Queensland Consolidated Acts

DRUGS MISUSE ACT 1986

- As at 3 May 2024
- Act 36 of 1986

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   3.      (Repealed)
   4.      Definitions
   4A.     Meaning of analogue
   4AA.    Salts, derivatives and stereo-isomers of particular dangerous drugs
   4B.     Construction of particular terms
   4BA.    Provision about s 4, definition dangerous drug, paragraph (f)
   4C.     Analysts
   4D.     Non-application of ss 5, 6, 8 and 9 to particular manufactured products
   4E.     Notes

   PART 2 - DRUG OFFENCES

   5.      Trafficking in dangerous drugs
   6.      Supplying dangerous drugs
   7.      Receiving or possessing property obtained from trafficking or supplying
   8.      Producing dangerous drugs
   8A.     Publishing or possessing instructions for producing dangerous drugs
   9.      Possessing dangerous drugs
   9A.     Possessing relevant substances or things
   9B.     Supplying relevant substances or things
   9C.     Producing relevant substances or things
   9D.     Trafficking in relevant substances or things
   10.     Possessing things
   10A.    Possessing suspected property
   10B.    Possession of a prohibited combination of items
   11.     Permitting use of place
   12.     Parties to offences committed outside Queensland
   13.     Certain offences may be dealt with summarily
   13A.    Offences that may be dealt with summarily if treatment order is sought
   14.     Other offences that may be dealt with summarily if no commercial purpose alleged
   15.     (Repealed)
   16.     (Repealed)
   17.     (Repealed)
   18.     (Repealed)
   19.     (Repealed)
   19A.    (Repealed)
   20.     (Repealed)
   21.     (Repealed)
   22.     (Repealed)
   23.     (Repealed)
   24.     (Repealed)
   25.     (Repealed)
   26.     (Repealed)
   27.     (Repealed)
   28.     (Repealed)
   29.     (Repealed)
   29A.    (Repealed)

   PART 3 - (Repealed)

   PART 4 - (Repealed)

   PART 5 - FORFEITURE AND RESTRAINT

   30.     Interpretation
   31.     Jurisdiction
   32.     Forfeiture of dangerous drugs
   33.     Liability of property (other than a dangerous drug) to forfeiture
   34.     Forfeiture orders
   35.     Interested parties entitled to notice and appearance
   36.     Effect of forfeiture
   37.     Effect of forfeiture order on third parties
   38.     Discharge of forfeiture
   39.     Discharge of forfeiture order by payment to Crown
   40.     Certain instruments exempt from fees
   41.     Restraining order
   42.     Procedure upon application for restraining order
   43.     Variation, revocation, discharge of order

   PART 5A - INFORMATION REQUIREMENTS FOR CONTROLLED SUBSTANCES AND CONTROLLED THINGS

   43A.    Definitions
   43B.    Application of part
   43C.    What is a relevant transaction
   43D.    Requirements for supply of controlled substance or controlled thing under relevant transactions
   43E.    Requirement to report loss or theft of controlled substance or controlled thing
   43F.    Employee’s liability
   43G.    False name or address
   43H.    (Repealed)
   43I.    (Repealed)
   43J.    (Repealed)
   43K.    (Repealed)
   43L.    (Repealed)
   43M.    (Repealed)
   43N.    (Repealed)
   43O.    (Repealed)
   43P.    (Repealed)
   43Q.    (Repealed)
   43R.    Responsibility for acts or omissions of representatives
   43S.    (Repealed)
   43T.    (Repealed)
   43U.    Confidentiality of information
   43V.    (Repealed)

   PART 5B - COMMERCIAL PRODUCTION OF INDUSTRIAL CANNABIS

           Division 1 - Preliminary

   43W.    (Repealed)
   43X.    (Repealed)
   43Y.    (Repealed)
   44.     Object of pt 5B
   45.     Ways of achieving part’s objects
   46.     Definitions for pt 5B
   47.     Authorisations for licensees
   48.     Authorisations for persons other than licensees

           Division 2 - Licences generally

   49.     Categories of licences
   50.     What researcher licences authorise
   51.     What grower licences authorise
   52.     What seed handler licences authorise

           Division 3 - Licence applications

   53.     Applying for a licence
   54.     Application for licence
   55.     Application must state address
   56.     Requirement to give information or material about application
   56A.    Amendment of application

           Division 4 - Eligibility and suitability to hold licence

   57.     Fit and proper person to hold licence
   58.     (Repealed)
   59.     (Repealed)
   60.     (Repealed)
   61.     Investigation about the suitability of applicant or licensee
   62.     Criminal history is confidential document

           Division 5 - Decision-making for licence issue

   63.     Chief executive may issue or refuse to issue licence
   64.     Term and conditions

           Division 6 - Licence renewals and decision-making for renewals

   65.     Application for renewal
   66.     Chief executive may renew or refuse to renew licence
   67.     Licence taken to be in force while application for renewal is considered
   68.     Return of licence if renewal refused

           Division 7 - Dealing with licences

   69.     Transfer of licence prohibited
   70.     Amendment of licence or licence conditions
   71.     Return of licence for amendment of conditions
   72.     Surrender of licence

           Division 8 - Suspension and cancellation of licences

   73.     Grounds for suspension action or cancellation
   74.     Show cause notice
   75.     Consideration of representations
   76.     Ending show cause process without further action
   77.     Suspension and cancellation of licences
   78.     Immediate suspension
   79.     (Repealed)
   80.     Return of licence if suspended or cancelled

           Division 9 - Action after suspension or cancellation of licence

   81.     What happens to cannabis plants and seed if licence suspended
   82.     What happens to cannabis plants if licence cancelled
   83.     What happens to cannabis seed if licence cancelled or renewal refused
   84.     Cost recovery

           Division 10 - Review of decisions by QCAT

   85.     Application for review
   86.     (Repealed)
   87.     (Repealed)
   88.     (Repealed)
   89.     (Repealed)
   90.     (Repealed)

           Division 11 - Appointment of inspectors

   91.     Appointment and qualifications
   92.     Appointment conditions and limit on powers
   92A.    Functions of inspectors
   93.     Issue of identity card
   94.     Production or display of identity card
   95.     When inspector ceases to hold office
   96.     Resignation
   97.     Return of identity card

           Division 12 - Powers of inspectors

   98.     Power of entry
   99.     Procedure for entry with consent
   100.    Procedure for other entries
   101.    General powers
   101A.   Use of body-worn cameras
   102.    Power to require reasonable help
   103.    Failure to comply with help requirement
   104.    Power to require information about contravention
   105.    Failure to comply with information requirement
   106.    False or misleading statements
   107.    Power to require production of documents
   108.    Failure to comply with document production requirement
   109.    False or misleading documents
   110.    Obstruction of inspectors

           Division 12A - Compliance notices

   110A.   Giving a compliance notice
   110B.   Content of compliance notice
   110C.   Offence for failure to comply with compliance notice

           Division 12B - Information sharing

   110CA.  Exchanging information with relevant entity

           Division 13 - Other provisions

   110D.   Offence for failure to comply with conditions
   110E.   Record requirements
   110F.   Notification requirements
   110G.   Monitoring fees
   111.    Requirement to report loss or theft of controlled substance
   112.    Responsibility for acts or omissions of representatives
   113.    Confidentiality of information
   114.    Delegation
   115.    (Repealed)

   PART 6 - MISCELLANEOUS

   116.    Criminal Code to be read with Act
   117.    Attempt to commit offence
   118.    Proceedings for offences
   119.    Protection of informers
   120.    Source of information not to be disclosed
   121.    Power to prohibit publication of proceedings
   122.    Certain proceedings relating to sentence may be determined in chambers
   122A.   Particular proceedings for minor drugs offences
   122B.   Provision of information to court
   122C.   Further consideration of charge of minor drugs offence
   123.    Summary conviction for indictable offences
   124.    Defence of supply of lawfully prescribed drug in a small quantity
   125.    Prescribed persons permitted to receive and dispose of dangerous drugs
   126.    Power to fine
   127.    No costs to be awarded
   128.    Analyst’s certificate
   129.    Evidentiary provisions
   130.    Evidence of controlled substance by label
   131.    Evidence of equipment being used to produce particular dangerous drugs
   131A.   Evidence of medicine or poison or veterinary chemical product by container
   131B.   Evidence for ss 130, 131 and 131A—notice of challenge
   132.    Receiving or possessing some only of the property alleged
   133.    Chief executive may approve forms
   134.    Regulation-making power
   134A.   Recommendation of Minister

   PART 7 - TRANSITIONAL AND VALIDATING PROVISIONS

           Division 1 - Provision for Drugs Misuse Amendment Act 1996 No. 49

   135.    Transitional—offences committed before the enactment of Drugs Misuse Amendment Act 1996

           Division 2 - Provision for Drugs Misuse Amendment Act 2002 No. 35

   136.    Transitional provision for regulation provisions in force under repealed part 5B

           Division 3 - Provision for Drug Legislation Amendment Act 2006

   137.    Transitional provision for ss 130–131B

           Division 4 - Provision for Primary Industries Legislation Amendment Act 2006

   138.    Provision about particular applications

           Division 5 - Provision for Drugs Misuse Amendment Act 2008

   139.    Transitional provision for offences committed before the enactment of Drugs Misuse Amendment Act 2008
   140.    (Repealed)

           Division 6 - Provision for Criminal Code and Other Acts Amendment Act 2008

   141.    Reference in schedule to Criminal Code offence

           Division 7 - Provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010

   142.    New summary disposition provisions apply only to prosecutions commenced after commencement

           Division 8 - Provision for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013

   143.    Validation of orders for forfeiture or restraint made by District Court before commencement
   144.    (Repealed)

           Division 9 - Provision for Justice and Other Legislation Amendment Act 2013

   145.    Transitional provision for offence of trafficking in dangerous drugs

           Division 10 - Provision for Criminal Law Amendment Act 2017

   146.    Validation of analysts’ certificates signed before commencement

           Division 11 - Provisions for Hospital Foundations Act 2018

   147.    Existing application for licence
   148.    Existing application for category 1 or category 2 researcher licence
   149.    Transition of existing category 1 or category 2 researcher licence