Tasmanian Consolidated Acts

MISUSE OF DRUGS ACT 2001

- Act 94 of 2001 
- Royal Assent 17 December 2001 

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   3A.     Meaning of "trafficable quantity" and determining "aggregated trafficable quantity"
   4.      Relationship with other Acts

   PART 2 - Major offences

           Division 1 - Proceedings on offences

   5.      Offences in this Part are indictable offences

           Division 2 - Manufacturing and cultivation

   6.      Manufacturing controlled drug for sale
   7.      Cultivating controlled plant for sale
   8.      Possessing thing intended for use in manufacture of controlled substance for sale
   9.      Possessing thing intended for use in cultivation of controlled plant for sale
   10.     Manufacturing controlled precursor intended for use in manufacture of controlled drugs for sale
   11.     Selling controlled precursor for use in manufacturing controlled drug

           Division 3 - Trafficking and supply

   12.     Trafficking in controlled substance
   13.     Procuring child to traffic in controlled substance
   14.     Supplying controlled drug to child

           Division 4 - Property derived from major offences

   15.     Interpretation of Division
   16.     Concealing, &c., property derived from drug offence
   17.     Receiving property directly derived from drug offence

   PART 3 - Minor offences

           Division 1 - Proceedings on offences

   18.     Offences in this Part are summary offences
   19.     Time for instituting proceedings

           Division 2 - Manufacturing and cultivation

   20.     Manufacturing controlled precursor
   21.     Manufacturing controlled drug
   22.     Cultivating controlled plant
   22A.    Cultivating controlled plant for sale

           Division 3 - Possession, use and administration

   23.     Possessing thing used for administration of controlled drug
   24.     Possessing, using or administering controlled drug
   25.     Possessing or using controlled plant or its products

           Division 4 - Sale, supply and trafficking

   26.     Selling or supplying controlled drug
   27.     Selling or supplying controlled plant or its products
   27AA.   Trafficking controlled substances

           Division 5 - Miscellaneous

   27A.    Unlawful importation of controlled substance
   28.     Unlawful conduct in relation to prescriptions

   PART 4 - Enforcement

           Division 1 - Police powers

   29.     Power to seize controlled substances, &c.
   30.     Power to conduct personal searches
   31.     Power to require information
   32.     Power to pursue suspect onto private property
   33.     Power when executing search warrant

           Division 2 - Matters relevant to proceedings

   34.     Prosecution witness need not disclose source of information
   35.     Offences by bodies corporate
   36.     Children not liable for conduct constituting certain offences
   36A.    Alternative convictions
   36B.    Costs of analysis or examination

           Division 3 - Forfeiture and disposal

   37.     Crown becomes owner of controlled substances, &c., that are seized, surrendered or found
   37A.    Disposal, &c., of evidence that cannot be practicably or safely held
   38.     Forfeiture of property on conviction

           Division 4 - Authorisation of possession and supply for certain purposes

   38A.    Interpretation of Division
   38B.    Authorisation of possession and supply of controlled substances for certain purposes
   38C.    Variation or cancellation of authorisation
   38D.    Powers under Division non-delegable
   38E.    Authorisation does not limit other powers
   38F.    Authorised person to provide report about authorisation
   38G.    Commissioner of Police to keep certain records
   38H.    Commissioner of Police to report to Ombudsman
   38I.    Reports by Ombudsman

   PART 5 - Miscellaneous

   39.     Regulations
   40.     Amendment of Schedule 1
   41.     Administration of Act
           SCHEDULE 1