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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
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