{"id":"qld:act-1986-036","name":"Drugs Misuse Act 1986","slug":"drugs-misuse-act-1986","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"36 of 1986","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104931,"registerId":"qld-act-1986-036-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Drugs Misuse Act 1986 .","sortOrder":1},{"sectionNumber":"sec.3","sectionType":"section","heading":"Arrangement of Act","content":"### sec.3 Arrangement of Act\n\ns 3 om 14 December 1993 RA s 36","sortOrder":2},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nIn this Act—\naffected by bankruptcy action ...\ns 4 def affected by bankruptcy action ins 2010 No. 42 s 37 sch\nom 2018 No. 5 s 96 (1)\nanalogue , of a dangerous drug, see section 4A .\ns 4 def analogue ins 2017 No. 41 s 11 (1)\nanalyst means a person who, under section 4C , is appointed as, or declared to be, an analyst.\ns 4 def analyst sub 1998 No. 19 s 16 (2)\napproved form means a form approved by the chief executive under section 133 .\ns 4 def approved form ins 1995 No. 18 s 3 sch\namd 2007 No. 37 s 162 sch\nAustralian Crime Commission means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth) , section 7 .\ns 4 def Australian Crime Commission ins 2013 No. 14 s 40 (1)\nauthorised health officer ...\ns 4 def authorised health officer ins 2000 No. 28 s 3 (1)\nom 2008 No. 4 s 4 (1)\ncannabis , for part 5B , see section 46 .\ns 4 def cannabis ins 2010 No. 42 s 37 sch\ncategory 1 researcher ...\ns 4 def category 1 researcher ins 2010 No. 42 s 37 sch\nom 2018 No. 5 s 116 (1)\ncategory 1 researcher licence ...\ns 4 def category 1 researcher licence ins 2010 No. 42 s 37 sch\nom 2018 No. 5 s 116 (1)\ncategory 2 researcher ...\ns 4 def category 2 researcher ins 2010 No. 42 s 37 sch\nom 2018 No. 5 s 116 (1)\ncategory 2 researcher licence ...\ns 4 def category 2 researcher licence ins 2010 No. 42 s 37 sch\nom 2018 No. 5 s 116 (1)\ncertified cannabis seed ...\ns 4 def certified cannabis seed ins 2010 No. 42 s 37 sch\nom 2018 No. 5 s 116 (1)\nchallenge notice means a written notice that informs the prosecution that a person intends to challenge a claim intended to be made by the prosecution and of which the person has been informed in a prosecution information notice.\ns 4 def challenge notice ins 2006 No. 8 s 59\nchief executive for health ...\ns 4 def chief executive for health reloc from s 43A 2000 No. 28 s 15 (2)\nom 2019 No. 26 s 286 (1)\nclass A research cannabis plant , for part 5B , see section 46 .\ns 4 def class A research cannabis plant ins 2010 No. 42 s 37 sch\nclass A research cannabis seed , for part 5B , see section 46 .\ns 4 def class A research cannabis seed ins 2010 No. 42 s 37 sch\nclass B research cannabis plant , for part 5B , see section 46 .\ns 4 def class B research cannabis plant ins 2010 No. 42 s 37 sch\nclass B research cannabis seed , for part 5B , see section 46 .\ns 4 def class B research cannabis seed ins 2010 No. 42 s 37 sch\nclose associate , for part 5B , see section 46 .\ns 4 def close associate ins 2010 No. 42 s 37 sch\ncompliance notice , for part 5B , see section 46 .\ns 4 def compliance notice ins 2018 No. 5 s 96 (2)\ncontrolled substance means—\na substance specified in the Drugs Misuse Regulation 1987 , schedule 6 ; or\na salt, derivative or stereo-isomer of a substance specified in the Drugs Misuse Regulation 1987 , schedule 6 ; or\na salt of a derivative or stereo-isomer of a substance specified in the Drugs Misuse Regulation 1987 , schedule 6 ;\nbut does not include a compound consisting of a substance specified in the Drugs Misuse Regulation 1987 , schedule 6 and of a substance not specified in the Drugs Misuse Regulation 1987 , schedule 6 .\ns 4 def controlled substance reloc from s 43A 2000 No. 28 s 15 (2)\ncontrolled thing , for part 5A , see section 43A .\ns 4 def controlled thing ins 2010 No. 42 s 37 sch\nconvicted ...\ns 4 def convicted ins 2010 No. 42 s 37 sch\nom 2018 No. 5 s 96 (1)\ncorrectional institution ...\ns 4 def correctional institution ins 1989 No. 34 s 4 (a) (i)\nsub 2000 No. 63 s 276 sch 2\namd 2006 No. 29 s 518 sch 3\nom 2010 No. 42 s 37 sch\ncourt , for part 5 , see section 30 (1) .\ns 4 def court ins 2010 No. 42 s 37 sch\ncriminal history , for part 5B , see section 46 .\ns 4 def criminal history ins 2010 No. 42 s 37 sch\ndangerous drug means—\na thing stated in the Drugs Misuse Regulation 1987 , schedule 1 or 2 ; or\nany part of a plant that is a thing stated in the Drugs Misuse Regulation 1987 , schedule 1 or 2 ; or\na derivative or stereo-isomer of a thing mentioned in paragraph (a) or (b) ; or\na salt of a thing mentioned in any of paragraphs (a) to (c) ; or\nan analogue of a thing mentioned in any of paragraphs (a) to (d) ; or\na thing that has, or is intended to have, a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e) ; or\nSee also section 4BA for when a thing is intended to have a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e) .\na thing mentioned in any of paragraphs (a) to (f) that is contained in—\na natural substance; or\na preparation, solution or admixture.\ns 4 def dangerous drug amd 1996 No. 49 s 3 (1) ; 2000 No. 28 s 3 (2) ; 2008 No. 4 s 4 (2) – (4) ; 2013 No. 14 s 40 (2) – (3)\nsub 2017 No. 41 s 11 (2)\ndenatured , for part 5B , see section 46 .\ns 4 def denatured ins 2010 No. 42 s 37 sch\ndrug dependent person means a person—\nwho, as a result of repeated administration to the person of dangerous drugs—\ndemonstrates impaired control; or\nexhibits drug-seeking behaviour that suggests impaired control;\nover the person’s continued use of dangerous drugs; and\nwho, when the administration to the person of dangerous drugs ceases, suffers or is likely to suffer mental or physical distress or disorder.\neducational institution means—\na State instructional institution or non-State school within the meaning of the Education (General Provisions) Act 2006 ; or\nany other similar institution that may from time to time be established;\nbut does not include an educational institution conducting only tertiary or adult education.\ns 4 def educational institution ins 1989 No. 34 s 4 (a) (ii)\namd 1993 No. 32 s 3 sch 2\nsub 2006 No. 39 s 512 (1) sch 1\namd 2014 No. 62 s 140 sch 1\nenvironmental health officer .. .\ns 4 def environmental health officer reloc from s 43A 2000 No. 28 s 15 (2)\nsub 2001 No. 78 s 237 sch 4\nom 2019 No. 26 s 286 (1)\nexecutive officer —\nfor part 5A , see section 43A ; or\nfor part 5B , see section 46 .\ns 4 def executive officer ins 2010 No. 42 s 37 sch\ngrower , for part 5B , see section 46 .\ns 4 def grower ins 2010 No. 42 s 37 sch\ngrower licence , for part 5B , see section 46 .\ns 4 def grower licence ins 2010 No. 42 s 37 sch\nindustrial cannabis fibre , for part 5B , see section 46 .\ns 4 def industrial cannabis fibre ins 2010 No. 42 s 37 sch\nindustrial cannabis plant , for part 5B , see section 46 .\ns 4 def industrial cannabis plant ins 2010 No. 42 s 37 sch\nindustrial cannabis seed , for part 5B , see section 46 .\ns 4 def industrial cannabis seed ins 2010 No. 42 s 37 sch\ninformation notice , for part 5B , see section 46 .\ns 4 def information notice ins 2010 No. 42 s 37 sch\ninformer means a person who supplies information to a police officer in respect of the commission of an offence defined in part 2 on the basis that the person’s identity will be kept confidential.\ns 4 def informer ins 2020 No. 15 s 71\ninspector , for part 5B , see section 46 .\ns 4 def inspector ins 2010 No. 42 s 37 sch\nintellectually handicapped citizen ...\ns 4 def intellectually handicapped citizen ins 1989 No. 34 s 4 (a) (iii)\nom 2002 No. 34 s 74 sch 6\nintellectually impaired person means a person who has a disability that—\nis attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and\nresults in—\na substantial reduction of the person’s capacity for communication, social interaction or learning; and\nthe person needing support.\ns 4 def intellectually impaired person ins 2002 No. 34 s 74 sch 6\nlicence , for part 5B , see section 46 .\ns 4 def licence ins 2010 No. 42 s 37 sch\nlicensee , for part 5B , see section 46 .\ns 4 def licensee ins 2010 No. 42 s 37 sch\nmedical practitioner ...\ns 4 def medical practitioner ins 1987 No. 53 s 4\nom 1995 No. 18 s 3 sch\nMinister ...\ns 4 def Minister ins 1990 No. 9 s 4 (a)\nom 1995 No. 18 s 3 sch\nobstruct , for part 5A , see section 43A .\ns 4 def obstruct ins 2010 No. 42 s 37 sch\nofficial identity card ...\ns 4 def official identity card ins 2000 No. 28 s 3 (1)\namd 2001 No. 78 s 237 sch 4 ; 2008 No. 4 s 4 (5)\nom 2019 No. 26 s 286 (1)\npharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student.\ns 4 def pharmacist ins 1989 No. 34 s 4 (a) (iii)\nsub 2001 No. 12 s 245 sch 2\namd 2010 No. 14 s 124 sch\nplace includes a vehicle.\nplanting seed , for part 5B , see section 46 .\ns 4 def planting seed ins 2018 No. 5 s 116 (2)\npolice officer includes a person mentioned in the Australian Crime Commission Act 2002 (Cwlth) , section 49 , whose services are made available to the Australian Crime Commission.\ns 4 def police officer sub 1989 No. 34 s 4 (a) (iv) ; 1995 No. 18 s 3 sch ; 2003 No. 83 s 68 sch 1\nprescribed documents , for part 5A , see section 43A .\ns 4 def prescribed documents ins 2010 No. 42 s 37 sch\nprescribed photograph , for part 5B , see section 46 .\ns 4 def prescribed photograph ins 2010 No. 42 s 37 sch\nprescribed substance ...\ns 4 def prescribed substance ins 2000 No. 28 s 3 (1)\nom 2008 No. 4 s 4 (1)\nproceeds , for part 5 , see section 30 (1) .\ns 4 def proceeds ins 2010 No. 42 s 37 sch\nprocessed cannabis , for part 5B , see section 46 .\ns 4 def processed cannabis ins 2010 No. 42 s 37 sch\nproduce means—\nprepare, manufacture, cultivate, package or produce;\noffering to do any act specified in paragraph (a) ;\ndoing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in paragraph (a) .\nprosecution information notice means a written notice that informs a person that—\nthe prosecution intends to claim that—\nfor an offence to which section 130 applies—a substance was a controlled substance; or\nfor an offence to which section 131 applies—specified equipment was used in the production of a relevant dangerous drug; or\nfor an offence to which section 131A applies—a substance was a medicine or poison or veterinary chemical product; and\nif the person wants to challenge the claim, the defendant must give a challenge notice to the commissioner of the police service; and\na challenge notice must be given within 28 days after the prosecution information notice is served on the person.\ns 4 def prosecution information notice ins 2006 No. 8 s 59\namd 2008 No. 4 s 4 (6) ; 2019 No. 26 s 286 (2)\nregister , for part 5A , see section 43A .\ns 4 def register ins 2010 No. 42 s 37 sch\nrelevant authority , for part 5B , see section 46 .\ns 4 def relevant authority ins 2018 No. 5 s 96 (2)\nrelevant position , for part 5B , see section 46 .\ns 4 def relevant position ins 2010 No. 42 s 37 sch\nrelevant power , for part 5B , see section 46 .\ns 4 def relevant power ins 2010 No. 42 s 37 sch\nrelevant transaction , for part 5A , see section 43A .\ns 4 def relevant transaction ins 2010 No. 42 s 37 sch\nresearcher , for part 5B , see section 46 .\ns 4 def researcher ins 2018 No. 5 s 116 (2)\nresearcher licence , for part 5B , see section 46 .\ns 4 def researcher licence ins 2018 No. 5 s 116 (2)\nseed handler, for part 5B , see section 46 .\ns 4 def seed handler ins 2018 No. 5 s 116 (2)\nseed handler licence , for part 5B , see section 46 .\ns 4 def seed handler licence ins 2018 No. 5 s 116 (2)\nserious offence ...\ns 4 def serious offence ins 2010 No. 42 s 37 sch\nom 2018 No. 5 s 96 (1)\nsmoke includes inhale.\ns 4 def smoke ins 2002 No. 35 s 4\nsupply —\nfor part 5A —see section 43A ; or\notherwise, means—\ngive, distribute, sell, administer, transport or supply; or\noffering to do any act specified in subparagraph (i) ; or\ndoing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in subparagraph (i) .\ns 4 def supply sub 2010 No. 42 s 37 sch\nTHC means tetrahydrocannabinol.\ns 4 def THC ins 2002 No. 35 s 4\ntreatment order means a drug and alcohol treatment order under the Penalties and Sentences Act 1992 , part 8A .\ns 4 def treatment order ins 2017 No. 41 s 11 (1)\nunlawfully means without authorisation, justification or excuse by law.\nvehicle includes any aircraft or vessel.\nvisual surveillance device ...\ns 4 def visual surveillance device ins 1989 No. 34 s 4 (a) (v)\nom 2010 No. 42 s 37 sch\nwhole weight , of a dangerous drug, means the total weight of the drug and any other substance with which it is mixed or in which it is contained.\ns 4 def whole weight ins 2014 No. 42 s 19\ns 4 amd 1988 No. 88 s 3 sch 1 ; 1989 No. 34 s 4 (b) ; 1990 No. 9 s 4 (b) ; 1996 No. 49 s 3 (2) ; 1998 No. 19 s 16 (1), (5)\n- (a) a substance specified in the Drugs Misuse Regulation 1987 , schedule 6 ; or\n- (b) a salt, derivative or stereo-isomer of a substance specified in the Drugs Misuse Regulation 1987 , schedule 6 ; or\n- (c) a salt of a derivative or stereo-isomer of a substance specified in the Drugs Misuse Regulation 1987 , schedule 6 ;\n- (a) a thing stated in the Drugs Misuse Regulation 1987 , schedule 1 or 2 ; or\n- (b) any part of a plant that is a thing stated in the Drugs Misuse Regulation 1987 , schedule 1 or 2 ; or\n- (c) a derivative or stereo-isomer of a thing mentioned in paragraph (a) or (b) ; or\n- (d) a salt of a thing mentioned in any of paragraphs (a) to (c) ; or\n- (e) an analogue of a thing mentioned in any of paragraphs (a) to (d) ; or\n- (f) a thing that has, or is intended to have, a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e) ; or Note— See also section 4BA for when a thing is intended to have a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e) .\n- (g) a thing mentioned in any of paragraphs (a) to (f) that is contained in— (i) a natural substance; or (ii) a preparation, solution or admixture.\n- (i) a natural substance; or\n- (ii) a preparation, solution or admixture.\n- (i) a natural substance; or\n- (ii) a preparation, solution or admixture.\n- (a) who, as a result of repeated administration to the person of dangerous drugs— (i) demonstrates impaired control; or (ii) exhibits drug-seeking behaviour that suggests impaired control;\n- (i) demonstrates impaired control; or\n- (ii) exhibits drug-seeking behaviour that suggests impaired control;\n- over the person’s continued use of dangerous drugs; and\n- (b) who, when the administration to the person of dangerous drugs ceases, suffers or is likely to suffer mental or physical distress or disorder.\n- (i) demonstrates impaired control; or\n- (ii) exhibits drug-seeking behaviour that suggests impaired control;\n- (a) a State instructional institution or non-State school within the meaning of the Education (General Provisions) Act 2006 ; or\n- (b) any other similar institution that may from time to time be established;\n- (a) for part 5A , see section 43A ; or\n- (b) for part 5B , see section 46 .\n- (a) is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and\n- (b) results in— (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and (ii) the person needing support.\n- (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and\n- (ii) the person needing support.\n- (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and\n- (ii) the person needing support.\n- (a) prepare, manufacture, cultivate, package or produce;\n- (b) offering to do any act specified in paragraph (a) ;\n- (c) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in paragraph (a) .\n- (a) the prosecution intends to claim that— (i) for an offence to which section 130 applies—a substance was a controlled substance; or (ii) for an offence to which section 131 applies—specified equipment was used in the production of a relevant dangerous drug; or (iii) for an offence to which section 131A applies—a substance was a medicine or poison or veterinary chemical product; and\n- (i) for an offence to which section 130 applies—a substance was a controlled substance; or\n- (ii) for an offence to which section 131 applies—specified equipment was used in the production of a relevant dangerous drug; or\n- (iii) for an offence to which section 131A applies—a substance was a medicine or poison or veterinary chemical product; and\n- (b) if the person wants to challenge the claim, the defendant must give a challenge notice to the commissioner of the police service; and\n- (c) a challenge notice must be given within 28 days after the prosecution information notice is served on the person.\n- (i) for an offence to which section 130 applies—a substance was a controlled substance; or\n- (ii) for an offence to which section 131 applies—specified equipment was used in the production of a relevant dangerous drug; or\n- (iii) for an offence to which section 131A applies—a substance was a medicine or poison or veterinary chemical product; and\n- (a) for part 5A —see section 43A ; or\n- (b) otherwise, means— (i) give, distribute, sell, administer, transport or supply; or (ii) offering to do any act specified in subparagraph (i) ; or (iii) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in subparagraph (i) .\n- (i) give, distribute, sell, administer, transport or supply; or\n- (ii) offering to do any act specified in subparagraph (i) ; or\n- (iii) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in subparagraph (i) .\n- (i) give, distribute, sell, administer, transport or supply; or\n- (ii) offering to do any act specified in subparagraph (i) ; or\n- (iii) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in subparagraph (i) .","sortOrder":3},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Meaning of analogue","content":"### sec.4A Meaning of analogue\n\nA thing is an analogue of a dangerous drug if it is any of the following in relation to the dangerous drug, regardless of how the thing is made—\na structural isomer with the same constituent groups;\nan alkaloid;\na structural modification that is any of the following—\nthe replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures;\nthe addition of hydrogen atoms to 1 or more unsaturated bonds;\nthe replacement of 1 or more of the groups or atoms stated in subsection (2) with 1 or more of the other groups or atoms stated in that subsection;\nany other homologue.\nFor subsection (1) (c) (iii) , the following groups and atoms are stated—\nalkoxy, cyclic diether, acyl, acyloxy, mono-amino or dialkylamino groups with up to 6 carbon atoms in any alkyl residue;\nalkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the group, where the group is attached to oxygen, nitrogen, sulphur or carbon;\nan ester or ether group attached to oxygen\nhalogen, hydroxy, nitro or amino groups;\nhydrogen atoms;\ncarbonyl, ester or amide groups.\nIn this section—\naddition has its ordinary meaning.\nreplacement has its ordinary meaning.\ns 4A (prev s 4(2)) renum 1998 No. 19 s 16(3) , (5)\namd 2000 No. 28 s 4 ; 2008 No. 4 s 5\nsub 2017 No. 41 s 12\n(sec.4A-ssec.1) A thing is an analogue of a dangerous drug if it is any of the following in relation to the dangerous drug, regardless of how the thing is made— a structural isomer with the same constituent groups; an alkaloid; a structural modification that is any of the following— the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures; the addition of hydrogen atoms to 1 or more unsaturated bonds; the replacement of 1 or more of the groups or atoms stated in subsection (2) with 1 or more of the other groups or atoms stated in that subsection; any other homologue.\n(sec.4A-ssec.2) For subsection (1) (c) (iii) , the following groups and atoms are stated— alkoxy, cyclic diether, acyl, acyloxy, mono-amino or dialkylamino groups with up to 6 carbon atoms in any alkyl residue; alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the group, where the group is attached to oxygen, nitrogen, sulphur or carbon; an ester or ether group attached to oxygen halogen, hydroxy, nitro or amino groups; hydrogen atoms; carbonyl, ester or amide groups.\n(sec.4A-ssec.3) In this section— addition has its ordinary meaning. replacement has its ordinary meaning.\n- (a) a structural isomer with the same constituent groups;\n- (b) an alkaloid;\n- (c) a structural modification that is any of the following— (i) the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures; (ii) the addition of hydrogen atoms to 1 or more unsaturated bonds; (iii) the replacement of 1 or more of the groups or atoms stated in subsection (2) with 1 or more of the other groups or atoms stated in that subsection;\n- (i) the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures;\n- (ii) the addition of hydrogen atoms to 1 or more unsaturated bonds;\n- (iii) the replacement of 1 or more of the groups or atoms stated in subsection (2) with 1 or more of the other groups or atoms stated in that subsection;\n- (d) any other homologue.\n- (i) the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures;\n- (ii) the addition of hydrogen atoms to 1 or more unsaturated bonds;\n- (iii) the replacement of 1 or more of the groups or atoms stated in subsection (2) with 1 or more of the other groups or atoms stated in that subsection;\n- (a) alkoxy, cyclic diether, acyl, acyloxy, mono-amino or dialkylamino groups with up to 6 carbon atoms in any alkyl residue;\n- (b) alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the group, where the group is attached to oxygen, nitrogen, sulphur or carbon; Example— an ester or ether group attached to oxygen\n- (c) halogen, hydroxy, nitro or amino groups;\n- (d) hydrogen atoms;\n- (e) carbonyl, ester or amide groups.","sortOrder":4},{"sectionNumber":"sec.4AA","sectionType":"section","heading":"Salts, derivatives and stereo-isomers of particular dangerous drugs","content":"### sec.4AA Salts, derivatives and stereo-isomers of particular dangerous drugs\n\nA dangerous drug stated in the Drugs Misuse Regulation 1987 , schedule 3 , 4 or 5 includes—\na salt, derivative or stereo-isomer of the drug; and\na salt of a derivative or stereo-isomer of the drug.\ns 4AA ins 2017 No. 41 s 12\n- (a) a salt, derivative or stereo-isomer of the drug; and\n- (b) a salt of a derivative or stereo-isomer of the drug.","sortOrder":5},{"sectionNumber":"sec.4B","sectionType":"section","heading":"Construction of particular terms","content":"### sec.4B Construction of particular terms\n\nIn—\nthis Act the term ‘an offence defined in part 2 ’; and\nsections 10 , 11 and 12 the term ‘a crime defined in this part’;\nshall be read and construed as including any conspiracy to commit such offence or crime.\ns 4B (prev s 4(3)) renum 1998 No. 19 s 16 (4)–(5)\n- (a) this Act the term ‘an offence defined in part 2 ’; and\n- (b) sections 10 , 11 and 12 the term ‘a crime defined in this part’;","sortOrder":6},{"sectionNumber":"sec.4BA","sectionType":"section","heading":"Provision about s 4 , definition dangerous drug , paragraph (f)","content":"### sec.4BA Provision about s 4 , definition dangerous drug , paragraph (f)\n\nThis section applies if, in a proceeding for an offence against this or another Act, it is relevant to prove that a thing is a dangerous drug under section 4 , definition dangerous drug , paragraph (f) .\nThe thing is a dangerous drug if it is intended, by the accused person, to have a pharmacological effect of a thing mentioned in section 4 , definition dangerous drug , paragraphs (a) , (b) , (c) , (d) or (e) .\ns 4BA ins 2013 No. 14 s 40A\namd 2017 No. 41 s 13\n(sec.4BA-ssec.1) This section applies if, in a proceeding for an offence against this or another Act, it is relevant to prove that a thing is a dangerous drug under section 4 , definition dangerous drug , paragraph (f) .\n(sec.4BA-ssec.2) The thing is a dangerous drug if it is intended, by the accused person, to have a pharmacological effect of a thing mentioned in section 4 , definition dangerous drug , paragraphs (a) , (b) , (c) , (d) or (e) .","sortOrder":7},{"sectionNumber":"sec.4C","sectionType":"section","heading":"Analysts","content":"### sec.4C Analysts\n\nThe Minister may, by gazette notice, appoint as an analyst for this Act, a person the Minister is satisfied has the qualifications, standing and experience necessary to be an analyst for this Act.\nAlso, a regulation may declare a person who holds a stated appointment, qualification or other recognition under the law of another State or the Commonwealth as an analyst, whether that or another term is used, to be an analyst for this Act.\nThe Minister may delegate the Minister’s function under subsection (1) to—\nthe chief executive; or\nan officer of the department who the Minister is satisfied has the qualifications, experience or standing necessary to perform the function.\nthe officer’s classification or level in the department\nIn this section—\nfunction includes power.\ns 4C ins 1998 No. 19 s 17\namd 2010 No. 42 s 38\n(sec.4C-ssec.1) The Minister may, by gazette notice, appoint as an analyst for this Act, a person the Minister is satisfied has the qualifications, standing and experience necessary to be an analyst for this Act.\n(sec.4C-ssec.2) Also, a regulation may declare a person who holds a stated appointment, qualification or other recognition under the law of another State or the Commonwealth as an analyst, whether that or another term is used, to be an analyst for this Act.\n(sec.4C-ssec.3) The Minister may delegate the Minister’s function under subsection (1) to— the chief executive; or an officer of the department who the Minister is satisfied has the qualifications, experience or standing necessary to perform the function. the officer’s classification or level in the department\n(sec.4C-ssec.4) In this section— function includes power.\n- (a) the chief executive; or\n- (b) an officer of the department who the Minister is satisfied has the qualifications, experience or standing necessary to perform the function. Example of standing— the officer’s classification or level in the department","sortOrder":8},{"sectionNumber":"sec.4D","sectionType":"section","heading":"Non-application of ss 5 , 6 , 8 and 9 to particular manufactured products","content":"### sec.4D Non-application of ss 5 , 6 , 8 and 9 to particular manufactured products\n\nSections 5 , 6 , 8 and 9 do not apply to a manufactured product.\nIn this section—\nadministered , in relation to a manufactured product, means administered, by any means, for any purpose that includes the alteration of a person’s behaviour, mood or perception.\ninjection by syringe or inhalation of a vapour\nindustrial cannabis plant has the same meaning as in section 46 .\nmanufactured product means a product that—\nis made from, or partly from, processed cannabis that—\nis harvested from industrial cannabis plants; and\nhas a concentration of THC in it of not more than 0.1%; and\nis in a form that stops it from being smoked or administered.\nprocessed cannabis has the same meaning as in section 46 .\ns 4D ins 2002 No. 35 s 5\namd 2018 No. 5 s 97\n(sec.4D-ssec.1) Sections 5 , 6 , 8 and 9 do not apply to a manufactured product.\n(sec.4D-ssec.2) In this section— administered , in relation to a manufactured product, means administered, by any means, for any purpose that includes the alteration of a person’s behaviour, mood or perception. injection by syringe or inhalation of a vapour industrial cannabis plant has the same meaning as in section 46 . manufactured product means a product that— is made from, or partly from, processed cannabis that— is harvested from industrial cannabis plants; and has a concentration of THC in it of not more than 0.1%; and is in a form that stops it from being smoked or administered. processed cannabis has the same meaning as in section 46 .\n- (a) is made from, or partly from, processed cannabis that— (i) is harvested from industrial cannabis plants; and (ii) has a concentration of THC in it of not more than 0.1%; and\n- (i) is harvested from industrial cannabis plants; and\n- (ii) has a concentration of THC in it of not more than 0.1%; and\n- (b) is in a form that stops it from being smoked or administered.\n- (i) is harvested from industrial cannabis plants; and\n- (ii) has a concentration of THC in it of not more than 0.1%; and","sortOrder":9},{"sectionNumber":"sec.4E","sectionType":"section","heading":"Notes","content":"### sec.4E Notes\n\nA note in the text of this Act is part of this Act.\ns 4E ins 2002 No. 35 s 5","sortOrder":10},{"sectionNumber":"pt.2","sectionType":"part","heading":"Drug offences","content":"# Drug offences","sortOrder":11},{"sectionNumber":"sec.5","sectionType":"section","heading":"Trafficking in dangerous drugs","content":"### sec.5 Trafficking in dangerous drugs\n\nA person who carries on the business of unlawfully trafficking in a dangerous drug is guilty of a crime.\nMaximum penalty—life imprisonment.\nThe Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\ns 5 amd 1988 No. 88 s 3 sch 1 ; 1989 No. 34 s 5 ; 1990 No. 9 s 5 ; 1996 No. 49 s 4 ; 1996 No. 79 s 36 ; 2000 No. 28 s 5 ; 2008 No. 4 s 7 ; 2010 No. 42 s 37 sch ; 2013 No. 35 s 68B ; 2016 No. 62 s 164 ; 2023 No. 11 s 4\n(sec.5-ssec.1) A person who carries on the business of unlawfully trafficking in a dangerous drug is guilty of a crime. Maximum penalty—life imprisonment.\n(sec.5-ssec.2) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\n(sec.5-ssec.3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.","sortOrder":12},{"sectionNumber":"sec.6","sectionType":"section","heading":"Supplying dangerous drugs","content":"### sec.6 Supplying dangerous drugs\n\nA person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime.\nMaximum penalty—\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the offence is one of aggravated supply under subsection (2) (a) —life imprisonment; or\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the offence is one of aggravated supply under subsection (2) (aa) , (b) , (c) , (d) or (e) —25 years imprisonment; or\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and paragraphs (a) and (b) do not apply—20 years imprisonment; or\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the offence is one of aggravated supply under subsection (2) (a) —25 years imprisonment; or\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the offence is one of aggravated supply under subsection (2) (aa) , (b) , (c) , (d) or (e) —20 years imprisonment; or\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and paragraphs (d) and (e) do not apply—15 years imprisonment.\nFor the purposes of this section, an offence is one of aggravated supply if the offender is an adult and—\nthe person to whom the thing is supplied is a minor under 16 years; or\nthe person to whom the thing is supplied is a minor who is 16 years or more; or\nthe person to whom the thing is supplied is an intellectually impaired person; or\nthe person to whom the thing is supplied is within an educational institution; or\nthe person to whom the thing is supplied is within a correctional facility; or\nthe person to whom the thing is supplied does not know he or she is being supplied with the thing.\nThe Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\ns 6 amd 1988 No. 88 s 3 sch 1\nsub 1989 No. 34 s 6 ; 1990 No. 9 s 6\namd 1996 No. 49 s 5 ; 2000 No. 28 s 6 ; 2002 No. 34 s 74 sch 6 ; 2008 No. 4 s 8 ; 2010 No. 42 s 37 sch ; 2013 No. 31 s 38 ; 2016 No. 62 s 165\n(sec.6-ssec.1) A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime. Maximum penalty— if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the offence is one of aggravated supply under subsection (2) (a) —life imprisonment; or if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the offence is one of aggravated supply under subsection (2) (aa) , (b) , (c) , (d) or (e) —25 years imprisonment; or if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and paragraphs (a) and (b) do not apply—20 years imprisonment; or if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the offence is one of aggravated supply under subsection (2) (a) —25 years imprisonment; or if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the offence is one of aggravated supply under subsection (2) (aa) , (b) , (c) , (d) or (e) —20 years imprisonment; or if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and paragraphs (d) and (e) do not apply—15 years imprisonment.\n(sec.6-ssec.2) For the purposes of this section, an offence is one of aggravated supply if the offender is an adult and— the person to whom the thing is supplied is a minor under 16 years; or the person to whom the thing is supplied is a minor who is 16 years or more; or the person to whom the thing is supplied is an intellectually impaired person; or the person to whom the thing is supplied is within an educational institution; or the person to whom the thing is supplied is within a correctional facility; or the person to whom the thing is supplied does not know he or she is being supplied with the thing.\n(sec.6-ssec.3) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\n(sec.6-ssec.4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\n- (a) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the offence is one of aggravated supply under subsection (2) (a) —life imprisonment; or\n- (b) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the offence is one of aggravated supply under subsection (2) (aa) , (b) , (c) , (d) or (e) —25 years imprisonment; or\n- (c) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and paragraphs (a) and (b) do not apply—20 years imprisonment; or\n- (d) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the offence is one of aggravated supply under subsection (2) (a) —25 years imprisonment; or\n- (e) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the offence is one of aggravated supply under subsection (2) (aa) , (b) , (c) , (d) or (e) —20 years imprisonment; or\n- (f) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and paragraphs (d) and (e) do not apply—15 years imprisonment.\n- (a) the person to whom the thing is supplied is a minor under 16 years; or\n- (aa) the person to whom the thing is supplied is a minor who is 16 years or more; or\n- (b) the person to whom the thing is supplied is an intellectually impaired person; or\n- (c) the person to whom the thing is supplied is within an educational institution; or\n- (d) the person to whom the thing is supplied is within a correctional facility; or\n- (e) the person to whom the thing is supplied does not know he or she is being supplied with the thing.","sortOrder":13},{"sectionNumber":"sec.7","sectionType":"section","heading":"Receiving or possessing property obtained from trafficking or supplying","content":"### sec.7 Receiving or possessing property obtained from trafficking or supplying\n\nA person who receives or possesses property, other than a dangerous drug, ( offence property ) obtained, directly or indirectly, from the commission of—\nan offence defined in section 5 or 6 ; or\nan act done at a place not in Queensland which if it had been done in Queensland would have constituted an offence defined in section 5 or, as the case may be, 6, and which is an offence under the laws in force in the place where it was done;\nknowing or believing the property to have been so obtained, is guilty of a crime.\nMaximum penalty—20 years imprisonment.\nWhere the offence property has been—\nmortgaged, pledged or exchanged for other property; or\nconverted into other property in any manner whatever;\nany person who knowing or believing—\nthat the other property is wholly or in part the property for which the offence property has been mortgaged, pledged or exchanged or into which the same has been converted; and\nthat the offence property was obtained under such circumstances as to constitute a crime under subsection (1) ;\nreceives or possesses the whole or any part of the other property for which the offence property has been mortgaged, pledged or exchanged or into which the offence property has been converted, is guilty of a crime.\nMaximum penalty—20 years imprisonment.\nThe Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\nFor the purpose of proving the receiving of property it is sufficient to show that the accused person has, either alone or jointly with some other person, aided in concealing the property or disposing of it.\ns 7 amd 1988 No. 88 s 3 sch 1 ; 1990 No. 9 s 7 ; 2000 No. 28 s 7 ; 2008 No. 4 s 9 ; 2016 No. 62 s 166\n(sec.7-ssec.1) A person who receives or possesses property, other than a dangerous drug, ( offence property ) obtained, directly or indirectly, from the commission of— an offence defined in section 5 or 6 ; or an act done at a place not in Queensland which if it had been done in Queensland would have constituted an offence defined in section 5 or, as the case may be, 6, and which is an offence under the laws in force in the place where it was done; knowing or believing the property to have been so obtained, is guilty of a crime. Maximum penalty—20 years imprisonment.\n(sec.7-ssec.2) Where the offence property has been— mortgaged, pledged or exchanged for other property; or converted into other property in any manner whatever; any person who knowing or believing— that the other property is wholly or in part the property for which the offence property has been mortgaged, pledged or exchanged or into which the same has been converted; and that the offence property was obtained under such circumstances as to constitute a crime under subsection (1) ; receives or possesses the whole or any part of the other property for which the offence property has been mortgaged, pledged or exchanged or into which the offence property has been converted, is guilty of a crime. Maximum penalty—20 years imprisonment.\n(sec.7-ssec.2A) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\n(sec.7-ssec.2B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\n(sec.7-ssec.3) For the purpose of proving the receiving of property it is sufficient to show that the accused person has, either alone or jointly with some other person, aided in concealing the property or disposing of it.\n- (a) an offence defined in section 5 or 6 ; or\n- (b) an act done at a place not in Queensland which if it had been done in Queensland would have constituted an offence defined in section 5 or, as the case may be, 6, and which is an offence under the laws in force in the place where it was done;\n- (a) mortgaged, pledged or exchanged for other property; or\n- (b) converted into other property in any manner whatever;\n- (c) that the other property is wholly or in part the property for which the offence property has been mortgaged, pledged or exchanged or into which the same has been converted; and\n- (d) that the offence property was obtained under such circumstances as to constitute a crime under subsection (1) ;","sortOrder":14},{"sectionNumber":"sec.8","sectionType":"section","heading":"Producing dangerous drugs","content":"### sec.8 Producing dangerous drugs\n\nA person who unlawfully produces a dangerous drug is guilty of a crime.\nMaximum penalty—\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing—25 years imprisonment; or\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 but less than the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing and the person convicted—\nsatisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment;\ndoes not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or\nin any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 —20 years imprisonment; or\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 in respect of that thing—20 years imprisonment; or\nin any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 —15 years imprisonment.\nFor a dangerous drug that is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 , part 2 (a part 2 drug ), a reference in subsection (1) to the quantity of the thing is a reference to the whole weight of all the part 2 drugs (whether of the same or different types) that the person is convicted of unlawfully producing.\nThe Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\ns 8 amd 1988 No. 88 s 3 sch 1 ; 1989 No. 34 s 7 ; 1990 No. 9 s 8 ; 1996 No. 49 s 6 ; 2000 No. 28 s 8 ; 2008 No. 4 s 10 ; 2010 No. 42 s 37 sch ; 2014 No. 42 s 20 ; 2016 No. 62 s 167\nNote—The spelling ‘dependant’ as appearing in all reprints from reprint 1 to reprint 6 was returned in reprint 7 to the spelling ‘dependent’ as shown in the 1986 annual volume.\n(sec.8-ssec.1) A person who unlawfully produces a dangerous drug is guilty of a crime. Maximum penalty— if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing—25 years imprisonment; or if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 but less than the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing and the person convicted— satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment; does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 —20 years imprisonment; or if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 in respect of that thing—20 years imprisonment; or in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 —15 years imprisonment.\n(sec.8-ssec.2) For a dangerous drug that is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 , part 2 (a part 2 drug ), a reference in subsection (1) to the quantity of the thing is a reference to the whole weight of all the part 2 drugs (whether of the same or different types) that the person is convicted of unlawfully producing.\n(sec.8-ssec.3) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\n(sec.8-ssec.4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\n- (a) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing—25 years imprisonment; or\n- (b) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 but less than the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing and the person convicted— (i) satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment; (ii) does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or\n- (i) satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment;\n- (ii) does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or\n- (c) in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 —20 years imprisonment; or\n- (d) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 in respect of that thing—20 years imprisonment; or\n- (e) in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 —15 years imprisonment.\n- (i) satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment;\n- (ii) does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or","sortOrder":15},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Publishing or possessing instructions for producing dangerous drugs","content":"### sec.8A Publishing or possessing instructions for producing dangerous drugs\n\nA person who unlawfully publishes instructions, or unlawfully has possession of a document containing instructions, about the way to produce a dangerous drug commits a crime.\nMaximum penalty—\nif the dangerous drug to which the instructions relate is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 —25 years imprisonment; or\nif the dangerous drug to which the instructions relate is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 —20 years imprisonment.\nIt is a defence to a charge of an offence against subsection (1) of unlawfully publishing instructions, or unlawfully possessing a document containing instructions, about the way to produce cannabis as a commercial fibre or seed crop, for a person to prove that the person published the instructions, or possessed the document containing the instructions, for a purpose authorised under part 5B .\nIn this section—\ndocument containing instructions about the way to produce a dangerous drug includes anything designed to enable electronic access specifically to the instructions.\na document containing a computer password specifically designed to give access through a computer to the instructions\npublish includes publish to any person and supply, exhibit and display to any person, whether the publication is made orally or in written, electronic or another form.\ns 8A ins 1996 No. 49 s 7\namd 2000 No. 28 s 9 ; 2002 No. 35 s 6 ; 2008 No. 4 s 11\n(sec.8A-ssec.1) A person who unlawfully publishes instructions, or unlawfully has possession of a document containing instructions, about the way to produce a dangerous drug commits a crime. Maximum penalty— if the dangerous drug to which the instructions relate is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 —25 years imprisonment; or if the dangerous drug to which the instructions relate is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 —20 years imprisonment.\n(sec.8A-ssec.2) It is a defence to a charge of an offence against subsection (1) of unlawfully publishing instructions, or unlawfully possessing a document containing instructions, about the way to produce cannabis as a commercial fibre or seed crop, for a person to prove that the person published the instructions, or possessed the document containing the instructions, for a purpose authorised under part 5B .\n(sec.8A-ssec.3) In this section— document containing instructions about the way to produce a dangerous drug includes anything designed to enable electronic access specifically to the instructions. a document containing a computer password specifically designed to give access through a computer to the instructions publish includes publish to any person and supply, exhibit and display to any person, whether the publication is made orally or in written, electronic or another form.\n- (a) if the dangerous drug to which the instructions relate is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 —25 years imprisonment; or\n- (b) if the dangerous drug to which the instructions relate is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 —20 years imprisonment.","sortOrder":16},{"sectionNumber":"sec.9","sectionType":"section","heading":"Possessing dangerous drugs","content":"### sec.9 Possessing dangerous drugs\n\nA person who unlawfully has possession of a dangerous drug is guilty of a crime.\nMaximum penalty—\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing—25 years imprisonment; or\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 but is less than the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing and the person convicted—\nsatisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment; or\ndoes not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or\nif the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 in respect of that thing—20 years imprisonment; or\nin any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 or 2 —15 years imprisonment.\nFor a dangerous drug that is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 , part 2 (a part 2 drug ), a reference in subsection (1) to the quantity of the thing is a reference to the whole weight of all the part 2 drugs (whether of the same or different types) that the person is convicted of unlawfully possessing.\ns 9 amd 1988 No. 88 s 3 sch 1 ; 1989 No. 34 s 8 ; 1990 No. 9 s 9 ; 1996 No. 49 s 8 ; 2000 No. 28 s 10 ; 2008 No. 4 s 12 ; 2010 No. 42 s 37 sch ; 2014 No. 42 s 21\nNote—The spelling ‘dependant’ as appearing in all reprints from reprint 1 to reprint 6 was returned in reprint 7 to the spelling ‘dependent’ as shown in the 1986 annual volume.\n(sec.9-ssec.1) A person who unlawfully has possession of a dangerous drug is guilty of a crime. Maximum penalty— if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing—25 years imprisonment; or if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 but is less than the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing and the person convicted— satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment; or does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 in respect of that thing—20 years imprisonment; or in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 or 2 —15 years imprisonment.\n(sec.9-ssec.2) For a dangerous drug that is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 , part 2 (a part 2 drug ), a reference in subsection (1) to the quantity of the thing is a reference to the whole weight of all the part 2 drugs (whether of the same or different types) that the person is convicted of unlawfully possessing.\n- (a) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing—25 years imprisonment; or\n- (b) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 but is less than the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing and the person convicted— (i) satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment; or (ii) does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or\n- (i) satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment; or\n- (ii) does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or\n- (c) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 in respect of that thing—20 years imprisonment; or\n- (d) in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 or 2 —15 years imprisonment.\n- (i) satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment; or\n- (ii) does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or","sortOrder":17},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Possessing relevant substances or things","content":"### sec.9A Possessing relevant substances or things\n\nA person who unlawfully possesses a relevant substance or thing commits a crime.\nMaximum penalty—15 years imprisonment.\nIt is a defence to a charge of an offence against subsection (1) for a person to prove that the person has a reasonable excuse for possessing the relevant substance or thing.\nIn this section—\nrelevant substance or thing means—\na substance that is, or contains, a controlled substance and the gross weight of the relevant substance is of, or exceeds, the gross weight specified in the Drugs Misuse Regulation 1987 , schedule 8A in respect of the relevant substance; or\nsubstances that together are, or contain, a controlled substance and the total gross weight of the relevant substances is of, or exceeds, the total of the gross weights specified in the Drugs Misuse Regulation 1987 , schedule 8A in respect of the relevant substances; or\na thing specified in the Drugs Misuse Regulation 1987 , schedule 8B .\ns 9A ins 2006 No. 8 s 60\namd 2013 No. 14 s 41\n(sec.9A-ssec.1) A person who unlawfully possesses a relevant substance or thing commits a crime. Maximum penalty—15 years imprisonment.\n(sec.9A-ssec.1A) It is a defence to a charge of an offence against subsection (1) for a person to prove that the person has a reasonable excuse for possessing the relevant substance or thing.\n(sec.9A-ssec.2) In this section— relevant substance or thing means— a substance that is, or contains, a controlled substance and the gross weight of the relevant substance is of, or exceeds, the gross weight specified in the Drugs Misuse Regulation 1987 , schedule 8A in respect of the relevant substance; or substances that together are, or contain, a controlled substance and the total gross weight of the relevant substances is of, or exceeds, the total of the gross weights specified in the Drugs Misuse Regulation 1987 , schedule 8A in respect of the relevant substances; or a thing specified in the Drugs Misuse Regulation 1987 , schedule 8B .\n- (a) a substance that is, or contains, a controlled substance and the gross weight of the relevant substance is of, or exceeds, the gross weight specified in the Drugs Misuse Regulation 1987 , schedule 8A in respect of the relevant substance; or\n- (b) substances that together are, or contain, a controlled substance and the total gross weight of the relevant substances is of, or exceeds, the total of the gross weights specified in the Drugs Misuse Regulation 1987 , schedule 8A in respect of the relevant substances; or\n- (c) a thing specified in the Drugs Misuse Regulation 1987 , schedule 8B .","sortOrder":18},{"sectionNumber":"sec.9B","sectionType":"section","heading":"Supplying relevant substances or things","content":"### sec.9B Supplying relevant substances or things\n\nA person who unlawfully supplies a relevant substance or thing as defined under section 9A (2) to another, whether or not the other person is in Queensland, for use in connection with the commission of a crime under section 8 , commits a crime.\nMaximum penalty—15 years imprisonment.\nThe Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\ns 9B ins 2008 No. 4 s 13\namd 2016 No. 62 s 168\n(sec.9B-ssec.1) A person who unlawfully supplies a relevant substance or thing as defined under section 9A (2) to another, whether or not the other person is in Queensland, for use in connection with the commission of a crime under section 8 , commits a crime. Maximum penalty—15 years imprisonment.\n(sec.9B-ssec.2) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\n(sec.9B-ssec.3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.","sortOrder":19},{"sectionNumber":"sec.9C","sectionType":"section","heading":"Producing relevant substances or things","content":"### sec.9C Producing relevant substances or things\n\nA person who unlawfully produces a relevant substance or thing as defined under section 9A (2) , for use in connection with the commission of a crime under section 8 , commits a crime.\nMaximum penalty—15 years imprisonment.\nThe Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\ns 9C ins 2008 No. 4 s 13\namd 2016 No. 62 s 169\n(sec.9C-ssec.1) A person who unlawfully produces a relevant substance or thing as defined under section 9A (2) , for use in connection with the commission of a crime under section 8 , commits a crime. Maximum penalty—15 years imprisonment.