Northern Territory Consolidated Acts

MISUSE OF DRUGS ACT 1990

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Act to bind Crown and application  
   4A.     Relationship with Hemp Industry Act 2019  
   4B.     Meaning of drug analogue  
   4C.     Application of Criminal Code  

   PART II--OFFENCES

           Division 1--Supply, cultivation, manufacture and possession

              Subdivision 1--Supply of dangerous drug

   5.      Supply of dangerous drug – commercial quantity  
   5A.     Supply of dangerous drug – less than commercial quantity  
   5B.     Supply of dangerous drug to child – commercial quantity  
   5C.     Supply of dangerous drug to child – less than commercial quantity  
   5D.     Supply of dangerous drug in indigenous community – less than commercial quantity  
   5E.     Application of offences  

              Subdivision 2--Cultivation of prohibited plant and manufacture of dangerous drug

   6.      Cultivation of prohibited plant – commercial quantity  
   6A.     Cultivation of prohibited plant – traffickable quantity  
   6B.     Cultivation of prohibited plant – less than traffickable quantity  
   6C.     Cultivation of prohibited plant in presence of child – commercial quantity  
   6D.     Cultivation of prohibited plant in presence of child – traffickable quantity  
   6E.     Manufacture of dangerous drug – commercial quantity  
   6F.     Manufacture of dangerous drug – less than commercial quantity  
   6G.     Manufacture of dangerous drug in presence of child  

              Subdivision 3--Possession of dangerous drug

   7.      Possession of dangerous drug – commercial quantity  
   7A.     Possession of dangerous drug – traffickable quantity  
   7B.     Possession of dangerous drug – less than traffickable quantity  
   7C.     Possession of dangerous drug in public place – traffickable quantity  
   7D.     Possession of dangerous drug in public place – less than traffickable quantity  

              Subdivision 4--Other possession offences

   8.      Receiving or possessing tainted property  
   8A.     Possession of precursors of dangerous drugs  
   8B.     Possession of document containing instructions for manufacture of dangerous drug or precursor  
   8C.     Possession of articles for use in manufacture of dangerous drug or precursor  

              Subdivision 5--Alternative verdicts

   9.      Alternative verdicts  

           Division 1A--Drug premises orders

              Subdivision 1--Preliminary

   11A.    Definitions  
   11B.    Service of notices under this Division  
   11C.    Indications that premises used to supply dangerous drugs  
   11D.    Commissioner may apply for order if premises used to supply dangerous drugs  

              Subdivision 2--Record of finding of drugs and warning that order may be made

   11E.    Record and warning of first finding of dangerous drugs on premises  
   11F.    Record and warning of second finding of dangerous drugs on premises  
   11G.    Record and warning of third finding of dangerous drug on premises  

              Subdivision 3--Making and revocation of drug premises orders

   11H.    No notice to be given of application for drug premises order  
   11J.    Hearing of applications for orders and revocation of orders  
   11K.    Drug premises order if indications of supply at or from premises  
   11L.    Order if indications of supply and 3 findings of dangerous drugs  
   11M.    Duration of drug premises order  
   11N.    Notice of drug premises order to be given within 7 days  
   11P.    Owner etc. may apply for order to be revoked  
   11Q.    Notice to be affixed to drug premises  

              Subdivision 4--Effect of drug premises order

   11R.    Search of drug premises without warrant  
   11S.    Offences relating to entry and search of drug premises  
   11SA.   Offence not to give name and address when near drug premises  
   11T.    Restraining orders if breach of the peace  
   11U.    Tenants and residents may be evicted  
   11V.    All residents on premises taken to have possession of drug  
   11W.    Commissioner of Police may apply for suspension of liquor licence  

           Division 2--Other offences

   11X.    Supplying precursor for use in manufacture of dangerous drug  
   11Y.    Theft of dangerous drug  
   12.     Possession of things for administering dangerous drugs  
   13.     Self-administering dangerous drug  
   14.     Allowing another person to administer dangerous drug  
   15.     Display or supply of cocaine kit, water pipe or ice pipe  
   19.     Parties to offences committed outside Territory  

