Northern Territory Numbered Acts

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JUSTICE LEGISLATION AMENDMENT (DRUG OFFENCES) ACT 2016 (NO 17 OF 2016) - SECT 15

Sections 11X and 11Y inserted

Before section 12, in Part II, Division 2

insert

11X     Supplying precursor for use in manufacture of dangerous drug

    (1)     A person commits an offence if:

    (a)     the person intentionally supplies a substance or thing to another person (the recipient ); and

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

    (c)     the recipient intends to use the precursor in the manufacture of a dangerous drug and the person has knowledge of that circumstance.

Maximum penalty:     Imprisonment for 10 years.

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

    (a)     is authorised under this Act to possess a precursor or a dangerous drug that may be manufactured from the precursor; 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.

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

11Y     Theft of dangerous drug

    (1)     A person commits an offence if:

    (a)     the person appropriates a substance or thing with the intention of depriving its owner of the substance or thing; and

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

Maximum penalty:

    (a)     for appropriation of a Schedule 1 drug – imprisonment for 14 years; or

    (b)     for appropriation of a Schedule 2 drug – imprisonment for 7 years.

    (2)     Subsection (1) does not apply in relation to the appropriation of a substance or thing by a person with the reasonable belief that the substance or thing has been lost and its owner cannot be discovered.

    (3)     In this section:

"appropriates", see section 209(1) of the Criminal Code.

"deprive", see section 209(1) of the Criminal Code.



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