\n(sec.9C-ssec.2) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\n(sec.9C-ssec.3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.","sortOrder":20},{"sectionNumber":"sec.9D","sectionType":"section","heading":"Trafficking in relevant substances or things","content":"### sec.9D Trafficking in relevant substances or things\n\nA person who carries on the business of unlawfully trafficking in a relevant substance or thing as defined under section 9A (2) , for use in connection with the commission of a crime under section 8 , commits a crime.\nMaximum penalty—20 years imprisonment.\nThe Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\ns 9D ins 2013 No. 14 s 42\namd 2016 No. 62 s 170\n(sec.9D-ssec.1) A person who carries on the business of unlawfully trafficking in a relevant substance or thing as defined under section 9A (2) , for use in connection with the commission of a crime under section 8 , commits a crime. Maximum penalty—20 years imprisonment.\n(sec.9D-ssec.2) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\n(sec.9D-ssec.3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.","sortOrder":21},{"sectionNumber":"sec.10","sectionType":"section","heading":"Possessing things","content":"### sec.10 Possessing things\n\nA person who has in his or her possession anything—\nfor use in connection with the commission of a crime defined in this part; or\nthat the person has used in connection with such a purpose;\nis guilty of a crime.\nMaximum penalty—15 years imprisonment.\nA person who unlawfully has in his or her possession anything (not being a hypodermic syringe or needle)—\nfor use in connection with the administration, consumption or smoking of a dangerous drug; or\nthat the person has used in connection with such a purpose;\ncommits an offence against this Act.\nMaximum penalty—2 years imprisonment.\nA person (other than a medical practitioner, pharmacist or person or member of a class of persons authorised so to do by the Minister administering the Medicines and Poisons Act 2019 ) who supplies a hypodermic syringe or needle to another, whether or not such other person is in Queensland, for use in connection with the administration of a dangerous drug commits an offence against this Act.\nMaximum penalty—2 years imprisonment.\nA person who has in his or her possession a thing being a hypodermic syringe or needle who fails to use all reasonable care and take all reasonable precautions in respect of such thing so as to avoid danger to the life, safety or health of another commits an offence against this Act.\nMaximum penalty—2 years imprisonment.\nFor subsection (4) , it is immaterial whether the hypodermic syringe or needle was for use, or had been used, in connection with the administration of a dangerous drug.\nA person who has in his or her possession a hypodermic syringe or needle that has been used in connection with the administration of a dangerous drug who fails to dispose of such hypodermic syringe or needle in accordance with the procedures prescribed by regulation commits an offence against this Act.\nMaximum penalty—2 years imprisonment.\nFor subsection (1) , the dangerous drug to which the commission of a crime relates is the dangerous drug directly or indirectly involved and in relation to which proof is required to establish the commission of the crime.\nSuppose a person is guilty of a crime against this section because he or she has in his or her possession equipment for use in connection with the commission of a crime defined in section 8 of unlawfully producing a dangerous drug. That dangerous drug is the dangerous drug referred to in the penalty for subsection (1) .\ns 10 amd 1987 No. 53 s 5 ; 1988 No. 88 s 3 sch 1 ; 1989 No. 34 s 9 ; 1995 No. 18 s 3 sch ; 2000 No. 5 s 461 sch 3 ; 2000 No. 28 s 11 ; 2008 No. 4 s 14 ; 2013 No. 14 s 43 ; 2019 No. 26 s 290 sch 2\n(sec.10-ssec.1) A person who has in his or her possession anything— for use in connection with the commission of a crime defined in this part; or that the person has used in connection with such a purpose; is guilty of a crime. Maximum penalty—15 years imprisonment.\n(sec.10-ssec.2) A person who unlawfully has in his or her possession anything (not being a hypodermic syringe or needle)— for use in connection with the administration, consumption or smoking of a dangerous drug; or that the person has used in connection with such a purpose; commits an offence against this Act. Maximum penalty—2 years imprisonment.\n(sec.10-ssec.3) A person (other than a medical practitioner, pharmacist or person or member of a class of persons authorised so to do by the Minister administering the Medicines and Poisons Act 2019 ) who supplies a hypodermic syringe or needle to another, whether or not such other person is in Queensland, for use in connection with the administration of a dangerous drug commits an offence against this Act. Maximum penalty—2 years imprisonment.\n(sec.10-ssec.4) A person who has in his or her possession a thing being a hypodermic syringe or needle who fails to use all reasonable care and take all reasonable precautions in respect of such thing so as to avoid danger to the life, safety or health of another commits an offence against this Act. Maximum penalty—2 years imprisonment.\n(sec.10-ssec.4AA) For subsection (4) , it is immaterial whether the hypodermic syringe or needle was for use, or had been used, in connection with the administration of a dangerous drug.\n(sec.10-ssec.4A) A person who has in his or her possession a hypodermic syringe or needle that has been used in connection with the administration of a dangerous drug who fails to dispose of such hypodermic syringe or needle in accordance with the procedures prescribed by regulation commits an offence against this Act. Maximum penalty—2 years imprisonment.\n(sec.10-ssec.6) For subsection (1) , the dangerous drug to which the commission of a crime relates is the dangerous drug directly or indirectly involved and in relation to which proof is required to establish the commission of the crime. Suppose a person is guilty of a crime against this section because he or she has in his or her possession equipment for use in connection with the commission of a crime defined in section 8 of unlawfully producing a dangerous drug. That dangerous drug is the dangerous drug referred to in the penalty for subsection (1) .\n- (a) for use in connection with the commission of a crime defined in this part; or\n- (b) that the person has used in connection with such a purpose;\n- (a) for use in connection with the administration, consumption or smoking of a dangerous drug; or\n- (b) that the person has used in connection with such a purpose;","sortOrder":22},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Possessing suspected property","content":"### sec.10A Possessing suspected property\n\nA person who has in his or her possession any property (other than a dangerous drug, hypodermic syringe or needle) reasonably suspected of—\nhaving been acquired for the purpose of committing an offence defined in this part; or\nhaving been used in connection with the commission of such an offence; or\nhaving been furnished or intended to be furnished for the purpose of committing such an offence; or\nbeing the proceeds of such an offence; or\nhaving been acquired with the proceeds of such an offence; or\nbeing property into which the proceeds of such an offence have, in some other manner, been converted;\nwho does not give an account satisfactory to the court of how the person lawfully came by or had such property in the person’s possession commits an offence against this Act.\nMaximum penalty—2 years imprisonment.\nWhere the person declares that he or she received the property from some other person or that he or she was employed as a carrier, agent or servant to convey the property to some other person, the court may cause every such person and also, if necessary, every other person through whose possession the property has passed to be brought to the same or another court and examined concerning the property.\nA person brought to the court pursuant to subsection (2) who appears to the court to have had possession of the property and to have had reasonable cause to believe the same—\nto have been acquired for the purpose of committing an offence defined in this part; or\nto have been used in connection with the commission of such an offence; or\nto have been furnished or intended to be furnished for the purpose of committing such an offence; or\nto be the proceeds of such an offence; or\nto have been acquired with the proceeds of such an offence; or\nto be property into which the proceeds of such an offence have, in some other manner, been converted;\ncommits an offence against this Act.\nMaximum penalty—2 years imprisonment.\nFor the purpose of proving the possession of any property it is sufficient to show that the defendant has, either alone or jointly with some other person, aided in concealing the property or disposing of it.\ns 10A ins 1989 No. 34 s 10\namd 2000 No. 5 s 461 sch 3\n(sec.10A-ssec.1) A person who has in his or her possession any property (other than a dangerous drug, hypodermic syringe or needle) reasonably suspected of— having been acquired for the purpose of committing an offence defined in this part; or having been used in connection with the commission of such an offence; or having been furnished or intended to be furnished for the purpose of committing such an offence; or being the proceeds of such an offence; or having been acquired with the proceeds of such an offence; or being property into which the proceeds of such an offence have, in some other manner, been converted; who does not give an account satisfactory to the court of how the person lawfully came by or had such property in the person’s possession commits an offence against this Act. Maximum penalty—2 years imprisonment.\n(sec.10A-ssec.2) Where the person declares that he or she received the property from some other person or that he or she was employed as a carrier, agent or servant to convey the property to some other person, the court may cause every such person and also, if necessary, every other person through whose possession the property has passed to be brought to the same or another court and examined concerning the property.\n(sec.10A-ssec.3) A person brought to the court pursuant to subsection (2) who appears to the court to have had possession of the property and to have had reasonable cause to believe the same— to have been acquired for the purpose of committing an offence defined in this part; or to have been used in connection with the commission of such an offence; or to have been furnished or intended to be furnished for the purpose of committing such an offence; or to be the proceeds of such an offence; or to have been acquired with the proceeds of such an offence; or to be property into which the proceeds of such an offence have, in some other manner, been converted; commits an offence against this Act. Maximum penalty—2 years imprisonment.\n(sec.10A-ssec.4) For the purpose of proving the possession of any property it is sufficient to show that the defendant has, either alone or jointly with some other person, aided in concealing the property or disposing of it.\n- (a) having been acquired for the purpose of committing an offence defined in this part; or\n- (b) having been used in connection with the commission of such an offence; or\n- (c) having been furnished or intended to be furnished for the purpose of committing such an offence; or\n- (d) being the proceeds of such an offence; or\n- (e) having been acquired with the proceeds of such an offence; or\n- (f) being property into which the proceeds of such an offence have, in some other manner, been converted;\n- (a) to have been acquired for the purpose of committing an offence defined in this part; or\n- (b) to have been used in connection with the commission of such an offence; or\n- (c) to have been furnished or intended to be furnished for the purpose of committing such an offence; or\n- (d) to be the proceeds of such an offence; or\n- (e) to have been acquired with the proceeds of such an offence; or\n- (f) to be property into which the proceeds of such an offence have, in some other manner, been converted;","sortOrder":23},{"sectionNumber":"sec.10B","sectionType":"section","heading":"Possession of a prohibited combination of items","content":"### sec.10B Possession of a prohibited combination of items\n\nA person who unlawfully possesses a prohibited combination of items commits a crime.\nMaximum penalty—25 years imprisonment.\nTo remove any doubt, it is declared that a person who unlawfully possesses a prohibited combination of items commits an offence against subsection (1) even if the items are separate or at different places.\nA combination of chemical A, chemical B and chemical C is a prohibited combination of items. John Smith unlawfully possesses chemical A, chemical B and chemical C. John Smith commits a crime under subsection (1) even though chemical A is in his garage, chemical B is in his storage shed and chemical C is in his utility room.\nIn this section—\nprohibited combination of items means a combination of items that is prescribed under the Drugs Misuse Regulation 1987 , schedule 8C .\ns 10B ins 2006 No. 8 s 61\n(sec.10B-ssec.1) A person who unlawfully possesses a prohibited combination of items commits a crime. Maximum penalty—25 years imprisonment.\n(sec.10B-ssec.2) To remove any doubt, it is declared that a person who unlawfully possesses a prohibited combination of items commits an offence against subsection (1) even if the items are separate or at different places. A combination of chemical A, chemical B and chemical C is a prohibited combination of items. John Smith unlawfully possesses chemical A, chemical B and chemical C. John Smith commits a crime under subsection (1) even though chemical A is in his garage, chemical B is in his storage shed and chemical C is in his utility room.\n(sec.10B-ssec.3) In this section— prohibited combination of items means a combination of items that is prescribed under the Drugs Misuse Regulation 1987 , schedule 8C .","sortOrder":24},{"sectionNumber":"sec.11","sectionType":"section","heading":"Permitting use of place","content":"### sec.11 Permitting use of place\n\nA person who, being the occupier or concerned in the management or control of a place, permits the place to be used for the commission of a crime defined in this part is guilty of a crime.\nMaximum penalty—15 years imprisonment.\nFor subsection (1) , the dangerous drug to which the commission of a crime relates is the dangerous drug directly or indirectly involved and in relation to which proof is required to establish the commission of the crime.\nSuppose a person is guilty of a crime against this section because, being the occupier of a place, he or she permitted another person to use the place for the commission of a crime defined in section 8A of publishing instructions about the way to produce a dangerous drug. That dangerous drug is the dangerous drug referred to in the penalty for subsection (1) .\ns 11 amd 1988 No. 88 s 3 sch 1 ; 2000 No. 28 s 12 ; 2008 No. 4 s 15\n(sec.11-ssec.1) A person who, being the occupier or concerned in the management or control of a place, permits the place to be used for the commission of a crime defined in this part is guilty of a crime. Maximum penalty—15 years imprisonment.\n(sec.11-ssec.2) For subsection (1) , the dangerous drug to which the commission of a crime relates is the dangerous drug directly or indirectly involved and in relation to which proof is required to establish the commission of the crime. Suppose a person is guilty of a crime against this section because, being the occupier of a place, he or she permitted another person to use the place for the commission of a crime defined in section 8A of publishing instructions about the way to produce a dangerous drug. That dangerous drug is the dangerous drug referred to in the penalty for subsection (1) .","sortOrder":25},{"sectionNumber":"sec.12","sectionType":"section","heading":"Parties to offences committed outside Queensland","content":"### sec.12 Parties to offences committed outside Queensland\n\nA person who, in Queensland, is a party to an act done at a place not in Queensland which if it had been done in Queensland would have constituted a crime defined in this part and which is an offence under the laws in force in the place where it was done is guilty of a crime and is liable to the same punishment and forfeiture as if the act had been done in Queensland.","sortOrder":26},{"sectionNumber":"sec.13","sectionType":"section","heading":"Certain offences may be dealt with summarily","content":"### sec.13 Certain offences may be dealt with summarily\n\nWhere a person charged with the commission of a crime defined in section 6 , 8 , 9 , 9A , 9B , 9C , 10 (1) , 11 or 12 or an attempt to commit any such crime is liable upon conviction to not more than 15 years imprisonment, proceedings in respect of a charge of the offence may be taken summarily.\nWhere a person is charged with the commission of a crime defined in section 7 or an attempt to commit any such crime in respect of property obtained from the commission of—\nan offence defined in section 6 ; or\nan act referred to in section 7 (1) (b) which if it had been done in Queensland would have constituted an offence defined in section 6 ;\nwhich offence or act is of such a nature, or is committed under such circumstances, that the person who committed the offence or act—\nupon conviction is liable, pursuant to section 6 , to not more than 15 years imprisonment; or\nmight be summarily convicted under the laws in force in the place where it was committed;\nproceedings in respect of a charge of the crime or an attempt to commit any such crime may be taken summarily.\nDespite subsections (1) and (2) , proceedings may not be taken summarily in relation to a charge of an offence defined in section 6 , 7 , 8 , 9B or 9C if the prosecution alleges the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q .\nIf a person is charged with the commission of a crime, or an attempt to commit a crime, defined in section 8A , proceedings in relation to the charge may be taken summarily.\nA person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than—\nif a treatment order is made for the person—4 years imprisonment; or\notherwise—3 years imprisonment.\ns 13 amd 1987 No. 53 s 6 ; 1988 No. 88 s 3 sch 1 ; 1989 No. 34 s 11 ; 1996 No. 49 s 9 ; 2000 No. 28 s 13 ; 2006 No. 8 s 62 ; 2008 No. 4 s 16 ; 2016 No. 62 s 171 ; 2017 No. 41 s 14\n(sec.13-ssec.1) Where a person charged with the commission of a crime defined in section 6 , 8 , 9 , 9A , 9B , 9C , 10 (1) , 11 or 12 or an attempt to commit any such crime is liable upon conviction to not more than 15 years imprisonment, proceedings in respect of a charge of the offence may be taken summarily.\n(sec.13-ssec.2) Where a person is charged with the commission of a crime defined in section 7 or an attempt to commit any such crime in respect of property obtained from the commission of— an offence defined in section 6 ; or an act referred to in section 7 (1) (b) which if it had been done in Queensland would have constituted an offence defined in section 6 ; which offence or act is of such a nature, or is committed under such circumstances, that the person who committed the offence or act— upon conviction is liable, pursuant to section 6 , to not more than 15 years imprisonment; or might be summarily convicted under the laws in force in the place where it was committed; proceedings in respect of a charge of the crime or an attempt to commit any such crime may be taken summarily.\n(sec.13-ssec.2A) Despite subsections (1) and (2) , proceedings may not be taken summarily in relation to a charge of an offence defined in section 6 , 7 , 8 , 9B or 9C if the prosecution alleges the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q .\n(sec.13-ssec.3) If a person is charged with the commission of a crime, or an attempt to commit a crime, defined in section 8A , proceedings in relation to the charge may be taken summarily.\n(sec.13-ssec.4) A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than— if a treatment order is made for the person—4 years imprisonment; or otherwise—3 years imprisonment.\n- (a) an offence defined in section 6 ; or\n- (b) an act referred to in section 7 (1) (b) which if it had been done in Queensland would have constituted an offence defined in section 6 ;\n- (c) upon conviction is liable, pursuant to section 6 , to not more than 15 years imprisonment; or\n- (d) might be summarily convicted under the laws in force in the place where it was committed;\n- (a) if a treatment order is made for the person—4 years imprisonment; or\n- (b) otherwise—3 years imprisonment.","sortOrder":27},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Offences that may be dealt with summarily if treatment order is sought","content":"### sec.13A Offences that may be dealt with summarily if treatment order is sought\n\nIf a person is charged with the commission of an offence mentioned in subsection (3) , or an attempt to commit the offence, proceedings in relation to the charge may be taken summarily.\nHowever, the proceedings may be taken summarily only if both the person and prosecution agree to a treatment order being made for the offence.\nFor subsection (1) , the offences are—\nan offence mentioned in section 6 (1) , if the person is liable on conviction to not more than the penalty mentioned in paragraph (c) of the maximum penalty for that section; or\nan offence mentioned in section 8 (1) , if the person is liable on conviction to not more than the penalty mentioned in paragraph (b) (i) , (c) or (d) of the maximum penalty for that section; or\nan offence defined in section 9 (1) , if—\nthe person is liable on conviction to a penalty mentioned in paragraph (b) (i) or (c) of the maximum penalty for that section; and\nthe offence can not be dealt with summarily under section 14 .\nDespite subsection (1) , proceedings may not be taken summarily in relation to a charge of an offence mentioned in subsection (3) if the prosecution alleges the offence was committed with the circumstances of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q .\nA person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than 4 years imprisonment.\ns 13A ins 2017 No. 41 s 15\n(sec.13A-ssec.1) If a person is charged with the commission of an offence mentioned in subsection (3) , or an attempt to commit the offence, proceedings in relation to the charge may be taken summarily.\n(sec.13A-ssec.2) However, the proceedings may be taken summarily only if both the person and prosecution agree to a treatment order being made for the offence.\n(sec.13A-ssec.3) For subsection (1) , the offences are— an offence mentioned in section 6 (1) , if the person is liable on conviction to not more than the penalty mentioned in paragraph (c) of the maximum penalty for that section; or an offence mentioned in section 8 (1) , if the person is liable on conviction to not more than the penalty mentioned in paragraph (b) (i) , (c) or (d) of the maximum penalty for that section; or an offence defined in section 9 (1) , if— the person is liable on conviction to a penalty mentioned in paragraph (b) (i) or (c) of the maximum penalty for that section; and the offence can not be dealt with summarily under section 14 .\n(sec.13A-ssec.4) Despite subsection (1) , proceedings may not be taken summarily in relation to a charge of an offence mentioned in subsection (3) if the prosecution alleges the offence was committed with the circumstances of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q .\n(sec.13A-ssec.5) A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than 4 years imprisonment.\n- (a) an offence mentioned in section 6 (1) , if the person is liable on conviction to not more than the penalty mentioned in paragraph (c) of the maximum penalty for that section; or\n- (b) an offence mentioned in section 8 (1) , if the person is liable on conviction to not more than the penalty mentioned in paragraph (b) (i) , (c) or (d) of the maximum penalty for that section; or\n- (c) an offence defined in section 9 (1) , if— (i) the person is liable on conviction to a penalty mentioned in paragraph (b) (i) or (c) of the maximum penalty for that section; and (ii) the offence can not be dealt with summarily under section 14 .\n- (i) the person is liable on conviction to a penalty mentioned in paragraph (b) (i) or (c) of the maximum penalty for that section; and\n- (ii) the offence can not be dealt with summarily under section 14 .\n- (i) the person is liable on conviction to a penalty mentioned in paragraph (b) (i) or (c) of the maximum penalty for that section; and\n- (ii) the offence can not be dealt with summarily under section 14 .","sortOrder":28},{"sectionNumber":"sec.14","sectionType":"section","heading":"Other offences that may be dealt with summarily if no commercial purpose alleged","content":"### sec.14 Other offences that may be dealt with summarily if no commercial purpose alleged\n\nSubject to subsection (2) , if a person charged with the commission of a crime defined in section 9 , or an attempt to commit the crime, is liable on conviction to more than 15 years imprisonment, proceedings for a charge of the offence may be taken summarily.\nsection 9 (Possessing dangerous drugs)\nIt is open to the director of public prosecutions to issue guidelines for deciding whether to take proceedings summarily under subsection (1) . (See the Director of Public Prosecutions Act 1984 , section 11 (Powers of director).)\nProceedings may not be taken summarily if the prosecution alleges that the possession the subject of the charge was for a commercial purpose.\nA person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than—\nif a treatment order is made for the person under the Penalties and Sentences Act 1992 , part 8A —4 years imprisonment; or\notherwise—3 years imprisonment.\ns 14 orig s 14 om 2000 No. 5 s 373 sch 2\nprev s 14 ins 2000 No. 28 s 14\namd 2001 No. 78 s 237 sch 4\nom 2008 No. 4 s 17\npres s 14 ins 2010 No. 26 s 62\namd 2017 No. 41 s 16\n(sec.14-ssec.1) Subject to subsection (2) , if a person charged with the commission of a crime defined in section 9 , or an attempt to commit the crime, is liable on conviction to more than 15 years imprisonment, proceedings for a charge of the offence may be taken summarily. section 9 (Possessing dangerous drugs) It is open to the director of public prosecutions to issue guidelines for deciding whether to take proceedings summarily under subsection (1) . (See the Director of Public Prosecutions Act 1984 , section 11 (Powers of director).)\n(sec.14-ssec.2) Proceedings may not be taken summarily if the prosecution alleges that the possession the subject of the charge was for a commercial purpose.\n(sec.14-ssec.3) A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than— if a treatment order is made for the person under the Penalties and Sentences Act 1992 , part 8A —4 years imprisonment; or otherwise—3 years imprisonment.\n- (a) if a treatment order is made for the person under the Penalties and Sentences Act 1992 , part 8A —4 years imprisonment; or\n- (b) otherwise—3 years imprisonment.","sortOrder":29},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 orig s 15 om 2000 No. 5 s 373 sch 2\nprev s 15 ins 2000 No. 28 s 14\nom 2008 No. 4 s 17","sortOrder":30},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 om 2000 No. 5 s 373 sch 2","sortOrder":31},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 om 2000 No. 5 s 373 sch 2","sortOrder":32},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 amd 1987 No. 53 s 7 ; 1995 No. 18 s 3 sch\nom 2000 No. 5 s 373 sch 2","sortOrder":33},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 om 2000 No. 5 s 373 sch 2","sortOrder":34},{"sectionNumber":"sec.19A","sectionType":"section","heading":null,"content":"### Section sec.19A\n\ns 19A ins 1995 No. 18 s 4\nom 2000 No. 5 s 373 sch 2","sortOrder":35},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 amd 1995 No. 18 s 3 sch\nom 2000 No. 5 s 373 sch 2","sortOrder":36},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 amd 1987 No. 53 s 8\nom 2000 No. 5 s 373 sch 2","sortOrder":37},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 amd 1987 No. 53 s 9\nom 2000 No. 5 s 373 sch 2","sortOrder":38},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 om 2000 No. 5 s 373 sch 2","sortOrder":39},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 2000 No. 5 s 373 sch 2","sortOrder":40},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 amd 1988 No. 88 s 3 sch 1 ; 1989 No. 34 s 12 ; 1990 No. 9 s 11\nom 2000 No. 5 s 373 sch 2","sortOrder":41},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 amd 1989 No. 34 s 13\nom 2000 No. 5 s 373 sch 2","sortOrder":42},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 amd 1989 No. 34 s 14\nom 2000 No. 5 s 373 sch 2","sortOrder":43},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 om 2000 No. 5 s 373 sch 2","sortOrder":44},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 om 2000 No. 5 s 373 sch 2","sortOrder":45},{"sectionNumber":"sec.29A","sectionType":"section","heading":null,"content":"### Section sec.29A\n\ns 29A ins 1989 No. 34 s 15\nom 2000 No. 5 s 373 sch 2","sortOrder":46},{"sectionNumber":"pt.3","sectionType":"part","heading":null,"content":"","sortOrder":47},{"sectionNumber":"pt.4","sectionType":"part","heading":null,"content":"","sortOrder":48},{"sectionNumber":"pt.5","sectionType":"part","heading":"Forfeiture and restraint","content":"# Forfeiture and restraint","sortOrder":49},{"sectionNumber":"sec.30","sectionType":"section","heading":"Interpretation","content":"### sec.30 Interpretation\n\nIn this part—\ncourt means—\nthe Supreme Court; or\nthe District Court; or\nin relation to an application for the forfeiture of dangerous drugs to any value, or for the forfeiture or restraint of personal property (other than an estate or interest in land) with a value of not more than $25,000 or to both these applications—\na Magistrates Court constituted by a magistrate; or\nif the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate.\ns 30 def court amd 2013 No. 14 s 44 ; 2016 No. 58 s 10 sch 1\nproceeds of an offence means property derived directly or indirectly from the commission of the offence.\nFor the purposes of this part, a person shall be deemed to have been convicted of an offence defined in part 2 if—\nthat person has been found guilty of the offence by a court, or has pleaded that he or she is guilty of the offence, but is discharged, absolutely or conditionally, without conviction; or\na court, at the request of that person, takes the offence into account in determining the penalty for some other offence.\nWhere pursuant to this part, real property, or an estate or interest in land other than real property, vests in the Crown it shall, where the Minister so directs, be held upon trust by the public trustee for and on behalf of the Crown.\ns 30 amd 1989 No. 34 s 16 ; 1992 No. 44 s 235 sch 3 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 16\n(sec.30-ssec.1) In this part— court means— the Supreme Court; or the District Court; or in relation to an application for the forfeiture of dangerous drugs to any value, or for the forfeiture or restraint of personal property (other than an estate or interest in land) with a value of not more than $25,000 or to both these applications— a Magistrates Court constituted by a magistrate; or if the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate. s 30 def court amd 2013 No. 14 s 44 ; 2016 No. 58 s 10 sch 1 proceeds of an offence means property derived directly or indirectly from the commission of the offence.\n(sec.30-ssec.2) For the purposes of this part, a person shall be deemed to have been convicted of an offence defined in part 2 if— that person has been found guilty of the offence by a court, or has pleaded that he or she is guilty of the offence, but is discharged, absolutely or conditionally, without conviction; or a court, at the request of that person, takes the offence into account in determining the penalty for some other offence.\n(sec.30-ssec.3) Where pursuant to this part, real property, or an estate or interest in land other than real property, vests in the Crown it shall, where the Minister so directs, be held upon trust by the public trustee for and on behalf of the Crown.\n- (a) the Supreme Court; or\n- (b) the District Court; or\n- (c) in relation to an application for the forfeiture of dangerous drugs to any value, or for the forfeiture or restraint of personal property (other than an estate or interest in land) with a value of not more than $25,000 or to both these applications— (i) a Magistrates Court constituted by a magistrate; or (ii) if the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate.\n- (i) a Magistrates Court constituted by a magistrate; or\n- (ii) if the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate.\n- (i) a Magistrates Court constituted by a magistrate; or\n- (ii) if the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate.\n- (a) that person has been found guilty of the offence by a court, or has pleaded that he or she is guilty of the offence, but is discharged, absolutely or conditionally, without conviction; or\n- (b) a court, at the request of that person, takes the offence into account in determining the penalty for some other offence.","sortOrder":50},{"sectionNumber":"sec.31","sectionType":"section","heading":"Jurisdiction","content":"### sec.31 Jurisdiction\n\nJurisdiction is conferred on a court to hear and determine applications under this part and to make orders authorised by this part.","sortOrder":51},{"sectionNumber":"sec.32","sectionType":"section","heading":"Forfeiture of dangerous drugs","content":"### sec.32 Forfeiture of dangerous drugs\n\nIf a court is satisfied beyond reasonable doubt that a thing, or any part of it, is any of the following, the court may, on application made to it, order that all or any part of the thing be forfeited to the State—\na dangerous drug;\na chemical used or intended to be used in or for manufacturing a dangerous drug;\nproperty contaminated by a chemical used in or for manufacturing a dangerous drug.\nThe application may be made in the absence of any other party.\nIf, in a proceeding against a person for a charge of an offence against a provision of part 2 , the person admits to a court either of the following in relation to a thing the charge alleges is or contains a dangerous drug, the court may order that the thing be forfeited to the State—\nthe identity and quantity of the dangerous drug;\nthe quantity, but not the identity of the thing alleged to be a dangerous drug.\nIf the court makes an order on an application under subsection (1) or (3) , in relation to a thing that is or contains a dangerous drug, the court must, in its order, make a finding of fact as to—\nthe identity of the dangerous drug; and\nthe quantity of the thing ordered to be forfeited.\nHowever, the court may not make an order of fact as to the identity of a dangerous drug unless, under subsection (3) , the person charged admits the identity of the dangerous drug.\nProduction in proceedings in respect of a charge against a person of having committed an offence defined in part 2 of an order made under subsection (1) or (3) is, unless the contrary is proved, conclusive evidence of the matters contained therein.\nSubsection (6) applies in relation to an order made under subsection (1) on or after the commencement of this subsection only if a representative sample of the thing forfeited is retained for analysis and, if required, production before a court in a proceeding for a charge of an offence to which the thing relates.\nIf a court finds a person guilty of an offence against a provision of part 2 , whether or not a conviction is recorded for the offence, any of the following that is alleged to be involved in the offence is forfeited to the State—\na dangerous drug for which an order was not made under subsection (1) or (3) ;\na chemical used or intended to be used in or for manufacturing a dangerous drug;\nproperty contaminated by a chemical used in or for manufacturing a dangerous drug.\nWhere a person charged with an offence defined in part 2 is not convicted of any offence on that charge the court before which the person was charged may order—\nthat anything that is alleged to be a dangerous drug in respect of which an order was not made under subsection (1) ; or\nthat the remainder of anything produced pursuant to subsection (1) ;\nand in respect of which the offence was alleged to have been committed, be forfeited to the Crown and any such thing or remainder of such thing shall thereby be forfeited accordingly.\ns 32 amd 1989 No. 34 s 17 ; 1990 No. 9 s 12 ; 1998 No. 19 s 18 ; 2000 No. 22 s 31\n(sec.32-ssec.1) If a court is satisfied beyond reasonable doubt that a thing, or any part of it, is any of the following, the court may, on application made to it, order that all or any part of the thing be forfeited to the State— a dangerous drug; a chemical used or intended to be used in or for manufacturing a dangerous drug; property contaminated by a chemical used in or for manufacturing a dangerous drug.\n(sec.32-ssec.2) The application may be made in the absence of any other party.\n(sec.32-ssec.3) If, in a proceeding against a person for a charge of an offence against a provision of part 2 , the person admits to a court either of the following in relation to a thing the charge alleges is or contains a dangerous drug, the court may order that the thing be forfeited to the State— the identity and quantity of the dangerous drug; the quantity, but not the identity of the thing alleged to be a dangerous drug.\n(sec.32-ssec.4) If the court makes an order on an application under subsection (1) or (3) , in relation to a thing that is or contains a dangerous drug, the court must, in its order, make a finding of fact as to— the identity of the dangerous drug; and the quantity of the thing ordered to be forfeited.\n(sec.32-ssec.5) However, the court may not make an order of fact as to the identity of a dangerous drug unless, under subsection (3) , the person charged admits the identity of the dangerous drug.\n(sec.32-ssec.6) Production in proceedings in respect of a charge against a person of having committed an offence defined in part 2 of an order made under subsection (1) or (3) is, unless the contrary is proved, conclusive evidence of the matters contained therein.\n(sec.32-ssec.7) Subsection (6) applies in relation to an order made under subsection (1) on or after the commencement of this subsection only if a representative sample of the thing forfeited is retained for analysis and, if required, production before a court in a proceeding for a charge of an offence to which the thing relates.\n(sec.32-ssec.8) If a court finds a person guilty of an offence against a provision of part 2 , whether or not a conviction is recorded for the offence, any of the following that is alleged to be involved in the offence is forfeited to the State— a dangerous drug for which an order was not made under subsection (1) or (3) ; a chemical used or intended to be used in or for manufacturing a dangerous drug; property contaminated by a chemical used in or for manufacturing a dangerous drug.\n(sec.32-ssec.9) Where a person charged with an offence defined in part 2 is not convicted of any offence on that charge the court before which the person was charged may order— that anything that is alleged to be a dangerous drug in respect of which an order was not made under subsection (1) ; or that the remainder of anything produced pursuant to subsection (1) ; and in respect of which the offence was alleged to have been committed, be forfeited to the Crown and any such thing or remainder of such thing shall thereby be forfeited accordingly.\n- (a) a dangerous drug;\n- (b) a chemical used or intended to be used in or for manufacturing a dangerous drug;\n- (c) property contaminated by a chemical used in or for manufacturing a dangerous drug.\n- (a) the identity and quantity of the dangerous drug;\n- (b) the quantity, but not the identity of the thing alleged to be a dangerous drug.\n- (a) the identity of the dangerous drug; and\n- (b) the quantity of the thing ordered to be forfeited.\n- (a) a dangerous drug for which an order was not made under subsection (1) or (3) ;\n- (b) a chemical used or intended to be used in or for manufacturing a dangerous drug;\n- (c) property contaminated by a chemical used in or for manufacturing a dangerous drug.\n- (a) that anything that is alleged to be a dangerous drug in respect of which an order was not made under subsection (1) ; or\n- (b) that the remainder of anything produced pursuant to subsection (1) ;","sortOrder":52},{"sectionNumber":"sec.33","sectionType":"section","heading":"Liability of property (other than a dangerous drug) to forfeiture","content":"### sec.33 Liability of property (other than a dangerous drug) to forfeiture\n\nProperty (other than a dangerous drug) is liable to forfeiture under this part if the property is—\nacquired for the purpose of committing an offence defined in part 2 ; or\nused in connection with the commission of such an offence; or\nfurnished or intended to be furnished for the purpose of committing such an offence; or\nthe proceeds of such an offence; or\nacquired with the proceeds of such an offence; or\nproperty into which the proceeds of such an offence have, in some other manner, been converted.\nWhere—\nthere has been an accretion to a person’s property in consequence of the commission of an offence defined in part 2 (either by that person or some other person); and\nidentification of specific property as being liable to forfeiture under subsection (1) is not possible (either because the property has been dissipated or for any other reason);\nthe whole of the person’s property is liable to forfeiture under this part but, on an application for forfeiture, only so much of the property as is necessary to realise a sum equal to the value of the accretion shall be forfeited.\nWhere a person charged with the commission of an offence defined in part 2 was in possession of property at or immediately after the commission of the offence the court hearing an application made under section 34 (1) shall presume that the property is liable to forfeiture unless that person proves to the contrary.\n(sec.33-ssec.1) Property (other than a dangerous drug) is liable to forfeiture under this part if the property is— acquired for the purpose of committing an offence defined in part 2 ; or used in connection with the commission of such an offence; or furnished or intended to be furnished for the purpose of committing such an offence; or the proceeds of such an offence; or acquired with the proceeds of such an offence; or property into which the proceeds of such an offence have, in some other manner, been converted.\n(sec.33-ssec.2) Where— there has been an accretion to a person’s property in consequence of the commission of an offence defined in part 2 (either by that person or some other person); and identification of specific property as being liable to forfeiture under subsection (1) is not possible (either because the property has been dissipated or for any other reason); the whole of the person’s property is liable to forfeiture under this part but, on an application for forfeiture, only so much of the property as is necessary to realise a sum equal to the value of the accretion shall be forfeited.\n(sec.33-ssec.3) Where a person charged with the commission of an offence defined in part 2 was in possession of property at or immediately after the commission of the offence the court hearing an application made under section 34 (1) shall presume that the property is liable to forfeiture unless that person proves to the contrary.\n- (a) acquired for the purpose of committing an offence defined in part 2 ; or\n- (b) used in connection with the commission of such an offence; or\n- (c) furnished or intended to be furnished for the purpose of committing such an offence; or\n- (d) the proceeds of such an offence; or\n- (e) acquired with the proceeds of such an offence; or\n- (f) property into which the proceeds of such an offence have, in some other manner, been converted.\n- (a) there has been an accretion to a person’s property in consequence of the commission of an offence defined in part 2 (either by that person or some other person); and\n- (b) identification of specific property as being liable to forfeiture under subsection (1) is not possible (either because the property has been dissipated or for any other reason);","sortOrder":53},{"sectionNumber":"sec.34","sectionType":"section","heading":"Forfeiture orders","content":"### sec.34 Forfeiture orders\n\nWhere a court is satisfied, upon application made to it—\nthat property is liable to forfeiture in consequence of the commission of an offence defined in part 2 ; and\nthat a person—\nhas been convicted of such an offence; or\nis dead, can not be found or is for any other reason not amenable to justice;\nthe court may order that the property be forfeited to the Crown and shall specify in any such order, other than an order in respect of money, the amount that it considers is the value of the property.\nWhere property that is liable to forfeiture under section 33 is received or acquired by a person who was not a party to the commission of the offence by virtue of which the property is liable to forfeiture, an order for forfeiture of the property may be made unless that person proves—\nthat the person gave valuable consideration for the property; and\nthat at the time of receiving or acquiring the property the person neither knew nor had reason to suspect the circumstances by virtue of which the property is liable to forfeiture.\nIn considering whether it is appropriate to make a forfeiture order under subsection (1) or (2) the court may have regard to—\nany extreme hardship that may be likely to be caused to any person by the operation of such an order; and\nthe use that is ordinarily made of the property.\nA court that makes a forfeiture order in respect of property may also, if it is satisfied—\nthat it would not be contrary to the public interest for the property to be returned to the person in whom the property was vested immediately before the making of the forfeiture order; and\nthat there is no other reason why the property should not be returned to that person;\nby order declare that the forfeiture order may be discharged as provided by section 39 (1) .\nSubject to subsection (6) , any question of fact to be decided by a court on an application for forfeiture shall be decided on the balance of probabilities.\nWhere, on an application for forfeiture, a person is alleged to have committed an offence defined in part 2 of which the person has not been convicted, a court shall be satisfied, in relation to that allegation, that the evidence adduced before it—\nif the offence is a crime defined in that part—is sufficient to put the person upon trial for that crime; or\nif the offence is an offence defined in section 10 (2) —is sufficient for a court to hold that the person has a case to answer.\n(sec.34-ssec.1) Where a court is satisfied, upon application made to it— that property is liable to forfeiture in consequence of the commission of an offence defined in part 2 ; and that a person— has been convicted of such an offence; or is dead, can not be found or is for any other reason not amenable to justice; the court may order that the property be forfeited to the Crown and shall specify in any such order, other than an order in respect of money, the amount that it considers is the value of the property.\n(sec.34-ssec.2) Where property that is liable to forfeiture under section 33 is received or acquired by a person who was not a party to the commission of the offence by virtue of which the property is liable to forfeiture, an order for forfeiture of the property may be made unless that person proves— that the person gave valuable consideration for the property; and that at the time of receiving or acquiring the property the person neither knew nor had reason to suspect the circumstances by virtue of which the property is liable to forfeiture.\n(sec.34-ssec.3) In considering whether it is appropriate to make a forfeiture order under subsection (1) or (2) the court may have regard to— any extreme hardship that may be likely to be caused to any person by the operation of such an order; and the use that is ordinarily made of the property.\n(sec.34-ssec.4) A court that makes a forfeiture order in respect of property may also, if it is satisfied— that it would not be contrary to the public interest for the property to be returned to the person in whom the property was vested immediately before the making of the forfeiture order; and that there is no other reason why the property should not be returned to that person; by order declare that the forfeiture order may be discharged as provided by section 39 (1) .\n(sec.34-ssec.5) Subject to subsection (6) , any question of fact to be decided by a court on an application for forfeiture shall be decided on the balance of probabilities.\n(sec.34-ssec.6) Where, on an application for forfeiture, a person is alleged to have committed an offence defined in part 2 of which the person has not been convicted, a court shall be satisfied, in relation to that allegation, that the evidence adduced before it— if the offence is a crime defined in that part—is sufficient to put the person upon trial for that crime; or if the offence is an offence defined in section 10 (2) —is sufficient for a court to hold that the person has a case to answer.\n- (a) that property is liable to forfeiture in consequence of the commission of an offence defined in part 2 ; and\n- (b) that a person— (i) has been convicted of such an offence; or (ii) is dead, can not be found or is for any other reason not amenable to justice;\n- (i) has been convicted of such an offence; or\n- (ii) is dead, can not be found or is for any other reason not amenable to justice;\n- (i) has been convicted of such an offence; or\n- (ii) is dead, can not be found or is for any other reason not amenable to justice;\n- (a) that the person gave valuable consideration for the property; and\n- (b) that at the time of receiving or acquiring the property the person neither knew nor had reason to suspect the circumstances by virtue of which the property is liable to forfeiture.\n- (a) any extreme hardship that may be likely to be caused to any person by the operation of such an order; and\n- (b) the use that is ordinarily made of the property.\n- (a) that it would not be contrary to the public interest for the property to be returned to the person in whom the property was vested immediately before the making of the forfeiture order; and\n- (b) that there is no other reason why the property should not be returned to that person;\n- (a) if the offence is a crime defined in that part—is sufficient to put the person upon trial for that crime; or\n- (b) if the offence is an offence defined in section 10 (2) —is sufficient for a court to hold that the person has a case to answer.","sortOrder":54},{"sectionNumber":"sec.35","sectionType":"section","heading":"Interested parties entitled to notice and appearance","content":"### sec.35 Interested parties entitled to notice and appearance\n\nWhere an application for forfeiture of property is made under section 34 a person who has an interest in the property is entitled—\nto such notice of the application as may be determined by the court to which the application is made; and\nto appear and be heard on the application.\n- (a) to such notice of the application as may be determined by the court to which the application is made; and\n- (b) to appear and be heard on the application.","sortOrder":55},{"sectionNumber":"sec.36","sectionType":"section","heading":"Effect of forfeiture","content":"### sec.36 Effect of forfeiture\n\nUpon the making of a forfeiture order under section 34 the property to which it relates shall divest from the person in whom it is vested at that time and vest in the Crown and, subject to any further order made in relation to that property by a court, shall be destroyed or disposed of in accordance with the Minister’s directions.\nA person who is in possession of property forfeited to the Crown under section 34 or of documents of title to such property shall deliver the property or the documents of title to a person authorised in that behalf by the Minister, upon demand of that authorised person.\nWhere a person has delivered property or documents of title to property in compliance with subsection (2) the person shall thereby be discharged from any duty or obligation had by him or her to any other person in relation to the disposition of the property or documents of title and from all liability that, but for this subsection, might have arisen by reason of such delivery.\nThe registrar of titles and any other person charged with the keeping of registers relating to property forfeited to the Crown pursuant to this part shall, upon request in that regard and upon production to him or her of sufficient evidence of the forfeiture record—\nthe forfeiture to and vesting in the Crown of the property; or\nwhere the Minister so directs, the public trustee as being the holder upon trust for and on behalf of the Crown of the property;\nin the register in his or her keeping and may do so notwithstanding—\nany other Act to the contrary; or\nthat any relevant document of title to the property is not produced to him or her.\nIn all proceedings and for all purposes a certificate purporting to be by—\nthe registrar or a deputy registrar of the Supreme Court if that court makes the order; or\nthe registrar of the Childrens Court constituted by a judge if that court makes the order; or\nthe clerk of the court at the place where—\nthe Childrens Court constituted by a Childrens Court magistrate or a magistrate; or\na Magistrates Court constituted by a magistrate;\nis the court making the order;\nas to the making of the order and the property to which the order relates shall be conclusive evidence of the matters contained therein.\nWhere a certificate referred to in subsection (5) is duly produced to the registrar of the Supreme Court for registration the registrar shall, upon payment of the appropriate fee, register the certificate in the court and thereupon the certificate shall be a record of the court and the order to which it refers shall be deemed to be a judgment of the court, duly entered, obtained by the Crown as plaintiff in an action for the recovery of possession of the property to which the order relates against the person from whom the property has been divested under subsection (1) , and all such proceedings may be taken to recover the property as could be taken if the judgment had been given by the court in favour of the Crown.\ns 36 amd 1995 No. 18 s 3 sch\n(sec.36-ssec.1) Upon the making of a forfeiture order under section 34 the property to which it relates shall divest from the person in whom it is vested at that time and vest in the Crown and, subject to any further order made in relation to that property by a court, shall be destroyed or disposed of in accordance with the Minister’s directions.\n(sec.36-ssec.2) A person who is in possession of property forfeited to the Crown under section 34 or of documents of title to such property shall deliver the property or the documents of title to a person authorised in that behalf by the Minister, upon demand of that authorised person.\n(sec.36-ssec.3) Where a person has delivered property or documents of title to property in compliance with subsection (2) the person shall thereby be discharged from any duty or obligation had by him or her to any other person in relation to the disposition of the property or documents of title and from all liability that, but for this subsection, might have arisen by reason of such delivery.\n(sec.36-ssec.4) The registrar of titles and any other person charged with the keeping of registers relating to property forfeited to the Crown pursuant to this part shall, upon request in that regard and upon production to him or her of sufficient evidence of the forfeiture record— the forfeiture to and vesting in the Crown of the property; or where the Minister so directs, the public trustee as being the holder upon trust for and on behalf of the Crown of the property; in the register in his or her keeping and may do so notwithstanding— any other Act to the contrary; or that any relevant document of title to the property is not produced to him or her.\n(sec.36-ssec.5) In all proceedings and for all purposes a certificate purporting to be by— the registrar or a deputy registrar of the Supreme Court if that court makes the order; or the registrar of the Childrens Court constituted by a judge if that court makes the order; or the clerk of the court at the place where— the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or a Magistrates Court constituted by a magistrate; is the court making the order; as to the making of the order and the property to which the order relates shall be conclusive evidence of the matters contained therein.\n(sec.36-ssec.6) Where a certificate referred to in subsection (5) is duly produced to the registrar of the Supreme Court for registration the registrar shall, upon payment of the appropriate fee, register the certificate in the court and thereupon the certificate shall be a record of the court and the order to which it refers shall be deemed to be a judgment of the court, duly entered, obtained by the Crown as plaintiff in an action for the recovery of possession of the property to which the order relates against the person from whom the property has been divested under subsection (1) , and all such proceedings may be taken to recover the property as could be taken if the judgment had been given by the court in favour of the Crown.\n- (a) the forfeiture to and vesting in the Crown of the property; or\n- (b) where the Minister so directs, the public trustee as being the holder upon trust for and on behalf of the Crown of the property;\n- (c) any other Act to the contrary; or\n- (d) that any relevant document of title to the property is not produced to him or her.\n- (a) the registrar or a deputy registrar of the Supreme Court if that court makes the order; or\n- (b) the registrar of the Childrens Court constituted by a judge if that court makes the order; or\n- (c) the clerk of the court at the place where— (i) the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or (ii) a Magistrates Court constituted by a magistrate;\n- (i) the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or\n- (ii) a Magistrates Court constituted by a magistrate;\n- (i) the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or\n- (ii) a Magistrates Court constituted by a magistrate;","sortOrder":56},{"sectionNumber":"sec.37","sectionType":"section","heading":"Effect of forfeiture order on third parties","content":"### sec.37 Effect of forfeiture order on third parties\n\nWhere an application for forfeiture of property has been made under section 34 , any person who claims an estate or interest in the property may apply to the court for an order under subsection (2) .\nWhere—\na person has made an application under subsection (1) ; and\na forfeiture order has been made in respect of property, whether before or after the making of the application;\nthe court hearing the application may, if it is satisfied on the balance of probabilities that the person was not a party to the commission of the offence, make an order—\ndeclaring the nature, extent and value of the person’s estate or interest in the property (including accruing interest (if any)); and\ndeclaring that there is payable by the Crown to the person an amount equal to the value of the person’s estate or interest in the property as declared by the court pursuant to paragraph (c) .\nWhere, on application by a person, a court makes an order under subsection (2) in respect of property, the court may also, if it is satisfied—\nthat it would not be contrary to the public interest for the property to be transferred to the person; and\nthat there is no other reason why the property should not be transferred to the person;\nmake an order declaring that the person is entitled to discharge the forfeiture order as provided by section 39 .\nAn application under subsection (1) in respect of property may be made—\nat the hearing of the application for a forfeiture order in respect of the property; or\nat any time after the making of a forfeiture order in respect of the property, by a person who was not given notice by the prosecution of the making of the application for the forfeiture order and who did not appear at the hearing of the last mentioned application; or\nat any time after the making of a forfeiture order in respect of the property, if the court is satisfied that there are special grounds for permitting the making of such an application.\nWithout limiting the generality of subsection (4) (c) , special grounds for permitting the making of an application by a person under subsection (1) after the making of a forfeiture order include the following—\nthat the person was unable to appear at the hearing of the application for the forfeiture order;\nthat the person, for a good reason, did not appear at the hearing of the application for the forfeiture order;\nthat particular evidence proposed to be adduced by the person in connection with the application under subsection (1) was not available to the person at the time of the hearing of the application for the forfeiture order.\nA person who makes an application under subsection (1) in respect of property, otherwise than at the hearing of an application for a forfeiture order in respect of the property, shall give notice to the Minister of the making of the application and of the date, time and place for the hearing of the application.\ns 37 amd 2010 No. 42 s 37 sch\n(sec.37-ssec.1) Where an application for forfeiture of property has been made under section 34 , any person who claims an estate or interest in the property may apply to the court for an order under subsection (2) .\n(sec.37-ssec.2) Where— a person has made an application under subsection (1) ; and a forfeiture order has been made in respect of property, whether before or after the making of the application; the court hearing the application may, if it is satisfied on the balance of probabilities that the person was not a party to the commission of the offence, make an order— declaring the nature, extent and value of the person’s estate or interest in the property (including accruing interest (if any)); and declaring that there is payable by the Crown to the person an amount equal to the value of the person’s estate or interest in the property as declared by the court pursuant to paragraph (c) .\n(sec.37-ssec.3) Where, on application by a person, a court makes an order under subsection (2) in respect of property, the court may also, if it is satisfied— that it would not be contrary to the public interest for the property to be transferred to the person; and that there is no other reason why the property should not be transferred to the person; make an order declaring that the person is entitled to discharge the forfeiture order as provided by section 39 .\n(sec.37-ssec.4) An application under subsection (1) in respect of property may be made— at the hearing of the application for a forfeiture order in respect of the property; or at any time after the making of a forfeiture order in respect of the property, by a person who was not given notice by the prosecution of the making of the application for the forfeiture order and who did not appear at the hearing of the last mentioned application; or at any time after the making of a forfeiture order in respect of the property, if the court is satisfied that there are special grounds for permitting the making of such an application.\n(sec.37-ssec.5) Without limiting the generality of subsection (4) (c) , special grounds for permitting the making of an application by a person under subsection (1) after the making of a forfeiture order include the following— that the person was unable to appear at the hearing of the application for the forfeiture order; that the person, for a good reason, did not appear at the hearing of the application for the forfeiture order; that particular evidence proposed to be adduced by the person in connection with the application under subsection (1) was not available to the person at the time of the hearing of the application for the forfeiture order.\n(sec.37-ssec.6) A person who makes an application under subsection (1) in respect of property, otherwise than at the hearing of an application for a forfeiture order in respect of the property, shall give notice to the Minister of the making of the application and of the date, time and place for the hearing of the application.\n- (a) a person has made an application under subsection (1) ; and\n- (b) a forfeiture order has been made in respect of property, whether before or after the making of the application;\n- (c) declaring the nature, extent and value of the person’s estate or interest in the property (including accruing interest (if any)); and\n- (d) declaring that there is payable by the Crown to the person an amount equal to the value of the person’s estate or interest in the property as declared by the court pursuant to paragraph (c) .\n- (a) that it would not be contrary to the public interest for the property to be transferred to the person; and\n- (b) that there is no other reason why the property should not be transferred to the person;\n- (a) at the hearing of the application for a forfeiture order in respect of the property; or\n- (b) at any time after the making of a forfeiture order in respect of the property, by a person who was not given notice by the prosecution of the making of the application for the forfeiture order and who did not appear at the hearing of the last mentioned application; or\n- (c) at any time after the making of a forfeiture order in respect of the property, if the court is satisfied that there are special grounds for permitting the making of such an application.\n- (a) that the person was unable to appear at the hearing of the application for the forfeiture order;\n- (b) that the person, for a good reason, did not appear at the hearing of the application for the forfeiture order;\n- (c) that particular evidence proposed to be adduced by the person in connection with the application under subsection (1) was not available to the person at the time of the hearing of the application for the forfeiture order.","sortOrder":57},{"sectionNumber":"sec.38","sectionType":"section","heading":"Discharge of forfeiture","content":"### sec.38 Discharge of forfeiture\n\nWhere—\nproperty has been forfeited to the Crown by order made under section 34 in reliance on the conviction of a person of an offence defined in part 2 ; and\nthat person has appealed against the conviction;\na court hearing the appeal, if it allows the appeal, may order that the forfeiture order be quashed.\nSubject to section 41 (2) , where a forfeiture order in respect of property is quashed as provided by subsection (1) or by a court hearing an appeal against the making of the forfeiture order, the person whose property it was immediately before forfeiture or the person’s legal personal representative may, by application in writing, request the Minister to return the property.\nThe Minister by certificate shall certify whether or not—\nthe property is still in specie and still vested in the Crown; or\nthe property has been disposed of or destroyed.\nWhere the Minister certifies pursuant to subsection (3) (a) , the property shall thereby divest from the Crown and vest in the applicant.\nWhere the Minister certifies pursuant to subsection (3) (b) , there is payable to the applicant by the Crown the amount specified in the forfeiture order as the value of the property.\nWhere—\na person applies to the Minister under subsection (2) for the return of property that is still vested in the Crown; and\npursuant to an order made under section 37 (2) , an amount has been paid by the Crown to another person in respect of that other person’s interest in the property;\nthen, notwithstanding subsections (4) and (5) , the Minister shall inform the first mentioned person that the property will be returned to the first mentioned person on payment to the Crown of an amount equal to the amount mentioned in paragraph (b) and, where that amount is paid to the Crown, the Minister shall arrange for the property to be returned to the first mentioned person.\nWhere—\na person applies to the Minister under subsection (2) for the return of property that is not still vested in the Crown; and\npursuant to an order made under section 37 (2) , an amount has been paid by the Crown to another person in respect of that other person’s interest in the property;\nthen, notwithstanding subsections (4) and (5) , there is payable to the first mentioned person the amount specified in the forfeiture order as the value of the property, reduced by an amount equal to the amount mentioned in paragraph (b) .\nWhere—\na person applies to the Minister under subsection (2) for the return of the property that is not still vested in the Crown; and\nthe property has been transferred to another person pursuant to section 39 (4) ;\nthere is payable to the first mentioned person the amount specified in the forfeiture order as the value of the property, reduced by the amount specified in an order made under section 37 (2) as the value of the other person’s interest in the property.\n(sec.38-ssec.1) Where— property has been forfeited to the Crown by order made under section 34 in reliance on the conviction of a person of an offence defined in part 2 ; and that person has appealed against the conviction; a court hearing the appeal, if it allows the appeal, may order that the forfeiture order be quashed.\n(sec.38-ssec.2) Subject to section 41 (2) , where a forfeiture order in respect of property is quashed as provided by subsection (1) or by a court hearing an appeal against the making of the forfeiture order, the person whose property it was immediately before forfeiture or the person’s legal personal representative may, by application in writing, request the Minister to return the property.\n(sec.38-ssec.3) The Minister by certificate shall certify whether or not— the property is still in specie and still vested in the Crown; or the property has been disposed of or destroyed.\n(sec.38-ssec.4) Where the Minister certifies pursuant to subsection (3) (a) , the property shall thereby divest from the Crown and vest in the applicant.\n(sec.38-ssec.5) Where the Minister certifies pursuant to subsection (3) (b) , there is payable to the applicant by the Crown the amount specified in the forfeiture order as the value of the property.\n(sec.38-ssec.6) Where— a person applies to the Minister under subsection (2) for the return of property that is still vested in the Crown; and pursuant to an order made under section 37 (2) , an amount has been paid by the Crown to another person in respect of that other person’s interest in the property; then, notwithstanding subsections (4) and (5) , the Minister shall inform the first mentioned person that the property will be returned to the first mentioned person on payment to the Crown of an amount equal to the amount mentioned in paragraph (b) and, where that amount is paid to the Crown, the Minister shall arrange for the property to be returned to the first mentioned person.\n(sec.38-ssec.7) Where— a person applies to the Minister under subsection (2) for the return of property that is not still vested in the Crown; and pursuant to an order made under section 37 (2) , an amount has been paid by the Crown to another person in respect of that other person’s interest in the property; then, notwithstanding subsections (4) and (5) , there is payable to the first mentioned person the amount specified in the forfeiture order as the value of the property, reduced by an amount equal to the amount mentioned in paragraph (b) .\n(sec.38-ssec.8) Where— a person applies to the Minister under subsection (2) for the return of the property that is not still vested in the Crown; and the property has been transferred to another person pursuant to section 39 (4) ; there is payable to the first mentioned person the amount specified in the forfeiture order as the value of the property, reduced by the amount specified in an order made under section 37 (2) as the value of the other person’s interest in the property.\n- (a) property has been forfeited to the Crown by order made under section 34 in reliance on the conviction of a person of an offence defined in part 2 ; and\n- (b) that person has appealed against the conviction;\n- (a) the property is still in specie and still vested in the Crown; or\n- (b) the property has been disposed of or destroyed.\n- (a) a person applies to the Minister under subsection (2) for the return of property that is still vested in the Crown; and\n- (b) pursuant to an order made under section 37 (2) , an amount has been paid by the Crown to another person in respect of that other person’s interest in the property;\n- (a) a person applies to the Minister under subsection (2) for the return of property that is not still vested in the Crown; and\n- (b) pursuant to an order made under section 37 (2) , an amount has been paid by the Crown to another person in respect of that other person’s interest in the property;\n- (a) a person applies to the Minister under subsection (2) for the return of the property that is not still vested in the Crown; and\n- (b) the property has been transferred to another person pursuant to section 39 (4) ;","sortOrder":58},{"sectionNumber":"sec.39","sectionType":"section","heading":"Discharge of forfeiture order by payment to Crown","content":"### sec.39 Discharge of forfeiture order by payment to Crown\n\nWhere a court that has made a forfeiture order in respect of property makes an order under section 34 (4) in respect of the forfeiture order, the payment to the Crown, while the property is still vested in the Crown, of the amount specified in the forfeiture order as the value of the property operates to discharge the forfeiture order.\nWhere—\na forfeiture order has been made in respect of property; and\non application by a person, a court makes an order under section 37 (2) in respect of the property and an order under section 37 (3) in respect of the forfeiture order;\nthe person may, while the property is still vested in the Crown pay to the Crown—\nif the Crown has already made a payment to the person in accordance with the order made under section 37 (2) —the amount specified in the forfeiture order as to the value of the property; or\nin any other case—the amount specified in the forfeiture order as the value of the property, reduced by the amount specified in the order made under section 37 (2) as the value of the person’s interest in the property;\nand the making of that payment by the person operates to discharge the forfeiture order.\nWhere a forfeiture order in respect of property is discharged as provided by subsection (1) , the Minister shall arrange for the property to be returned to the person in whom it was vested immediately before the making of the forfeiture order.\nWhere a forfeiture order in respect of property is discharged as provided by subsection (2) , the Minister shall arrange for the property to be transferred to the person who made the payment to the Crown in accordance with that subsection.\n(sec.39-ssec.1) Where a court that has made a forfeiture order in respect of property makes an order under section 34 (4) in respect of the forfeiture order, the payment to the Crown, while the property is still vested in the Crown, of the amount specified in the forfeiture order as the value of the property operates to discharge the forfeiture order.\n(sec.39-ssec.2) Where— a forfeiture order has been made in respect of property; and on application by a person, a court makes an order under section 37 (2) in respect of the property and an order under section 37 (3) in respect of the forfeiture order; the person may, while the property is still vested in the Crown pay to the Crown— if the Crown has already made a payment to the person in accordance with the order made under section 37 (2) —the amount specified in the forfeiture order as to the value of the property; or in any other case—the amount specified in the forfeiture order as the value of the property, reduced by the amount specified in the order made under section 37 (2) as the value of the person’s interest in the property; and the making of that payment by the person operates to discharge the forfeiture order.\n(sec.39-ssec.3) Where a forfeiture order in respect of property is discharged as provided by subsection (1) , the Minister shall arrange for the property to be returned to the person in whom it was vested immediately before the making of the forfeiture order.\n(sec.39-ssec.4) Where a forfeiture order in respect of property is discharged as provided by subsection (2) , the Minister shall arrange for the property to be transferred to the person who made the payment to the Crown in accordance with that subsection.\n- (a) a forfeiture order has been made in respect of property; and\n- (b) on application by a person, a court makes an order under section 37 (2) in respect of the property and an order under section 37 (3) in respect of the forfeiture order;\n- (c) if the Crown has already made a payment to the person in accordance with the order made under section 37 (2) —the amount specified in the forfeiture order as to the value of the property; or\n- (d) in any other case—the amount specified in the forfeiture order as the value of the property, reduced by the amount specified in the order made under section 37 (2) as the value of the person’s interest in the property;","sortOrder":59},{"sectionNumber":"sec.40","sectionType":"section","heading":"Certain instruments exempt from fees","content":"### sec.40 Certain instruments exempt from fees\n\nWhere it is necessary to make any instrument or to correct registers kept in respect of property transferred from the Crown or, as the case may be, the public trustee, no fees shall be payable in respect of the instrument in any office in which such registers are kept.\ns 40 amd 2001 No. 71 s 551 sch 1","sortOrder":60},{"sectionNumber":"sec.41","sectionType":"section","heading":"Restraining order","content":"### sec.41 Restraining order\n\nWhere a court is satisfied, upon application made to it—\nthat property may be liable to forfeiture in consequence of the commission of an offence defined in part 2 ; and\nthat proceedings have been, or are about to be, commenced against a person in respect of such offence;\nit may make a restraining order in respect of that property, and such other ancillary order as it thinks fit.\nWhere a court hearing an appeal quashes a forfeiture order it may make a restraining order in respect of the property to which the order relates, and such other ancillary order as it thinks fit.\nUpon the making of a restraining order—\nthe management and control of the property to which it relates shall pass to the person named in the order as manager of the property and remain in that person while the order remains in force; and\nthe person whose property it is is incompetent in law to pass title of property to which it relates while the order remains in force; and\na person who holds property to which it relates on account of the person whose property it is shall hold that property on account of the person named in the order as manager of the property while the order remains in force and shall deal with that property as directed by the manager.\nThe manager named in a restraining order is empowered to deal with and dispose of property of which he or she is manager in and for the purposes of the management as if the manager were the absolute owner thereof subject always to the manager being prudent and diligent in the management thereof and to the manager complying with conditions specified in the order as regulating the management thereof.\nWhere a restraining order has been made the applicant therefor shall cause a copy of the order to be given to every person who, to the applicant’s knowledge, is holding property affected by the order on account of the person to whose property the order relates.\nIn the case of property held by a financial institution or body corporate it shall be sufficient compliance with subsection (5) if a copy of the order is given to the manager, branch manager or other person charged with the control of the property on account of the person to whose property the order relates and a copy of an order so given, or given to any other person who is holding property to which the order relates shall be deemed to have been given to every person employed in the service of that financial institution, body corporate or such last mentioned other person.\nA person—\nto whose property a restraining order relates; or\nto whom a copy of a restraining order has been given or is deemed to have been given;\nshall not attempt to do or purport to do any act in disobedience to or wilful disregard of the order, while it remains in force.\nA person who contravenes subsection (6) in respect to an order made by a magistrate commits an offence against this Act.\nMaximum penalty—2 years imprisonment.\nA person who contravenes subsection (6) in respect to an order made by a judge is guilty of a crime.\nMaximum penalty—5 years imprisonment.\nUpon production of a copy of a restraining order made under this section, the registrar of titles and any other person charged with the keeping of registers relating to property referred to in the order shall not register any dealing with respect to that property until the order has been revoked or discharged.\ns 41 amd 1988 No. 88 s 3 sch 1 ; 1995 No. 18 s 3 sch ; 1997 No. 17 s 74 sch ; 2010 No. 42 s 37 sch\n(sec.41-ssec.1) Where a court is satisfied, upon application made to it— that property may be liable to forfeiture in consequence of the commission of an offence defined in part 2 ; and that proceedings have been, or are about to be, commenced against a person in respect of such offence; it may make a restraining order in respect of that property, and such other ancillary order as it thinks fit.\n(sec.41-ssec.2) Where a court hearing an appeal quashes a forfeiture order it may make a restraining order in respect of the property to which the order relates, and such other ancillary order as it thinks fit.\n(sec.41-ssec.3) Upon the making of a restraining order— the management and control of the property to which it relates shall pass to the person named in the order as manager of the property and remain in that person while the order remains in force; and the person whose property it is is incompetent in law to pass title of property to which it relates while the order remains in force; and a person who holds property to which it relates on account of the person whose property it is shall hold that property on account of the person named in the order as manager of the property while the order remains in force and shall deal with that property as directed by the manager.\n(sec.41-ssec.4) The manager named in a restraining order is empowered to deal with and dispose of property of which he or she is manager in and for the purposes of the management as if the manager were the absolute owner thereof subject always to the manager being prudent and diligent in the management thereof and to the manager complying with conditions specified in the order as regulating the management thereof.\n(sec.41-ssec.5) Where a restraining order has been made the applicant therefor shall cause a copy of the order to be given to every person who, to the applicant’s knowledge, is holding property affected by the order on account of the person to whose property the order relates.\n(sec.41-ssec.5A) In the case of property held by a financial institution or body corporate it shall be sufficient compliance with subsection (5) if a copy of the order is given to the manager, branch manager or other person charged with the control of the property on account of the person to whose property the order relates and a copy of an order so given, or given to any other person who is holding property to which the order relates shall be deemed to have been given to every person employed in the service of that financial institution, body corporate or such last mentioned other person.\n(sec.41-ssec.6) A person— to whose property a restraining order relates; or to whom a copy of a restraining order has been given or is deemed to have been given; shall not attempt to do or purport to do any act in disobedience to or wilful disregard of the order, while it remains in force.\n(sec.41-ssec.7) A person who contravenes subsection (6) in respect to an order made by a magistrate commits an offence against this Act. Maximum penalty—2 years imprisonment.\n(sec.41-ssec.8) A person who contravenes subsection (6) in respect to an order made by a judge is guilty of a crime. Maximum penalty—5 years imprisonment.\n(sec.41-ssec.9) Upon production of a copy of a restraining order made under this section, the registrar of titles and any other person charged with the keeping of registers relating to property referred to in the order shall not register any dealing with respect to that property until the order has been revoked or discharged.\n- (a) that property may be liable to forfeiture in consequence of the commission of an offence defined in part 2 ; and\n- (b) that proceedings have been, or are about to be, commenced against a person in respect of such offence;\n- (a) the management and control of the property to which it relates shall pass to the person named in the order as manager of the property and remain in that person while the order remains in force; and\n- (b) the person whose property it is is incompetent in law to pass title of property to which it relates while the order remains in force; and\n- (c) a person who holds property to which it relates on account of the person whose property it is shall hold that property on account of the person named in the order as manager of the property while the order remains in force and shall deal with that property as directed by the manager.\n- (a) to whose property a restraining order relates; or\n- (b) to whom a copy of a restraining order has been given or is deemed to have been given;","sortOrder":61},{"sectionNumber":"sec.42","sectionType":"section","heading":"Procedure upon application for restraining order","content":"### sec.42 Procedure upon application for restraining order\n\nUpon an application for a restraining order, the court may require notice of the application to be given to such person as it considers should be informed of the proceedings.\nEvery person to whom notice of an application has been given shall be entitled to be heard with respect to the matter of the application.\nWhere notice of an application is given to a person in respect of whose property a restraining order is sought or to a financial institution or other person holding property on account of a person in respect of whose property a restraining order is sought, the notice shall have effect as if it were a copy of a restraining order duly made in respect of that person’s property, until the matter of the application has been disposed of.\ns 42 amd 1997 No. 17 s 74 sch\n(sec.42-ssec.1) Upon an application for a restraining order, the court may require notice of the application to be given to such person as it considers should be informed of the proceedings.\n(sec.42-ssec.2) Every person to whom notice of an application has been given shall be entitled to be heard with respect to the matter of the application.\n(sec.42-ssec.3) Where notice of an application is given to a person in respect of whose property a restraining order is sought or to a financial institution or other person holding property on account of a person in respect of whose property a restraining order is sought, the notice shall have effect as if it were a copy of a restraining order duly made in respect of that person’s property, until the matter of the application has been disposed of.","sortOrder":62},{"sectionNumber":"sec.43","sectionType":"section","heading":"Variation, revocation, discharge of order","content":"### sec.43 Variation, revocation, discharge of order\n\nA restraining order made under section 41 (1) is discharged—\nif at the expiration of the period ordered by the court in that regard, proceedings against a person have not been commenced in respect of an offence defined in part 2 ; or\nupon the making of a forfeiture order in respect of property to which the restraining order relates; or\nif the person charged with committing the offence, by reason of which charge the restraining order was made, has been acquitted of the charge or the charge has been withdrawn; or\nif the person charged with committing the offence, by reason of which the restraining order was made, having been convicted of the charge, has had his or her conviction quashed on appeal, unless the court hearing the appeal otherwise orders.\nA restraining order made under section 41 (1) or (2) may, upon application made to a court of like jurisdiction to the court that made the order, be varied or revoked at any time for any reason appearing to the court to be sufficient.\nUpon an application for revocation of a restraining order, the applicant shall cause notice of the application to be given to—\nthe manager of property to which the restraining order relates; and\nsuch other person as the court considers should be informed of the proceedings;\nand the manager and such other person shall be entitled to be heard with respect to the matter of the application.\ns 43 amd 2010 No. 42 s 37 sch\n(sec.43-ssec.1) A restraining order made under section 41 (1) is discharged— if at the expiration of the period ordered by the court in that regard, proceedings against a person have not been commenced in respect of an offence defined in part 2 ; or upon the making of a forfeiture order in respect of property to which the restraining order relates; or if the person charged with committing the offence, by reason of which charge the restraining order was made, has been acquitted of the charge or the charge has been withdrawn; or if the person charged with committing the offence, by reason of which the restraining order was made, having been convicted of the charge, has had his or her conviction quashed on appeal, unless the court hearing the appeal otherwise orders.\n(sec.43-ssec.2) A restraining order made under section 41 (1) or (2) may, upon application made to a court of like jurisdiction to the court that made the order, be varied or revoked at any time for any reason appearing to the court to be sufficient.\n(sec.43-ssec.3) Upon an application for revocation of a restraining order, the applicant shall cause notice of the application to be given to— the manager of property to which the restraining order relates; and such other person as the court considers should be informed of the proceedings; and the manager and such other person shall be entitled to be heard with respect to the matter of the application.\n- (a) if at the expiration of the period ordered by the court in that regard, proceedings against a person have not been commenced in respect of an offence defined in part 2 ; or\n- (b) upon the making of a forfeiture order in respect of property to which the restraining order relates; or\n- (c) if the person charged with committing the offence, by reason of which charge the restraining order was made, has been acquitted of the charge or the charge has been withdrawn; or\n- (d) if the person charged with committing the offence, by reason of which the restraining order was made, having been convicted of the charge, has had his or her conviction quashed on appeal, unless the court hearing the appeal otherwise orders.\n- (a) the manager of property to which the restraining order relates; and\n- (b) such other person as the court considers should be informed of the proceedings;","sortOrder":63},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Information requirements for controlled substances and controlled things","content":"# Information requirements for controlled substances and controlled things","sortOrder":64},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Definitions","content":"### sec.43A Definitions\n\nIn this part—\nauthorised officer ...\ns 43A def authorised officer sub 2000 No. 5 s 373 sch 2\nom 2000 No. 28 s 15 (1)\nchief executive for health ...\ns 43A def chief executive for health ins 1996 No. 61 s 15 sch\nreloc to s 4 2000 No. 28 s 15 (2)\ncontrolled substance ...\ns 43A def controlled substance amd 1996 No. 49 s 10\nreloc to s 4 2000 No. 28 s 15 (2)\ncontrolled thing means a thing specified in the Drugs Misuse Regulation 1987 , schedule 8B .\ns 43A def controlled thing ins 2008 No. 4 s 19\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\nobstruct includes hinder, resist and attempt to obstruct.\nofficial identity card ...\ns 43A def official identity card amd 1996 No. 61 s 15 sch ; 2000 No. 5 s 373 sch 2\nom 2000 No. 28 s 15 (1)\nprescribed documents means the documents prescribed by regulation mentioned in section 43D (1) .\nregister means the register mentioned in section 43D (1) (c) .\nrelevant transaction see section 43C .\nsupply means give, distribute, sell or supply.\ns 43A ins 1995 No. 18 s 5","sortOrder":65},{"sectionNumber":"sec.43B","sectionType":"section","heading":"Application of part","content":"### sec.43B Application of part\n\nThis part applies to the supply of a controlled substance, or a controlled thing, under a relevant transaction.\ns 43B ins 1995 No. 18 s 5\namd 2008 No. 4 s 20","sortOrder":66},{"sectionNumber":"sec.43C","sectionType":"section","heading":"What is a relevant transaction","content":"### sec.43C What is a relevant transaction\n\nA relevant transaction for the supply of a controlled substance or a controlled thing is—\na transaction for the supply of the substance or thing by a person to anyone else in the ordinary course of the person’s business; or\nanother act, prescribed by regulation, by which the substance or thing is supplied.\ns 43C ins 1995 No. 18 s 5\namd 2008 No. 4 s 21\n- (a) a transaction for the supply of the substance or thing by a person to anyone else in the ordinary course of the person’s business; or\n- (b) another act, prescribed by regulation, by which the substance or thing is supplied.","sortOrder":67},{"sectionNumber":"sec.43D","sectionType":"section","heading":"Requirements for supply of controlled substance or controlled thing under relevant transactions","content":"### sec.43D Requirements for supply of controlled substance or controlled thing under relevant transactions\n\nA person who supplies a controlled substance, or controlled thing, under a relevant transaction to anyone else (a recipient ) must—\nobtain, as prescribed by regulation, from the recipient the documents, including the evidence of the recipient’s identity, prescribed by regulation; and\nkeep, as prescribed by regulation—\nthe documents mentioned in paragraph (a) ; and\nany other document about the supply of the controlled substance, or controlled thing, under the relevant transaction; and\nkeep, as prescribed by regulation, a relevant transactions register (a register ) showing the details of—\nthe relevant transactions; and\nif the person has to report the loss or theft of a controlled substance, or controlled thing, under section 43E —the reporting of the loss or theft to a police officer; and\ngive, as prescribed by regulation, to the commissioner of the police service the documents mentioned in paragraph (a) or (b) prescribed by regulation.\nMaximum penalty—\nfor a first offence—20 penalty units; or\nfor a second or later offence—40 penalty units.\nThis section applies subject to section 43F , which deals with the liability of employees.\ns 43D ins 1995 No. 18 s 5\namd 2008 No. 4 s 22\n(sec.43D-ssec.1) A person who supplies a controlled substance, or controlled thing, under a relevant transaction to anyone else (a recipient ) must— obtain, as prescribed by regulation, from the recipient the documents, including the evidence of the recipient’s identity, prescribed by regulation; and keep, as prescribed by regulation— the documents mentioned in paragraph (a) ; and any other document about the supply of the controlled substance, or controlled thing, under the relevant transaction; and keep, as prescribed by regulation, a relevant transactions register (a register ) showing the details of— the relevant transactions; and if the person has to report the loss or theft of a controlled substance, or controlled thing, under section 43E —the reporting of the loss or theft to a police officer; and give, as prescribed by regulation, to the commissioner of the police service the documents mentioned in paragraph (a) or (b) prescribed by regulation. Maximum penalty— for a first offence—20 penalty units; or for a second or later offence—40 penalty units.\n(sec.43D-ssec.2) This section applies subject to section 43F , which deals with the liability of employees.\n- (a) obtain, as prescribed by regulation, from the recipient the documents, including the evidence of the recipient’s identity, prescribed by regulation; and\n- (b) keep, as prescribed by regulation— (i) the documents mentioned in paragraph (a) ; and (ii) any other document about the supply of the controlled substance, or controlled thing, under the relevant transaction; and\n- (i) the documents mentioned in paragraph (a) ; and\n- (ii) any other document about the supply of the controlled substance, or controlled thing, under the relevant transaction; and\n- (c) keep, as prescribed by regulation, a relevant transactions register (a register ) showing the details of— (i) the relevant transactions; and (ii) if the person has to report the loss or theft of a controlled substance, or controlled thing, under section 43E —the reporting of the loss or theft to a police officer; and\n- (i) the relevant transactions; and\n- (ii) if the person has to report the loss or theft of a controlled substance, or controlled thing, under section 43E —the reporting of the loss or theft to a police officer; and\n- (d) give, as prescribed by regulation, to the commissioner of the police service the documents mentioned in paragraph (a) or (b) prescribed by regulation.\n- (i) the documents mentioned in paragraph (a) ; and\n- (ii) any other document about the supply of the controlled substance, or controlled thing, under the relevant transaction; and\n- (i) the relevant transactions; and\n- (ii) if the person has to report the loss or theft of a controlled substance, or controlled thing, under section 43E —the reporting of the loss or theft to a police officer; and\n- (a) for a first offence—20 penalty units; or\n- (b) for a second or later offence—40 penalty units.","sortOrder":68},{"sectionNumber":"sec.43E","sectionType":"section","heading":"Requirement to report loss or theft of controlled substance or controlled thing","content":"### sec.43E Requirement to report loss or theft of controlled substance or controlled thing\n\nThis section applies to a person who—\nowns a controlled substance or controlled thing; or\nhas possession of a controlled substance or controlled thing for the purpose of supplying the substance or thing under a relevant transaction.\nIf the substance or thing is lost or stolen, the person must report the loss or theft of the substance or thing to a police officer within 2 days after the person finds out about it.\nMaximum penalty—\nfor a first offence—20 penalty units; or\nfor a second or later offence—40 penalty units.\nThis section applies subject to section 43F , which deals with the liability of employees.\ns 43E ins 1995 No. 18 s 5\namd 2008 No. 4 s 23\n(sec.43E-ssec.1) This section applies to a person who— owns a controlled substance or controlled thing; or has possession of a controlled substance or controlled thing for the purpose of supplying the substance or thing under a relevant transaction.\n(sec.43E-ssec.2) If the substance or thing is lost or stolen, the person must report the loss or theft of the substance or thing to a police officer within 2 days after the person finds out about it. Maximum penalty— for a first offence—20 penalty units; or for a second or later offence—40 penalty units.\n(sec.43E-ssec.3) This section applies subject to section 43F , which deals with the liability of employees.\n- (a) owns a controlled substance or controlled thing; or\n- (b) has possession of a controlled substance or controlled thing for the purpose of supplying the substance or thing under a relevant transaction.\n- (a) for a first offence—20 penalty units; or\n- (b) for a second or later offence—40 penalty units.","sortOrder":69},{"sectionNumber":"sec.43F","sectionType":"section","heading":"Employee’s liability","content":"### sec.43F Employee’s liability\n\nIn this section—\ninformation requirements means the requirements under the following sections—\nsection 43D\nsection 43E .\nThis section applies to an employee who in the ordinary course of employment has the task of complying with the information requirements for the employee’s employer.\nIf the employee intentionally or recklessly fails to comply with the information requirements, the employee commits an offence.\nMaximum penalty—\nfor a first offence—20 penalty units; or\nfor a second or later offence—40 penalty units.\nIn a proceeding, evidence that an employee supplied, or helped in the supply of, a controlled substance or controlled thing under a relevant transaction is evidence that the employee had the task mentioned in subsection (2) .\ns 43F ins 1995 No. 18 s 5\namd 2008 No. 4 s 24\n(sec.43F-ssec.1) In this section— information requirements means the requirements under the following sections— section 43D section 43E .\n(sec.43F-ssec.2) This section applies to an employee who in the ordinary course of employment has the task of complying with the information requirements for the employee’s employer.\n(sec.43F-ssec.3) If the employee intentionally or recklessly fails to comply with the information requirements, the employee commits an offence. Maximum penalty— for a first offence—20 penalty units; or for a second or later offence—40 penalty units.\n(sec.43F-ssec.4) In a proceeding, evidence that an employee supplied, or helped in the supply of, a controlled substance or controlled thing under a relevant transaction is evidence that the employee had the task mentioned in subsection (2) .\n- • section 43D\n- • section 43E .\n- (a) for a first offence—20 penalty units; or\n- (b) for a second or later offence—40 penalty units.","sortOrder":70},{"sectionNumber":"sec.43G","sectionType":"section","heading":"False name or address","content":"### sec.43G False name or address\n\nA person must not obtain, or attempt to obtain, a controlled substance or controlled thing from someone else under a relevant transaction by giving the other person—\nan order for the supply of a controlled substance or controlled thing stating a false name or address; or\nfalse evidence of the identity of the person to be supplied.\nMaximum penalty—20 penalty units.\ns 43G ins 1995 No. 18 s 5\namd 2008 No. 4 s 25\n- (a) an order for the supply of a controlled substance or controlled thing stating a false name or address; or\n- (b) false evidence of the identity of the person to be supplied.","sortOrder":71},{"sectionNumber":"sec.43H","sectionType":"section","heading":null,"content":"### Section sec.43H\n\ns 43H ins 1995 No. 18 s 5\namd 2000 No. 5 s 373 sch 2\nsub 2000 No. 28 s 16\nom 2019 No. 26 s 287","sortOrder":72},{"sectionNumber":"sec.43I","sectionType":"section","heading":null,"content":"### Section sec.43I\n\ns 43I ins 1995 No. 18 s 5\namd 2000 No. 28 s 17 ; 2008 No. 4 s 26\nom 2019 No. 26 s 287","sortOrder":73},{"sectionNumber":"sec.43J","sectionType":"section","heading":null,"content":"### Section sec.43J\n\ns 43J ins 1995 No. 18 s 5\namd 2000 No. 28 s 18\nom 2019 No. 26 s 287","sortOrder":74},{"sectionNumber":"sec.43K","sectionType":"section","heading":null,"content":"### Section sec.43K\n\ns 43K ins 1995 No. 18 s 5\namd 2000 No. 28 s 19\nom 2019 No. 26 s 287","sortOrder":75},{"sectionNumber":"sec.43L","sectionType":"section","heading":null,"content":"### Section sec.43L\n\ns 43L ins 1995 No. 18 s 5\namd 2000 No. 28 s 20\nom 2019 No. 26 s 287","sortOrder":76},{"sectionNumber":"sec.43M","sectionType":"section","heading":null,"content":"### Section sec.43M\n\ns 43M ins 1995 No. 18 s 5\nom 2019 No. 26 s 287","sortOrder":77},{"sectionNumber":"sec.43N","sectionType":"section","heading":null,"content":"### Section sec.43N\n\ns 43N ins 1995 No. 18 s 5\nom 2019 No. 26 s 287","sortOrder":78},{"sectionNumber":"sec.43O","sectionType":"section","heading":null,"content":"### Section sec.43O\n\ns 43O ins 1995 No. 18 s 5\namd 2000 No. 28 s 21\nom 2019 No. 26 s 287","sortOrder":79},{"sectionNumber":"sec.43P","sectionType":"section","heading":null,"content":"### Section sec.43P\n\ns 43P ins 1995 No. 18 s 5\nom 2000 No. 5 s 461 sch 3\nom 2019 No. 26 s 287","sortOrder":80},{"sectionNumber":"sec.43Q","sectionType":"section","heading":null,"content":"### Section sec.43Q\n\ns 43Q ins 1995 No. 18 s 5\namd 2000 No. 5 s 373 sch 2 ; 2000 No. 28 s 22\nom 2019 No. 26 s 287","sortOrder":81},{"sectionNumber":"sec.43R","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.43R Responsibility for acts or omissions of representatives\n\nIn this section—\nrepresentative means—\nof a corporation—an executive officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\nSubsections (3) and (4) apply in a proceeding for an offence against this part.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is sufficient to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\ns 43R ins 1995 No. 18 s 5\n(sec.43R-ssec.1) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n(sec.43R-ssec.2) Subsections (3) and (4) apply in a proceeding for an offence against this part.\n(sec.43R-ssec.3) If it is relevant to prove a person’s state of mind about a particular act or omission, it is sufficient to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.43R-ssec.4) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n- (a) of a corporation—an executive officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.","sortOrder":82},{"sectionNumber":"sec.43S","sectionType":"section","heading":null,"content":"### Section sec.43S\n\ns 43S ins 1995 No. 18 s 5\nom 2013 No. 51 s 34","sortOrder":83},{"sectionNumber":"sec.43T","sectionType":"section","heading":null,"content":"### Section sec.43T\n\ns 43T ins 1995 No. 18 s 5\namd 2000 No. 28 s 23\nom 2019 No. 26 s 288","sortOrder":84},{"sectionNumber":"sec.43U","sectionType":"section","heading":"Confidentiality of information","content":"### sec.43U Confidentiality of information\n\nA person must not, directly or indirectly, disclose information obtained under section 43D to anyone else.\nMaximum penalty—20 penalty units.