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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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