New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 36N

36N Exemption from criminal liability for users of licensed injecting centre

(1) In this section--

"exempt quantity" , in relation to a prescribed drug, means--

(a) in the case of a prohibited drug, a small quantity of the drug (subject to paragraph (b)), or

(b) in any case, such quantity of the drug as is prescribed by the regulations.

(2) Despite any other provision of this Act or of any other Act or law (other than a provision prescribed by the regulations)--

(a) it is not unlawful for a person at a licensed injecting centre--

(i) to be in possession of (otherwise than for supply) no more than an exempt quantity of a prescribed drug, or

(ii) to be in possession of an item of equipment for use in the administration of a prescribed drug, or

(iii) to administer or attempt to administer to himself or herself no more than an exempt quantity of a prescribed drug, and

(b) in particular, a person at a licensed injecting centre--

(i) who has in his or her possession (otherwise than for supply) no more than an exempt quantity of a prescribed drug, or

(ii) who has in his or her possession an item of equipment for use in the administration of a prescribed drug, or

(iii) who administers or attempts to administer to himself or herself no more than an exempt quantity of a prescribed drug,

does not commit an offence under section 10, 11 or 12, or any other offence prescribed by the regulations, just because of that fact.

(3) Subsection (2) does not affect the operation of--

(a) the conditions of any recognizance to which a person is subject (whether under the Crimes Act 1900 or otherwise), or

(b) any bail conditions to which a person is subject under the Bail Act 2013 , or

(c) the conditions of any program to which a person is subject under the Drug Court Act 1998 .

(4) Nothing in this section prevents a police officer from exercising a discretion not to charge a person with an offence under section 10 or 11--

(a) in respect of the possession of a prescribed drug, or

(b) in respect of the possession of an item of equipment for use in the administration of a prescribed drug,

while the person is travelling to or from, or is in the vicinity of, a licensed injecting centre.

(5) The reference in subsection (4) to a discretion includes a reference to a discretion referred to in any guidelines applicable to police discretions.