\nSubsection (1) does not apply to—\nan act done for the purposes of an Act; or\ngiving documents to the commissioner of the police service under section 43D (1) (d)\ndisclosure of information to a police officer to enable the police officer to perform his or her functions as a police officer; or\ndisclosure of information to a member of the staff of the Australian Crime Commission to enable the member to perform his or her functions as a member of the staff of the Australian Crime Commission; or\ndisclosure of information in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\ndisclosure of information in a way that conceals the identity of the recipient of a controlled substance or controlled thing, or if the recipient purports to obtain the substance or thing for another person, the identity of the other person.\nIn this section—\nrecipient means recipient as defined under section 43D (1) .\ns 43U prev s 43U ins 1995 No. 18 s 5\nom 2000 No. 28 s 24\npres s 43U ins 2008 No. 4 s 27\namd 2013 No. 14 s 45 ; 2019 No. 26 s 290 sch 2\n(sec.43U-ssec.1) A person must not, directly or indirectly, disclose information obtained under section 43D to anyone else. Maximum penalty—20 penalty units.\n(sec.43U-ssec.2) Subsection (1) does not apply to— an act done for the purposes of an Act; or giving documents to the commissioner of the police service under section 43D (1) (d) disclosure of information to a police officer to enable the police officer to perform his or her functions as a police officer; or disclosure of information to a member of the staff of the Australian Crime Commission to enable the member to perform his or her functions as a member of the staff of the Australian Crime Commission; or disclosure of information in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or disclosure of information in a way that conceals the identity of the recipient of a controlled substance or controlled thing, or if the recipient purports to obtain the substance or thing for another person, the identity of the other person.\n(sec.43U-ssec.3) In this section— recipient means recipient as defined under section 43D (1) .\n- (a) an act done for the purposes of an Act; or Example— giving documents to the commissioner of the police service under section 43D (1) (d)\n- (b) disclosure of information to a police officer to enable the police officer to perform his or her functions as a police officer; or\n- (c) disclosure of information to a member of the staff of the Australian Crime Commission to enable the member to perform his or her functions as a member of the staff of the Australian Crime Commission; or\n- (d) disclosure of information in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (e) disclosure of information in a way that conceals the identity of the recipient of a controlled substance or controlled thing, or if the recipient purports to obtain the substance or thing for another person, the identity of the other person.","sortOrder":85},{"sectionNumber":"sec.43V","sectionType":"section","heading":null,"content":"### Section sec.43V\n\ns 43V ins 1995 No. 18 s 5\namd 1999 No. 19 s 3 sch\nom 2000 No. 28 s 24","sortOrder":86},{"sectionNumber":"pt.5B","sectionType":"part","heading":"Commercial production of industrial cannabis","content":"# Commercial production of industrial cannabis","sortOrder":87},{"sectionNumber":"pt.5B-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":88},{"sectionNumber":"sec.43W","sectionType":"section","heading":null,"content":"### Section sec.43W\n\ns 43W ins 1998 No. 19 s 19\nom 2002 No. 35 s 7","sortOrder":89},{"sectionNumber":"sec.43X","sectionType":"section","heading":null,"content":"### Section sec.43X\n\ns 43X ins 1998 No. 19 s 19\nom 2002 No. 35 s 7","sortOrder":90},{"sectionNumber":"sec.43Y","sectionType":"section","heading":null,"content":"### Section sec.43Y\n\ns 43Y ins 1998 No. 19 s 19\nom 2002 No. 35 s 7","sortOrder":91},{"sectionNumber":"sec.44","sectionType":"section","heading":"Object of pt 5B","content":"### sec.44 Object of pt 5B\n\nThe object of this part is to facilitate—\nthe processing and marketing of, and trade in, industrial cannabis fibre and fibre products; and\nthe processing and marketing of, and trade in, industrial cannabis seed and seed products for purposes that—\ninclude supplying industrial cannabis seed to people who hold cannabis research licences or medicinal cannabis licences under the Narcotic Drugs Act 1967 (Cwlth) to use as allowed under that Act; but\notherwise, do not include, directly or indirectly, producing anything for administration to, or smoking by, a person.\nIn this section—\nadministration , of industrial cannabis seed or seed product, means administration, by any means, for any purpose that includes the alteration of a person’s behaviour, mood or perception.\ninjection by syringe or inhalation of a vapour\ns 44 ins 2002 No. 35 s 7\namd 2017 No. 7 s 117 ; 2018 No. 5 s 98\n(sec.44-ssec.1) The object of this part is to facilitate— the processing and marketing of, and trade in, industrial cannabis fibre and fibre products; and the processing and marketing of, and trade in, industrial cannabis seed and seed products for purposes that— include supplying industrial cannabis seed to people who hold cannabis research licences or medicinal cannabis licences under the Narcotic Drugs Act 1967 (Cwlth) to use as allowed under that Act; but otherwise, do not include, directly or indirectly, producing anything for administration to, or smoking by, a person.\n(sec.44-ssec.2) In this section— administration , of industrial cannabis seed or seed product, means administration, by any means, for any purpose that includes the alteration of a person’s behaviour, mood or perception. injection by syringe or inhalation of a vapour\n- (a) the processing and marketing of, and trade in, industrial cannabis fibre and fibre products; and\n- (b) the processing and marketing of, and trade in, industrial cannabis seed and seed products for purposes that— (i) include supplying industrial cannabis seed to people who hold cannabis research licences or medicinal cannabis licences under the Narcotic Drugs Act 1967 (Cwlth) to use as allowed under that Act; but (ii) otherwise, do not include, directly or indirectly, producing anything for administration to, or smoking by, a person.\n- (i) include supplying industrial cannabis seed to people who hold cannabis research licences or medicinal cannabis licences under the Narcotic Drugs Act 1967 (Cwlth) to use as allowed under that Act; but\n- (ii) otherwise, do not include, directly or indirectly, producing anything for administration to, or smoking by, a person.\n- (i) include supplying industrial cannabis seed to people who hold cannabis research licences or medicinal cannabis licences under the Narcotic Drugs Act 1967 (Cwlth) to use as allowed under that Act; but\n- (ii) otherwise, do not include, directly or indirectly, producing anything for administration to, or smoking by, a person.","sortOrder":92},{"sectionNumber":"sec.45","sectionType":"section","heading":"Ways of achieving part’s objects","content":"### sec.45 Ways of achieving part’s objects\n\nThe ways of achieving this part’s objects include enabling the following activities to be carried out under controlled conditions—\ncommercial production of industrial cannabis fibre and seed;\nresearch into the use of industrial cannabis as a commercial fibre and seed crop;\nfield trials using fertilisers or irrigation and different planting rates\nplant breeding programs using class A or class B research cannabis plants and seed, but only for developing new or improved strains of cannabis for use by growers for the commercial production of industrial cannabis fibre and seed.\nAnother way of achieving this part’s objects is to enable research to be carried out into—\nhow cannabis seed may be denatured; and\nhow processed cannabis may be used.\ns 45 ins 2002 No. 35 s 7\n(sec.45-ssec.1) The ways of achieving this part’s objects include enabling the following activities to be carried out under controlled conditions— commercial production of industrial cannabis fibre and seed; research into the use of industrial cannabis as a commercial fibre and seed crop; field trials using fertilisers or irrigation and different planting rates plant breeding programs using class A or class B research cannabis plants and seed, but only for developing new or improved strains of cannabis for use by growers for the commercial production of industrial cannabis fibre and seed.\n(sec.45-ssec.2) Another way of achieving this part’s objects is to enable research to be carried out into— how cannabis seed may be denatured; and how processed cannabis may be used.\n- (a) commercial production of industrial cannabis fibre and seed;\n- (b) research into the use of industrial cannabis as a commercial fibre and seed crop; Example of research for paragraph (b) — field trials using fertilisers or irrigation and different planting rates\n- (c) plant breeding programs using class A or class B research cannabis plants and seed, but only for developing new or improved strains of cannabis for use by growers for the commercial production of industrial cannabis fibre and seed.\n- (a) how cannabis seed may be denatured; and\n- (b) how processed cannabis may be used.","sortOrder":93},{"sectionNumber":"sec.46","sectionType":"section","heading":"Definitions for pt 5B","content":"### sec.46 Definitions for pt 5B\n\nIn this part—\naffected by bankruptcy action ...\ns 46 def affected by bankruptcy action om 2018 No. 5 s 99 (1)\ncannabis means Cannabis sativa .\ncategory 1 researcher ...\ns 46 def category 1 researcher om 2018 No. 5 s 117 (1)\ncategory 1 researcher licence ...\ns 46 def category 1 researcher licence om 2018 No. 5 s 117 (1)\ncategory 2 researcher ...\ns 46 def category 2 researcher om 2018 No. 5 s 117 (1)\ncategory 2 researcher licence ...\ns 46 def category 2 researcher licence om 2018 No. 5 s 117 (1)\ncertified cannabis seed ...\ns 46 def certified cannabis seed amd 2010 No. 42 s 37 sch\nom 2018 No. 5 s 117 (1)\nclass A research cannabis plant means a cannabis plant that has a THC concentration in its leaves and flowering heads of 3% or more.\nclass A research cannabis seed means—\nseed harvested from a class A research cannabis plant; or\nseed that, if grown, will produce a class A research cannabis plant.\nclass B research cannabis plant means a cannabis plant that has a THC concentration in its leaves and flowering heads of more than 1% but less than 3%.\nclass B research cannabis seed means—\nseed harvested from a class B research cannabis plant; or\nseed that, if grown, will produce a class B research cannabis plant.\nclose associate , of an applicant or licensee, means any of the following—\na person who—\nholds or will hold any relevant financial interest in the business of the applicant or licensee; and\nbecause of the interest, is or will be able to exercise a significant influence over or in relation to the conduct of that business;\na person who—\nis or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee; and\nbecause of the power, is or will be able to exercise a significant influence over or in relation to the conduct of that business;\na person who holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the applicant or licensee.\ncompliance notice see section 110A (2) .\ns 46 def compliance notice ins 2018 No. 5 s 99 (2)\nconvicted ...\ns 46 def convicted om 2018 No. 5 s 99 (1)\ncriminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 .\ndenatured , for seed harvested from industrial cannabis plants, means that the seed will not grow because it has been cracked, de-hulled, heated, or treated in another way that prevents growth.\nexecutive officer , of a corporation, means any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned, or takes part, in the management of the corporation.\ngrower means a person who holds a grower licence that is in force.\ngrower licence means a grower licence issued under section 49 .\nindustrial cannabis fibre means fibre from industrial cannabis plants.\nindustrial cannabis plant means a cannabis plant with a THC concentration in its leaves and flowering heads of not more than 1%.\nindustrial cannabis seed means—\ncannabis seed harvested from an industrial cannabis plant; or\nplanting seed.\ns 46 def industrial cannabis seed amd 2018 No. 5 s 117 (3)\ninformation notice means a notice complying with the QCAT Act , section 157 (2) .\ns 46 def information notice sub 2009 No. 24 s 424\ninspector means a person appointed under this part as an inspector.\nlicence means a licence issued under section 49 .\nlicensee means the holder of a licence that is in force.\nplanting seed means cannabis seed that is, in accordance with a regulation, taken to have been harvested from a cannabis plant with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%.\ns 46 def planting seed ins 2018 No. 5 s 117 (2)\nprescribed photograph , of a person, means a recent colour photograph of the person of a size prescribed under a regulation and certified as a photograph of the person in the way prescribed under a regulation.\ns 46 def prescribed photograph ins 2006 No. 48 s 23\nprocessed cannabis means—\nindustrial cannabis plants that—\nhave been harvested or chemically or mechanically treated or artificially treated in another way; and\nhave no leaf, flowers or seed; or\nseed from industrial cannabis plants grown by a holder of a grower licence under part 5B and denatured—\non the place stated in the licence; or\nby a seed handler.\ns 46 def processed cannabis amd 2018 No. 5 s 117 (4)\nrelevant authority means—\na licence; or\nan authority under section 48 .\ns 46 def relevant authority ins 2018 No. 5 s 99 (2)\nrelevant position , in relation to a business, means a position whose holder participates in the management of the business (whether in the capacity of a director, manager or secretary or in another capacity).\nrelevant power , in relation to a business, means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—\nto participate in any managerial or executive decision for the business; or\nto elect or appoint any person to any relevant position in the business.\nresearcher means a person who holds a researcher licence that is in force.\ns 46 def researcher ins 2018 No. 5 s 117 (2)\nresearcher licence means a researcher licence issued under section 49 .\ns 46 def researcher licence ins 2018 No. 5 s 117 (2)\nseed handler means a person who holds a seed handler licence that is in force.\ns 46 def seed handler ins 2018 No. 5 s 117 (2)\nseed handler licence means a seed handler licence issued under section 49 .\ns 46 def seed handler licence ins 2018 No. 5 s 117 (2)\nserious offence ...\ns 46 def serious offence amd 2013 No. 14 s 46\nom 2018 No. 5 s 99 (1)\ns 46 ins 2002 No. 35 s 7\n- (a) seed harvested from a class A research cannabis plant; or\n- (b) seed that, if grown, will produce a class A research cannabis plant.\n- (a) seed harvested from a class B research cannabis plant; or\n- (b) seed that, if grown, will produce a class B research cannabis plant.\n- (a) a person who— (i) holds or will hold any relevant financial interest in the business of the applicant or licensee; and (ii) because of the interest, is or will be able to exercise a significant influence over or in relation to the conduct of that business;\n- (i) holds or will hold any relevant financial interest in the business of the applicant or licensee; and\n- (ii) because of the interest, is or will be able to exercise a significant influence over or in relation to the conduct of that business;\n- (b) a person who— (i) is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee; and (ii) because of the power, is or will be able to exercise a significant influence over or in relation to the conduct of that business;\n- (i) is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee; and\n- (ii) because of the power, is or will be able to exercise a significant influence over or in relation to the conduct of that business;\n- (c) a person who holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the applicant or licensee.\n- (i) holds or will hold any relevant financial interest in the business of the applicant or licensee; and\n- (ii) because of the interest, is or will be able to exercise a significant influence over or in relation to the conduct of that business;\n- (i) is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee; and\n- (ii) because of the power, is or will be able to exercise a significant influence over or in relation to the conduct of that business;\n- (a) cannabis seed harvested from an industrial cannabis plant; or\n- (b) planting seed.\n- (a) industrial cannabis plants that— (i) have been harvested or chemically or mechanically treated or artificially treated in another way; and (ii) have no leaf, flowers or seed; or\n- (i) have been harvested or chemically or mechanically treated or artificially treated in another way; and\n- (ii) have no leaf, flowers or seed; or\n- (b) seed from industrial cannabis plants grown by a holder of a grower licence under part 5B and denatured— (i) on the place stated in the licence; or (ii) by a seed handler.\n- (i) on the place stated in the licence; or\n- (ii) by a seed handler.\n- (i) have been harvested or chemically or mechanically treated or artificially treated in another way; and\n- (ii) have no leaf, flowers or seed; or\n- (i) on the place stated in the licence; or\n- (ii) by a seed handler.\n- (a) a licence; or\n- (b) an authority under section 48 .\n- (a) to participate in any managerial or executive decision for the business; or\n- (b) to elect or appoint any person to any relevant position in the business.","sortOrder":94},{"sectionNumber":"sec.47","sectionType":"section","heading":"Authorisations for licensees","content":"### sec.47 Authorisations for licensees\n\nA licensee is authorised to perform the activities stated in sections 50 , 51 or 52 for the licensee’s licence.\nThe activities are lawful for the purposes of sections 5 , 6 , 8 , 8A and 9 .\nHowever, the activities are lawful only while the licensee performs the activities—\nin accordance with this Act and the conditions of the licence; and\nfor a purpose consistent with the purposes of this part.\nSubsection (3) is subject to section 81 (2) .\ns 47 ins 2002 No. 35 s 7\n(sec.47-ssec.1) A licensee is authorised to perform the activities stated in sections 50 , 51 or 52 for the licensee’s licence.\n(sec.47-ssec.2) The activities are lawful for the purposes of sections 5 , 6 , 8 , 8A and 9 .\n(sec.47-ssec.3) However, the activities are lawful only while the licensee performs the activities— in accordance with this Act and the conditions of the licence; and for a purpose consistent with the purposes of this part.\n(sec.47-ssec.4) Subsection (3) is subject to section 81 (2) .\n- (a) in accordance with this Act and the conditions of the licence; and\n- (b) for a purpose consistent with the purposes of this part.","sortOrder":95},{"sectionNumber":"sec.48","sectionType":"section","heading":"Authorisations for persons other than licensees","content":"### sec.48 Authorisations for persons other than licensees\n\nA regulation may authorise a person other than a licensee to perform activities stated under a regulation for the person for the time and on the conditions stated in the regulation.\nWithout limiting subsection (1) , a regulation may, for example, authorise a person other than a licensee to possess lawfully obtained cannabis seed that will produce industrial cannabis plants or class A or class B research cannabis plants.\nHowever, a regulation made for this section must be for a purpose consistent with the purposes of this part.\nThe activities mentioned in subsections (1) and (2) are lawful for the purposes of sections 5 , 6 , 8 , 8A and 9 .\nSubsection (4) applies only if the conditions stated in the regulation are complied with.\ns 48 ins 2002 No. 35 s 7\n(sec.48-ssec.1) A regulation may authorise a person other than a licensee to perform activities stated under a regulation for the person for the time and on the conditions stated in the regulation.\n(sec.48-ssec.2) Without limiting subsection (1) , a regulation may, for example, authorise a person other than a licensee to possess lawfully obtained cannabis seed that will produce industrial cannabis plants or class A or class B research cannabis plants.\n(sec.48-ssec.3) However, a regulation made for this section must be for a purpose consistent with the purposes of this part.\n(sec.48-ssec.4) The activities mentioned in subsections (1) and (2) are lawful for the purposes of sections 5 , 6 , 8 , 8A and 9 .\n(sec.48-ssec.5) Subsection (4) applies only if the conditions stated in the regulation are complied with.","sortOrder":96},{"sectionNumber":"pt.5B-div.2","sectionType":"division","heading":"Licences generally","content":"## Licences generally","sortOrder":97},{"sectionNumber":"sec.49","sectionType":"section","heading":"Categories of licences","content":"### sec.49 Categories of licences\n\nThe chief executive may issue the following licences—\ngrower licences;\nresearcher licences;\nseed handler licences.\ns 49 ins 2002 No. 35 s 7\namd 2018 No. 5 s 118\n- (a) grower licences;\n- (b) researcher licences;\n- (c) seed handler licences.","sortOrder":98},{"sectionNumber":"sec.50","sectionType":"section","heading":"What researcher licences authorise","content":"### sec.50 What researcher licences authorise\n\nA researcher licence authorises the licensee, in accordance with the licence—\nto possess for research purposes—\nindustrial cannabis plants and seed; and\nclass A and class B research cannabis plants and seed; and\nto produce, for use in plant breeding programs for developing new commercial strains of industrial cannabis—\nindustrial cannabis plants and seed; and\nclass A and class B research cannabis plants and seed; and\nto supply class A and class B research cannabis plants and seed to—\na grower for use, under the licensee’s supervision, as part of a field trial the licensee is conducting on land owned or leased by the grower; and\na researcher authorised to possess the cannabis plants and seed; and\na person authorised under a regulation under section 48 to possess the cannabis plants and seed; and\nto supply industrial cannabis plants or seed to—\na grower; or\na researcher; or\na person authorised under a regulation under section 48 to possess industrial cannabis plants or seed; and\nto supply class A or class B research cannabis seed or industrial cannabis seed to—\na person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or\na person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and\nif the licensee holds a licence under the Customs Act 1901 (Cwlth) authorising the licensee to export cannabis—to supply class A or class B research cannabis seed or industrial cannabis seed to a person in another country who is authorised under the law of that country to possess the seed; and\nto supply processed cannabis to a person authorised under a regulation under section 48 to possess processed cannabis; and\nto supply industrial cannabis seed to a seed handler.\nIn this section—\nState includes an external territory.\ns 50 ins 2002 No. 35 s 7\namd 2017 No. 7 s 118\nsub 2018 No. 5 s 119\namd 2024 No. 17 s 124\n(sec.50-ssec.1) A researcher licence authorises the licensee, in accordance with the licence— to possess for research purposes— industrial cannabis plants and seed; and class A and class B research cannabis plants and seed; and to produce, for use in plant breeding programs for developing new commercial strains of industrial cannabis— industrial cannabis plants and seed; and class A and class B research cannabis plants and seed; and to supply class A and class B research cannabis plants and seed to— a grower for use, under the licensee’s supervision, as part of a field trial the licensee is conducting on land owned or leased by the grower; and a researcher authorised to possess the cannabis plants and seed; and a person authorised under a regulation under section 48 to possess the cannabis plants and seed; and to supply industrial cannabis plants or seed to— a grower; or a researcher; or a person authorised under a regulation under section 48 to possess industrial cannabis plants or seed; and to supply class A or class B research cannabis seed or industrial cannabis seed to— a person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and if the licensee holds a licence under the Customs Act 1901 (Cwlth) authorising the licensee to export cannabis—to supply class A or class B research cannabis seed or industrial cannabis seed to a person in another country who is authorised under the law of that country to possess the seed; and to supply processed cannabis to a person authorised under a regulation under section 48 to possess processed cannabis; and to supply industrial cannabis seed to a seed handler.\n(sec.50-ssec.2) In this section— State includes an external territory.\n- (a) to possess for research purposes— (i) industrial cannabis plants and seed; and (ii) class A and class B research cannabis plants and seed; and\n- (i) industrial cannabis plants and seed; and\n- (ii) class A and class B research cannabis plants and seed; and\n- (b) to produce, for use in plant breeding programs for developing new commercial strains of industrial cannabis— (i) industrial cannabis plants and seed; and (ii) class A and class B research cannabis plants and seed; and\n- (i) industrial cannabis plants and seed; and\n- (ii) class A and class B research cannabis plants and seed; and\n- (c) to supply class A and class B research cannabis plants and seed to— (i) a grower for use, under the licensee’s supervision, as part of a field trial the licensee is conducting on land owned or leased by the grower; and (ii) a researcher authorised to possess the cannabis plants and seed; and (iii) a person authorised under a regulation under section 48 to possess the cannabis plants and seed; and\n- (i) a grower for use, under the licensee’s supervision, as part of a field trial the licensee is conducting on land owned or leased by the grower; and\n- (ii) a researcher authorised to possess the cannabis plants and seed; and\n- (iii) a person authorised under a regulation under section 48 to possess the cannabis plants and seed; and\n- (d) to supply industrial cannabis plants or seed to— (i) a grower; or (ii) a researcher; or (iii) a person authorised under a regulation under section 48 to possess industrial cannabis plants or seed; and\n- (i) a grower; or\n- (ii) a researcher; or\n- (iii) a person authorised under a regulation under section 48 to possess industrial cannabis plants or seed; and\n- (e) to supply class A or class B research cannabis seed or industrial cannabis seed to— (i) a person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or (ii) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and\n- (i) a person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or\n- (ii) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and\n- (f) if the licensee holds a licence under the Customs Act 1901 (Cwlth) authorising the licensee to export cannabis—to supply class A or class B research cannabis seed or industrial cannabis seed to a person in another country who is authorised under the law of that country to possess the seed; and\n- (g) to supply processed cannabis to a person authorised under a regulation under section 48 to possess processed cannabis; and\n- (h) to supply industrial cannabis seed to a seed handler.\n- (i) industrial cannabis plants and seed; and\n- (ii) class A and class B research cannabis plants and seed; and\n- (i) industrial cannabis plants and seed; and\n- (ii) class A and class B research cannabis plants and seed; and\n- (i) a grower for use, under the licensee’s supervision, as part of a field trial the licensee is conducting on land owned or leased by the grower; and\n- (ii) a researcher authorised to possess the cannabis plants and seed; and\n- (iii) a person authorised under a regulation under section 48 to possess the cannabis plants and seed; and\n- (i) a grower; or\n- (ii) a researcher; or\n- (iii) a person authorised under a regulation under section 48 to possess industrial cannabis plants or seed; and\n- (i) a person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or\n- (ii) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and","sortOrder":99},{"sectionNumber":"sec.51","sectionType":"section","heading":"What grower licences authorise","content":"### sec.51 What grower licences authorise\n\nA grower licence authorises the licensee, in accordance with the licence—\nto possess industrial cannabis plants and seed; and\nto produce industrial cannabis plants and seed from planting seed; and\nPlanting seed is seed that is, in accordance with a regulation, taken to have been harvested from a cannabis plant with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%. However, industrial cannabis plants may have a THC concentration in their leaves and flowering heads of not more than 1%. The difference recognises that the leaves and flowering heads of plants grown using planting seed may have more than 0.5% THC because of environmental conditions beyond a grower’s control.\nto supply industrial cannabis seed to—\na researcher; or\na grower; or\na seed handler; or\na person authorised under a regulation under section 48 to possess industrial cannabis seed; and\nto possess class A or class B research cannabis seed for use under the supervision of a researcher, as part of a field trial the researcher is conducting on land owned or leased by the grower; and\nto produce class A or class B research cannabis plants and seed under the supervision of a researcher, as part of a field trial the researcher is conducting on land owned or leased by the grower; and\nto supply to a researcher class A or class B research cannabis plants and seed produced on land owned or leased by the grower as part of a field trial conducted under the supervision of the researcher; and\nto supply industrial cannabis seed to—\na person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or\na person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and\nif the licensee holds a licence under the Customs Act 1901 (Cwlth) authorising the licensee to export cannabis—to supply industrial cannabis seed to a person in another country who is authorised under the law of that country to possess the seed; and\nto supply processed cannabis to a person authorised under a regulation under section 48 to possess processed cannabis; and\nto supply industrial cannabis plants to a person authorised under a regulation under section 48 to possess industrial cannabis plants.\ns 51 orig s 51 ins 2002 No. 35 s 7\namd 2017 No. 7 s 119\nom 2018 No. 5 s 119\npres s 51 (orig s 52) om 2000 No. 5 s 461 sch 3\n(prev s 52) ins 2002 No. 35 s 7\namd 2006 No. 48 s 24 ; 2017 No. 7 s 120 ; 2018 No. 5 s 120 (1) – (2)\nrenum 2018 No. 5 s 120 (3)\namd 2024 No. 17 s 125\n- (a) to possess industrial cannabis plants and seed; and\n- (b) to produce industrial cannabis plants and seed from planting seed; and Note— Planting seed is seed that is, in accordance with a regulation, taken to have been harvested from a cannabis plant with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%. However, industrial cannabis plants may have a THC concentration in their leaves and flowering heads of not more than 1%. The difference recognises that the leaves and flowering heads of plants grown using planting seed may have more than 0.5% THC because of environmental conditions beyond a grower’s control.\n- (c) to supply industrial cannabis seed to— (i) a researcher; or (ii) a grower; or (iii) a seed handler; or (iv) a person authorised under a regulation under section 48 to possess industrial cannabis seed; and\n- (i) a researcher; or\n- (ii) a grower; or\n- (iii) a seed handler; or\n- (iv) a person authorised under a regulation under section 48 to possess industrial cannabis seed; and\n- (d) to possess class A or class B research cannabis seed for use under the supervision of a researcher, as part of a field trial the researcher is conducting on land owned or leased by the grower; and\n- (e) to produce class A or class B research cannabis plants and seed under the supervision of a researcher, as part of a field trial the researcher is conducting on land owned or leased by the grower; and\n- (f) to supply to a researcher class A or class B research cannabis plants and seed produced on land owned or leased by the grower as part of a field trial conducted under the supervision of the researcher; and\n- (g) to supply industrial cannabis seed to— (i) a person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or (ii) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and\n- (i) a person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or\n- (ii) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and\n- (h) if the licensee holds a licence under the Customs Act 1901 (Cwlth) authorising the licensee to export cannabis—to supply industrial cannabis seed to a person in another country who is authorised under the law of that country to possess the seed; and\n- (i) to supply processed cannabis to a person authorised under a regulation under section 48 to possess processed cannabis; and\n- (j) to supply industrial cannabis plants to a person authorised under a regulation under section 48 to possess industrial cannabis plants.\n- (i) a researcher; or\n- (ii) a grower; or\n- (iii) a seed handler; or\n- (iv) a person authorised under a regulation under section 48 to possess industrial cannabis seed; and\n- (i) a person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or\n- (ii) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and","sortOrder":100},{"sectionNumber":"sec.52","sectionType":"section","heading":"What seed handler licences authorise","content":"### sec.52 What seed handler licences authorise\n\nA seed handler licence authorises the licensee, in accordance with the licence—\nto supply denatured seed to a person who is authorised to possess processed cannabis; and\nto supply industrial cannabis seed to any of the following—\na grower;\na researcher;\na seed handler;\na person authorised under a regulation under section 48 to possess industrial cannabis plants or seed;\na person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads the person in the other State may possess;\nif the seed handler holds a licence under the Customs Act 1901 (Cwlth) authorising the seed handler to export cannabis—a person in a foreign country who is authorised under the law of the country to possess the seed; and\nto possess industrial cannabis seed—\nfor the purpose of denaturing the seed and supplying the denatured seed to a person mentioned in paragraph (a) ; or\nfor the purpose of—\ncleaning, drying and grading the seed; and\nsupplying the seed to a person mentioned in paragraph (b) ; or\nfor the purpose of otherwise storing the seed before supplying the seed to a person mentioned in paragraph (b) .\ns 52 ins 2018 No. 5 s 121\n- (a) to supply denatured seed to a person who is authorised to possess processed cannabis; and\n- (b) to supply industrial cannabis seed to any of the following— (i) a grower; (ii) a researcher; (iii) a seed handler; (iv) a person authorised under a regulation under section 48 to possess industrial cannabis plants or seed; (v) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads the person in the other State may possess; (vi) if the seed handler holds a licence under the Customs Act 1901 (Cwlth) authorising the seed handler to export cannabis—a person in a foreign country who is authorised under the law of the country to possess the seed; and\n- (i) a grower;\n- (ii) a researcher;\n- (iii) a seed handler;\n- (iv) a person authorised under a regulation under section 48 to possess industrial cannabis plants or seed;\n- (v) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads the person in the other State may possess;\n- (vi) if the seed handler holds a licence under the Customs Act 1901 (Cwlth) authorising the seed handler to export cannabis—a person in a foreign country who is authorised under the law of the country to possess the seed; and\n- (c) to possess industrial cannabis seed— (i) for the purpose of denaturing the seed and supplying the denatured seed to a person mentioned in paragraph (a) ; or (ii) for the purpose of— (A) cleaning, drying and grading the seed; and (B) supplying the seed to a person mentioned in paragraph (b) ; or (iii) for the purpose of otherwise storing the seed before supplying the seed to a person mentioned in paragraph (b) .\n- (i) for the purpose of denaturing the seed and supplying the denatured seed to a person mentioned in paragraph (a) ; or\n- (ii) for the purpose of— (A) cleaning, drying and grading the seed; and (B) supplying the seed to a person mentioned in paragraph (b) ; or\n- (A) cleaning, drying and grading the seed; and\n- (B) supplying the seed to a person mentioned in paragraph (b) ; or\n- (iii) for the purpose of otherwise storing the seed before supplying the seed to a person mentioned in paragraph (b) .\n- (i) a grower;\n- (ii) a researcher;\n- (iii) a seed handler;\n- (iv) a person authorised under a regulation under section 48 to possess industrial cannabis plants or seed;\n- (v) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads the person in the other State may possess;\n- (vi) if the seed handler holds a licence under the Customs Act 1901 (Cwlth) authorising the seed handler to export cannabis—a person in a foreign country who is authorised under the law of the country to possess the seed; and\n- (i) for the purpose of denaturing the seed and supplying the denatured seed to a person mentioned in paragraph (a) ; or\n- (ii) for the purpose of— (A) cleaning, drying and grading the seed; and (B) supplying the seed to a person mentioned in paragraph (b) ; or\n- (A) cleaning, drying and grading the seed; and\n- (B) supplying the seed to a person mentioned in paragraph (b) ; or\n- (iii) for the purpose of otherwise storing the seed before supplying the seed to a person mentioned in paragraph (b) .\n- (A) cleaning, drying and grading the seed; and\n- (B) supplying the seed to a person mentioned in paragraph (b) ; or","sortOrder":101},{"sectionNumber":"pt.5B-div.3","sectionType":"division","heading":"Licence applications","content":"## Licence applications","sortOrder":102},{"sectionNumber":"sec.53","sectionType":"section","heading":"Applying for a licence","content":"### sec.53 Applying for a licence\n\nA person who wishes to obtain a licence must be a fit and proper person to hold the licence.\nThe person must apply for the licence by—\nsubmitting an application showing, among other things, the person is eligible to obtain the licence; and\npaying the fee prescribed under a regulation; and\ngiving the chief executive the other information required under section 54 or 56 .\nThe chief executive decides the person’s application after having regard, among other things, to whether the person is a fit and proper person to hold the licence.\ns 53 prev s 53 om 2000 No. 5 s 373 sch 2\npres s 53 ins 2002 No. 35 s 7\namd 2018 No. 5 s 100\n(sec.53-ssec.1) A person who wishes to obtain a licence must be a fit and proper person to hold the licence.\n(sec.53-ssec.2) The person must apply for the licence by— submitting an application showing, among other things, the person is eligible to obtain the licence; and paying the fee prescribed under a regulation; and giving the chief executive the other information required under section 54 or 56 .\n(sec.53-ssec.3) The chief executive decides the person’s application after having regard, among other things, to whether the person is a fit and proper person to hold the licence.\n- (a) submitting an application showing, among other things, the person is eligible to obtain the licence; and\n- (b) paying the fee prescribed under a regulation; and\n- (c) giving the chief executive the other information required under section 54 or 56 .","sortOrder":103},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application for licence","content":"### sec.54 Application for licence\n\nAn applicant for a licence must—\napply to the chief executive in the approved form; and\nstate the licence being applied for; and\ngive the chief executive information for establishing the applicant’s eligibility to hold the licence; and\nstate the names and addresses of—\nthe applicant’s close associates; and\nif the applicant is a corporation—its executive officers; and\nprovide any information the chief executive reasonably requires to decide whether the applicant is a fit and proper person to hold a licence.\nThe application must be accompanied by—\nthe application fee prescribed under a regulation; and\nfor an applicant who is an individual, 2 prescribed photographs of the applicant; and\nfor an applicant that is a corporation, 2 prescribed photographs of the chief executive officer of the corporation; and\nfor an application for a researcher licence—a research plan containing information prescribed by regulation.\nA research plan mentioned in subsection (2) (d) forms part of the application.\ns 54 ins 2002 No. 35 s 7\namd 2006 No. 48 s 25 ; 2018 No. 5 ss 101 , 122\n(sec.54-ssec.1) An applicant for a licence must— apply to the chief executive in the approved form; and state the licence being applied for; and give the chief executive information for establishing the applicant’s eligibility to hold the licence; and state the names and addresses of— the applicant’s close associates; and if the applicant is a corporation—its executive officers; and provide any information the chief executive reasonably requires to decide whether the applicant is a fit and proper person to hold a licence.\n(sec.54-ssec.2) The application must be accompanied by— the application fee prescribed under a regulation; and for an applicant who is an individual, 2 prescribed photographs of the applicant; and for an applicant that is a corporation, 2 prescribed photographs of the chief executive officer of the corporation; and for an application for a researcher licence—a research plan containing information prescribed by regulation.\n(sec.54-ssec.3) A research plan mentioned in subsection (2) (d) forms part of the application.\n- (a) apply to the chief executive in the approved form; and\n- (b) state the licence being applied for; and\n- (c) give the chief executive information for establishing the applicant’s eligibility to hold the licence; and\n- (d) state the names and addresses of— (i) the applicant’s close associates; and (ii) if the applicant is a corporation—its executive officers; and\n- (i) the applicant’s close associates; and\n- (ii) if the applicant is a corporation—its executive officers; and\n- (e) provide any information the chief executive reasonably requires to decide whether the applicant is a fit and proper person to hold a licence.\n- (i) the applicant’s close associates; and\n- (ii) if the applicant is a corporation—its executive officers; and\n- (a) the application fee prescribed under a regulation; and\n- (b) for an applicant who is an individual, 2 prescribed photographs of the applicant; and\n- (c) for an applicant that is a corporation, 2 prescribed photographs of the chief executive officer of the corporation; and\n- (d) for an application for a researcher licence—a research plan containing information prescribed by regulation.","sortOrder":104},{"sectionNumber":"sec.55","sectionType":"section","heading":"Application must state address","content":"### sec.55 Application must state address\n\nThe applicant must also specify in the application—\nthe place or places in Queensland where the applicant proposes to carry on activities under the licence; and\nan address where a document can be served personally.\nA post office box is not a place the applicant may specify as a place or an address for this division.\ns 55 ins 2002 No. 35 s 7\n- (a) the place or places in Queensland where the applicant proposes to carry on activities under the licence; and\n- (b) an address where a document can be served personally.","sortOrder":105},{"sectionNumber":"sec.56","sectionType":"section","heading":"Requirement to give information or material about application","content":"### sec.56 Requirement to give information or material about application\n\nThe chief executive may, by written notice given to the applicant for a licence, require the applicant to give the chief executive, within a stated reasonable time, information or material the chief executive reasonably considers is needed to consider the applicant’s application for the licence.\nThe applicant is taken to have withdrawn the application if, within the stated reasonable time, the applicant fails to comply with the chief executive’s requirement.\ns 56 ins 2002 No. 35 s 7\n(sec.56-ssec.1) The chief executive may, by written notice given to the applicant for a licence, require the applicant to give the chief executive, within a stated reasonable time, information or material the chief executive reasonably considers is needed to consider the applicant’s application for the licence.\n(sec.56-ssec.2) The applicant is taken to have withdrawn the application if, within the stated reasonable time, the applicant fails to comply with the chief executive’s requirement.","sortOrder":106},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Amendment of application","content":"### sec.56A Amendment of application\n\nThe chief executive may, by written notice given to the applicant for a licence, allow the applicant to, within a stated reasonable time, amend an application being considered by the chief executive (the existing application ) by giving the chief executive a new application that incorporates the amendments (the amended application ).\nIf the applicant does not give the chief executive the amended application within the stated reasonable time, the chief executive may, in accordance with section 63 , issue or refuse to issue the licence based on the existing application.\ns 56A ins 2018 No. 5 s 123\n(sec.56A-ssec.1) The chief executive may, by written notice given to the applicant for a licence, allow the applicant to, within a stated reasonable time, amend an application being considered by the chief executive (the existing application ) by giving the chief executive a new application that incorporates the amendments (the amended application ).\n(sec.56A-ssec.2) If the applicant does not give the chief executive the amended application within the stated reasonable time, the chief executive may, in accordance with section 63 , issue or refuse to issue the licence based on the existing application.","sortOrder":107},{"sectionNumber":"pt.5B-div.4","sectionType":"division","heading":"Eligibility and suitability to hold licence","content":"## Eligibility and suitability to hold licence","sortOrder":108},{"sectionNumber":"sec.57","sectionType":"section","heading":"Fit and proper person to hold licence","content":"### sec.57 Fit and proper person to hold licence\n\nIn deciding whether a person is a fit and proper person to hold a licence, the chief executive must have regard to the following—\nwhether the person held a licence or permit that was suspended or cancelled under—\nthis part; or\nthe Narcotic Drugs Act 1967 (Cwlth) ; or\na law of another State that corresponds, or substantially corresponds, to this part;\nif the person is an individual—the criminal history of the person;\nif the person is a corporation—whether each executive officer of the corporation is a fit and proper person to hold a licence;\nin relation to an applicant for, or holder of, a researcher licence—\nwhether the person has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or\nif the person is a corporation—whether a person employed by the corporation to carry out plant breeding under the licence has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or\nwhether a close associate of the person held a licence or permit that was suspended or cancelled under—\nthis part; or\nthe Narcotic Drugs Act 1967 (Cwlth) ; or\na law of another State that corresponds, or substantially corresponds, to this part; or\nif the person is an individual—the criminal history of any close associate of the person.\nWithout limiting subsection (1) , in deciding whether a person is a fit and proper person to hold a licence, the chief executive may have regard to any other matter the chief executive considers relevant.\ns 57 ins 2002 No. 35 s 7\namd 2006 No. 48 s 26\nsub 2018 No. 5 s 102\namd 2018 No. 5 s 124\n(sec.57-ssec.1) In deciding whether a person is a fit and proper person to hold a licence, the chief executive must have regard to the following— whether the person held a licence or permit that was suspended or cancelled under— this part; or the Narcotic Drugs Act 1967 (Cwlth) ; or a law of another State that corresponds, or substantially corresponds, to this part; if the person is an individual—the criminal history of the person; if the person is a corporation—whether each executive officer of the corporation is a fit and proper person to hold a licence; in relation to an applicant for, or holder of, a researcher licence— whether the person has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or if the person is a corporation—whether a person employed by the corporation to carry out plant breeding under the licence has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or whether a close associate of the person held a licence or permit that was suspended or cancelled under— this part; or the Narcotic Drugs Act 1967 (Cwlth) ; or a law of another State that corresponds, or substantially corresponds, to this part; or if the person is an individual—the criminal history of any close associate of the person.\n(sec.57-ssec.2) Without limiting subsection (1) , in deciding whether a person is a fit and proper person to hold a licence, the chief executive may have regard to any other matter the chief executive considers relevant.\n- (a) whether the person held a licence or permit that was suspended or cancelled under— (i) this part; or (ii) the Narcotic Drugs Act 1967 (Cwlth) ; or (iii) a law of another State that corresponds, or substantially corresponds, to this part;\n- (i) this part; or\n- (ii) the Narcotic Drugs Act 1967 (Cwlth) ; or\n- (iii) a law of another State that corresponds, or substantially corresponds, to this part;\n- (b) if the person is an individual—the criminal history of the person;\n- (c) if the person is a corporation—whether each executive officer of the corporation is a fit and proper person to hold a licence;\n- (d) in relation to an applicant for, or holder of, a researcher licence— (i) whether the person has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or (ii) if the person is a corporation—whether a person employed by the corporation to carry out plant breeding under the licence has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or (iii) whether a close associate of the person held a licence or permit that was suspended or cancelled under— (A) this part; or (B) the Narcotic Drugs Act 1967 (Cwlth) ; or (C) a law of another State that corresponds, or substantially corresponds, to this part; or (iv) if the person is an individual—the criminal history of any close associate of the person.\n- (i) whether the person has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or\n- (ii) if the person is a corporation—whether a person employed by the corporation to carry out plant breeding under the licence has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or\n- (iii) whether a close associate of the person held a licence or permit that was suspended or cancelled under— (A) this part; or (B) the Narcotic Drugs Act 1967 (Cwlth) ; or (C) a law of another State that corresponds, or substantially corresponds, to this part; or\n- (A) this part; or\n- (B) the Narcotic Drugs Act 1967 (Cwlth) ; or\n- (C) a law of another State that corresponds, or substantially corresponds, to this part; or\n- (iv) if the person is an individual—the criminal history of any close associate of the person.\n- (i) this part; or\n- (ii) the Narcotic Drugs Act 1967 (Cwlth) ; or\n- (iii) a law of another State that corresponds, or substantially corresponds, to this part;\n- (i) whether the person has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or\n- (ii) if the person is a corporation—whether a person employed by the corporation to carry out plant breeding under the licence has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or\n- (iii) whether a close associate of the person held a licence or permit that was suspended or cancelled under— (A) this part; or (B) the Narcotic Drugs Act 1967 (Cwlth) ; or (C) a law of another State that corresponds, or substantially corresponds, to this part; or\n- (A) this part; or\n- (B) the Narcotic Drugs Act 1967 (Cwlth) ; or\n- (C) a law of another State that corresponds, or substantially corresponds, to this part; or\n- (iv) if the person is an individual—the criminal history of any close associate of the person.\n- (A) this part; or\n- (B) the Narcotic Drugs Act 1967 (Cwlth) ; or\n- (C) a law of another State that corresponds, or substantially corresponds, to this part; or","sortOrder":109},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 ins 2002 No. 35 s 7\nom 2018 No. 5 s 102","sortOrder":110},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 ins 2002 No. 35 s 7\nom 2018 No. 5 s 102","sortOrder":111},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 orig s 60 ins 1996 No. 49 s 14\nom 1997 No. 48 s 53\nprev s 60 ins 2002 No. 35 s 7\namd 2017 No. 7 s 121\nom 2018 No. 5 s 102","sortOrder":112},{"sectionNumber":"sec.61","sectionType":"section","heading":"Investigation about the suitability of applicant or licensee","content":"### sec.61 Investigation about the suitability of applicant or licensee\n\nThe chief executive may make investigations about any of the following persons to help the chief executive decide whether an applicant or licensee is a fit and proper person to hold a licence—\nthe applicant or licensee;\nif the applicant or licensee is a corporation—the corporation’s executive officers;\na person stated by the applicant or licensee to be a close associate of the applicant or licensee.