Northern Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

JUSTICE LEGISLATION AMENDMENT (DRUG OFFENCES) ACT 2016 (NO 17 OF 2016) - SECT 16

Section 12 amended

(1)     Section 12(1) and (2)

omit, insert

    (1)     A person commits an offence if:

    (a)     the person intentionally possesses a thing, other than a hypodermic syringe or needle; and

    (b)     the thing is a thing used in the administration of a dangerous drug and the person is reckless in relation to that circumstance.

Maximum penalty:     50 penalty units or imprisonment for 6 months.

    (2)     A person, other than a medical practitioner, nurse practitioner, pharmacist or member of a class of persons that is authorised by the Minister for this section, commits an offence if:

    (a)     the person intentionally supplies a hypodermic syringe or needle to another person, whether or not the other person is in the Territory; and

    (b)     the syringe or needle is to be used in the administration of a dangerous drug to that or another person and the person is reckless in relation to that circumstance.

Maximum penalty:     50 penalty units or imprisonment for 6 months.

(2)     Section 12(3)

omit

proves that he or she

(3)     Section 12(3)

omit

authorized person referred to

insert

authorised person mentioned

(4)     Section 12(4) and (5)

omit, insert

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

    (4)     A person in possession of a hypodermic syringe or needle must take all reasonable care and precautions with it so as to avoid danger to the life, safety or health of another person.

    (4A)     A person commits an offence if:

    (a)     the person intentionally engages in conduct; and

    (b)     the conduct results in a contravention of subsection (4) and the person is reckless in relation to the result.

Maximum penalty:     50 penalty units or imprisonment for 6 months.

    (5)     A person commits an offence if:

    (a)     a hypodermic syringe or needle has been used in the administration of a dangerous drug and the person has knowledge of that circumstance; and

    (b)     the person intentionally disposes of the syringe or needle; and

    (c)     the disposal is not carried out in the manner prescribed and the person is reckless in relation to that circumstance.

Maximum penalty:     50 penalty units or imprisonment for 6 months.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback