or the apprehension of the offender; or

        (e)     it was in the possession or under the control of the offender at the time of his or her apprehension in circumstances that make it likely that it was—

              (i)     used for the purpose of committing the offence; or

              (ii)     after the commission of the offence, used or intended to be used for the purpose of taking steps to avoid the detection of the offence or the apprehension of the offender.

    (3)     A reference in this part to an "offence" includes a reference to an offence that there are reasonable grounds for believing has been, or will be, committed.

    (4)     If a person is authorised under this part to enter premises or a place, and enters those premises or that place, a reference to the occupier of such premises or such a place includes a reference to a person reasonably believed by the authorised person to be the occupier, or to be in charge, of those premises or that place.



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