\nWithout limiting subsection (1) , the chief executive may ask the commissioner of the police service for a written report about the criminal history of any of the persons.\nFor subsection (2) , the chief executive must give the commissioner any particulars the chief executive advises the commissioner are relevant for each application for a licence or renewal of a licence.\nOn receiving particulars of the application, the commissioner—\nmust make inquiries about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and\nmay make any other inquiries about a person mentioned in subsection (1) (a) to (c) the commissioner considers appropriate.\nFor subsection (4) (a) , the applicant or licensee must consent to the person’s fingerprints being taken by a police officer.\nThe chief executive must refuse to consider the applicant’s or licensee’s application if the person refuses to consent to the person’s fingerprints being taken.\nThe commissioner must report to the chief executive after receiving the results of the inquiries.\nThe commissioner’s report must include disclosure of convictions of the person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\nFingerprints taken under this section—\nmay be used only for the purposes of subsection (4) (a) ; and\nmust be destroyed as soon as practicable after the commissioner reports to the chief executive under subsection (7) .\ns 61 orig s 61 ins 1990 No. 9 s 15\nom 1995 No. 18 s 3 sch\nprev s 61 ins 1996 No. 49 s 14\nexp 16 November 1996 (see s 61(2))\npres s 61 ins 2002 No. 35 s 7\namd 2018 No. 5 s 103\n(sec.61-ssec.1) The chief executive may make investigations about any of the following persons to help the chief executive decide whether an applicant or licensee is a fit and proper person to hold a licence— the applicant or licensee; if the applicant or licensee is a corporation—the corporation’s executive officers; a person stated by the applicant or licensee to be a close associate of the applicant or licensee.\n(sec.61-ssec.2) Without limiting subsection (1) , the chief executive may ask the commissioner of the police service for a written report about the criminal history of any of the persons.\n(sec.61-ssec.3) For subsection (2) , the chief executive must give the commissioner any particulars the chief executive advises the commissioner are relevant for each application for a licence or renewal of a licence.\n(sec.61-ssec.4) On receiving particulars of the application, the commissioner— must make inquiries about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and may make any other inquiries about a person mentioned in subsection (1) (a) to (c) the commissioner considers appropriate.\n(sec.61-ssec.5) For subsection (4) (a) , the applicant or licensee must consent to the person’s fingerprints being taken by a police officer.\n(sec.61-ssec.6) The chief executive must refuse to consider the applicant’s or licensee’s application if the person refuses to consent to the person’s fingerprints being taken.\n(sec.61-ssec.7) The commissioner must report to the chief executive after receiving the results of the inquiries.\n(sec.61-ssec.8) The commissioner’s report must include disclosure of convictions of the person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\n(sec.61-ssec.9) Fingerprints taken under this section— may be used only for the purposes of subsection (4) (a) ; and must be destroyed as soon as practicable after the commissioner reports to the chief executive under subsection (7) .\n- (a) the applicant or licensee;\n- (b) if the applicant or licensee is a corporation—the corporation’s executive officers;\n- (c) a person stated by the applicant or licensee to be a close associate of the applicant or licensee.\n- (a) must make inquiries about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and\n- (b) may make any other inquiries about a person mentioned in subsection (1) (a) to (c) the commissioner considers appropriate.\n- (a) may be used only for the purposes of subsection (4) (a) ; and\n- (b) must be destroyed as soon as practicable after the commissioner reports to the chief executive under subsection (7) .","sortOrder":113},{"sectionNumber":"sec.62","sectionType":"section","heading":"Criminal history is confidential document","content":"### sec.62 Criminal history is confidential document\n\nAn officer, employee or agent of the department must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 61 .\nMaximum penalty—100 penalty units.\nHowever, the person does not contravene subsection (1) if—\ndisclosure of the report or information to someone else is authorised by the chief executive for the performance of a function under or in relation to this part; or\nthe disclosure is otherwise required or permitted by law.\nThe chief executive must destroy the report as soon as practicable after considering the person’s suitability to hold a licence.\ns 62 ins 2002 No. 35 s 7\n(sec.62-ssec.1) An officer, employee or agent of the department must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 61 . Maximum penalty—100 penalty units.\n(sec.62-ssec.2) However, the person does not contravene subsection (1) if— disclosure of the report or information to someone else is authorised by the chief executive for the performance of a function under or in relation to this part; or the disclosure is otherwise required or permitted by law.\n(sec.62-ssec.3) The chief executive must destroy the report as soon as practicable after considering the person’s suitability to hold a licence.\n- (a) disclosure of the report or information to someone else is authorised by the chief executive for the performance of a function under or in relation to this part; or\n- (b) the disclosure is otherwise required or permitted by law.","sortOrder":114},{"sectionNumber":"pt.5B-div.5","sectionType":"division","heading":"Decision-making for licence issue","content":"## Decision-making for licence issue","sortOrder":115},{"sectionNumber":"sec.63","sectionType":"section","heading":"Chief executive may issue or refuse to issue licence","content":"### sec.63 Chief executive may issue or refuse to issue licence\n\nThe chief executive may issue or refuse to issue a licence to an applicant.\nThe chief executive may issue a licence to an applicant only if the chief executive is satisfied that—\nthe applicant is a fit and proper person to hold a licence; and\nif the applicant intends performing activities under the licence in partnership or in conjunction with others—each member of the partnership, or each person with whom the applicant intends performing activities in conjunction, is a fit and proper person to hold a licence; and\nif the applicant is a corporation—each executive officer of the corporation is a fit and proper person to hold a licence; and\nfor a researcher licence—the research plan for the application for the licence will, if implemented, manage all risks of non-compliance with the Act that are associated with the research and associated activities proposed to be carried out under the licence; and\nthe application is properly made.\nFor subsection (2) (e) , an application is properly made only if the applicant complies with section 54 .\nIf the chief executive decides to issue a researcher licence, the research plan for the application for the licence forms part of the licence.\nIf the chief executive decides to refuse to issue the licence, the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.\nIn this section—\nresearch plan , for an application for a researcher licence, means the research plan forming part of the application under section 54 as amended in accordance with this part.\ns 63 ins 2002 No. 35 s 7\namd 2018 No. 5 ss 104 , 125\n(sec.63-ssec.1) The chief executive may issue or refuse to issue a licence to an applicant.\n(sec.63-ssec.2) The chief executive may issue a licence to an applicant only if the chief executive is satisfied that— the applicant is a fit and proper person to hold a licence; and if the applicant intends performing activities under the licence in partnership or in conjunction with others—each member of the partnership, or each person with whom the applicant intends performing activities in conjunction, is a fit and proper person to hold a licence; and if the applicant is a corporation—each executive officer of the corporation is a fit and proper person to hold a licence; and for a researcher licence—the research plan for the application for the licence will, if implemented, manage all risks of non-compliance with the Act that are associated with the research and associated activities proposed to be carried out under the licence; and the application is properly made.\n(sec.63-ssec.3) For subsection (2) (e) , an application is properly made only if the applicant complies with section 54 .\n(sec.63-ssec.4) If the chief executive decides to issue a researcher licence, the research plan for the application for the licence forms part of the licence.\n(sec.63-ssec.5) If the chief executive decides to refuse to issue the licence, the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.\n(sec.63-ssec.6) In this section— research plan , for an application for a researcher licence, means the research plan forming part of the application under section 54 as amended in accordance with this part.\n- (a) the applicant is a fit and proper person to hold a licence; and\n- (b) if the applicant intends performing activities under the licence in partnership or in conjunction with others—each member of the partnership, or each person with whom the applicant intends performing activities in conjunction, is a fit and proper person to hold a licence; and\n- (c) if the applicant is a corporation—each executive officer of the corporation is a fit and proper person to hold a licence; and\n- (d) for a researcher licence—the research plan for the application for the licence will, if implemented, manage all risks of non-compliance with the Act that are associated with the research and associated activities proposed to be carried out under the licence; and\n- (e) the application is properly made.","sortOrder":116},{"sectionNumber":"sec.64","sectionType":"section","heading":"Term and conditions","content":"### sec.64 Term and conditions\n\nThe chief executive may issue a licence for the term, of not more than 3 years, and on the conditions, the chief executive considers necessary or desirable for the proper performance of the activities authorised by the licence.\nWithout limiting subsection (1) , it is a condition of every licence—\nthat the licensee must not contravene this Act; and\nthat the licensee must notify the chief executive of any change of address or close associates as soon as practicable after the change happens.\nA regulation may prescribe additional conditions a licensee must comply with.\nIf the chief executive decides to issue a licence on a condition mentioned in subsection (1) , the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.\ns 64 ins 2002 No. 35 s 7\n(sec.64-ssec.1) The chief executive may issue a licence for the term, of not more than 3 years, and on the conditions, the chief executive considers necessary or desirable for the proper performance of the activities authorised by the licence.\n(sec.64-ssec.2) Without limiting subsection (1) , it is a condition of every licence— that the licensee must not contravene this Act; and that the licensee must notify the chief executive of any change of address or close associates as soon as practicable after the change happens.\n(sec.64-ssec.3) A regulation may prescribe additional conditions a licensee must comply with.\n(sec.64-ssec.4) If the chief executive decides to issue a licence on a condition mentioned in subsection (1) , the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.\n- (a) that the licensee must not contravene this Act; and\n- (b) that the licensee must notify the chief executive of any change of address or close associates as soon as practicable after the change happens.","sortOrder":117},{"sectionNumber":"pt.5B-div.6","sectionType":"division","heading":"Licence renewals and decision-making for renewals","content":"## Licence renewals and decision-making for renewals","sortOrder":118},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application for renewal","content":"### sec.65 Application for renewal\n\nA licensee may apply for renewal of the licensee’s licence.\nThe application must—\nbe made to the chief executive in the approved form; and\nbe made before the licence expires; and\nstate the names and addresses of—\nthe licensee’s close associates; and\nif the licensee is a corporation—its executive officers; and\nbe accompanied by—\nthe licence renewal fee prescribed under a regulation; and\nfor a licensee who is an individual—2 prescribed photographs of the licensee; and\nfor a licensee that is a corporation—2 prescribed photographs of the chief executive officer of the corporation.\nThe chief executive may, by written notice given to the licensee, require the licensee to give to the chief executive, within a stated reasonable time, information or material the chief executive considers is needed to consider the licensee’s application for renewal of the licence.\nThe licensee is taken to have withdrawn the application if, within the stated reasonable time, the licensee fails to comply with the chief executive’s requirement.\ns 65 ins 2002 No. 35 s 7\namd 2006 No. 48 s 27\n(sec.65-ssec.1) A licensee may apply for renewal of the licensee’s licence.\n(sec.65-ssec.2) The application must— be made to the chief executive in the approved form; and be made before the licence expires; and state the names and addresses of— the licensee’s close associates; and if the licensee is a corporation—its executive officers; and be accompanied by— the licence renewal fee prescribed under a regulation; and for a licensee who is an individual—2 prescribed photographs of the licensee; and for a licensee that is a corporation—2 prescribed photographs of the chief executive officer of the corporation.\n(sec.65-ssec.3) The chief executive may, by written notice given to the licensee, require the licensee to give to the chief executive, within a stated reasonable time, information or material the chief executive considers is needed to consider the licensee’s application for renewal of the licence.\n(sec.65-ssec.4) The licensee is taken to have withdrawn the application if, within the stated reasonable time, the licensee fails to comply with the chief executive’s requirement.\n- (a) be made to the chief executive in the approved form; and\n- (b) be made before the licence expires; and\n- (c) state the names and addresses of— (i) the licensee’s close associates; and (ii) if the licensee is a corporation—its executive officers; and\n- (i) the licensee’s close associates; and\n- (ii) if the licensee is a corporation—its executive officers; and\n- (d) be accompanied by— (i) the licence renewal fee prescribed under a regulation; and (ii) for a licensee who is an individual—2 prescribed photographs of the licensee; and (iii) for a licensee that is a corporation—2 prescribed photographs of the chief executive officer of the corporation.\n- (i) the licence renewal fee prescribed under a regulation; and\n- (ii) for a licensee who is an individual—2 prescribed photographs of the licensee; and\n- (iii) for a licensee that is a corporation—2 prescribed photographs of the chief executive officer of the corporation.\n- (i) the licensee’s close associates; and\n- (ii) if the licensee is a corporation—its executive officers; and\n- (i) the licence renewal fee prescribed under a regulation; and\n- (ii) for a licensee who is an individual—2 prescribed photographs of the licensee; and\n- (iii) for a licensee that is a corporation—2 prescribed photographs of the chief executive officer of the corporation.","sortOrder":119},{"sectionNumber":"sec.66","sectionType":"section","heading":"Chief executive may renew or refuse to renew licence","content":"### sec.66 Chief executive may renew or refuse to renew licence\n\nThe chief executive must consider a renewal application made under section 65 and may renew or refuse to renew the licence.\nThe chief executive may renew the licence only if the chief executive is satisfied—\nthe licensee is a fit and proper person to hold a licence; and\nif the licensee carries on business in partnership or in conjunction with others—each member of the partnership, or each person with whom the licensee carries on business in conjunction, is a fit and proper person to hold a licence; and\nif the licensee is a corporation—each executive officer of the corporation is a fit and proper person to hold a licence; and\nthe application is properly made.\nFor subsection (2) (d) , an application is properly made only if it complies with section 65 (2) .\nIf the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.\ns 66 ins 2002 No. 35 s 7\namd 2018 No. 5 s 105\n(sec.66-ssec.1) The chief executive must consider a renewal application made under section 65 and may renew or refuse to renew the licence.\n(sec.66-ssec.2) The chief executive may renew the licence only if the chief executive is satisfied— the licensee is a fit and proper person to hold a licence; and if the licensee carries on business in partnership or in conjunction with others—each member of the partnership, or each person with whom the licensee carries on business in conjunction, is a fit and proper person to hold a licence; and if the licensee is a corporation—each executive officer of the corporation is a fit and proper person to hold a licence; and the application is properly made.\n(sec.66-ssec.3) For subsection (2) (d) , an application is properly made only if it complies with section 65 (2) .\n(sec.66-ssec.4) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.\n- (a) the licensee is a fit and proper person to hold a licence; and\n- (b) if the licensee carries on business in partnership or in conjunction with others—each member of the partnership, or each person with whom the licensee carries on business in conjunction, is a fit and proper person to hold a licence; and\n- (c) if the licensee is a corporation—each executive officer of the corporation is a fit and proper person to hold a licence; and\n- (d) the application is properly made.","sortOrder":120},{"sectionNumber":"sec.67","sectionType":"section","heading":"Licence taken to be in force while application for renewal is considered","content":"### sec.67 Licence taken to be in force while application for renewal is considered\n\nIf an application is made under section 65 , the licensee’s licence is taken to continue in force from the day that it would, apart from this section, have expired until the licensee’s application for renewal is—\ndecided under section 66 ; or\nwithdrawn by the licensee; or\ntaken to have been withdrawn under section 65 (4) .\nFor what happens to cannabis plants and seed in the licensee’s possession if the chief executive decides to refuse to renew a licence, see sections 82 and 83 .\ns 67 ins 2002 No. 35 s 7\n- (a) decided under section 66 ; or\n- (b) withdrawn by the licensee; or\n- (c) taken to have been withdrawn under section 65 (4) .","sortOrder":121},{"sectionNumber":"sec.68","sectionType":"section","heading":"Return of licence if renewal refused","content":"### sec.68 Return of licence if renewal refused\n\nA person whose application for renewal of a licence has been refused must return the licence to the chief executive within 14 days after the refusal, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 68 ins 2002 No. 35 s 7","sortOrder":122},{"sectionNumber":"pt.5B-div.7","sectionType":"division","heading":"Dealing with licences","content":"## Dealing with licences","sortOrder":123},{"sectionNumber":"sec.69","sectionType":"section","heading":"Transfer of licence prohibited","content":"### sec.69 Transfer of licence prohibited\n\nA licence may not be transferred.\ns 69 ins 2002 No. 35 s 7","sortOrder":124},{"sectionNumber":"sec.70","sectionType":"section","heading":"Amendment of licence or licence conditions","content":"### sec.70 Amendment of licence or licence conditions\n\nThe chief executive may amend a licence or the conditions of a licence—\non the licensee’s application; or\non the chief executive’s own initiative.\nAn application under subsection (1) (a) must be made in the approved form and be accompanied by the application fee prescribed under a regulation.\nBefore making an amendment under subsection (1) (a) , the chief executive must be satisfied the licensee meets the eligibility requirements the chief executive specifies as relevant to the amendment and advises to the applicant.\nBefore making an amendment under subsection (1) (b) , the chief executive must—\ngive written notice to the licensee—\nof the particulars of the proposed amendment; and\nthat the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and\nhave regard to submissions made to the chief executive by the licensee before the stated day.\nSubsection (4) does not apply if the chief executive decides that the amendment must be made urgently to ensure compliance with this Act.\nIf the chief executive decides to make an amendment under subsection (1) (b) , the chief executive must give written notice of the amendment to the licensee and an information notice for the decision within 14 days after the decision is made.\nThe amendment takes effect—\non the day the written notice of the amendment is given to the licensee; or\nif a later day is stated in the notice—the stated day.\nIf the chief executive decides to refuse to make an amendment requested under subsection (1) (a) , the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.\ns 70 ins 2002 No. 35 s 7\namd 2018 No. 5 s 106\n(sec.70-ssec.1) The chief executive may amend a licence or the conditions of a licence— on the licensee’s application; or on the chief executive’s own initiative.\n(sec.70-ssec.2) An application under subsection (1) (a) must be made in the approved form and be accompanied by the application fee prescribed under a regulation.\n(sec.70-ssec.3) Before making an amendment under subsection (1) (a) , the chief executive must be satisfied the licensee meets the eligibility requirements the chief executive specifies as relevant to the amendment and advises to the applicant.\n(sec.70-ssec.4) Before making an amendment under subsection (1) (b) , the chief executive must— give written notice to the licensee— of the particulars of the proposed amendment; and that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and have regard to submissions made to the chief executive by the licensee before the stated day.\n(sec.70-ssec.5) Subsection (4) does not apply if the chief executive decides that the amendment must be made urgently to ensure compliance with this Act.\n(sec.70-ssec.6) If the chief executive decides to make an amendment under subsection (1) (b) , the chief executive must give written notice of the amendment to the licensee and an information notice for the decision within 14 days after the decision is made.\n(sec.70-ssec.7) The amendment takes effect— on the day the written notice of the amendment is given to the licensee; or if a later day is stated in the notice—the stated day.\n(sec.70-ssec.8) If the chief executive decides to refuse to make an amendment requested under subsection (1) (a) , the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.\n- (a) on the licensee’s application; or\n- (b) on the chief executive’s own initiative.\n- (a) give written notice to the licensee— (i) of the particulars of the proposed amendment; and (ii) that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and\n- (i) of the particulars of the proposed amendment; and\n- (ii) that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and\n- (b) have regard to submissions made to the chief executive by the licensee before the stated day.\n- (i) of the particulars of the proposed amendment; and\n- (ii) that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and\n- (a) on the day the written notice of the amendment is given to the licensee; or\n- (b) if a later day is stated in the notice—the stated day.","sortOrder":125},{"sectionNumber":"sec.71","sectionType":"section","heading":"Return of licence for amendment of conditions","content":"### sec.71 Return of licence for amendment of conditions\n\nIf the chief executive amends the conditions of a licence under section 70 , the chief executive may ask the licensee to produce the licence for amendment within a stated period of not less than 14 days.\nThe licensee must comply with a request under subsection (1) , unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 71 ins 2002 No. 35 s 7\n(sec.71-ssec.1) If the chief executive amends the conditions of a licence under section 70 , the chief executive may ask the licensee to produce the licence for amendment within a stated period of not less than 14 days.\n(sec.71-ssec.2) The licensee must comply with a request under subsection (1) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":126},{"sectionNumber":"sec.72","sectionType":"section","heading":"Surrender of licence","content":"### sec.72 Surrender of licence\n\nA licensee may surrender the licensee’s licence by giving written notice to the chief executive and returning the licence.\nBefore the licensee surrenders the licence, the licensee must destroy or otherwise lawfully dispose of all cannabis plants and seed the licensee possesses.\nUnless otherwise authorised, continued possession of the plants and seed after the surrender takes effect will be unlawful.\nA licence surrendered under this section stops having effect at the end of the day it is surrendered.\ns 72 ins 2002 No. 35 s 7\n(sec.72-ssec.1) A licensee may surrender the licensee’s licence by giving written notice to the chief executive and returning the licence.\n(sec.72-ssec.2) Before the licensee surrenders the licence, the licensee must destroy or otherwise lawfully dispose of all cannabis plants and seed the licensee possesses. Unless otherwise authorised, continued possession of the plants and seed after the surrender takes effect will be unlawful.\n(sec.72-ssec.3) A licence surrendered under this section stops having effect at the end of the day it is surrendered.","sortOrder":127},{"sectionNumber":"pt.5B-div.8","sectionType":"division","heading":"Suspension and cancellation of licences","content":"## Suspension and cancellation of licences","sortOrder":128},{"sectionNumber":"sec.73","sectionType":"section","heading":"Grounds for suspension action or cancellation","content":"### sec.73 Grounds for suspension action or cancellation\n\nA ground for suspending or cancelling a licence exists if the licensee—\nis not, or is no longer, a fit and proper person to hold the licence; or\ncontravenes a provision of this Act or a condition of the licence; or\ndoes not pay a fee imposed on the licensee under this part.\nAlso, a ground for suspending or cancelling a licence exists if the licence was issued because of a materially false or misleading representation or declaration.\ns 73 ins 2002 No. 35 s 7\namd 2018 No. 5 s 107\n(sec.73-ssec.1) A ground for suspending or cancelling a licence exists if the licensee— is not, or is no longer, a fit and proper person to hold the licence; or contravenes a provision of this Act or a condition of the licence; or does not pay a fee imposed on the licensee under this part.\n(sec.73-ssec.2) Also, a ground for suspending or cancelling a licence exists if the licence was issued because of a materially false or misleading representation or declaration.\n- (a) is not, or is no longer, a fit and proper person to hold the licence; or\n- (b) contravenes a provision of this Act or a condition of the licence; or\n- (c) does not pay a fee imposed on the licensee under this part.","sortOrder":129},{"sectionNumber":"sec.74","sectionType":"section","heading":"Show cause notice","content":"### sec.74 Show cause notice\n\nThis section applies if the chief executive considers a ground exists to suspend or cancel a licence.\nThe chief executive must give the licensee a written notice (a show cause notice ) stating the following—\nthe action (the proposed action ) the chief executive proposes taking under this division;\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the licence, the proposed suspension period;\nan invitation to the licensee to show cause within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the licensee.\nThe licensee may make written representations about the proposed action to the chief executive in the show cause period.\ns 74 ins 2002 No. 35 s 7\n(sec.74-ssec.1) This section applies if the chief executive considers a ground exists to suspend or cancel a licence.\n(sec.74-ssec.2) The chief executive must give the licensee a written notice (a show cause notice ) stating the following— the action (the proposed action ) the chief executive proposes taking under this division; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the licence, the proposed suspension period; an invitation to the licensee to show cause within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.74-ssec.3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the licensee.\n(sec.74-ssec.4) The licensee may make written representations about the proposed action to the chief executive in the show cause period.\n- (a) the action (the proposed action ) the chief executive proposes taking under this division;\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the licence, the proposed suspension period;\n- (e) an invitation to the licensee to show cause within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":130},{"sectionNumber":"sec.75","sectionType":"section","heading":"Consideration of representations","content":"### sec.75 Consideration of representations\n\nThe chief executive must consider all written representations (the accepted representations ) made in the show cause period by the licensee.\ns 75 ins 2002 No. 35 s 7","sortOrder":131},{"sectionNumber":"sec.76","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.76 Ending show cause process without further action\n\nThis section applies if, after considering the accepted representations for the show cause period, the chief executive no longer believes a ground exists to suspend or cancel a licence.\nThe chief executive must not take further action about the show cause notice.\nThe chief executive must, immediately after making the decision, give the licensee written notice that no further action about the show cause notice is to be taken.\ns 76 ins 2002 No. 35 s 7\n(sec.76-ssec.1) This section applies if, after considering the accepted representations for the show cause period, the chief executive no longer believes a ground exists to suspend or cancel a licence.\n(sec.76-ssec.2) The chief executive must not take further action about the show cause notice.\n(sec.76-ssec.3) The chief executive must, immediately after making the decision, give the licensee written notice that no further action about the show cause notice is to be taken.","sortOrder":132},{"sectionNumber":"sec.77","sectionType":"section","heading":"Suspension and cancellation of licences","content":"### sec.77 Suspension and cancellation of licences\n\nThis section applies if, after considering the accepted representations for the show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel a licence; and\nbelieves suspension or cancellation of the licence is warranted.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe chief executive may—\nif the proposed action stated in the show cause notice was to suspend the licence for a stated period—suspend the licence for not longer than the stated period; or\nif the proposed action stated in the show cause notice was to cancel the licence—either cancel the licence or suspend it for a period.\nThe chief executive must immediately give an information notice for the decision to the licensee.\nThe decision takes effect—\non the day the information notice is given to the licensee; or\nif a later day is stated in the notice—the later day.\ns 77 ins 2002 No. 35 s 7\n(sec.77-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive— still believes a ground exists to suspend or cancel a licence; and believes suspension or cancellation of the licence is warranted.\n(sec.77-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.77-ssec.3) The chief executive may— if the proposed action stated in the show cause notice was to suspend the licence for a stated period—suspend the licence for not longer than the stated period; or if the proposed action stated in the show cause notice was to cancel the licence—either cancel the licence or suspend it for a period.\n(sec.77-ssec.4) The chief executive must immediately give an information notice for the decision to the licensee.\n(sec.77-ssec.5) The decision takes effect— on the day the information notice is given to the licensee; or if a later day is stated in the notice—the later day.\n- (a) still believes a ground exists to suspend or cancel a licence; and\n- (b) believes suspension or cancellation of the licence is warranted.\n- (a) if the proposed action stated in the show cause notice was to suspend the licence for a stated period—suspend the licence for not longer than the stated period; or\n- (b) if the proposed action stated in the show cause notice was to cancel the licence—either cancel the licence or suspend it for a period.\n- (a) on the day the information notice is given to the licensee; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":133},{"sectionNumber":"sec.78","sectionType":"section","heading":"Immediate suspension","content":"### sec.78 Immediate suspension\n\nThis section applies if the chief executive considers, on reasonable grounds, that a licensee—\nhas contravened or is contravening this Act; or\nis likely or is proposing to engage in conduct that would contravene this Act.\nThe chief executive may suspend the licensee’s licence with immediate effect.\nThe licence may be suspended for the period, of not more than 28 days, and on the conditions, the chief executive decides.\nThe chief executive must give the licensee an information notice for the decision to suspend within 3 days after suspending the licensee’s licence.\ns 78 ins 2002 No. 35 s 7\n(sec.78-ssec.1) This section applies if the chief executive considers, on reasonable grounds, that a licensee— has contravened or is contravening this Act; or is likely or is proposing to engage in conduct that would contravene this Act.\n(sec.78-ssec.2) The chief executive may suspend the licensee’s licence with immediate effect.\n(sec.78-ssec.3) The licence may be suspended for the period, of not more than 28 days, and on the conditions, the chief executive decides.\n(sec.78-ssec.4) The chief executive must give the licensee an information notice for the decision to suspend within 3 days after suspending the licensee’s licence.\n- (a) has contravened or is contravening this Act; or\n- (b) is likely or is proposing to engage in conduct that would contravene this Act.","sortOrder":134},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 ins 2002 No. 35 s 7\nom 2018 No. 5 s 108","sortOrder":135},{"sectionNumber":"sec.80","sectionType":"section","heading":"Return of licence if suspended or cancelled","content":"### sec.80 Return of licence if suspended or cancelled\n\nA person whose licence has been suspended or cancelled must return the licence to the chief executive within 14 days after the suspension or cancellation, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 80 ins 2002 No. 35 s 7","sortOrder":136},{"sectionNumber":"pt.5B-div.9","sectionType":"division","heading":"Action after suspension or cancellation of licence","content":"## Action after suspension or cancellation of licence","sortOrder":137},{"sectionNumber":"sec.81","sectionType":"section","heading":"What happens to cannabis plants and seed if licence suspended","content":"### sec.81 What happens to cannabis plants and seed if licence suspended\n\nThis section applies if the chief executive suspends a licensee’s licence under section 77 or 78 .\nWhile the licence is suspended, the licensee may, despite the suspension—\ncontinue to possess the cannabis plants and seed in the person’s possession on the day the licence is suspended (the suspension day ); and\nfor cannabis plants in the licensee’s possession on the suspension day—\ndo anything reasonably necessary to help the plants continue to grow; and\nharvest the plants and any seed on the plants; and\nsupply harvested cannabis seed to a person lawfully entitled to possess them.\nSubsection (2) does not authorise the doing of anything other than a thing mentioned in that subsection in relation to cannabis plants and seed in the licensee’s possession on the suspension day.\nNo compensation is payable by the State because of the suspension.\ns 81 ins 2002 No. 35 s 7\n(sec.81-ssec.1) This section applies if the chief executive suspends a licensee’s licence under section 77 or 78 .\n(sec.81-ssec.2) While the licence is suspended, the licensee may, despite the suspension— continue to possess the cannabis plants and seed in the person’s possession on the day the licence is suspended (the suspension day ); and for cannabis plants in the licensee’s possession on the suspension day— do anything reasonably necessary to help the plants continue to grow; and harvest the plants and any seed on the plants; and supply harvested cannabis seed to a person lawfully entitled to possess them.\n(sec.81-ssec.3) Subsection (2) does not authorise the doing of anything other than a thing mentioned in that subsection in relation to cannabis plants and seed in the licensee’s possession on the suspension day.\n(sec.81-ssec.4) No compensation is payable by the State because of the suspension.\n- (a) continue to possess the cannabis plants and seed in the person’s possession on the day the licence is suspended (the suspension day ); and\n- (b) for cannabis plants in the licensee’s possession on the suspension day— (i) do anything reasonably necessary to help the plants continue to grow; and (ii) harvest the plants and any seed on the plants; and\n- (i) do anything reasonably necessary to help the plants continue to grow; and\n- (ii) harvest the plants and any seed on the plants; and\n- (c) supply harvested cannabis seed to a person lawfully entitled to possess them.\n- (i) do anything reasonably necessary to help the plants continue to grow; and\n- (ii) harvest the plants and any seed on the plants; and","sortOrder":138},{"sectionNumber":"sec.82","sectionType":"section","heading":"What happens to cannabis plants if licence cancelled","content":"### sec.82 What happens to cannabis plants if licence cancelled\n\nThis section applies if—\nthe chief executive cancels a licensee’s licence under section 77 ; and\nthe licensee possesses cannabis plants.\nIf the cannabis plants can not be harvested, the chief executive may destroy the plants in the way the chief executive considers appropriate, including, for example, by ploughing them in or burning them.\nThe plants may be too small to harvest and ploughing them in or burning them may be the most appropriate way of destroying them.\nIt may be appropriate to burn plants because flooding may prevent the plants being harvested.\nHowever, if the cannabis plants can be harvested, the chief executive may—\nharvest the plants and any seed on the plants; and\nfor industrial cannabis seed—\ndenature the seed; or\nsupply the seed to a seed handler to denature the seed; or\nsupply processed cannabis to a person who may lawfully possess it; and\nfor research cannabis—supply the harvested material to a person who may lawfully possess it.\nFor giving effect to this section, the chief executive may—\nenter and re-enter the place stated in the cancelled licence as often as is reasonably necessary; and\nbring onto the place reasonably necessary help, machinery and other equipment.\nFor subsections (2) to (4) —\nthe chief executive is taken to hold a licence identical to the cancelled licence for the place stated in the cancelled licence; and\ncannabis plants in the possession of the former licensee immediately before the cancellation are taken to be in the chief executive’s possession and not the possession of the former licensee; and\nif—\nthe cancelled licence was a researcher licence; and\nunder the cancelled licence, class A or class B research cannabis is growing on land owned or leased by a grower as part of a field trial conducted under the supervision of a researcher;\nthe cannabis plants are taken to be in the chief executive’s possession and not in the possession of the grower or the former licensee.\nHowever, sections 50 (1) (b) and 51 (b) and (e) do not apply to the chief executive, other than to the extent necessary to allow—\ncannabis plants already growing on land to which the cancelled licence relates; or\nfor cannabis plants growing on land owned or leased by a grower, for a former licensee, cannabis plants growing on that land;\nto continue to grow until they can be destroyed or harvested.\nNo compensation is payable by the State because of the cancellation or because of the destruction of cannabis plants or seed under this section.\ns 82 ins 2002 No. 35 s 7\namd 2010 No. 42 s 37 sch ; 2018 No. 5 ss 109 , 126\n(sec.82-ssec.1) This section applies if— the chief executive cancels a licensee’s licence under section 77 ; and the licensee possesses cannabis plants.\n(sec.82-ssec.2) If the cannabis plants can not be harvested, the chief executive may destroy the plants in the way the chief executive considers appropriate, including, for example, by ploughing them in or burning them. The plants may be too small to harvest and ploughing them in or burning them may be the most appropriate way of destroying them. It may be appropriate to burn plants because flooding may prevent the plants being harvested.\n(sec.82-ssec.3) However, if the cannabis plants can be harvested, the chief executive may— harvest the plants and any seed on the plants; and for industrial cannabis seed— denature the seed; or supply the seed to a seed handler to denature the seed; or supply processed cannabis to a person who may lawfully possess it; and for research cannabis—supply the harvested material to a person who may lawfully possess it.\n(sec.82-ssec.4) For giving effect to this section, the chief executive may— enter and re-enter the place stated in the cancelled licence as often as is reasonably necessary; and bring onto the place reasonably necessary help, machinery and other equipment.\n(sec.82-ssec.5) For subsections (2) to (4) — the chief executive is taken to hold a licence identical to the cancelled licence for the place stated in the cancelled licence; and cannabis plants in the possession of the former licensee immediately before the cancellation are taken to be in the chief executive’s possession and not the possession of the former licensee; and if— the cancelled licence was a researcher licence; and under the cancelled licence, class A or class B research cannabis is growing on land owned or leased by a grower as part of a field trial conducted under the supervision of a researcher; the cannabis plants are taken to be in the chief executive’s possession and not in the possession of the grower or the former licensee.\n(sec.82-ssec.6) However, sections 50 (1) (b) and 51 (b) and (e) do not apply to the chief executive, other than to the extent necessary to allow— cannabis plants already growing on land to which the cancelled licence relates; or for cannabis plants growing on land owned or leased by a grower, for a former licensee, cannabis plants growing on that land; to continue to grow until they can be destroyed or harvested.\n(sec.82-ssec.7) No compensation is payable by the State because of the cancellation or because of the destruction of cannabis plants or seed under this section.\n- (a) the chief executive cancels a licensee’s licence under section 77 ; and\n- (b) the licensee possesses cannabis plants.\n- 1 The plants may be too small to harvest and ploughing them in or burning them may be the most appropriate way of destroying them.\n- 2 It may be appropriate to burn plants because flooding may prevent the plants being harvested.\n- (a) harvest the plants and any seed on the plants; and\n- (b) for industrial cannabis seed— (i) denature the seed; or (ii) supply the seed to a seed handler to denature the seed; or (iii) supply processed cannabis to a person who may lawfully possess it; and\n- (i) denature the seed; or\n- (ii) supply the seed to a seed handler to denature the seed; or\n- (iii) supply processed cannabis to a person who may lawfully possess it; and\n- (c) for research cannabis—supply the harvested material to a person who may lawfully possess it.\n- (i) denature the seed; or\n- (ii) supply the seed to a seed handler to denature the seed; or\n- (iii) supply processed cannabis to a person who may lawfully possess it; and\n- (a) enter and re-enter the place stated in the cancelled licence as often as is reasonably necessary; and\n- (b) bring onto the place reasonably necessary help, machinery and other equipment.\n- (a) the chief executive is taken to hold a licence identical to the cancelled licence for the place stated in the cancelled licence; and\n- (b) cannabis plants in the possession of the former licensee immediately before the cancellation are taken to be in the chief executive’s possession and not the possession of the former licensee; and\n- (c) if— (i) the cancelled licence was a researcher licence; and (ii) under the cancelled licence, class A or class B research cannabis is growing on land owned or leased by a grower as part of a field trial conducted under the supervision of a researcher; the cannabis plants are taken to be in the chief executive’s possession and not in the possession of the grower or the former licensee.\n- (i) the cancelled licence was a researcher licence; and\n- (ii) under the cancelled licence, class A or class B research cannabis is growing on land owned or leased by a grower as part of a field trial conducted under the supervision of a researcher;\n- (i) the cancelled licence was a researcher licence; and\n- (ii) under the cancelled licence, class A or class B research cannabis is growing on land owned or leased by a grower as part of a field trial conducted under the supervision of a researcher;\n- (a) cannabis plants already growing on land to which the cancelled licence relates; or\n- (b) for cannabis plants growing on land owned or leased by a grower, for a former licensee, cannabis plants growing on that land;","sortOrder":139},{"sectionNumber":"sec.83","sectionType":"section","heading":"What happens to cannabis seed if licence cancelled or renewal refused","content":"### sec.83 What happens to cannabis seed if licence cancelled or renewal refused\n\nThis section applies if—\nthe chief executive refuses to renew a licence under section 66 and the licensee possesses cannabis seed, other than harvested material under section 82 ; or\nthe chief executive cancels a licensee’s licence under section 77 .\nThe chief executive may—\nfor industrial cannabis seed—\ndenature the cannabis seed; or\nsupply the seed to a seed handler to denature the seed; or\nsupply the seed to a researcher, a grower, or a person authorised under a regulation under section 48 to possess industrial cannabis seed; or\nfor class A or class B research cannabis seed—supply the seed to a researcher, or a person authorised under a regulation under section 48 , who may possess the cannabis seed; or\ndestroy the seed.\nFor subsection (2) —\nthe chief executive is taken to hold a licence identical to the cancelled licence for the place stated in the cancelled licence; and\nthe cannabis seed in the possession of the former licensee immediately before the cancellation are taken to be in the chief executive’s possession and not the possession of the licensee; and\nif—\nthe cancelled licence was a researcher licence; and\nunder the cancelled licence, class A or class B research cannabis seed is in the possession of a grower for use for growing class A or class B research cannabis plants on land owned or leased by the grower as part of a field trial conducted under the supervision of a researcher;\nthe cannabis seed is taken to be in the chief executive’s possession and not in the possession of the grower or the former licensee.\nFor subsections (2) and (3) , the chief executive may—\nenter and re-enter the place stated in the cancelled licence as often as is reasonably necessary; and\nbring onto the place reasonably necessary machinery and other equipment; and\nopen anything in which the chief executive reasonably suspects cannabis seed may be kept; and\ninspect anything opened under paragraph (c) and seize any cannabis seed found.\nFor subsection (4) , the chief executive is taken to have the powers of an inspector who enters a place.\nNo compensation is payable by the State because of the destruction of the seed.\ns 83 ins 2002 No. 35 s 7\namd 2018 No. 5 ss 110 , 127\n(sec.83-ssec.1) This section applies if— the chief executive refuses to renew a licence under section 66 and the licensee possesses cannabis seed, other than harvested material under section 82 ; or the chief executive cancels a licensee’s licence under section 77 .\n(sec.83-ssec.2) The chief executive may— for industrial cannabis seed— denature the cannabis seed; or supply the seed to a seed handler to denature the seed; or supply the seed to a researcher, a grower, or a person authorised under a regulation under section 48 to possess industrial cannabis seed; or for class A or class B research cannabis seed—supply the seed to a researcher, or a person authorised under a regulation under section 48 , who may possess the cannabis seed; or destroy the seed.\n(sec.83-ssec.3) For subsection (2) — the chief executive is taken to hold a licence identical to the cancelled licence for the place stated in the cancelled licence; and the cannabis seed in the possession of the former licensee immediately before the cancellation are taken to be in the chief executive’s possession and not the possession of the licensee; and if— the cancelled licence was a researcher licence; and under the cancelled licence, class A or class B research cannabis seed is in the possession of a grower for use for growing class A or class B research cannabis plants on land owned or leased by the grower as part of a field trial conducted under the supervision of a researcher; the cannabis seed is taken to be in the chief executive’s possession and not in the possession of the grower or the former licensee.\n(sec.83-ssec.4) For subsections (2) and (3) , the chief executive may— enter and re-enter the place stated in the cancelled licence as often as is reasonably necessary; and bring onto the place reasonably necessary machinery and other equipment; and open anything in which the chief executive reasonably suspects cannabis seed may be kept; and inspect anything opened under paragraph (c) and seize any cannabis seed found.\n(sec.83-ssec.5) For subsection (4) , the chief executive is taken to have the powers of an inspector who enters a place.\n(sec.83-ssec.6) No compensation is payable by the State because of the destruction of the seed.\n- (a) the chief executive refuses to renew a licence under section 66 and the licensee possesses cannabis seed, other than harvested material under section 82 ; or\n- (b) the chief executive cancels a licensee’s licence under section 77 .\n- (a) for industrial cannabis seed— (i) denature the cannabis seed; or (ii) supply the seed to a seed handler to denature the seed; or (iii) supply the seed to a researcher, a grower, or a person authorised under a regulation under section 48 to possess industrial cannabis seed; or\n- (i) denature the cannabis seed; or\n- (ii) supply the seed to a seed handler to denature the seed; or\n- (iii) supply the seed to a researcher, a grower, or a person authorised under a regulation under section 48 to possess industrial cannabis seed; or\n- (b) for class A or class B research cannabis seed—supply the seed to a researcher, or a person authorised under a regulation under section 48 , who may possess the cannabis seed; or\n- (c) destroy the seed.\n- (i) denature the cannabis seed; or\n- (ii) supply the seed to a seed handler to denature the seed; or\n- (iii) supply the seed to a researcher, a grower, or a person authorised under a regulation under section 48 to possess industrial cannabis seed; or\n- (a) the chief executive is taken to hold a licence identical to the cancelled licence for the place stated in the cancelled licence; and\n- (b) the cannabis seed in the possession of the former licensee immediately before the cancellation are taken to be in the chief executive’s possession and not the possession of the licensee; and\n- (c) if— (i) the cancelled licence was a researcher licence; and (ii) under the cancelled licence, class A or class B research cannabis seed is in the possession of a grower for use for growing class A or class B research cannabis plants on land owned or leased by the grower as part of a field trial conducted under the supervision of a researcher; the cannabis seed is taken to be in the chief executive’s possession and not in the possession of the grower or the former licensee.\n- (i) the cancelled licence was a researcher licence; and\n- (ii) under the cancelled licence, class A or class B research cannabis seed is in the possession of a grower for use for growing class A or class B research cannabis plants on land owned or leased by the grower as part of a field trial conducted under the supervision of a researcher;\n- (i) the cancelled licence was a researcher licence; and\n- (ii) under the cancelled licence, class A or class B research cannabis seed is in the possession of a grower for use for growing class A or class B research cannabis plants on land owned or leased by the grower as part of a field trial conducted under the supervision of a researcher;\n- (a) enter and re-enter the place stated in the cancelled licence as often as is reasonably necessary; and\n- (b) bring onto the place reasonably necessary machinery and other equipment; and\n- (c) open anything in which the chief executive reasonably suspects cannabis seed may be kept; and\n- (d) inspect anything opened under paragraph (c) and seize any cannabis seed found.","sortOrder":140},{"sectionNumber":"sec.84","sectionType":"section","heading":"Cost recovery","content":"### sec.84 Cost recovery\n\nThe chief executive may recover the cost incurred by the chief executive under section 82 or 83 as a debt payable to the State by the former licensee.\nFor subsection (1) , the chief executive may recover the costs from the proceeds of the sale of harvested material under section 82 or cannabis seed under section 83 .\nHowever, if the proceeds are more than the costs, the chief executive must pay any balance to the former licensee.\nDespite subsection (3) , if before the proceeds are paid, the chief executive becomes aware that the proceeds may be subject to an application for forfeiture of tainted property under the Criminal Proceeds Confiscation Act 2002 , the chief executive must not pay the proceeds to the former licensee unless no order for forfeiture is made under that Act.\nAlso, if the chief executive becomes aware that the harvested material is subject to a security interest that has not been satisfied, the chief executive must pay any balance—\nfirst, in satisfaction of the security interest; and\nthen, to the former licensee.\nIn this section—\nsecurity interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\ns 84 ins 2002 No. 35 s 7\namd 2002 No. 68 s 339 sch 4 ; 2010 No. 44 s 178\n(sec.84-ssec.1) The chief executive may recover the cost incurred by the chief executive under section 82 or 83 as a debt payable to the State by the former licensee.\n(sec.84-ssec.2) For subsection (1) , the chief executive may recover the costs from the proceeds of the sale of harvested material under section 82 or cannabis seed under section 83 .\n(sec.84-ssec.3) However, if the proceeds are more than the costs, the chief executive must pay any balance to the former licensee.\n(sec.84-ssec.4) Despite subsection (3) , if before the proceeds are paid, the chief executive becomes aware that the proceeds may be subject to an application for forfeiture of tainted property under the Criminal Proceeds Confiscation Act 2002 , the chief executive must not pay the proceeds to the former licensee unless no order for forfeiture is made under that Act.\n(sec.84-ssec.5) Also, if the chief executive becomes aware that the harvested material is subject to a security interest that has not been satisfied, the chief executive must pay any balance— first, in satisfaction of the security interest; and then, to the former licensee.\n(sec.84-ssec.6) In this section— security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\n- (a) first, in satisfaction of the security interest; and\n- (b) then, to the former licensee.","sortOrder":141},{"sectionNumber":"pt.5B-div.10","sectionType":"division","heading":"Review of decisions by QCAT","content":"## Review of decisions by QCAT","sortOrder":142},{"sectionNumber":"sec.85","sectionType":"section","heading":"Application for review","content":"### sec.85 Application for review\n\nA person who is dissatisfied with a decision of the chief executive under this part may apply, as provided under the QCAT Act, to QCAT for a review of the decision.\nThe chief executive must give a person an information notice for a decision only if this Act so requires.\ns 85 ins 2002 No. 35 s 7\nsub 2009 No. 24 s 425\n(sec.85-ssec.1) A person who is dissatisfied with a decision of the chief executive under this part may apply, as provided under the QCAT Act, to QCAT for a review of the decision.\n(sec.85-ssec.2) The chief executive must give a person an information notice for a decision only if this Act so requires.","sortOrder":143},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 ins 2002 No. 35 s 7\nom 2009 No. 24 s 425","sortOrder":144},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 ins 2002 No. 35 s 7\nom 2009 No. 24 s 425","sortOrder":145},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 ins 2002 No. 35 s 7\nom 2009 No. 24 s 425","sortOrder":146},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 ins 2002 No. 35 s 7\nom 2009 No. 24 s 425","sortOrder":147},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 ins 2002 No. 35 s 7\nom 2009 No. 24 s 425","sortOrder":148},{"sectionNumber":"pt.5B-div.11","sectionType":"division","heading":"Appointment of inspectors","content":"## Appointment of inspectors","sortOrder":149},{"sectionNumber":"sec.91","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.91 Appointment and qualifications\n\nThe chief executive may appoint any of the following as an inspector—\na public service employee employed in the department;\nanother person engaged by the chief executive for the purposes of this division.\nHowever, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\ns 91 ins 2002 No. 35 s 7\n(sec.91-ssec.1) The chief executive may appoint any of the following as an inspector— a public service employee employed in the department; another person engaged by the chief executive for the purposes of this division.\n(sec.91-ssec.2) However, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n- (a) a public service employee employed in the department;\n- (b) another person engaged by the chief executive for the purposes of this division.","sortOrder":150},{"sectionNumber":"sec.92","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.92 Appointment conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\ns 92 ins 2002 No. 35 s 7\n(sec.92-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.92-ssec.2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\n(sec.92-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.","sortOrder":151},{"sectionNumber":"sec.92A","sectionType":"section","heading":"Functions of inspectors","content":"### sec.92A Functions of inspectors\n\nAn inspector has the following functions—\nto investigate, monitor and enforce compliance with this part;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under this part;\nto facilitate the exercise of powers under this part.\nSubject to this part, an inspector may exercise the powers under this part for the purpose of these functions.\ns 92A ins 2018 No. 5 s 111\n(sec.92A-ssec.1) An inspector has the following functions— to investigate, monitor and enforce compliance with this part; to investigate or monitor whether an occasion has arisen for the exercise of powers under this part; to facilitate the exercise of powers under this part.\n(sec.92A-ssec.2) Subject to this part, an inspector may exercise the powers under this part for the purpose of these functions.\n- (a) to investigate, monitor and enforce compliance with this part;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this part;\n- (c) to facilitate the exercise of powers under this part.","sortOrder":152},{"sectionNumber":"sec.93","sectionType":"section","heading":"Issue of identity card","content":"### sec.93 Issue of identity card\n\nThe chief executive must issue an identity card to each inspector.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 93 ins 2002 No. 35 s 7\n(sec.93-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.93-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n(sec.93-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":153},{"sectionNumber":"sec.94","sectionType":"section","heading":"Production or display of identity card","content":"### sec.94 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an inspector must—\nproduce the inspector’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 98 (1) (b) or (2) .\ns 94 ins 2002 No. 35 s 7\n(sec.94-ssec.1) In exercising a power under this Act in relation to a person, an inspector must— produce the inspector’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.94-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.94-ssec.3) For subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 98 (1) (b) or (2) .\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":154},{"sectionNumber":"sec.95","sectionType":"section","heading":"When inspector ceases to hold office","content":"### sec.95 When inspector ceases to hold office\n\nAn inspector ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the inspector ceases to hold office;\nthe inspector’s resignation under section 96 takes effect.\nSubsection (1) does not limit the ways an inspector may cease to hold office.\nIn this section—\ncondition of office means a condition on which the inspector holds office.\ns 95 ins 2002 No. 35 s 7\n(sec.95-ssec.1) An inspector ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the inspector ceases to hold office; the inspector’s resignation under section 96 takes effect.\n(sec.95-ssec.2) Subsection (1) does not limit the ways an inspector may cease to hold office.\n(sec.95-ssec.3) In this section— condition of office means a condition on which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the inspector ceases to hold office;\n- (c) the inspector’s resignation under section 96 takes effect.","sortOrder":155},{"sectionNumber":"sec.96","sectionType":"section","heading":"Resignation","content":"### sec.96 Resignation\n\nAn inspector may resign by signed notice given to the chief executive.\nHowever, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.\ns 96 ins 2002 No. 35 s 7\n(sec.96-ssec.1) An inspector may resign by signed notice given to the chief executive.\n(sec.96-ssec.2) However, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.","sortOrder":156},{"sectionNumber":"sec.97","sectionType":"section","heading":"Return of identity card","content":"### sec.97 Return of identity card\n\nA person who ceases to be an inspector must return the person’s identity card to the chief executive within 21 days after ceasing to be an inspector unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\ns 97 ins 2002 No. 35 s 7","sortOrder":157},{"sectionNumber":"pt.5B-div.12","sectionType":"division","heading":"Powers of inspectors","content":"## Powers of inspectors","sortOrder":158},{"sectionNumber":"sec.98","sectionType":"section","heading":"Power of entry","content":"### sec.98 Power of entry\n\nAn inspector may enter and stay at a place if—\nits occupier consents to the entry; or\nthe inspector reasonably suspects any delay in entering the place will result in the concealment or destruction of anything at the place that is—\nevidence of an offence against this Act; or\nbeing used to commit, continue or repeat, an offence.\nFor the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\ns 98 ins 2002 No. 35 s 7\n(sec.98-ssec.1) An inspector may enter and stay at a place if— its occupier consents to the entry; or the inspector reasonably suspects any delay in entering the place will result in the concealment or destruction of anything at the place that is— evidence of an offence against this Act; or being used to commit, continue or repeat, an offence.\n(sec.98-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) its occupier consents to the entry; or\n- (b) the inspector reasonably suspects any delay in entering the place will result in the concealment or destruction of anything at the place that is— (i) evidence of an offence against this Act; or (ii) being used to commit, continue or repeat, an offence.\n- (i) evidence of an offence against this Act; or\n- (ii) being used to commit, continue or repeat, an offence.\n- (i) evidence of an offence against this Act; or\n- (ii) being used to commit, continue or repeat, an offence.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":159},{"sectionNumber":"sec.99","sectionType":"section","heading":"Procedure for entry with consent","content":"### sec.99 Procedure for entry with consent\n\nThis section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 98 (1) (a) .\nBefore asking for the consent, the inspector must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the inspector or another inspector consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the inspector must promptly give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 99 ins 2002 No. 35 s 7\n(sec.99-ssec.1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 98 (1) (a) .\n(sec.99-ssec.2) Before asking for the consent, the inspector must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.99-ssec.3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\n(sec.99-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the inspector or another inspector consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.99-ssec.5) If the occupier signs the acknowledgement, the inspector must promptly give a copy to the occupier.\n(sec.99-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the inspector or another inspector consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;","sortOrder":160},{"sectionNumber":"sec.100","sectionType":"section","heading":"Procedure for other entries","content":"### sec.100 Procedure for other entries\n\nThis section applies if—\nan inspector is intending to enter, under section 98 (1) (b) , a place; and\nthe occupier of the place is present at the place.\nBefore entering the place, the inspector must do, or make a reasonable attempt to do, the following things—\ntell the occupier the purpose of the entry;\ntell the occupier the inspector is permitted under this Act to enter the place without the occupier’s consent.\ns 100 ins 2002 No. 35 s 7\n(sec.100-ssec.1) This section applies if— an inspector is intending to enter, under section 98 (1) (b) , a place; and the occupier of the place is present at the place.\n(sec.100-ssec.2) Before entering the place, the inspector must do, or make a reasonable attempt to do, the following things— tell the occupier the purpose of the entry; tell the occupier the inspector is permitted under this Act to enter the place without the occupier’s consent.\n- (a) an inspector is intending to enter, under section 98 (1) (b) , a place; and\n- (b) the occupier of the place is present at the place.\n- (a) tell the occupier the purpose of the entry;\n- (b) tell the occupier the inspector is permitted under this Act to enter the place without the occupier’s consent.","sortOrder":161},{"sectionNumber":"sec.101","sectionType":"section","heading":"General powers","content":"### sec.101 General powers\n\nThe inspector may do any of the following at a place entered under this part—\nexamine or inspect, or film, photograph, videotape or otherwise record an image of, a document or other thing at the place;\ntake a sample of or from a thing at the place for analysis or testing;\ncopy a document at the place;\ntake into the place the equipment, materials or persons the inspector reasonably requires for exercising a power under this part;\ntake a necessary step to allow a power under paragraphs (a) to (d) to be exercised.\ns 101 ins 2002 No. 35 s 7\n- (a) examine or inspect, or film, photograph, videotape or otherwise record an image of, a document or other thing at the place;\n- (b) take a sample of or from a thing at the place for analysis or testing;\n- (c) copy a document at the place;\n- (d) take into the place the equipment, materials or persons the inspector reasonably requires for exercising a power under this part;\n- (e) take a necessary step to allow a power under paragraphs (a) to (d) to be exercised.","sortOrder":162},{"sectionNumber":"sec.101A","sectionType":"section","heading":"Use of body-worn cameras","content":"### sec.101A Use of body-worn cameras\n\nIt is lawful for an inspector to use a body-worn camera to record images or sounds while the inspector is exercising a power under this division.\nUse of a body-worn camera by an inspector under subsection (1) includes use that is—\ninadvertent or unexpected; or\nincidental to use while exercising the inspector’s power.\nSubsection (1) does not affect an ability the inspector has at common law or under another Act to record images or sounds.\nTo remove any doubt, it is declared that subsection (1) is a provision authorising the use by an inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\nIn this section—\nbody-worn camera means a device—\nworn on clothing or otherwise secured on a person; and\ndesigned to be used to—\nrecord images; or\nrecord images and sounds.\ns 101A ins 2020 No. 3 s 75\n(sec.101A-ssec.1) It is lawful for an inspector to use a body-worn camera to record images or sounds while the inspector is exercising a power under this division.\n(sec.101A-ssec.2) Use of a body-worn camera by an inspector under subsection (1) includes use that is— inadvertent or unexpected; or incidental to use while exercising the inspector’s power.\n(sec.101A-ssec.3) Subsection (1) does not affect an ability the inspector has at common law or under another Act to record images or sounds.\n(sec.101A-ssec.4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\n(sec.101A-ssec.5) In this section— body-worn camera means a device— worn on clothing or otherwise secured on a person; and designed to be used to— record images; or record images and sounds.\n- (a) inadvertent or unexpected; or\n- (b) incidental to use while exercising the inspector’s power.\n- (a) worn on clothing or otherwise secured on a person; and\n- (b) designed to be used to— (i) record images; or (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.","sortOrder":163},{"sectionNumber":"sec.102","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.102 Power to require reasonable help\n\nThe inspector may require ( help requirement ) a person at a place entered under this part to give the inspector reasonable help to exercise a power under this part, including, for example to produce a document or give information.\nWhen making a help requirement, the inspector must warn the person it is an offence to fail to comply with the requirement and the penalty for the offence.\ns 102 ins 2002 No. 35 s 7\n(sec.102-ssec.1) The inspector may require ( help requirement ) a person at a place entered under this part to give the inspector reasonable help to exercise a power under this part, including, for example to produce a document or give information.\n(sec.102-ssec.2) When making a help requirement, the inspector must warn the person it is an offence to fail to comply with the requirement and the penalty for the offence.","sortOrder":164},{"sectionNumber":"sec.103","sectionType":"section","heading":"Failure to comply with help requirement","content":"### sec.103 Failure to comply with help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying with the requirement might tend to incriminate the person.\nHowever, subsection (2) does not apply if the requirement is to produce a document required to be held or kept by the person under this Act.\ns 103 ins 2002 No. 35 s 7\n(sec.103-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.103-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying with the requirement might tend to incriminate the person.\n(sec.103-ssec.3) However, subsection (2) does not apply if the requirement is to produce a document required to be held or kept by the person under this Act.","sortOrder":165},{"sectionNumber":"sec.104","sectionType":"section","heading":"Power to require information about contravention","content":"### sec.104 Power to require information about contravention\n\nThis section applies if an inspector reasonably suspects—\nthis Act has been contravened; and\na person may be able to give information about the contravention.\nThe inspector may require ( information requirement ) the person to give information in the person’s knowledge about the contravention in a stated reasonable time and in a stated reasonable way.\nWhen making an information requirement, the inspector must tell the person it is an offence to fail to comply with the requirement and the penalty for the offence.\ns 104 ins 2002 No. 35 s 7\n(sec.104-ssec.1) This section applies if an inspector reasonably suspects— this Act has been contravened; and a person may be able to give information about the contravention.\n(sec.104-ssec.2) The inspector may require ( information requirement ) the person to give information in the person’s knowledge about the contravention in a stated reasonable time and in a stated reasonable way.\n(sec.104-ssec.3) When making an information requirement, the inspector must tell the person it is an offence to fail to comply with the requirement and the penalty for the offence.\n- (a) this Act has been contravened; and\n- (b) a person may be able to give information about the contravention.","sortOrder":166},{"sectionNumber":"sec.105","sectionType":"section","heading":"Failure to comply with information requirement","content":"### sec.105 Failure to comply with information requirement\n\nA person of whom an information requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse—\nfor an individual not to give information if giving the information might tend to incriminate the person; or\nif the information sought by the requirement is not in fact relevant to the contravention for which it was made.\ns 105 ins 2002 No. 35 s 7\n(sec.105-ssec.1) A person of whom an information requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.105-ssec.2) It is a reasonable excuse— for an individual not to give information if giving the information might tend to incriminate the person; or if the information sought by the requirement is not in fact relevant to the contravention for which it was made.\n- (a) for an individual not to give information if giving the information might tend to incriminate the person; or\n- (b) if the information sought by the requirement is not in fact relevant to the contravention for which it was made.","sortOrder":167},{"sectionNumber":"sec.106","sectionType":"section","heading":"False or misleading statements","content":"### sec.106 False or misleading statements\n\nA person must not state anything to an inspector that the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) applies even if the statement was not made in response to, or in purported compliance with, an information requirement or another specific requirement under a specific power.\ns 106 ins 2002 No. 35 s 7\n(sec.106-ssec.1) A person must not state anything to an inspector that the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.106-ssec.2) Subsection (1) applies even if the statement was not made in response to, or in purported compliance with, an information requirement or another specific requirement under a specific power.","sortOrder":168},{"sectionNumber":"sec.107","sectionType":"section","heading":"Power to require production of documents","content":"### sec.107 Power to require production of documents\n\nAn inspector may require ( document production requirement ) a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a stated reasonable time and place, a document—\nrequired to be held or kept by the person under this Act; or\nin the person’s possession and about a stated matter relating to this Act.\nThe inspector may keep the document to copy it.\nThe inspector must return the document to the person as soon as practicable after copying it.\ns 107 ins 2002 No. 35 s 7\n(sec.107-ssec.1) An inspector may require ( document production requirement ) a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a stated reasonable time and place, a document— required to be held or kept by the person under this Act; or in the person’s possession and about a stated matter relating to this Act.\n(sec.107-ssec.2) The inspector may keep the document to copy it.\n(sec.107-ssec.3) The inspector must return the document to the person as soon as practicable after copying it.\n- (a) required to be held or kept by the person under this Act; or\n- (b) in the person’s possession and about a stated matter relating to this Act.","sortOrder":169},{"sectionNumber":"sec.108","sectionType":"section","heading":"Failure to comply with document production requirement","content":"### sec.108 Failure to comply with document production requirement\n\nA person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a document production requirement if complying with the requirement might tend to incriminate the person.\nHowever, subsection (2) does not apply if the document is required to be held or kept by the person under this Act.\ns 108 ins 2002 No. 35 s 7\n(sec.108-ssec.1) A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.108-ssec.2) It is a reasonable excuse for an individual not to comply with a document production requirement if complying with the requirement might tend to incriminate the person.\n(sec.108-ssec.3) However, subsection (2) does not apply if the document is required to be held or kept by the person under this Act.","sortOrder":170},{"sectionNumber":"sec.109","sectionType":"section","heading":"False or misleading documents","content":"### sec.109 False or misleading documents\n\nA person must not give an inspector a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) applies even if the document was not given in response to, or in purported compliance with, a document production, information or another specific requirement under another specific power.\ns 109 ins 2002 No. 35 s 7\n(sec.109-ssec.1) A person must not give an inspector a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.109-ssec.2) Subsection (1) applies even if the document was not given in response to, or in purported compliance with, a document production, information or another specific requirement under another specific power.","sortOrder":171},{"sectionNumber":"sec.110","sectionType":"section","heading":"Obstruction of inspectors","content":"### sec.110 Obstruction of inspectors\n\nA person must not obstruct an inspector in the exercise of a power under this part, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\ns 110 ins 2002 No. 35 s 7","sortOrder":172},{"sectionNumber":"pt.5B-div.12A","sectionType":"division","heading":"Compliance notices","content":"## Compliance notices","sortOrder":173},{"sectionNumber":"sec.110A","sectionType":"section","heading":"Giving a compliance notice","content":"### sec.110A Giving a compliance notice\n\nThis section applies if the chief executive or an inspector reasonably believes—\na person (the contravener ) has contravened a condition of a relevant authority in circumstances that make it likely the contravention will continue or be repeated; and\na matter relating to the contravention is reasonably capable of being rectified; and\nit is appropriate to give the contravener an opportunity to rectify the matter.\nThe chief executive or inspector may give the contravener a notice (a compliance notice ) requiring the contravener to rectify the matter.\nFailure to comply with a compliance notice is an offence under section 110C .\ns 110A ins 2018 No. 5 s 112\n(sec.110A-ssec.1) This section applies if the chief executive or an inspector reasonably believes— a person (the contravener ) has contravened a condition of a relevant authority in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention is reasonably capable of being rectified; and it is appropriate to give the contravener an opportunity to rectify the matter.\n(sec.110A-ssec.2) The chief executive or inspector may give the contravener a notice (a compliance notice ) requiring the contravener to rectify the matter. Failure to comply with a compliance notice is an offence under section 110C .\n- (a) a person (the contravener ) has contravened a condition of a relevant authority in circumstances that make it likely the contravention will continue or be repeated; and\n- (b) a matter relating to the contravention is reasonably capable of being rectified; and\n- (c) it is appropriate to give the contravener an opportunity to rectify the matter.","sortOrder":174},{"sectionNumber":"sec.110B","sectionType":"section","heading":"Content of compliance notice","content":"### sec.110B Content of compliance notice\n\nThe compliance notice must state the following—\nthat the chief executive or inspector reasonably believes the contravener has contravened a condition of a relevant authority in circumstances that make it likely the contravention will continue or be repeated;\nthe condition the chief executive or inspector believes has been contravened;\nbriefly, how it is believed the condition has been contravened;\nthe matter relating to the contravention that the chief executive or inspector believes is reasonably capable of being rectified;\nthe reasonable steps the contravener must take to rectify the matter;\nthat the contravener must take the steps within a stated period that is reasonable;\nthat it is an offence to fail to comply with the compliance notice unless the contravener has a reasonable excuse.\nThe compliance notice must be accompanied by, or include, an information notice for the decision of the chief executive or inspector to give the compliance notice.\ns 110B ins 2018 No. 5 s 112\n(sec.110B-ssec.1) The compliance notice must state the following— that the chief executive or inspector reasonably believes the contravener has contravened a condition of a relevant authority in circumstances that make it likely the contravention will continue or be repeated; the condition the chief executive or inspector believes has been contravened; briefly, how it is believed the condition has been contravened; the matter relating to the contravention that the chief executive or inspector believes is reasonably capable of being rectified; the reasonable steps the contravener must take to rectify the matter; that the contravener must take the steps within a stated period that is reasonable; that it is an offence to fail to comply with the compliance notice unless the contravener has a reasonable excuse.\n(sec.110B-ssec.2) The compliance notice must be accompanied by, or include, an information notice for the decision of the chief executive or inspector to give the compliance notice.\n- (a) that the chief executive or inspector reasonably believes the contravener has contravened a condition of a relevant authority in circumstances that make it likely the contravention will continue or be repeated;\n- (b) the condition the chief executive or inspector believes has been contravened;\n- (c) briefly, how it is believed the condition has been contravened;\n- (d) the matter relating to the contravention that the chief executive or inspector believes is reasonably capable of being rectified;\n- (e) the reasonable steps the contravener must take to rectify the matter;\n- (f) that the contravener must take the steps within a stated period that is reasonable;\n- (g) that it is an offence to fail to comply with the compliance notice unless the contravener has a reasonable excuse.","sortOrder":175},{"sectionNumber":"sec.110C","sectionType":"section","heading":"Offence for failure to comply with compliance notice","content":"### sec.110C Offence for failure to comply with compliance notice\n\nA person given a compliance notice must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 110C ins 2018 No. 5 s 112","sortOrder":176},{"sectionNumber":"pt.5B-div.12B","sectionType":"division","heading":"Information sharing","content":"## Information sharing","sortOrder":177},{"sectionNumber":"sec.110CA","sectionType":"section","heading":"Exchanging information with relevant entity","content":"### sec.110CA Exchanging information with relevant entity\n\nThe chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant entity for the purposes of sharing or exchanging the following information—\ninformation held by the chief executive or the relevant entity;\ninformation to which the chief executive or the relevant entity has access.\nAn information-sharing arrangement under subsection (1) may relate only to—\ninformation held by the chief executive under part 5B ; or\ninformation that helps—\nthe chief executive to perform the chief executive’s functions under part 5B ; or\nthe relevant entity perform the entity’s functions under a law of the State, another State or the Commonwealth.\nUnder an information-sharing arrangement, the chief executive and the relevant entity are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nDespite subsections (1) to (3) —\nthe chief executive must not share or exchange, under an information-sharing arrangement, information contained in a report about a person’s criminal history; and\nthe chief executive or the relevant entity may use information received under an information-sharing arrangement only for the purpose for which the information was given under the arrangement.\nIn this section—\nrelevant entity means—\nthe commissioner of the police service; or\nthe chief executive of a department; or\nan entity of, or representing, the Commonwealth or another State.\ns 110CA ins 2024 No. 17 s 126\n(sec.110CA-ssec.1) The chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant entity for the purposes of sharing or exchanging the following information— information held by the chief executive or the relevant entity; information to which the chief executive or the relevant entity has access.\n(sec.110CA-ssec.2) An information-sharing arrangement under subsection (1) may relate only to— information held by the chief executive under part 5B ; or information that helps— the chief executive to perform the chief executive’s functions under part 5B ; or the relevant entity perform the entity’s functions under a law of the State, another State or the Commonwealth.\n(sec.110CA-ssec.3) Under an information-sharing arrangement, the chief executive and the relevant entity are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.110CA-ssec.4) Despite subsections (1) to (3) — the chief executive must not share or exchange, under an information-sharing arrangement, information contained in a report about a person’s criminal history; and the chief executive or the relevant entity may use information received under an information-sharing arrangement only for the purpose for which the information was given under the arrangement.\n(sec.110CA-ssec.5) In this section— relevant entity means— the commissioner of the police service; or the chief executive of a department; or an entity of, or representing, the Commonwealth or another State.\n- (a) information held by the chief executive or the relevant entity;\n- (b) information to which the chief executive or the relevant entity has access.\n- (a) information held by the chief executive under part 5B ; or\n- (b) information that helps— (i) the chief executive to perform the chief executive’s functions under part 5B ; or (ii) the relevant entity perform the entity’s functions under a law of the State, another State or the Commonwealth.\n- (i) the chief executive to perform the chief executive’s functions under part 5B ; or\n- (ii) the relevant entity perform the entity’s functions under a law of the State, another State or the Commonwealth.\n- (i) the chief executive to perform the chief executive’s functions under part 5B ; or\n- (ii) the relevant entity perform the entity’s functions under a law of the State, another State or the Commonwealth.\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.\n- (a) the chief executive must not share or exchange, under an information-sharing arrangement, information contained in a report about a person’s criminal history; and\n- (b) the chief executive or the relevant entity may use information received under an information-sharing arrangement only for the purpose for which the information was given under the arrangement.\n- (a) the commissioner of the police service; or\n- (b) the chief executive of a department; or\n- (c) an entity of, or representing, the Commonwealth or another State.","sortOrder":178},{"sectionNumber":"pt.5B-div.13","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":179},{"sectionNumber":"sec.110D","sectionType":"section","heading":"Offence for failure to comply with conditions","content":"### sec.110D Offence for failure to comply with conditions\n\nThe holder of a relevant authority must comply with the conditions of the authority, unless the holder has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 110D ins 2018 No. 5 s 113","sortOrder":180},{"sectionNumber":"sec.110E","sectionType":"section","heading":"Record requirements","content":"### sec.110E Record requirements\n\nA regulation, a condition of a relevant authority, or the chief executive by notice given to the holder of a relevant authority, may require (a record requirement ) the holder of a relevant authority to do any of the following—\nrecord stated information (the required information ) relating to activities conducted by the holder under the relevant authority;\nkeep the required information in a stated way or at a stated place or for a stated period;\ngive the chief executive or another stated person the required information in a stated way or at stated intervals or times.\nThe holder of a relevant authority must comply with the requirement unless the holder has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA holder of a relevant authority who is required to create a record under a record requirement must ensure the record does not contain information the holder knows or ought reasonably to know is false, misleading or incomplete in a material particular, unless the holder has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 110E ins 2018 No. 5 s 113\n(sec.110E-ssec.1) A regulation, a condition of a relevant authority, or the chief executive by notice given to the holder of a relevant authority, may require (a record requirement ) the holder of a relevant authority to do any of the following— record stated information (the required information ) relating to activities conducted by the holder under the relevant authority; keep the required information in a stated way or at a stated place or for a stated period; give the chief executive or another stated person the required information in a stated way or at stated intervals or times.\n(sec.110E-ssec.2) The holder of a relevant authority must comply with the requirement unless the holder has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.110E-ssec.3) A holder of a relevant authority who is required to create a record under a record requirement must ensure the record does not contain information the holder knows or ought reasonably to know is false, misleading or incomplete in a material particular, unless the holder has a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) record stated information (the required information ) relating to activities conducted by the holder under the relevant authority;\n- (b) keep the required information in a stated way or at a stated place or for a stated period;\n- (c) give the chief executive or another stated person the required information in a stated way or at stated intervals or times.","sortOrder":181},{"sectionNumber":"sec.110F","sectionType":"section","heading":"Notification requirements","content":"### sec.110F Notification requirements\n\nA regulation, a condition of a relevant authority, or the chief executive by notice given to the holder of a relevant authority, may require (a notification requirement ) the holder to notify the chief executive or another stated person, in a stated way or at stated intervals or times, of stated information relating to activities conducted by the holder under the relevant authority.\nThe holder of a relevant authority must comply with the requirement unless the holder has a reasonable excuse.\nMaximum penalty—50 penalty units.\nFor subsection (2) , it is a reasonable excuse for an individual not to comply with a notification requirement if the stated information might tend to incriminate the person.\nHowever, subsection (3) does not apply if a record, containing the stated information, is required to be held or kept by the person under this Act.\nA holder of a relevant authority who is required to notify the chief executive or another person under a notification requirement must not give the chief executive or the other person information the holder knows or ought reasonably to know is false, misleading or incomplete in a material particular, unless the holder has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 110F ins 2018 No. 5 s 113\n(sec.110F-ssec.1) A regulation, a condition of a relevant authority, or the chief executive by notice given to the holder of a relevant authority, may require (a notification requirement ) the holder to notify the chief executive or another stated person, in a stated way or at stated intervals or times, of stated information relating to activities conducted by the holder under the relevant authority.\n(sec.110F-ssec.2) The holder of a relevant authority must comply with the requirement unless the holder has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.110F-ssec.3) For subsection (2) , it is a reasonable excuse for an individual not to comply with a notification requirement if the stated information might tend to incriminate the person.\n(sec.110F-ssec.4) However, subsection (3) does not apply if a record, containing the stated information, is required to be held or kept by the person under this Act.\n(sec.110F-ssec.5) A holder of a relevant authority who is required to notify the chief executive or another person under a notification requirement must not give the chief executive or the other person information the holder knows or ought reasonably to know is false, misleading or incomplete in a material particular, unless the holder has a reasonable excuse. Maximum penalty—50 penalty units.","sortOrder":182},{"sectionNumber":"sec.110G","sectionType":"section","heading":"Monitoring fees","content":"### sec.110G Monitoring fees\n\nA regulation may prescribe 1 or more fees (each a monitoring fee ) for the monitoring of activities performed under a relevant authority.\nThe chief executive may decide whether or not to impose a particular monitoring fee on a particular holder of a relevant authority.\nA fee prescribed under subsection (1) in relation to a monitoring activity must not be more than the reasonable costs of the monitoring activity.\ns 110G ins 2018 No. 5 s 128\n(sec.110G-ssec.1) A regulation may prescribe 1 or more fees (each a monitoring fee ) for the monitoring of activities performed under a relevant authority.\n(sec.110G-ssec.2) The chief executive may decide whether or not to impose a particular monitoring fee on a particular holder of a relevant authority.\n(sec.110G-ssec.3) A fee prescribed under subsection (1) in relation to a monitoring activity must not be more than the reasonable costs of the monitoring activity.","sortOrder":183},{"sectionNumber":"sec.111","sectionType":"section","heading":"Requirement to report loss or theft of controlled substance","content":"### sec.111 Requirement to report loss or theft of controlled substance\n\nThis section applies to a licensee who—\nowns a cannabis plant or cannabis seed; or\nhas possession of a cannabis plant or cannabis seed for a purpose authorised under this part.\nIf the cannabis plant or cannabis seed is lost or stolen, the person must report the loss or theft of the plant or seed to a police officer within 2 days after the person finds out about it.\nMaximum penalty—\nfor a first offence—20 penalty units; or\nfor a second or later offence—40 penalty units.\ns 111 ins 2002 No. 35 s 7\nreloc 2006 No. 48 s 22 sch\n(sec.111-ssec.1) This section applies to a licensee who— owns a cannabis plant or cannabis seed; or has possession of a cannabis plant or cannabis seed for a purpose authorised under this part.\n(sec.111-ssec.2) If the cannabis plant or cannabis seed is lost or stolen, the person must report the loss or theft of the plant or seed to a police officer within 2 days after the person finds out about it. Maximum penalty— for a first offence—20 penalty units; or for a second or later offence—40 penalty units.\n- (a) owns a cannabis plant or cannabis seed; or\n- (b) has possession of a cannabis plant or cannabis seed for a purpose authorised under this part.\n- (a) for a first offence—20 penalty units; or\n- (b) for a second or later offence—40 penalty units.","sortOrder":184},{"sectionNumber":"sec.112","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.112 Responsibility for acts or omissions of representatives\n\nSubsections (2) and (3) apply in a proceeding for an offence against this part.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is sufficient to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nof a corporation—an executive officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\ns 112 ins 2002 No. 35 s 7\n(sec.112-ssec.1) Subsections (2) and (3) apply in a proceeding for an offence against this part.\n(sec.112-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is sufficient to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.112-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.112-ssec.4) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) of a corporation—an executive officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":185},{"sectionNumber":"sec.113","sectionType":"section","heading":"Confidentiality of information","content":"### sec.113 Confidentiality of information\n\nThis section applies to a person who—\nis, or has been, any of the following—\nthe chief executive;\nan inspector;\nanother person involved in administering this Act, including, for example, a public service employee; and\nobtains confidential information about another person in administering, or performing functions or exercising powers under, this part.\nThe person must not use or disclose the confidential information unless the use or disclosure is—\nin the performance of a function or exercise of a power under this Act; or\nwith the consent of the person to whom the information relates; or\notherwise required or permitted by law.\nMaximum penalty—50 penalty units.\nIn this section—\nconfidential information —\nmeans any information that—\ncould identify an individual; or\nis about a person’s current financial position or financial background; or\nwould be likely to damage the commercial activities of a person to whom the information relates; but\ndoes not include—\ninformation that is publicly available; or\nstatistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\ns 113 prev s 113 ins 2002 No. 35 s 7\namd 2007 No. 37 s 162 sch\nom 2013 No. 51 s 35\npres s 113 ins 2020 No. 3 s 76\n(sec.113-ssec.1) This section applies to a person who— is, or has been, any of the following— the chief executive; an inspector; another person involved in administering this Act, including, for example, a public service employee; and obtains confidential information about another person in administering, or performing functions or exercising powers under, this part.\n(sec.113-ssec.2) The person must not use or disclose the confidential information unless the use or disclosure is— in the performance of a function or exercise of a power under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units.\n(sec.113-ssec.3) In this section— confidential information — means any information that— could identify an individual; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (a) is, or has been, any of the following— (i) the chief executive; (ii) an inspector; (iii) another person involved in administering this Act, including, for example, a public service employee; and\n- (i) the chief executive;\n- (ii) an inspector;\n- (iii) another person involved in administering this Act, including, for example, a public service employee; and\n- (b) obtains confidential information about another person in administering, or performing functions or exercising powers under, this part.\n- (i) the chief executive;\n- (ii) an inspector;\n- (iii) another person involved in administering this Act, including, for example, a public service employee; and\n- (a) in the performance of a function or exercise of a power under this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) otherwise required or permitted by law.\n- (a) means any information that— (i) could identify an individual; or (ii) is about a person’s current financial position or financial background; or (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.","sortOrder":186},{"sectionNumber":"sec.114","sectionType":"section","heading":"Delegation","content":"### sec.114 Delegation\n\nThe chief executive may delegate powers of the chief executive under this part to an officer of the department.\ns 114 ins 2002 No. 35 s 7","sortOrder":187},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 ins 2002 No. 35 s 7\nom 2009 No. 24 s 426","sortOrder":188},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":189},{"sectionNumber":"sec.116","sectionType":"section","heading":"Criminal Code to be read with Act","content":"### sec.116 Criminal Code to be read with Act\n\nThe Criminal Code shall, with all necessary adaptations, be read and construed with this Act.\ns 116 (prev s 44) renum 2002 No. 35 s 11","sortOrder":190},{"sectionNumber":"sec.117","sectionType":"section","heading":"Attempt to commit offence","content":"### sec.117 Attempt to commit offence\n\nIn lieu of the Criminal Code , sections 535 and 536 the following provision shall apply—\n‘A person who attempts to commit a crime defined in part 2 is deemed to be guilty of the intended crime and is liable to the same punishment and forfeiture as a person who commits the intended crime.’.\nWhere a person is charged summarily with a crime defined in part 2 that person may be convicted in those summary proceedings of attempting to commit that crime.\ns 117 (prev s 44A) ins 1989 No. 34 s 18\nrenum 2002 No. 35 s 11\namd 2008 No. 55 s 150 sch\n(sec.117-ssec.1) In lieu of the Criminal Code , sections 535 and 536 the following provision shall apply— ‘A person who attempts to commit a crime defined in part 2 is deemed to be guilty of the intended crime and is liable to the same punishment and forfeiture as a person who commits the intended crime.’.\n(sec.117-ssec.2) Where a person is charged summarily with a crime defined in part 2 that person may be convicted in those summary proceedings of attempting to commit that crime.","sortOrder":191},{"sectionNumber":"sec.118","sectionType":"section","heading":"Proceedings for offences","content":"### sec.118 Proceedings for offences\n\nProceedings with a view to the summary conviction of a person upon a charge of an offence defined in this Act or for an examination of witnesses in relation to an indictable offence defined in this Act shall be before a magistrate.\nHowever, any justice may adjourn such proceedings and may grant or refuse bail.\nWhere an offence may be prosecuted on indictment or summarily the proceedings before a magistrate shall be proceedings with a view to the committal of the defendant for trial or sentence unless the prosecution elects that they shall be proceedings with a view to summary conviction.\nWhere proceedings have been commenced against a person upon a charge of a crime defined in part 2 a magistrate has jurisdiction to hear and determine the proceedings with a view to the summary conviction of the person upon the charge, notwithstanding that the proceedings have commenced more than 1 year after the matter to which the charge relates arose.\nProceedings with a view to the summary conviction of a person upon a charge of an offence defined in this Act may be heard and determined at a place appointed for the holding of Magistrates Courts in any district appointed for the purpose of Magistrates Courts under the Justices Act 1886 or in any division deemed to be such a district, regardless of where the offence was committed.\nSubsection (3A) shall not be construed to confer jurisdiction in a case to which the Justices Act 1886 , section 139 (3) or the Bail Act 1980 , section 33A applies except in accordance with whichever of those sections is applicable.\nWhere proceedings are taken with a view to summary conviction of a defendant and the magistrate forms the opinion that the charge ought to be prosecuted on indictment, the magistrate shall abstain from determining the charge summarily and shall instead deal with the proceedings as proceedings with a view to the committal of the defendant for trial or sentence.\nWhere, pursuant to subsection (4) , the magistrate abstains from determining summarily proceedings in respect of a charge—\nthe plea of the defendant taken at the outset of the hearing shall be disregarded; and\nthe evidence adduced in the proceedings before the magistrate’s decision to abstain shall be deemed to be evidence in the proceedings with a view to the committal of the defendant for trial or sentence; and\nbefore committing the defendant for trial or sentence the magistrate shall address the defendant in accordance with the Justices Act 1886 , section 104 .\ns 118 (prev s 45) amd 1987 No. 53 s 10 ; 1988 No. 105 s 34\nrenum 2002 No. 35 s 11\n(sec.118-ssec.1) Proceedings with a view to the summary conviction of a person upon a charge of an offence defined in this Act or for an examination of witnesses in relation to an indictable offence defined in this Act shall be before a magistrate.\n(sec.118-ssec.1A) However, any justice may adjourn such proceedings and may grant or refuse bail.\n(sec.118-ssec.2) Where an offence may be prosecuted on indictment or summarily the proceedings before a magistrate shall be proceedings with a view to the committal of the defendant for trial or sentence unless the prosecution elects that they shall be proceedings with a view to summary conviction.\n(sec.118-ssec.3) Where proceedings have been commenced against a person upon a charge of a crime defined in part 2 a magistrate has jurisdiction to hear and determine the proceedings with a view to the summary conviction of the person upon the charge, notwithstanding that the proceedings have commenced more than 1 year after the matter to which the charge relates arose.\n(sec.118-ssec.3A) Proceedings with a view to the summary conviction of a person upon a charge of an offence defined in this Act may be heard and determined at a place appointed for the holding of Magistrates Courts in any district appointed for the purpose of Magistrates Courts under the Justices Act 1886 or in any division deemed to be such a district, regardless of where the offence was committed.\n(sec.118-ssec.3B) Subsection (3A) shall not be construed to confer jurisdiction in a case to which the Justices Act 1886 , section 139 (3) or the Bail Act 1980 , section 33A applies except in accordance with whichever of those sections is applicable.\n(sec.118-ssec.4) Where proceedings are taken with a view to summary conviction of a defendant and the magistrate forms the opinion that the charge ought to be prosecuted on indictment, the magistrate shall abstain from determining the charge summarily and shall instead deal with the proceedings as proceedings with a view to the committal of the defendant for trial or sentence.\n(sec.118-ssec.5) Where, pursuant to subsection (4) , the magistrate abstains from determining summarily proceedings in respect of a charge— the plea of the defendant taken at the outset of the hearing shall be disregarded; and the evidence adduced in the proceedings before the magistrate’s decision to abstain shall be deemed to be evidence in the proceedings with a view to the committal of the defendant for trial or sentence; and before committing the defendant for trial or sentence the magistrate shall address the defendant in accordance with the Justices Act 1886 , section 104 .\n- (a) the plea of the defendant taken at the outset of the hearing shall be disregarded; and\n- (b) the evidence adduced in the proceedings before the magistrate’s decision to abstain shall be deemed to be evidence in the proceedings with a view to the committal of the defendant for trial or sentence; and\n- (c) before committing the defendant for trial or sentence the magistrate shall address the defendant in accordance with the Justices Act 1886 , section 104 .","sortOrder":192},{"sectionNumber":"sec.119","sectionType":"section","heading":"Protection of informers","content":"### sec.119 Protection of informers\n\nWhere an informer supplies information to a police officer in respect of the commission of an offence defined in part 2 the informer’s identity at all times shall be kept confidential.\nA person who unlawfully discloses the name of an informer, or any other particular that may be likely to lead to the informer’s identification, is guilty of a crime.\nMaximum penalty—5 years imprisonment.\nA person is not criminally responsible for an offence defined in subsection (2) if the person proves that the disclosure was made in good faith for the protection of the interests of the informer or for the public good.\ns 119 (prev s 46) amd 1988 No. 88 s 3 sch 1\nrenum 2002 No. 35 s 11\namd 2020 No. 15 s 72\n(sec.119-ssec.1) Where an informer supplies information to a police officer in respect of the commission of an offence defined in part 2 the informer’s identity at all times shall be kept confidential.\n(sec.119-ssec.2) A person who unlawfully discloses the name of an informer, or any other particular that may be likely to lead to the informer’s identification, is guilty of a crime. Maximum penalty—5 years imprisonment.\n(sec.119-ssec.3) A person is not criminally responsible for an offence defined in subsection (2) if the person proves that the disclosure was made in good faith for the protection of the interests of the informer or for the public good.","sortOrder":193},{"sectionNumber":"sec.120","sectionType":"section","heading":"Source of information not to be disclosed","content":"### sec.120 Source of information not to be disclosed\n\nWhere an informer supplies information to a police officer in respect of the commission of an offence defined in part 2 then in a relevant proceeding—\nthe prosecutor; or\na person who appears as a witness for the prosecution; or\nwhere a police officer appears as a witness for the defence, that police officer;\nshall not be asked and if asked shall not be compelled to disclose the name of an informer, or other particular that may be likely to lead to the informer’s identification, or the fact that in respect of the offence he or she received information from an informer or he or she furnished information to an informer or the nature of the information.\nIn any proceedings arising out of a charge of having committed an offence defined in part 2 a police officer appearing as a prosecutor or witness shall not be compelled to produce any reports or documents, made or received by the police officer in the police officer’s official capacity or containing confidential information in relation to such offence, or to make any statement in relation to such reports, documents or information.\nIn this section—\nrelevant proceeding means a proceeding under this Act or another Act, other than a proceeding for—\nan offence against section 119 (2) ; or\nanother offence under this or another Act in which it is alleged that a person has unlawfully disclosed the name of the informer or another particular that may be likely to lead to the informer’s identification.\ns 120 (prev s 47) amd 1989 No. 34 s 19\nrenum 2002 No. 35 s 11\namd 2020 No. 15 s 73\n(sec.120-ssec.1) Where an informer supplies information to a police officer in respect of the commission of an offence defined in part 2 then in a relevant proceeding— the prosecutor; or a person who appears as a witness for the prosecution; or where a police officer appears as a witness for the defence, that police officer; shall not be asked and if asked shall not be compelled to disclose the name of an informer, or other particular that may be likely to lead to the informer’s identification, or the fact that in respect of the offence he or she received information from an informer or he or she furnished information to an informer or the nature of the information.\n(sec.120-ssec.2) In any proceedings arising out of a charge of having committed an offence defined in part 2 a police officer appearing as a prosecutor or witness shall not be compelled to produce any reports or documents, made or received by the police officer in the police officer’s official capacity or containing confidential information in relation to such offence, or to make any statement in relation to such reports, documents or information.\n(sec.120-ssec.3) In this section— relevant proceeding means a proceeding under this Act or another Act, other than a proceeding for— an offence against section 119 (2) ; or another offence under this or another Act in which it is alleged that a person has unlawfully disclosed the name of the informer or another particular that may be likely to lead to the informer’s identification.\n- (a) the prosecutor; or\n- (b) a person who appears as a witness for the prosecution; or\n- (c) where a police officer appears as a witness for the defence, that police officer;\n- (a) an offence against section 119 (2) ; or\n- (b) another offence under this or another Act in which it is alleged that a person has unlawfully disclosed the name of the informer or another particular that may be likely to lead to the informer’s identification.","sortOrder":194},{"sectionNumber":"sec.121","sectionType":"section","heading":"Power to prohibit publication of proceedings","content":"### sec.121 Power to prohibit publication of proceedings\n\nIn any proceedings arising out of a charge of having committed an offence defined in part 2 —\na magistrate hearing and determining the matter summarily or conducting the examination of witnesses; or\nthe judge presiding at the court to which a person has been committed for trial or sentence;\nmay make an order (which shall remain in force for such time as the magistrate or judge orders) prohibiting the publication of the whole or any part of such proceedings and the name and address of any witness.\nAn application for an order under subsection (1) may be made in chambers in the presence of such person as the magistrate or judge permits and no other person.\nOn the hearing of the application the magistrate or judge may receive and act upon such information as the magistrate or judge thinks fit.\nWhen considering an application to prohibit publication regard shall be had to—\nthe safety of any person; and\nthe extent to which the detection of offences of a like nature may be affected; and\nthe need to guarantee the confidentiality of information given by an informer.\nA person who acts in contravention of an order made by a magistrate under subsection (1) commits an offence against this Act.\nMaximum penalty—2 years imprisonment.\nA person who acts in contravention of an order made by a judge under subsection (1) is guilty of a crime.\nMaximum penalty—5 years imprisonment.\nThis section is in addition to and not in substitution for the Child Protection Act 1999 , sections 192 and 193 and the Youth Justice Act 1992 .\ns 121 (prev s 48) amd 1988 No. 88 s 3 sch 1 ; 1992 No. 44 s 235 sch 3 ; 1995 No. 18 s 3 sch ; 1999 No. 10 s 205 sch 3\nrenum 2002 No. 35 s 11\namd 2007 No. 37 s 162 sch ; 2009 No. 34 s 45 (1) sch pt 1 amdt 16\n(sec.121-ssec.1) In any proceedings arising out of a charge of having committed an offence defined in part 2 — a magistrate hearing and determining the matter summarily or conducting the examination of witnesses; or the judge presiding at the court to which a person has been committed for trial or sentence; may make an order (which shall remain in force for such time as the magistrate or judge orders) prohibiting the publication of the whole or any part of such proceedings and the name and address of any witness.\n(sec.121-ssec.2) An application for an order under subsection (1) may be made in chambers in the presence of such person as the magistrate or judge permits and no other person.\n(sec.121-ssec.3) On the hearing of the application the magistrate or judge may receive and act upon such information as the magistrate or judge thinks fit.\n(sec.121-ssec.4) When considering an application to prohibit publication regard shall be had to— the safety of any person; and the extent to which the detection of offences of a like nature may be affected; and the need to guarantee the confidentiality of information given by an informer.\n(sec.121-ssec.5) A person who acts in contravention of an order made by a magistrate under subsection (1) commits an offence against this Act. Maximum penalty—2 years imprisonment.\n(sec.121-ssec.6) A person who acts in contravention of an order made by a judge under subsection (1) is guilty of a crime. Maximum penalty—5 years imprisonment.\n(sec.121-ssec.7) This section is in addition to and not in substitution for the Child Protection Act 1999 , sections 192 and 193 and the Youth Justice Act 1992 .\n- (a) a magistrate hearing and determining the matter summarily or conducting the examination of witnesses; or\n- (b) the judge presiding at the court to which a person has been committed for trial or sentence;\n- (a) the safety of any person; and\n- (b) the extent to which the detection of offences of a like nature may be affected; and\n- (c) the need to guarantee the confidentiality of information given by an informer.","sortOrder":195},{"sectionNumber":"sec.122","sectionType":"section","heading":"Certain proceedings relating to sentence may be determined in chambers","content":"### sec.122 Certain proceedings relating to sentence may be determined in chambers\n\nA court before which a person is convicted of an offence defined in part 2 may, with the consent of the prosecution and the defendant, adjourn the proceedings to chambers so as to determine the question of sentence.\nAn application to adjourn proceedings to chambers may be made in chambers.\nIn determining the question of sentence pursuant to this section the following provisions shall apply—\nthe proceedings shall be as prescribed by rules of court or, if no procedure is so prescribed, as the court directs;\nthe proceedings shall be heard in chambers in the presence of such person as the court permits and no other person;\nthe court may receive and act on such information as it thinks fit;\nno transcript shall be made of the proceedings unless directed by the court;\nno notice or report relating to the proceedings shall be published and no record of the proceedings (other than the order as to the sentence to be imposed) shall be available for search by a person except by direction of the court or, in the absence or incapacity of the judge or magistrate who constituted the court, another judge of the Supreme Court or, as the case may be, another magistrate.\ns 122 (prev s 49) amd 1988 No. 88 s 3 sch 1 ; 1990 No. 9 s 13\nrenum 2002 No. 35 s 11\n(sec.122-ssec.1) A court before which a person is convicted of an offence defined in part 2 may, with the consent of the prosecution and the defendant, adjourn the proceedings to chambers so as to determine the question of sentence.\n(sec.122-ssec.2) An application to adjourn proceedings to chambers may be made in chambers.\n(sec.122-ssec.3) In determining the question of sentence pursuant to this section the following provisions shall apply— the proceedings shall be as prescribed by rules of court or, if no procedure is so prescribed, as the court directs; the proceedings shall be heard in chambers in the presence of such person as the court permits and no other person; the court may receive and act on such information as it thinks fit; no transcript shall be made of the proceedings unless directed by the court; no notice or report relating to the proceedings shall be published and no record of the proceedings (other than the order as to the sentence to be imposed) shall be available for search by a person except by direction of the court or, in the absence or incapacity of the judge or magistrate who constituted the court, another judge of the Supreme Court or, as the case may be, another magistrate.\n- (a) the proceedings shall be as prescribed by rules of court or, if no procedure is so prescribed, as the court directs;\n- (b) the proceedings shall be heard in chambers in the presence of such person as the court permits and no other person;\n- (c) the court may receive and act on such information as it thinks fit;\n- (d) no transcript shall be made of the proceedings unless directed by the court;\n- (e) no notice or report relating to the proceedings shall be published and no record of the proceedings (other than the order as to the sentence to be imposed) shall be available for search by a person except by direction of the court or, in the absence or incapacity of the judge or magistrate who constituted the court, another judge of the Supreme Court or, as the case may be, another magistrate.","sortOrder":196},{"sectionNumber":"sec.122A","sectionType":"section","heading":"Particular proceedings for minor drugs offences","content":"### sec.122A Particular proceedings for minor drugs offences\n\nThis section applies to a proceeding for an offence against this Act that is a minor drugs offence as defined in the Police Powers and Responsibilities Act 2000 , section 378B .\nHowever, this section applies only if the person charged with having committed the minor drugs offence pleads guilty to the offence.\nThe court may, if the person is eligible under the Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 to be offered an opportunity to participate in a drug diversion assessment program within the meaning of that Act, order the person to participate in, and complete, a drug diversion assessment program as directed by a police officer.\nFor working out whether the person is eligible under the Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 —\nsection 378A (1) (d) of that Act applies as if a reference to a police officer were a reference to the court; and\nsections 379 (1) (a) and (4) and 379AA (4) of that Act do not apply.\nBefore making the order, the court must inform the defendant that if the court makes the order and the defendant fails to participate in and complete the drug diversion assessment program, the defendant will be dealt with by the court as if the order had not been made.\nThe court may also make any other order the court considers appropriate for ensuring the defendant’s participation in the drug diversion assessment program, including an order requiring the provider of the drug diversion assessment program to give the court a report about the defendant’s participation in and completion of the drug diversion assessment program.\nOn the making of the orders under this section the proceeding against the defendant is adjourned until a date fixed by the court or a date to be fixed.\ns 122A ins 2006 No. 26 s 106\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2023 No. 11 s 5\n(sec.122A-ssec.1) This section applies to a proceeding for an offence against this Act that is a minor drugs offence as defined in the Police Powers and Responsibilities Act 2000 , section 378B .\n(sec.122A-ssec.2) However, this section applies only if the person charged with having committed the minor drugs offence pleads guilty to the offence.\n(sec.122A-ssec.3) The court may, if the person is eligible under the Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 to be offered an opportunity to participate in a drug diversion assessment program within the meaning of that Act, order the person to participate in, and complete, a drug diversion assessment program as directed by a police officer.\n(sec.122A-ssec.4) For working out whether the person is eligible under the Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 — section 378A (1) (d) of that Act applies as if a reference to a police officer were a reference to the court; and sections 379 (1) (a) and (4) and 379AA (4) of that Act do not apply.\n(sec.122A-ssec.5) Before making the order, the court must inform the defendant that if the court makes the order and the defendant fails to participate in and complete the drug diversion assessment program, the defendant will be dealt with by the court as if the order had not been made.\n(sec.122A-ssec.6) The court may also make any other order the court considers appropriate for ensuring the defendant’s participation in the drug diversion assessment program, including an order requiring the provider of the drug diversion assessment program to give the court a report about the defendant’s participation in and completion of the drug diversion assessment program.\n(sec.122A-ssec.7) On the making of the orders under this section the proceeding against the defendant is adjourned until a date fixed by the court or a date to be fixed.\n- (a) section 378A (1) (d) of that Act applies as if a reference to a police officer were a reference to the court; and\n- (b) sections 379 (1) (a) and (4) and 379AA (4) of that Act do not apply.","sortOrder":197},{"sectionNumber":"sec.122B","sectionType":"section","heading":"Provision of information to court","content":"### sec.122B Provision of information to court\n\nIf the court makes an order under section 122A and a police officer arranges for the defendant to participate in a drug diversion assessment program as mentioned in the order, the police officer must inform the provider of the drug diversion assessment program that the provider must, as required by the court’s order under section 122A , give the court a written report about—\nthe person’s participation in, and completion of, the program; or\nif the person failed to participate in or complete the program—the person’s failure to participate in or complete the program.\nThe provider of the drug diversion assessment program may give the court the report by filing the report with the court and giving a copy of the report to the commissioner.\nThe commissioner must ensure a copy of the report is given to the prosecuting authority and the person’s lawyer.\nIn this section—\nprosecuting authority means the entity responsible for prosecuting the charge of the minor drugs offence.\ns 122B ins 2006 No. 26 s 106\namd 2023 No. 11 s 6\n(sec.122B-ssec.1) If the court makes an order under section 122A and a police officer arranges for the defendant to participate in a drug diversion assessment program as mentioned in the order, the police officer must inform the provider of the drug diversion assessment program that the provider must, as required by the court’s order under section 122A , give the court a written report about— the person’s participation in, and completion of, the program; or if the person failed to participate in or complete the program—the person’s failure to participate in or complete the program.\n(sec.122B-ssec.2) The provider of the drug diversion assessment program may give the court the report by filing the report with the court and giving a copy of the report to the commissioner.\n(sec.122B-ssec.3) The commissioner must ensure a copy of the report is given to the prosecuting authority and the person’s lawyer.\n(sec.122B-ssec.4) In this section— prosecuting authority means the entity responsible for prosecuting the charge of the minor drugs offence.\n- (a) the person’s participation in, and completion of, the program; or\n- (b) if the person failed to participate in or complete the program—the person’s failure to participate in or complete the program.","sortOrder":198},{"sectionNumber":"sec.122C","sectionType":"section","heading":"Further consideration of charge of minor drugs offence","content":"### sec.122C Further consideration of charge of minor drugs offence\n\nIf, after considering a report filed under section 122B , the court is satisfied the defendant participated in and completed the drug diversion assessment program as required under section 122A , the court must strike out the proceeding for the charge of the minor drugs offence.\nHowever, if the court is satisfied the defendant did not participate in and complete the drug diversion assessment program as required under section 122A , the court may continue to hear the charge of the minor drugs offence and may make any order in relation to the offence the court considers appropriate.\ns 122C ins 2006 No. 26 s 106\namd 2023 No. 11 s 34 s ch 1 pt 2\n(sec.122C-ssec.1) If, after considering a report filed under section 122B , the court is satisfied the defendant participated in and completed the drug diversion assessment program as required under section 122A , the court must strike out the proceeding for the charge of the minor drugs offence.\n(sec.122C-ssec.2) However, if the court is satisfied the defendant did not participate in and complete the drug diversion assessment program as required under section 122A , the court may continue to hear the charge of the minor drugs offence and may make any order in relation to the offence the court considers appropriate.","sortOrder":199},{"sectionNumber":"sec.123","sectionType":"section","heading":"Summary conviction for indictable offences","content":"### sec.123 Summary conviction for indictable offences\n\nThe provisions of the Criminal Code , section 659 shall have no application when a person has been summarily convicted of a crime defined in this Act.\ns 123 (prev s 50) renum 2002 No. 35 s 11","sortOrder":200},{"sectionNumber":"sec.124","sectionType":"section","heading":"Defence of supply of lawfully prescribed drug in a small quantity","content":"### sec.124 Defence of supply of lawfully prescribed drug in a small quantity\n\nA person is not criminally responsible for an offence defined in section 6 if the dangerous drug is one specified in the Drugs Misuse Regulation 1987 , schedule 5 and if the person proves that—\nit was prescribed for the person by a medical practitioner for a condition with which the person was suffering at the time it was prescribed; and\nit was given by the person to a person whom the person reasonably believed to be suffering from the same or a similar condition; and\nthe quantity given was no greater than a single dosage prescribed for the person; and\nit was immediately consumed in the person’s presence by the person to whom it was given.\nHowever, subsection (1) does not apply if—\nthe person is charged with an offence mentioned in subsection (1) (the current charge ); and\nthe person relied on the defence mentioned in subsection (1) in relation to a previous charge of an offence mentioned in subsection (1) (the previous charge ); and\nthe prosecution proves that—\nthe drug given under the current charge was the same as the drug given under the previous charge; and\nthe person to whom the drug was given under the current charge was the same person to whom the drug was given under the previous charge.\nA person is not criminally responsible for an offence defined in section 9 if the dangerous drug is one specified in the Drugs Misuse Regulation 1987 , schedule 5 and if the person proves that—\nit was given to the person by a person to whom the person reasonably believed it had been prescribed by a medical practitioner for the same or a similar condition with which the person was suffering at the time it was given to the person; and\nthe quantity received by the person was no greater than a single dosage prescribed for that person; and\nit was immediately consumed by the person in that person’s presence.\nHowever, subsection (2) does not apply if—\nthe person is charged with an offence mentioned in subsection (2) (the current charge ); and\nthe person relied on the defence mentioned in subsection (2) in relation to a previous charge of an offence mentioned in subsection (2) (the previous charge ); and\nthe prosecution proves that—\nthe drug given under the current charge was the same as the drug given under the previous charge; and\nthe person who gave the drug under the current charge is the same person who gave the drug under the previous charge.\nFor subsections (1A) and (2A) , it does not matter whether the alleged offence relating to the current charge happened before or after the alleged offence relating to the previous charge.\ns 124 (prev s 51) amd 1996 No. 49 s 11\nrenum 2002 No. 35 s 11\namd 2008 No. 4 s 28\n(sec.124-ssec.1) A person is not criminally responsible for an offence defined in section 6 if the dangerous drug is one specified in the Drugs Misuse Regulation 1987 , schedule 5 and if the person proves that— it was prescribed for the person by a medical practitioner for a condition with which the person was suffering at the time it was prescribed; and it was given by the person to a person whom the person reasonably believed to be suffering from the same or a similar condition; and the quantity given was no greater than a single dosage prescribed for the person; and it was immediately consumed in the person’s presence by the person to whom it was given.\n(sec.124-ssec.1A) However, subsection (1) does not apply if— the person is charged with an offence mentioned in subsection (1) (the current charge ); and the person relied on the defence mentioned in subsection (1) in relation to a previous charge of an offence mentioned in subsection (1) (the previous charge ); and the prosecution proves that— the drug given under the current charge was the same as the drug given under the previous charge; and the person to whom the drug was given under the current charge was the same person to whom the drug was given under the previous charge.\n(sec.124-ssec.2) A person is not criminally responsible for an offence defined in section 9 if the dangerous drug is one specified in the Drugs Misuse Regulation 1987 , schedule 5 and if the person proves that— it was given to the person by a person to whom the person reasonably believed it had been prescribed by a medical practitioner for the same or a similar condition with which the person was suffering at the time it was given to the person; and the quantity received by the person was no greater than a single dosage prescribed for that person; and it was immediately consumed by the person in that person’s presence.\n(sec.124-ssec.2A) However, subsection (2) does not apply if— the person is charged with an offence mentioned in subsection (2) (the current charge ); and the person relied on the defence mentioned in subsection (2) in relation to a previous charge of an offence mentioned in subsection (2) (the previous charge ); and the prosecution proves that— the drug given under the current charge was the same as the drug given under the previous charge; and the person who gave the drug under the current charge is the same person who gave the drug under the previous charge.\n(sec.124-ssec.3) For subsections (1A) and (2A) , it does not matter whether the alleged offence relating to the current charge happened before or after the alleged offence relating to the previous charge.\n- (a) it was prescribed for the person by a medical practitioner for a condition with which the person was suffering at the time it was prescribed; and\n- (b) it was given by the person to a person whom the person reasonably believed to be suffering from the same or a similar condition; and\n- (c) the quantity given was no greater than a single dosage prescribed for the person; and\n- (d) it was immediately consumed in the person’s presence by the person to whom it was given.\n- (a) the person is charged with an offence mentioned in subsection (1) (the current charge ); and\n- (b) the person relied on the defence mentioned in subsection (1) in relation to a previous charge of an offence mentioned in subsection (1) (the previous charge ); and\n- (c) the prosecution proves that— (i) the drug given under the current charge was the same as the drug given under the previous charge; and (ii) the person to whom the drug was given under the current charge was the same person to whom the drug was given under the previous charge.\n- (i) the drug given under the current charge was the same as the drug given under the previous charge; and\n- (ii) the person to whom the drug was given under the current charge was the same person to whom the drug was given under the previous charge.\n- (i) the drug given under the current charge was the same as the drug given under the previous charge; and\n- (ii) the person to whom the drug was given under the current charge was the same person to whom the drug was given under the previous charge.\n- (a) it was given to the person by a person to whom the person reasonably believed it had been prescribed by a medical practitioner for the same or a similar condition with which the person was suffering at the time it was given to the person; and\n- (b) the quantity received by the person was no greater than a single dosage prescribed for that person; and\n- (c) it was immediately consumed by the person in that person’s presence.\n- (a) the person is charged with an offence mentioned in subsection (2) (the current charge ); and\n- (b) the person relied on the defence mentioned in subsection (2) in relation to a previous charge of an offence mentioned in subsection (2) (the previous charge ); and\n- (c) the prosecution proves that— (i) the drug given under the current charge was the same as the drug given under the previous charge; and (ii) the person who gave the drug under the current charge is the same person who gave the drug under the previous charge.\n- (i) the drug given under the current charge was the same as the drug given under the previous charge; and\n- (ii) the person who gave the drug under the current charge is the same person who gave the drug under the previous charge.\n- (i) the drug given under the current charge was the same as the drug given under the previous charge; and\n- (ii) the person who gave the drug under the current charge is the same person who gave the drug under the previous charge.","sortOrder":201},{"sectionNumber":"sec.125","sectionType":"section","heading":"Prescribed persons permitted to receive and dispose of dangerous drugs","content":"### sec.125 Prescribed persons permitted to receive and dispose of dangerous drugs\n\nIt is lawful for a State officer or other authorised person acting in good faith and in the proper discharge of the person’s professional duties, to receive from any person anything which the person reasonably believes to be a dangerous drug provided that—\nin the case of a dangerous drug specified in the Drugs Misuse Regulation 1987 , schedule 3 —the quantity of such thing is reasonably believed to be less than the quantity specified in that schedule in respect of that thing; and\nit is forthwith disposed of in accordance with the procedure prescribed by regulation.\nIt is lawful for a person who—\nas a public service employee employed in the department in which the Medicines and Poisons Act 2019 is administered, is performing functions similar to the duties of a property officer in the police service; and\nis authorised under that Act;\nto possess a dangerous drug while actually performing the duties.\nIt is lawful for a person who, as a staff member within the meaning of the Police Service Administration Act 1990 , is performing the duties of a property officer in the police service, to possess a dangerous drug while actually performing the duties.\nIt is lawful for a person who, as a drug control officer within the meaning of the Police Powers and Responsibilities Act 2000 , section 726 , is performing the functions of a drug control officer in the police service, to possess a dangerous drug while actually performing the functions.\nIt is lawful for a person who, as a drug control officer within the meaning of the Corrective Services Act 2006 , section 344B , is performing the functions of a drug control officer in the department in which the Corrective Services Act 2006 is administered, to possess a dangerous drug while actually performing the functions.\nIn this section—\nState officer or other authorised person means—\na State officer under the Medicines and Poisons Act 2019 , section 49 or a person helping the State officer to perform the officer’s functions or exercise the officer’s powers; or\na person to whom the Medicines and Poisons Act 2019 , section 50 applies.\ns 125 (prev s 52A) ins 1989 No. 34 s 20\namd 1990 No. 88 s 3 sch ; 1993 No. 32 s 3 sch 2 ; 1995 No. 18 s 3 sch ; 1996 No. 49 s 12 ; 1998 No. 19 s 20 ; 1998 No. 41 s 14 (1) sch\nrenum 2002 No. 35 s 11\namd 2008 No. 53 s 11 ; 2014 No. 17 s 55 ; 2021 No. 12 s 195 s ch 5 pt 1 ; 2019 No. 26 s 289 ; 2023 No. 7 s 68 s ch 1 pt 2\n(sec.125-ssec.1) It is lawful for a State officer or other authorised person acting in good faith and in the proper discharge of the person’s professional duties, to receive from any person anything which the person reasonably believes to be a dangerous drug provided that— in the case of a dangerous drug specified in the Drugs Misuse Regulation 1987 , schedule 3 —the quantity of such thing is reasonably believed to be less than the quantity specified in that schedule in respect of that thing; and it is forthwith disposed of in accordance with the procedure prescribed by regulation.\n(sec.125-ssec.2) It is lawful for a person who— as a public service employee employed in the department in which the Medicines and Poisons Act 2019 is administered, is performing functions similar to the duties of a property officer in the police service; and is authorised under that Act; to possess a dangerous drug while actually performing the duties.\n(sec.125-ssec.3) It is lawful for a person who, as a staff member within the meaning of the Police Service Administration Act 1990 , is performing the duties of a property officer in the police service, to possess a dangerous drug while actually performing the duties.\n(sec.125-ssec.4) It is lawful for a person who, as a drug control officer within the meaning of the Police Powers and Responsibilities Act 2000 , section 726 , is performing the functions of a drug control officer in the police service, to possess a dangerous drug while actually performing the functions.\n(sec.125-ssec.5) It is lawful for a person who, as a drug control officer within the meaning of the Corrective Services Act 2006 , section 344B , is performing the functions of a drug control officer in the department in which the Corrective Services Act 2006 is administered, to possess a dangerous drug while actually performing the functions.\n(sec.125-ssec.6) In this section— State officer or other authorised person means— a State officer under the Medicines and Poisons Act 2019 , section 49 or a person helping the State officer to perform the officer’s functions or exercise the officer’s powers; or a person to whom the Medicines and Poisons Act 2019 , section 50 applies.\n- (a) in the case of a dangerous drug specified in the Drugs Misuse Regulation 1987 , schedule 3 —the quantity of such thing is reasonably believed to be less than the quantity specified in that schedule in respect of that thing; and\n- (b) it is forthwith disposed of in accordance with the procedure prescribed by regulation.\n- (a) as a public service employee employed in the department in which the Medicines and Poisons Act 2019 is administered, is performing functions similar to the duties of a property officer in the police service; and\n- (b) is authorised under that Act;\n- (a) a State officer under the Medicines and Poisons Act 2019 , section 49 or a person helping the State officer to perform the officer’s functions or exercise the officer’s powers; or\n- (b) a person to whom the Medicines and Poisons Act 2019 , section 50 applies.","sortOrder":202},{"sectionNumber":"sec.126","sectionType":"section","heading":"Power to fine","content":"### sec.126 Power to fine\n\nA person liable to imprisonment for an offence defined in this Act may be ordered to pay a fine in addition to or instead of the imprisonment to which the person is liable.\nA fine to which a person is liable under subsection (1) shall not exceed—\n5,000 penalty units where the offence is one of which the person is convicted on indictment; or\n100 penalty units where the offence is one of which the person is convicted in summary proceedings.\nWhere pursuant to this section, a person is ordered to pay a fine the court may, on the application of the prosecution, instead of ordering the person to be imprisoned in default of payment of the fine or that the amount of the fine be recovered by levy and distress, order that the amount of the fine be recovered in accordance with the following provisions of this section.\nWhere an order referred to in subsection (3) is made—\nthe registrar or a deputy registrar of the Supreme Court if that court makes the order; or\nthe registrar of the court if the court making the order is the District Court or the Childrens Court constituted by a judge; or\nthe clerk of the court at the place where—\nthe Childrens Court constituted by a Childrens Court magistrate or a magistrate; or\na Magistrates Court constituted by a magistrate;\nis the court making the order;\nshall furnish to the Attorney-General a certificate of the order and that certificate may be registered in a court having jurisdiction in civil proceedings in which the amount claimed is the amount required by the order to be paid.\nThe registrar of a court to whom a certificate referred to in subsection (4) is duly produced for registration shall, upon payment of the appropriate fee, register the certificate in the court and thereupon the certificate shall be a record of the court in which it is registered and the order to which it refers shall be deemed to be a judgment of that court, duly entered, obtained by the Crown as plaintiff against the person in default as defendant for the payment to the Crown of money comprising—\nthe amount of the fine; and\ncosts of registration of the certificate in the court;\nand all such proceedings (including proceedings in bankruptcy) may be taken to recover the amount of the judgment as if the judgment had been given by the court in favour of the Crown.\ns 126 (prev s 54) amd 1988 No. 88 s 3 sch 1 ; 1990 No. 9 s 14 ; 1995 No. 18 s 3 sch ; 1999 No. 19 s 3 sch\nrenum 2002 No. 35 s 11\n(sec.126-ssec.1) A person liable to imprisonment for an offence defined in this Act may be ordered to pay a fine in addition to or instead of the imprisonment to which the person is liable.\n(sec.126-ssec.2) A fine to which a person is liable under subsection (1) shall not exceed— 5,000 penalty units where the offence is one of which the person is convicted on indictment; or 100 penalty units where the offence is one of which the person is convicted in summary proceedings.\n(sec.126-ssec.3) Where pursuant to this section, a person is ordered to pay a fine the court may, on the application of the prosecution, instead of ordering the person to be imprisoned in default of payment of the fine or that the amount of the fine be recovered by levy and distress, order that the amount of the fine be recovered in accordance with the following provisions of this section.\n(sec.126-ssec.4) Where an order referred to in subsection (3) is made— the registrar or a deputy registrar of the Supreme Court if that court makes the order; or the registrar of the court if the court making the order is the District Court or the Childrens Court constituted by a judge; or the clerk of the court at the place where— the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or a Magistrates Court constituted by a magistrate; is the court making the order; shall furnish to the Attorney-General a certificate of the order and that certificate may be registered in a court having jurisdiction in civil proceedings in which the amount claimed is the amount required by the order to be paid.\n(sec.126-ssec.5) The registrar of a court to whom a certificate referred to in subsection (4) is duly produced for registration shall, upon payment of the appropriate fee, register the certificate in the court and thereupon the certificate shall be a record of the court in which it is registered and the order to which it refers shall be deemed to be a judgment of that court, duly entered, obtained by the Crown as plaintiff against the person in default as defendant for the payment to the Crown of money comprising— the amount of the fine; and costs of registration of the certificate in the court; and all such proceedings (including proceedings in bankruptcy) may be taken to recover the amount of the judgment as if the judgment had been given by the court in favour of the Crown.\n- (a) 5,000 penalty units where the offence is one of which the person is convicted on indictment; or\n- (b) 100 penalty units where the offence is one of which the person is convicted in summary proceedings.\n- (a) the registrar or a deputy registrar of the Supreme Court if that court makes the order; or\n- (b) the registrar of the court if the court making the order is the District Court or the Childrens Court constituted by a judge; or\n- (c) the clerk of the court at the place where— (i) the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or (ii) a Magistrates Court constituted by a magistrate;\n- (i) the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or\n- (ii) a Magistrates Court constituted by a magistrate;\n- (i) the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or\n- (ii) a Magistrates Court constituted by a magistrate;\n- (a) the amount of the fine; and\n- (b) costs of registration of the certificate in the court;","sortOrder":203},{"sectionNumber":"sec.127","sectionType":"section","heading":"No costs to be awarded","content":"### sec.127 No costs to be awarded\n\nNo costs shall be awarded with respect to any proceedings arising out of a charge of having committed an offence defined in this Act.\nSubsection (1) does not apply to costs awarded under a relevant provision in relation to a failure to comply with a direction about disclosure.\nIn this section—\nrelevant provision means—\nthe Criminal Code , section 590AAA ; or\nthe Justices Act 1886 , section 83B .\ns 127 (prev s 55) renum 2002 No. 35 s 11\namd 2010 No. 26 s 63\n(sec.127-ssec.1) No costs shall be awarded with respect to any proceedings arising out of a charge of having committed an offence defined in this Act.\n(sec.127-ssec.2) Subsection (1) does not apply to costs awarded under a relevant provision in relation to a failure to comply with a direction about disclosure.\n(sec.127-ssec.3) In this section— relevant provision means— the Criminal Code , section 590AAA ; or the Justices Act 1886 , section 83B .\n- (a) the Criminal Code , section 590AAA ; or\n- (b) the Justices Act 1886 , section 83B .","sortOrder":204},{"sectionNumber":"sec.128","sectionType":"section","heading":"Analyst’s certificate","content":"### sec.128 Analyst’s certificate\n\nIn any proceedings for an offence defined in this Act the production of a certificate purporting to be signed by an analyst with respect to an analysis or examination shall, without proof of the analyst’s signature or that the analyst is an analyst, be evidence of any of the following stated in the certificate—\nthe identity of the thing analysed or examined;\nthe quantity of the thing;\nthe result of the analysis or examination and of the matters relevant to the proceedings;\nthe laboratory at which the thing was analysed or examined;\nthat the analyst examined the laboratory’s records about the analysis or examination of the thing, including the records about any analysis or examination done by someone other than the analyst;\nand, in the absence of evidence to the contrary, shall be conclusive such evidence.\nIn subsection (1) —\nproceedings , for an offence, include an application made under section 32 (1) .\ns 128 (prev s 56) amd 1995 No. 18 s 6\nrenum 2002 No. 35 s 11\namd 2006 No. 8 s 63 ; 2017 No. 6 s 27\n(sec.128-ssec.1) In any proceedings for an offence defined in this Act the production of a certificate purporting to be signed by an analyst with respect to an analysis or examination shall, without proof of the analyst’s signature or that the analyst is an analyst, be evidence of any of the following stated in the certificate— the identity of the thing analysed or examined; the quantity of the thing; the result of the analysis or examination and of the matters relevant to the proceedings; the laboratory at which the thing was analysed or examined; that the analyst examined the laboratory’s records about the analysis or examination of the thing, including the records about any analysis or examination done by someone other than the analyst; and, in the absence of evidence to the contrary, shall be conclusive such evidence.\n(sec.128-ssec.2) In subsection (1) — proceedings , for an offence, include an application made under section 32 (1) .\n- (a) the identity of the thing analysed or examined;\n- (b) the quantity of the thing;\n- (c) the result of the analysis or examination and of the matters relevant to the proceedings;\n- (d) the laboratory at which the thing was analysed or examined;\n- (e) that the analyst examined the laboratory’s records about the analysis or examination of the thing, including the records about any analysis or examination done by someone other than the analyst;","sortOrder":205},{"sectionNumber":"sec.129","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.129 Evidentiary provisions\n\nIn respect of a charge against a person of having committed an offence defined in part 2 —\nit is not necessary to particularise the dangerous drug in respect of which the offence is alleged to have been committed; and\nthat 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\nproof 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\nthe 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\nthe burden of proving any authorisation to do any act or make any omission lies on that person.\nIn 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—\nthat the plants were grown from lawfully obtained cannabis seed; and\nthat although the person acted with reasonable diligence to prevent the contravention, the contravention was beyond the person’s control.\nIn 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—\nthat the plants were grown from lawfully obtained cannabis seed; and\nthat although the person acted with reasonable diligence to prevent the contravention, the contravention was beyond the person’s control.\nA certificate signed by the chief executive and stating any of the following is evidence of the matter stated—\na stated person was, on a stated day, the holder of a stated licence under part 5B ;\na licence held by a stated person was, on a stated day, surrendered or cancelled under part 5B .\nIn this section—\nunauthorised 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 .\ns 129 (prev s 57) amd 2002 No. 35 s 8\nrenum 2002 No. 35 s 11\namd 2010 No. 42 s 37 sch\n(sec.129-ssec.1) In respect of a charge against a person of having committed an offence defined in part 2 — it is not necessary to particularise the dangerous drug in respect of which the offence is alleged to have been committed; and 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 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 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 the burden of proving any authorisation to do any act or make any omission lies on that person.\n(sec.129-ssec.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— that the plants were grown from lawfully obtained cannabis seed; and that although the person acted with reasonable diligence to prevent the contravention, the contravention was beyond the person’s control.\n(sec.129-ssec.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— that the plants were grown from lawfully obtained cannabis seed; and that although the person acted with reasonable diligence to prevent the contravention, the contravention was beyond the person’s control.\n(sec.129-ssec.4) A certificate signed by the chief executive and stating any of the following is evidence of the matter stated— a stated person was, on a stated day, the holder of a stated licence under part 5B ; a licence held by a stated person was, on a stated day, surrendered or cancelled under part 5B .\n(sec.129-ssec.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 .\n- (a) it is not necessary to particularise the dangerous drug in respect of which the offence is alleged to have been committed; and\n- (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\n- (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\n- (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\n- (e) the burden of proving any authorisation to do any act or make any omission lies on that person.\n- (a) that the plants were grown from lawfully obtained cannabis seed; and\n- (b) that although the person acted with reasonable diligence to prevent the contravention, the contravention was beyond the person’s control.\n- (a) that the plants were grown from lawfully obtained cannabis seed; and\n- (b) that although the person acted with reasonable diligence to prevent the contravention, the contravention was beyond the person’s control.\n- (a) a stated person was, on a stated day, the holder of a stated licence under part 5B ;\n- (b) a licence held by a stated person was, on a stated day, surrendered or cancelled under part 5B .","sortOrder":206},{"sectionNumber":"sec.130","sectionType":"section","heading":"Evidence of controlled substance by label","content":"### sec.130 Evidence of controlled substance by label\n\nThis section applies if, in a proceeding for an offence against this Act, it is relevant to prove that a substance owned or supplied by, or in the possession of, a person was a controlled substance.\nThe substance is proved to have been a controlled substance if—\nthere is evidence that the container containing the substance had a label indicating the substance was a controlled substance; and\na police officer gives evidence that the police officer believes the container contained a controlled substance; and\nthe defendant was served with a prosecution information notice specifying the controlled substance; and\na challenge notice has not been received from the person summoned or charged by the commissioner of the police service; and\nthe court considers the belief mentioned in paragraph (b) to be reasonably held; and\nthere is no evidence to the contrary.\ns 130 (prev s 57A) ins 2000 No. 28 s 25\namd 2002 No. 35 s 9\nrenum 2002 No. 35 s 11\namd 2006 No. 8 s 64 ; 2008 No. 4 s 29 ; 2019 No. 26 s 290 sch 2\n(sec.130-ssec.1) This section applies if, in a proceeding for an offence against this Act, it is relevant to prove that a substance owned or supplied by, or in the possession of, a person was a controlled substance.