   PART IIA--DESTRUCTION OF EXHIBITS

           Division 1--Pre-trial orders

   19A.    Definition  
   19B.    Suspected drug or precursor may be destroyed  
   19C.    Person from whom drug or precursor seized entitled to have sample analysed or examined  
   19E.    Determination of Local Court with respect to destruction on first mention of charge  
   19F.    Matters for consideration on determination for retention of dangerous drug  
   19G.    Adjournment  
   19H.    Review of determination for retention of dangerous drug  
   19J.    Destruction of dangerous drugs  
   19K.    Use of dangerous drugs for research etc.  
   19M.    Order on committal for trial  
   19N.    Order on initial hearing of trial  
   19P.    Seized substances may be destroyed or disposed of  
   19PA.   Entitlement to have substance analysed or examined  
   19PB.   Contaminated objects may be cleaned or disposed of  

           Division 2--Post-trial orders

   19Q.    Order on appeal  

           Division 3--Supplementary

   19R.    Presumption on appeal  
   19S.    Return of dangerous drug or precursor to lawful owner  
   19T.    Regulations  
   19TA.    Service of notices  

   PART IIAB--DRUG DETECTION AREAS

   19U.    Definitions  
   19V.    Senior police officer may authorise special powers in drug detection areas  
   19W.    Restrictions relating to drug detection areas  
   19X.    Effect of authorisations  
   19Y.    Special powers to stop, detain, search and seize in relation to vehicles and people  
   19Z.    Drug detection points  
   19ZA.   Annual report to Minister  

   PART IIB--INFRINGEMENT NOTICE OFFENCES

   20.     Infringement notice offence and prescribed amount payable  
   20A.    When infringement notice may be given  
   20B.    Contents of infringement notice  
   20C.    Payment by cheque  
   20D.    Withdrawal of infringement notice  
   20E.    Application of Part  

   PART III--MISCELLANEOUS

   21.     Act to be construed with Criminal Code  
   22.     Certain offences may be dealt with summarily  
   23.     Proceedings for offences  
   24.     Protection of informers  
   25.     Source of information not to be disclosed  
   26.     Power to prohibit publication of proceedings  
   27.     Certain proceedings relating to sentence  
   28.     Fines  
   29.     Analyst's certificate  
   31.     Possession by police officer etc.  
   32.     Undercover operations  
   33.     Authorisation to possess, cultivate or manufacture dangerous drug or precursor  
   34.     Forfeiture of drugs, precursors etc.  
   35.     Return of seized items  
   35A.    Detention for purpose of performing search of body cavities etc.  
   36.     Power of police  
   36A.    Declared drug trafficker  
   37.     Penalty guidelines  
   38.     Penalty for offence involving procurement of young child  
   39.     Criminal liability of executive officer of body corporate – evidential burden of proof on defence  
   40.     Evidentiary  
   41.     Receiving or possessing some only of property alleged  
   42.     Exemptions  
   42A.    Acquisition  
   43.     Regulations  

   PART IV--TRANSITIONAL MATTERS

           Division 1--Acts commencing before 2015

   44.     Transitional provision for increased penalty for supplying dangerous drug in indigenous community  
   45.     Transitional provision for Misuse of Drugs Amendment (Methamphetamine) Act 2013  
   46.     Transitional provision for Misuse of Drugs Amendment Act 2014  

           Division 2--Statute Law Amendment (Directors' Liability) Act 2015

   47.     Offences – before and after commencement  

           Division 3--Misuse of Drugs Amendment Act 2015

   48.     Application of amendment  

           Division 4--Justice Legislation Amendment (Drug Offences) Act 2016

   49.     Offence provisions – before and after commencement  

           Division 5--Sentencing and Other Legislation Amendment Act 2022

   50.     Application of section 37 after commencement  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES