Queensland Consolidated Acts

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DRUGS MISUSE ACT 1986 - SECT 129

Evidentiary provisions

129 Evidentiary provisions

(1) In respect of a charge against a person of having committed an offence defined in part 2
(a) it is not necessary to particularise the dangerous drug in respect of which the offence is alleged to have been committed; and
(b) that person shall be liable to be convicted as charged notwithstanding that the identity of the dangerous drug to which the charge relates is not proved to the satisfaction of the court that hears the charge if the court is satisfied that the thing to which the charge relates was at the material time a dangerous drug; and
(c) proof that a dangerous drug was at the material time in or on a place of which that person was the occupier or concerned in the management or control of is conclusive evidence that the drug was then in the person’s possession unless the person shows that he or she then neither knew nor had reason to suspect that the drug was in or on that place; and
(d) the operation of the Criminal Code , section 24 is excluded unless that person shows an honest and reasonable belief in the existence of any state of things material to the charge; and
(e) the burden of proving any authorisation to do any act or make any omission lies on that person.
(2) In a proceeding against a person who may produce cannabis under a licence or another authority under part 5B for an offence against part 2 involving the production of unauthorised cannabis plants, it is a defence for the person to prove—
(a) that the plants were grown from lawfully obtained cannabis seed; and
(b) that although the person acted with reasonable diligence to prevent the contravention, the contravention was beyond the person’s control.
(3) In a proceeding against a person who may possess cannabis under a licence or another authority under part 5B for a charge of an offence against part 2 involving the possession of unauthorised cannabis plants, it is a defence for the person to prove—
(a) that the plants were grown from lawfully obtained cannabis seed; and
(b) that although the person acted with reasonable diligence to prevent the contravention, the contravention was beyond the person’s control.
(4) A certificate signed by the chief executive and stating any of the following is evidence of the matter stated—
(a) a stated person was, on a stated day, the holder of a stated licence under part 5B ;
(b) a licence held by a stated person was, on a stated day, surrendered or cancelled under part 5B .
(5) In this section—

"unauthorised cannabis plants" means cannabis plants with a higher concentration of THC in their leaves and flowering heads than a person may possess under a licence or other authorisation under part 5B .



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