Northern Territory Consolidated Acts

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MISUSE OF DRUGS ACT 1990 - SECT 8A

Possession of precursors of dangerous drugs

    (1)     A person commits an offence if:

        (a)     the person possesses a substance or thing with the intention that it be used, by the person or another person, in the manufacture of a dangerous drug; and

        (b)     the substance or thing is a precursor and the person is reckless in relation to that circumstance.

Maximum penalty:     Imprisonment for 7 years.

    (2)     It is a defence to a prosecution for an offence against subsection (1) if the defendant:

        (a)     is authorised under this Act to possess the precursor and possesses and uses the precursor in accordance with the conditions, if any, of the authorisation; or

        (b)     is registered, licensed or otherwise authorised under another Act, or an Act of the Commonwealth, a State or another Territory, to possess the precursor and possesses and uses the precursor in accordance with the conditions, if any, of the registration, licence or authorisation.

    (3)     The defendant has a legal burden of proof in relation to a matter mentioned in subsection (2).

    (4)     The Chief Health Officer may in writing authorise a person to possess a precursor for the purposes of research.

    (5)     An authorisation under subsection (4) is subject to the conditions, if any, specified in the authorisation.

    (6)     The Regulations may provide for the prohibition or regulation of the cash sale of precursors.



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