\n(sec.130-ssec.2) The substance is proved to have been a controlled substance if— there is evidence that the container containing the substance had a label indicating the substance was a controlled substance; and a police officer gives evidence that the police officer believes the container contained a controlled substance; and the defendant was served with a prosecution information notice specifying the controlled substance; and a challenge notice has not been received from the person summoned or charged by the commissioner of the police service; and the court considers the belief mentioned in paragraph (b) to be reasonably held; and there is no evidence to the contrary.\n- (a) there is evidence that the container containing the substance had a label indicating the substance was a controlled substance; and\n- (b) a police officer gives evidence that the police officer believes the container contained a controlled substance; and\n- (c) the defendant was served with a prosecution information notice specifying the controlled substance; and\n- (d) a challenge notice has not been received from the person summoned or charged by the commissioner of the police service; and\n- (e) the court considers the belief mentioned in paragraph (b) to be reasonably held; and\n- (f) there is no evidence to the contrary.","sortOrder":207},{"sectionNumber":"sec.131","sectionType":"section","heading":"Evidence of equipment being used to produce particular dangerous drugs","content":"### sec.131 Evidence of equipment being used to produce particular dangerous drugs\n\nThis section applies if, in a proceeding for an offence against this Act, it is relevant to prove that particular equipment was used in the production of a relevant dangerous drug.\nIn the absence of proof to the contrary, the equipment is proved to have been used in the production of the relevant dangerous drug if—\na police officer gives evidence that the police officer believes the equipment was used in the production of the relevant dangerous drug; and\nthe court considers that belief to be reasonably held by the police officer; and\nthe defendant was served with a prosecution information notice specifying the equipment; and\nthe defendant has not given the commissioner of police a challenge notice.\nIn this section—\nequipment includes apparatus, items and other things.\nrelevant dangerous drug means a dangerous drug specified in the Drugs Misuse Regulation 1987 , schedule 8D .\ns 131 (prev s 57B) ins 2000 No. 28 s 25\namd 2002 No. 35 s 10\nrenum 2002 No. 35 s 11\nsub 2006 No. 8 s 65\n(sec.131-ssec.1) This section applies if, in a proceeding for an offence against this Act, it is relevant to prove that particular equipment was used in the production of a relevant dangerous drug.\n(sec.131-ssec.2) In the absence of proof to the contrary, the equipment is proved to have been used in the production of the relevant dangerous drug if— a police officer gives evidence that the police officer believes the equipment was used in the production of the relevant dangerous drug; and the court considers that belief to be reasonably held by the police officer; and the defendant was served with a prosecution information notice specifying the equipment; and the defendant has not given the commissioner of police a challenge notice.\n(sec.131-ssec.3) In this section— equipment includes apparatus, items and other things. relevant dangerous drug means a dangerous drug specified in the Drugs Misuse Regulation 1987 , schedule 8D .\n- (a) a police officer gives evidence that the police officer believes the equipment was used in the production of the relevant dangerous drug; and\n- (b) the court considers that belief to be reasonably held by the police officer; and\n- (c) the defendant was served with a prosecution information notice specifying the equipment; and\n- (d) the defendant has not given the commissioner of police a challenge notice.","sortOrder":208},{"sectionNumber":"sec.131A","sectionType":"section","heading":"Evidence of medicine or poison or veterinary chemical product by container","content":"### sec.131A Evidence of medicine or poison or veterinary chemical product by container\n\nThis section applies if, in a proceeding for an offence against this Act, it is relevant to prove that a substance owned or supplied by, or in the possession of, a person was—\na medicine or poison; or\na veterinary chemical product.\nIn the absence of proof to the contrary, the substance is proved to have been the medicine or poison or veterinary chemical product shown on the label of the container in which it is contained if—\nthere is evidence that the container containing the substance was a sealed medicine or poison container; and\na police officer gives evidence that the police officer believes the sealed medicine or poison container contained a medicine or poison or veterinary chemical product; and\nthe court considers that belief to be reasonably held by the police officer; and\nthe defendant was served with a prosecution information notice specifying the medicine or poison or veterinary chemical product; and\nthe defendant has not given a challenge notice to the commissioner of the police service.\nIn this section—\nmedicine or poison means a medicine or poison that is registered or exempt under the Therapeutic Goods Act 1989 (Cwlth) .\nsealed medicine or poison container is a container—\nthat appears to contain—\na medicine or poison; or\na veterinary chemical product; and\nthat has a label indicating that the substance is a medicine or poison or a veterinary chemical product; and\nthat has an indicator or barrier to entry—\nthat can reasonably be expected to provide visible or audible evidence to consumers that tampering may have occurred; and\nthat is not breached or missing.\nveterinary chemical product means a veterinary chemical product within the meaning of the code set out in the schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) .\ns 131A ins 2006 No. 8 s 65\namd 2019 No. 26 s 290 sch 2\n(sec.131A-ssec.1) This section applies if, in a proceeding for an offence against this Act, it is relevant to prove that a substance owned or supplied by, or in the possession of, a person was— a medicine or poison; or a veterinary chemical product.\n(sec.131A-ssec.2) In the absence of proof to the contrary, the substance is proved to have been the medicine or poison or veterinary chemical product shown on the label of the container in which it is contained if— there is evidence that the container containing the substance was a sealed medicine or poison container; and a police officer gives evidence that the police officer believes the sealed medicine or poison container contained a medicine or poison or veterinary chemical product; and the court considers that belief to be reasonably held by the police officer; and the defendant was served with a prosecution information notice specifying the medicine or poison or veterinary chemical product; and the defendant has not given a challenge notice to the commissioner of the police service.\n(sec.131A-ssec.3) In this section— medicine or poison means a medicine or poison that is registered or exempt under the Therapeutic Goods Act 1989 (Cwlth) . sealed medicine or poison container is a container— that appears to contain— a medicine or poison; or a veterinary chemical product; and that has a label indicating that the substance is a medicine or poison or a veterinary chemical product; and that has an indicator or barrier to entry— that can reasonably be expected to provide visible or audible evidence to consumers that tampering may have occurred; and that is not breached or missing. veterinary chemical product means a veterinary chemical product within the meaning of the code set out in the schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) .\n- (a) a medicine or poison; or\n- (b) a veterinary chemical product.\n- (a) there is evidence that the container containing the substance was a sealed medicine or poison container; and\n- (b) a police officer gives evidence that the police officer believes the sealed medicine or poison container contained a medicine or poison or veterinary chemical product; and\n- (c) the court considers that belief to be reasonably held by the police officer; and\n- (d) the defendant was served with a prosecution information notice specifying the medicine or poison or veterinary chemical product; and\n- (e) the defendant has not given a challenge notice to the commissioner of the police service.\n- (a) that appears to contain— (i) a medicine or poison; or (ii) a veterinary chemical product; and\n- (i) a medicine or poison; or\n- (ii) a veterinary chemical product; and\n- (b) that has a label indicating that the substance is a medicine or poison or a veterinary chemical product; and\n- (c) that has an indicator or barrier to entry— (i) that can reasonably be expected to provide visible or audible evidence to consumers that tampering may have occurred; and (ii) that is not breached or missing.\n- (i) that can reasonably be expected to provide visible or audible evidence to consumers that tampering may have occurred; and\n- (ii) that is not breached or missing.\n- (i) a medicine or poison; or\n- (ii) a veterinary chemical product; and\n- (i) that can reasonably be expected to provide visible or audible evidence to consumers that tampering may have occurred; and\n- (ii) that is not breached or missing.","sortOrder":209},{"sectionNumber":"sec.131B","sectionType":"section","heading":"Evidence for ss 130 , 131 and 131A —notice of challenge","content":"### sec.131B Evidence for ss 130 , 131 and 131A —notice of challenge\n\nThis section applies if an originating step for a proceeding for an offence to which section 130 , 131 or 131A applies is taken.\nWithin 28 days after the originating step is taken, the defendant in the proceeding may be served with a prosecution information notice.\nThe prosecution information notice may be served on the defendant, and the service may be proved, in the same way as a summons under the Justices Act 1886 , section 56 .\nIf the defendant wants to challenge a claim of which notice has been given in the prosecution information notice, the defendant must, within 28 days after the prosecution information notice is served on the defendant, give a challenge notice to the commissioner of the police service.\nA magistrates court may extend the 28 day period mentioned in subsection (4) if the court considers it appropriate.\nIn this section—\noriginating step , for a proceeding, means—\nthe arrest of the defendant in the proceeding; or\nthe making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or\nthe serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 .\ns 131B ins 2006 No. 8 s 65\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2019 No. 26 s 290 sch 2\n(sec.131B-ssec.1) This section applies if an originating step for a proceeding for an offence to which section 130 , 131 or 131A applies is taken.\n(sec.131B-ssec.2) Within 28 days after the originating step is taken, the defendant in the proceeding may be served with a prosecution information notice.\n(sec.131B-ssec.3) The prosecution information notice may be served on the defendant, and the service may be proved, in the same way as a summons under the Justices Act 1886 , section 56 .\n(sec.131B-ssec.4) If the defendant wants to challenge a claim of which notice has been given in the prosecution information notice, the defendant must, within 28 days after the prosecution information notice is served on the defendant, give a challenge notice to the commissioner of the police service.\n(sec.131B-ssec.5) A magistrates court may extend the 28 day period mentioned in subsection (4) if the court considers it appropriate.\n(sec.131B-ssec.6) In this section— originating step , for a proceeding, means— the arrest of the defendant in the proceeding; or the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 .\n- (a) the arrest of the defendant in the proceeding; or\n- (b) the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or\n- (c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 .","sortOrder":210},{"sectionNumber":"sec.132","sectionType":"section","heading":"Receiving or possessing some only of the property alleged","content":"### sec.132 Receiving or possessing some only of the property alleged\n\nIf in respect of a charge against a person of having committed an offence defined in section 7 , the jury or magistrate finds specially that the person committed the offence in respect of some, but not all, of the property alleged by the prosecution that person shall not by reason only of that finding be entitled to be acquitted or have the charge dismissed, and the judge or magistrate shall enter a conviction for that offence in respect of the property so found by the jury or magistrate.\ns 132 (prev s 58) amd 1989 No. 34 s 21\nrenum 2002 No. 35 s 11","sortOrder":211},{"sectionNumber":"sec.133","sectionType":"section","heading":"Chief executive may approve forms","content":"### sec.133 Chief executive may approve forms\n\nThe chief executive may approve forms for use under this Act.\ns 133 (prev s 58A) ins 1995 No. 18 s 3 sch\nrenum 2002 No. 35 s 11","sortOrder":212},{"sectionNumber":"sec.134","sectionType":"section","heading":"Regulation-making power","content":"### sec.134 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about the following matters—\nspecifying where, and the time for which, the register and the prescribed documents mentioned in part 5A must be kept;\nexempting a person from compliance with the whole, or part, of part 5A with or without conditions;\nprescribing in the Drugs Misuse Regulation 1987 , schedules 1 to 5 a thing as a dangerous drug for this Act;\nprescribing in the Drugs Misuse Regulation 1987 , schedules 1 to 5 quantities of a dangerous drug for this Act;\nprescribing in the Drugs Misuse Regulation 1987 , schedule 6 a substance as a controlled substance for this Act;\nprescribing in the Drugs Misuse Regulation 1987 , schedule 8A , quantities of substances mentioned in the Drugs Misuse Regulation 1987 , schedule 6 that are unlawful for this Act;\nprescribing in the Drugs Misuse Regulation 1987 , schedule 8B , things that are unlawful for this Act;\nprescribing in the Drugs Misuse Regulation 1987 , schedule 8C , a combination of items that is a prohibited combination of items for this Act;\nprescribing in the Drugs Misuse Regulation 1987 , schedule 8D , the dangerous drugs to which section 131 applies;\nprescribing offences for contraventions of a regulation and fixing a maximum penalty of a fine of not more than 20 penalty units.\ns 134 (prev s 59) sub 1995 No. 18 s 7\namd 1996 No. 49 s 13\nrenum 2002 No. 35 s 11\namd 2006 No. 8 s 66 ; 2008 No. 4 s 30\n(sec.134-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.134-ssec.2) A regulation may be made about the following matters— specifying where, and the time for which, the register and the prescribed documents mentioned in part 5A must be kept; exempting a person from compliance with the whole, or part, of part 5A with or without conditions; prescribing in the Drugs Misuse Regulation 1987 , schedules 1 to 5 a thing as a dangerous drug for this Act; prescribing in the Drugs Misuse Regulation 1987 , schedules 1 to 5 quantities of a dangerous drug for this Act; prescribing in the Drugs Misuse Regulation 1987 , schedule 6 a substance as a controlled substance for this Act; prescribing in the Drugs Misuse Regulation 1987 , schedule 8A , quantities of substances mentioned in the Drugs Misuse Regulation 1987 , schedule 6 that are unlawful for this Act; prescribing in the Drugs Misuse Regulation 1987 , schedule 8B , things that are unlawful for this Act; prescribing in the Drugs Misuse Regulation 1987 , schedule 8C , a combination of items that is a prohibited combination of items for this Act; prescribing in the Drugs Misuse Regulation 1987 , schedule 8D , the dangerous drugs to which section 131 applies; prescribing offences for contraventions of a regulation and fixing a maximum penalty of a fine of not more than 20 penalty units.\n- (a) specifying where, and the time for which, the register and the prescribed documents mentioned in part 5A must be kept;\n- (b) exempting a person from compliance with the whole, or part, of part 5A with or without conditions;\n- (c) prescribing in the Drugs Misuse Regulation 1987 , schedules 1 to 5 a thing as a dangerous drug for this Act;\n- (d) prescribing in the Drugs Misuse Regulation 1987 , schedules 1 to 5 quantities of a dangerous drug for this Act;\n- (e) prescribing in the Drugs Misuse Regulation 1987 , schedule 6 a substance as a controlled substance for this Act;\n- (f) prescribing in the Drugs Misuse Regulation 1987 , schedule 8A , quantities of substances mentioned in the Drugs Misuse Regulation 1987 , schedule 6 that are unlawful for this Act;\n- (g) prescribing in the Drugs Misuse Regulation 1987 , schedule 8B , things that are unlawful for this Act;\n- (h) prescribing in the Drugs Misuse Regulation 1987 , schedule 8C , a combination of items that is a prohibited combination of items for this Act;\n- (i) prescribing in the Drugs Misuse Regulation 1987 , schedule 8D , the dangerous drugs to which section 131 applies;\n- (j) prescribing offences for contraventions of a regulation and fixing a maximum penalty of a fine of not more than 20 penalty units.","sortOrder":213},{"sectionNumber":"sec.134A","sectionType":"section","heading":"Recommendation of Minister","content":"### sec.134A Recommendation of Minister\n\nIn deciding whether to recommend the prescription of a thing as a dangerous drug for the Drugs Misuse Regulation 1987 , schedules 1 to 5 , the Minister must consider the following—\nthe likelihood or evidence of abuse of the drug, including, for example, the prevalence of the drug, consumption levels of the drug, the potential appeal of the drug to vulnerable populations and drug seizure trends;\nthe specific effects of the drug, including, for example, the pharmacological, psychoactive and toxicological effects;\nthe risks, if any, of the drug to public health and safety;\nthe therapeutic value, if any, of the drug;\nthe potential for use of the drug to cause death;\nthe ability of the drug to create physical or psychological dependence;\nthe classification and experience of the drug in other jurisdictions;\nany other matters the Minister considers appropriate.\nHowever, the Minister may decide to recommend the prescription of a thing without complying with subsection (1) if the Minister is satisfied it is necessary to recommend the prescription of the thing as a matter of urgency having regard to 1 or more of the matters listed in subsection (1) .\ns 134A ins 2008 No. 4 s 31\namd 2014 No. 39 s 47\n(sec.134A-ssec.1) In deciding whether to recommend the prescription of a thing as a dangerous drug for the Drugs Misuse Regulation 1987 , schedules 1 to 5 , the Minister must consider the following— the likelihood or evidence of abuse of the drug, including, for example, the prevalence of the drug, consumption levels of the drug, the potential appeal of the drug to vulnerable populations and drug seizure trends; the specific effects of the drug, including, for example, the pharmacological, psychoactive and toxicological effects; the risks, if any, of the drug to public health and safety; the therapeutic value, if any, of the drug; the potential for use of the drug to cause death; the ability of the drug to create physical or psychological dependence; the classification and experience of the drug in other jurisdictions; any other matters the Minister considers appropriate.\n(sec.134A-ssec.2) However, the Minister may decide to recommend the prescription of a thing without complying with subsection (1) if the Minister is satisfied it is necessary to recommend the prescription of the thing as a matter of urgency having regard to 1 or more of the matters listed in subsection (1) .\n- (a) the likelihood or evidence of abuse of the drug, including, for example, the prevalence of the drug, consumption levels of the drug, the potential appeal of the drug to vulnerable populations and drug seizure trends;\n- (b) the specific effects of the drug, including, for example, the pharmacological, psychoactive and toxicological effects;\n- (c) the risks, if any, of the drug to public health and safety;\n- (d) the therapeutic value, if any, of the drug;\n- (e) the potential for use of the drug to cause death;\n- (f) the ability of the drug to create physical or psychological dependence;\n- (g) the classification and experience of the drug in other jurisdictions;\n- (h) any other matters the Minister considers appropriate.","sortOrder":214},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional and validating provisions","content":"# Transitional and validating provisions","sortOrder":215},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Provision for Drugs Misuse Amendment Act 1996 No. 49","content":"## Provision for Drugs Misuse Amendment Act 1996 No. 49","sortOrder":216},{"sectionNumber":"sec.135","sectionType":"section","heading":"Transitional—offences committed before the enactment of Drugs Misuse Amendment Act 1996","content":"### sec.135 Transitional—offences committed before the enactment of Drugs Misuse Amendment Act 1996\n\nTo prevent doubt, it is declared that the Drugs Misuse Amendment Act 1996 (the amending Act ) does not affect proceedings for an offence against this Act committed before the commencement of the amending Act.\nThe proceedings may be continued or started as if the amending Act had not been passed.\ns 135 (prev s 62) ins 1996 No. 49 s 14\nrenum 2002 No. 35 s 11\n(sec.135-ssec.1) To prevent doubt, it is declared that the Drugs Misuse Amendment Act 1996 (the amending Act ) does not affect proceedings for an offence against this Act committed before the commencement of the amending Act.\n(sec.135-ssec.2) The proceedings may be continued or started as if the amending Act had not been passed.","sortOrder":217},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Provision for Drugs Misuse Amendment Act 2002 No. 35","content":"## Provision for Drugs Misuse Amendment Act 2002 No. 35","sortOrder":218},{"sectionNumber":"sec.136","sectionType":"section","heading":"Transitional provision for regulation provisions in force under repealed part 5B","content":"### sec.136 Transitional provision for regulation provisions in force under repealed part 5B\n\nUntil the end of 18 December 2002, the relevant provisions of the regulation continue to have effect as if the repealed part 5B had not been repealed.\nIn this section—\namending Act means the Drugs Misuse Amendment Act 2002.\nregulation means the Drugs Misuse Regulation 1987 .\nrelevant provisions , of the regulation, means the provisions of the regulation that were in force immediately before the commencement of this section for the purposes of the repealed part 5B.\nrepealed part 5B means part 5B of this Act as repealed by section 7 of the amending Act.\ns 136 ins 2002 No. 35 s 12\n(sec.136-ssec.1) Until the end of 18 December 2002, the relevant provisions of the regulation continue to have effect as if the repealed part 5B had not been repealed.\n(sec.136-ssec.2) In this section— amending Act means the Drugs Misuse Amendment Act 2002. regulation means the Drugs Misuse Regulation 1987 . relevant provisions , of the regulation, means the provisions of the regulation that were in force immediately before the commencement of this section for the purposes of the repealed part 5B. repealed part 5B means part 5B of this Act as repealed by section 7 of the amending Act.","sortOrder":219},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Provision for Drug Legislation Amendment Act 2006","content":"## Provision for Drug Legislation Amendment Act 2006","sortOrder":220},{"sectionNumber":"sec.137","sectionType":"section","heading":"Transitional provision for ss 130–131B","content":"### sec.137 Transitional provision for ss 130–131B\n\nThis section applies if—\nbefore the commencement an originating step for a proceeding for an offence to which section 130, 131 or 131A applies was taken; and\nbefore the commencement, a committal hearing or summary hearing had not been held in relation to the defendant for the proceeding for the offence; and\nthe committal hearing or summary hearing is not listed for hearing during the relevant period.\nOn the commencement—\nsection 130, 131 or 131A applies to a proceeding against the defendant for the offence; and\nsection 131B applies to the defendant, subject to subsection (3).\nFor applying section 131B(2) to a proceeding against the defendant, the originating step for the proceeding is taken to have been taken on the commencement and a prosecution information notice may be served on the defendant within 28 days after the commencement.\nIn this section—\ncommencement means the commencement of this section.\nrelevant period means the period—\nstarting on the day this section commences; and\nending on the day that is 56 days later.\ns 137 ins 2006 No. 8 s 69\n(sec.137-ssec.1) This section applies if— before the commencement an originating step for a proceeding for an offence to which section 130, 131 or 131A applies was taken; and before the commencement, a committal hearing or summary hearing had not been held in relation to the defendant for the proceeding for the offence; and the committal hearing or summary hearing is not listed for hearing during the relevant period.\n(sec.137-ssec.2) On the commencement— section 130, 131 or 131A applies to a proceeding against the defendant for the offence; and section 131B applies to the defendant, subject to subsection (3).\n(sec.137-ssec.3) For applying section 131B(2) to a proceeding against the defendant, the originating step for the proceeding is taken to have been taken on the commencement and a prosecution information notice may be served on the defendant within 28 days after the commencement.\n(sec.137-ssec.4) In this section— commencement means the commencement of this section. relevant period means the period— starting on the day this section commences; and ending on the day that is 56 days later.\n- (a) before the commencement an originating step for a proceeding for an offence to which section 130, 131 or 131A applies was taken; and\n- (b) before the commencement, a committal hearing or summary hearing had not been held in relation to the defendant for the proceeding for the offence; and\n- (c) the committal hearing or summary hearing is not listed for hearing during the relevant period.\n- (a) section 130, 131 or 131A applies to a proceeding against the defendant for the offence; and\n- (b) section 131B applies to the defendant, subject to subsection (3).\n- (a) starting on the day this section commences; and\n- (b) ending on the day that is 56 days later.","sortOrder":221},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Provision for Primary Industries Legislation Amendment Act 2006","content":"## Provision for Primary Industries Legislation Amendment Act 2006","sortOrder":222},{"sectionNumber":"sec.138","sectionType":"section","heading":"Provision about particular applications","content":"### sec.138 Provision about particular applications\n\nThis section applies if, before the commencement, a person has applied for, or for renewal of, a licence under section 54 or 65 and the application has not been decided.\nSections 54 and 65 as in force immediately before the commencement continue to apply to the application.\nIn this section—\ncommencement means the day this section commences.\ns 138 ins 2006 No. 48 s 28\n(sec.138-ssec.1) This section applies if, before the commencement, a person has applied for, or for renewal of, a licence under section 54 or 65 and the application has not been decided.\n(sec.138-ssec.2) Sections 54 and 65 as in force immediately before the commencement continue to apply to the application.\n(sec.138-ssec.3) In this section— commencement means the day this section commences.","sortOrder":223},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Provision for Drugs Misuse Amendment Act 2008","content":"## Provision for Drugs Misuse Amendment Act 2008","sortOrder":224},{"sectionNumber":"sec.139","sectionType":"section","heading":"Transitional provision for offences committed before the enactment of Drugs Misuse Amendment Act 2008","content":"### sec.139 Transitional provision for offences committed before the enactment of Drugs Misuse Amendment Act 2008\n\nThis section applies to the sentencing of a person convicted of an offence committed against section 5, 6(1), 7, 8, 8A(1), 9, 10(1) or 11(1) before the commencement of this section even if the conviction happens after the commencement.\nThe Act as in force immediately before the commencement continues to apply to the sentencing.\ns 139 ins 2008 No. 4 s 32\n(sec.139-ssec.1) This section applies to the sentencing of a person convicted of an offence committed against section 5, 6(1), 7, 8, 8A(1), 9, 10(1) or 11(1) before the commencement of this section even if the conviction happens after the commencement.\n(sec.139-ssec.2) The Act as in force immediately before the commencement continues to apply to the sentencing.","sortOrder":225},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 ins 2008 No. 4 s 32\nom 2013 No. 39 s 109 sch 2","sortOrder":226},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Provision for Criminal Code and Other Acts Amendment Act 2008","content":"## Provision for Criminal Code and Other Acts Amendment Act 2008","sortOrder":227},{"sectionNumber":"sec.141","sectionType":"section","heading":"Reference in schedule to Criminal Code offence","content":"### sec.141 Reference in schedule to Criminal Code offence\n\nThe schedule applies as if the reference to the Criminal Code , section 415 included a reference to the Criminal Code , section 415 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .\ns 141 ins 2008 No. 55 s 150 sch","sortOrder":228},{"sectionNumber":"pt.7-div.7","sectionType":"division","heading":"Provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010","content":"## Provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010","sortOrder":229},{"sectionNumber":"sec.142","sectionType":"section","heading":"New summary disposition provisions apply only to prosecutions commenced after commencement","content":"### sec.142 New summary disposition provisions apply only to prosecutions commenced after commencement\n\nSection 14, as inserted by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 , applies in relation to a charge for an offence only if an originating step for the proceeding for the charge is taken on or after the commencement of this section.\nFor subsection (1), it does not matter when the offence was committed.\nIn this section—\noriginating step , for a proceeding, means—\nthe arrest of the defendant in the proceeding; or\nthe making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or\nthe serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 .\ns 142 ins 2010 No. 26 s 64\n(sec.142-ssec.1) Section 14, as inserted by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 , applies in relation to a charge for an offence only if an originating step for the proceeding for the charge is taken on or after the commencement of this section.\n(sec.142-ssec.2) For subsection (1), it does not matter when the offence was committed.\n(sec.142-ssec.3) In this section— originating step , for a proceeding, means— the arrest of the defendant in the proceeding; or the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 .\n- (a) the arrest of the defendant in the proceeding; or\n- (b) the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or\n- (c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 .","sortOrder":230},{"sectionNumber":"pt.7-div.8","sectionType":"division","heading":"Provision for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013","content":"## Provision for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013","sortOrder":231},{"sectionNumber":"sec.143","sectionType":"section","heading":"Validation of orders for forfeiture or restraint made by District Court before commencement","content":"### sec.143 Validation of orders for forfeiture or restraint made by District Court before commencement\n\nThis section applies to an order made before the commencement of this section by the District Court under part 5.\nThe order is taken to be, and always to have been, as valid and effective as it would have been if section 30(1), definition court included a reference to the District Court at the relevant time.\ns 143 ins 2013 No. 14 s 48\n(sec.143-ssec.1) This section applies to an order made before the commencement of this section by the District Court under part 5.\n(sec.143-ssec.2) The order is taken to be, and always to have been, as valid and effective as it would have been if section 30(1), definition court included a reference to the District Court at the relevant time.","sortOrder":232},{"sectionNumber":"sec.144","sectionType":"section","heading":null,"content":"### Section sec.144\n\ns 144 ins 2013 No. 14 s 48\nom 2013 No. 39 s 109 sch 2","sortOrder":233},{"sectionNumber":"pt.7-div.9","sectionType":"division","heading":"Provision for Justice and Other Legislation Amendment Act 2013","content":"## Provision for Justice and Other Legislation Amendment Act 2013","sortOrder":234},{"sectionNumber":"sec.145","sectionType":"section","heading":"Transitional provision for offence of trafficking in dangerous drugs","content":"### sec.145 Transitional provision for offence of trafficking in dangerous drugs\n\nSection 5(2) applies to an offence against that section only if the act or omission constituting the offence occurred wholly on or after 13 August 2013.\ns 145 ins 2013 No. 35 s 68C","sortOrder":235},{"sectionNumber":"pt.7-div.10","sectionType":"division","heading":"Provision for Criminal Law Amendment Act 2017","content":"## Provision for Criminal Law Amendment Act 2017","sortOrder":236},{"sectionNumber":"sec.146","sectionType":"section","heading":"Validation of analysts’ certificates signed before commencement","content":"### sec.146 Validation of analysts’ certificates signed before commencement\n\nThis section applies to a certificate signed by an analyst under section 128 before the commencement.\nThe certificate is taken to be, and to have always been, as valid and effective as it would have been if it were signed after the commencement.\ns 146 ins 2017 No. 6 s 28\n(sec.146-ssec.1) This section applies to a certificate signed by an analyst under section 128 before the commencement.\n(sec.146-ssec.2) The certificate is taken to be, and to have always been, as valid and effective as it would have been if it were signed after the commencement.","sortOrder":237},{"sectionNumber":"pt.7-div.11","sectionType":"division","heading":"Provisions for Hospital Foundations Act 2018","content":"## Provisions for Hospital Foundations Act 2018","sortOrder":238},{"sectionNumber":"sec.147","sectionType":"section","heading":"Existing application for licence","content":"### sec.147 Existing application for licence\n\nThis section applies if an application for a licence under part 5B was made, but not decided, before the commencement.\nThis Act, as in force immediately before the commencement, continues to apply in relation to the application.\ns 147 ins 2018 No. 5 s 114\n(sec.147-ssec.1) This section applies if an application for a licence under part 5B was made, but not decided, before the commencement.\n(sec.147-ssec.2) This Act, as in force immediately before the commencement, continues to apply in relation to the application.","sortOrder":239},{"sectionNumber":"sec.148","sectionType":"section","heading":"Existing application for category 1 or category 2 researcher licence","content":"### sec.148 Existing application for category 1 or category 2 researcher licence\n\nThis section applies if an application for a category 1 or a category 2 researcher licence was made, but not decided, before the commencement.\nThis Act, as in force immediately before the commencement, continues to apply in relation to the application.\nDespite subsection (2), if the chief executive decides to grant the licence—\nthe licence granted is a researcher licence; and\nif the application was for a category 2 researcher licence—the licence is subject to a condition prohibiting the licensee from dealing with class A research cannabis plants and seed under the licence.\ns 148 ins 2018 No. 5 s 130\n(sec.148-ssec.1) This section applies if an application for a category 1 or a category 2 researcher licence was made, but not decided, before the commencement.\n(sec.148-ssec.2) This Act, as in force immediately before the commencement, continues to apply in relation to the application.\n(sec.148-ssec.3) Despite subsection (2), if the chief executive decides to grant the licence— the licence granted is a researcher licence; and if the application was for a category 2 researcher licence—the licence is subject to a condition prohibiting the licensee from dealing with class A research cannabis plants and seed under the licence.\n- (a) the licence granted is a researcher licence; and\n- (b) if the application was for a category 2 researcher licence—the licence is subject to a condition prohibiting the licensee from dealing with class A research cannabis plants and seed under the licence.","sortOrder":240},{"sectionNumber":"sec.149","sectionType":"section","heading":"Transition of existing category 1 or category 2 researcher licence","content":"### sec.149 Transition of existing category 1 or category 2 researcher licence\n\nThis section applies if, immediately before the commencement, a person held a category 1 or category 2 researcher licence.\nThe licence continues in force after the commencement as a researcher licence—\nsubject to any conditions that applied to the licence immediately before the commencement; and\nif the licence was a category 2 researcher licence—subject to a condition prohibiting the licensee from dealing with class A research cannabis plants and seed under the licence; and\nuntil the licence expires or is renewed, cancelled or surrendered.\ns 149 ins 2018 No. 5 s 130\nsch ins 2002 No. 35 s 12\namd 2008 No. 55 s 150 sch; 2016 No. 62 s 493 s ch 1 pt 1\nom 2018 No. 5 s 115\nsch 1 amd 1996 No. 49 s 15\nreloc (as reg pubd gaz 31 October 1987 pp 836–47, sch 1) 1996 No. 49 s 21\nsch 2 amd 1987 No. 53 s 11 ; 1989 No. 34 s 22 ; 1996 No. 49 s 16\nreloc (as reg pubd gaz 31 October 1987 pp 836–47, sch 2) 1996 No. 49 s 21\nsch 3 amd 1987 No. 53 s 12 ; 1989 No. 34 s 23\nsub 1990 No. 88 s 3 sch\namd 1996 No. 49 s 17\nreloc (as reg pubd gaz 31 October 1987 pp 836–47, sch 3) 1996 No. 49 s 21\nsch 4 amd 1996 No. 49 s 18\nreloc (as reg pubd gaz 31 October 1987 pp 836–47, sch 4) 1996 No. 49 s 21\nsch 5 amd 1987 No. 53 s 13 ; 1996 No. 49 s 19\nreloc (as reg pubd gaz 31 October 1987 pp 836–47, sch 5) 1996 No. 49 s 21\nsch 6 ins 1995 No. 18 s 8\namd 1996 No. 49 s 20\nreloc (as reg pubd gaz 31 October 1987 pp 836–47, sch 6) 1996 No. 49 s 21\n(sec.149-ssec.1) This section applies if, immediately before the commencement, a person held a category 1 or category 2 researcher licence.\n(sec.149-ssec.2) The licence continues in force after the commencement as a researcher licence— subject to any conditions that applied to the licence immediately before the commencement; and if the licence was a category 2 researcher licence—subject to a condition prohibiting the licensee from dealing with class A research cannabis plants and seed under the licence; and until the licence expires or is renewed, cancelled or surrendered.\n- (a) subject to any conditions that applied to the licence immediately before the commencement; and\n- (b) if the licence was a category 2 researcher licence—subject to a condition prohibiting the licensee from dealing with class A research cannabis plants and seed under the licence; and\n- (c) until the licence expires or is renewed, cancelled or surrendered.","sortOrder":241}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":930},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1986 scope. The original Act focused on criminal offences for dangerous drugs. Major additions include: Part 5B (industrial cannabis licensing) added in 2002, creating a complex regulatory scheme for low-THC cannabis production; Part 5A (information requirements for controlled substances) added in 1995; and substantial amendments to forfeiture provisions. The industrial cannabis scheme in particular represents a major shift from pure prohibition to controlled legal production, requiring extensive administrative machinery including licensing, inspections, and compliance monitoring that goes well beyond the original criminal law framework."},"complexity_factors":["Multiple overlapping offence categories with tiered penalties based on drug schedules, quantities, and aggravating circumstances","Extensive cross-referencing to Drugs Misuse Regulation 1987 (Schedules 1-8) for drug classifications and quantity thresholds","Nested conditional logic in sentencing provisions (e.g., Section 8 with 5 different penalty tiers depending on drug schedule, quantity, and whether offender proves drug dependency)","Complex forfeiture and restraint scheme in Part 5 with multiple court jurisdictions and third-party interest provisions","Detailed licensing scheme in Part 5B for industrial cannabis with three licence types, fit and proper person tests, and criminal history checks","Multiple definitions sections with forward references (e.g., 'for Part 5B, see section 46') creating circular reading patterns","Amendment history showing substantial rewrites (e.g., Sections 15-29 completely omitted in 2000, Part 5B added in 2002)","Interaction with other Acts including Penalties and Sentences Act 1992, Criminal Proceeds Confiscation Act 2002, and Narcotic Drugs Act 1967 (Cwlth)"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's main law for controlling dangerous drugs. It creates serious criminal offences for drug trafficking, supply, production, and possession, with penalties ranging from fines up to life imprisonment.\n\n**Key offences covered:**\n\n- **Trafficking** (Section 5): Running a business of unlawfully selling drugs — maximum penalty is life imprisonment\n- **Supplying** (Section 6): Giving, selling, or distributing dangerous drugs to others — penalties vary from 15 years to life depending on the drug type and circumstances (supplying to children, schools, or prisons attracts higher penalties)\n- **Producing** (Section 8): Manufacturing, cultivating, or preparing dangerous drugs — up to 25 years imprisonment\n- **Possessing** (Section 9): Having dangerous drugs — penalties depend on drug type and quantity\n\n**Special features:**\n\n- **Aggravated supply**: Higher penalties apply when drugs are supplied to minors under 16, minors 16+, intellectually impaired people, in educational institutions, in correctional facilities, or without the recipient's knowledge\n- **Drug-dependent persons**: Some offenders can get reduced sentences if they prove they were drug-dependent when committing the offence\n- **Treatment orders**: Courts can order eligible offenders into drug and alcohol treatment programs instead of harsher penalties\n\n**Property and proceeds:**\n\nThe law allows courts to **forfeit** (seize) property and money obtained from drug crimes, including cars, houses, and cash. Police can also get **restraining orders** to freeze property while investigations continue.\n\n**Industrial cannabis exception:**\n\nPart 5B creates a licensed system for growing low-THC cannabis (industrial hemp) for fibre and seed production. Growers, researchers, and seed handlers need licences from the chief executive, with strict conditions about THC levels (must be 1% or less in leaves and flowering heads).\n\n**Who it affects:**\n\n- Anyone involved with dangerous drugs in Queensland\n- Licensed industrial cannabis producers\n- Police and prosecutors handling drug cases\n- Courts determining sentences and forfeiture orders\n\n**Why it matters:**\n\nThis law carries some of the heaviest penalties in Queensland's criminal justice system. The definitions of \"dangerous drug\" and \"supply\" are extremely broad — even sharing a small amount with a friend can trigger serious charges. The forfeiture provisions mean drug convictions can result in losing significant assets, even if those assets were only indirectly connected to offending."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originally focused solely on prohibiting drug offences (trafficking, supply, possession) with associated penalties. Over time, it expanded significantly: Part 5A (1995) added record-keeping for controlled substances; Part 5B (2002) created a comprehensive licensing system for commercial cannabis production, including grower, researcher, and seed handler licenses with inspector powers and compliance notices. The forfeiture and restraint provisions (Part 5) were also broadened. These additions extend well beyond the original prohibition framework, introducing regulatory and quasi-licensing functions."},"complexity_factors":["Extensive definition section with 70+ defined terms","Multiple schedules in the regulation determining drug classifications and quantities","Complex penalty structures with tiered thresholds (e.g., schedule 3 vs schedule 4 quantities)","Nested cross-references between parts (e.g., definitions in s.4 applied across Part 2 and Part 5)","Layered exceptions and defences (e.g., for drug-dependent persons, lawful prescriptions, industrial cannabis licenses)","Separate regulatory regimes for controlled substances (Part 5A) and industrial cannabis (Part 5B) with distinct licensing, inspection, and enforcement provisions","Detailed forfeiture and restraint procedures (Part 5) with multiple conditions and third-party rights","Transitional provisions preserving old law for pre-amendment offences"],"plain_english_summary":"This Queensland law defines and penalises drug-related offences. It lists substances classified as 'dangerous drugs' (illegal drugs) and makes it a crime to traffic, supply, produce, possess, or have equipment for drug use or production. Penalties range from fines to life imprisonment, depending on the drug type and quantity. The law also allows police to seize property linked to drug crimes (forfeiture), requires businesses that handle certain chemicals to keep records, and creates a licensing system for growing industrial cannabis (hemp) for fibre and seed. It applies to anyone in Queensland and is enforced by police and courts."},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1986 Act was a focused drug prohibition and enforcement statute. Over nearly four decades of amendment, its scope has expanded substantially to include: (1) a comprehensive industrial cannabis licensing and regulation scheme (Part 5B) that is almost a separate Act within the Act; (2) offences targeting drug precursor chemicals and prohibited combinations of items, reflecting the rise of synthetic drug manufacture; (3) an analogue drug regime to capture designer/synthetic drugs not on original schedules; (4) drug treatment orders and diversion pathways as an alternative to pure punishment; (5) forfeiture and asset restraint provisions covering converted and third-party held proceeds; and (6) offences covering publishing or possessing instructions for producing drugs, responding to the internet era. The Act has grown from a criminal prohibition law into a hybrid instrument covering prohibition, public health diversion, industrial licensing, and civil asset recovery."},"complexity_factors":["Extensive cross-referencing to companion regulations (Drugs Misuse Regulation 1987, Schedules 1–8C) that are not reproduced in the Act itself, meaning the actual list of prohibited substances and threshold quantities is invisible without consulting a separate document","Highly technical scientific definition of 'analogue' using chemistry terminology (structural isomers, carbocyclic rings, stereo-isomers, homologues) that requires expert interpretation","Tiered, multi-variable sentencing structure where penalties depend on: (a) which Schedule the drug appears in, (b) the quantity relative to multiple threshold schedules, (c) whether aggravating circumstances apply, (d) whether the offender was drug-dependent, and (e) whether a treatment order is made","Multiple overlapping offence categories (possessing, producing, supplying, trafficking, possessing precursors, possessing instructions, permitting premises, receiving proceeds) each with distinct elements and penalties","Broad, expansive definitions — 'supply', 'produce', and 'dangerous drug' all extend to preparatory acts, offers, and substances intended to have drug-like effects, creating significant legal uncertainty about the boundaries of each offence","Numerous amendments since 1986 (30+ amending Acts) creating a patchwork of inserted, substituted, and omitted provisions that are difficult to read as a coherent whole","Interaction with multiple other statutes including the Penalties and Sentences Act 1992, Director of Public Prosecutions Act 1984, Medicines and Poisons Act 2019, and Australian Crime Commission Act 2002 (Cwlth)","Separate licensing and regulatory regime for industrial cannabis (Part 5B) with its own definitions, licence categories, and compliance framework running in parallel to the prohibition scheme","Deemed conviction provisions and extended forfeiture regime requiring understanding of civil and criminal property law","Prosecution information notice and challenge notice procedure creating a technical procedural trap for defendants unfamiliar with the regime"],"plain_english_summary":"## Queensland's Drugs Misuse Act 1986 — What It Means For You\n\nThis is Queensland's primary law dealing with illegal drugs. It has been amended many times since 1986 and covers a wide range of drug-related conduct — from simple possession through to large-scale trafficking.\n\n### Who does this affect?\nEssentially **everyone in Queensland**. Whether you use drugs recreationally, work in healthcare or research, grow industrial hemp, or are involved in law enforcement, some part of this Act touches you.\n\n---\n\n### What are the main offences and penalties?\n\n**The serious crimes (tried in higher courts):**\n- **Trafficking** (running a drug business): Up to **life imprisonment**\n- **Supplying drugs to a minor under 16**: Up to **life imprisonment** for Schedule 1 drugs (the most dangerous, like heroin and methamphetamine)\n- **Supplying drugs generally**: 15–25 years depending on the drug and circumstances\n- **Producing drugs**: 15–25 years depending on drug type and quantity\n- **Possessing drugs**: 15–25 years depending on drug type and quantity\n- **Possessing instructions on how to make drugs**: Up to 25 years\n- **Receiving money or property from drug dealing**: Up to 20 years\n- **Possessing a 'prohibited combination' of drug-making chemicals**: Up to 25 years — even if the chemicals are kept in different locations\n\n**Lesser offences (can be dealt with in a Magistrates Court):**\n- Possessing drug paraphernalia (pipes, bongs etc.): Up to 2 years\n- Supplying a needle/syringe for drug use (if you're not a doctor or pharmacist): Up to 2 years\n- Failing to safely store or dispose of used needles: Up to 2 years\n\n---\n\n### What counts as a 'dangerous drug'?\nThe definition is deliberately broad. It includes:\n- Specific substances listed in government schedules (regulations)\n- **Analogues** — chemicals that are structurally similar to listed drugs (this is how the law catches 'designer drugs' or 'synthetic drugs' that are tweaked to avoid being on the list)\n- Anything *intended* to have the same effect as a listed drug — so if you *intend* to sell something as a drug, it can be treated as one even if it isn't technically on the list\n\n---\n\n### Aggravated (worse) offences\nPenalties jump significantly if you supply drugs to:\n- Children (especially under 16)\n- People with intellectual disabilities\n- People inside schools or prisons\n- People who don't know they're being given a drug\n\n---\n\n### Industrial cannabis/hemp — a special carve-out\nThe Act includes a separate licensing scheme for **industrial cannabis** (hemp). Farmers, researchers, and seed handlers can apply for licences to grow low-THC cannabis legally. Products made from industrial hemp with less than 0.1% THC that can't be smoked are exempt from the main drug offences.\n\n---\n\n### What happens to your stuff?\nCourts can **forfeit (permanently take)** drugs, money, and property connected to drug offences. Property derived from drug dealing — even if it has changed hands or been converted into other assets — can be seized.\n\n---\n\n### Treatment orders — a path away from prison\nFor some lower-level possession and supply offences, especially where someone is drug-dependent, cases can be dealt with in a lower court if the accused agrees to a **drug and alcohol treatment order** (a court-supervised treatment program). This can reduce the maximum sentence to 4 years rather than up to 25.\n\n---\n\n### Key takeaway\nThis Act is tough. Even *preparatory* acts — offering to supply, getting ready to produce, or possessing the right combination of chemicals — can result in serious criminal charges. The definition of 'dangerous drug' is wide enough to capture novel synthetic substances, and penalties can reach life imprisonment for the most serious conduct."}},"importantCases":[],"_links":{"self":"/api/acts/drugs-misuse-act-1986","history":"/api/acts/drugs-misuse-act-1986/history","analysis":"/api/acts/drugs-misuse-act-1986/analysis","conflicts":"/api/acts/drugs-misuse-act-1986/conflicts","importantCases":"/api/acts/drugs-misuse-act-1986/important-cases","documents":"/api/acts/drugs-misuse-act-1986/documents"}}