{"id":"misuse-of-drugs-act-1990","name":"Misuse of Drugs Act 1990","slug":"misuse-of-drugs-act-1990","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30398,"registerId":"nt-misuse-of-drugs-act-1990-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Misuse of Drugs Act 1990.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act:\nanalyst means a person who is:\n(a) appointed to be an analyst under subsection (8); or\n(b) authorised under a law of the Commonwealth, a State or\nanother Territory to issue a certificate or other document\nrelating to a dangerous drug or other substance that is prima\nfacie evidence of the facts alleged in the document.\nauthorisation, for Part IIAB, see section 19U.\nauthorised prescriber, see section 5 of the Medicines, Poisons\nand Therapeutic Goods Act 2012.\nchild means a person who has not attained the age of 18 years.\ncommercial quantity, in relation to a dangerous drug, means a\nquantity or amount equal to or exceeding the quantity or amount of\nthat dangerous drug specified in column 3 of Schedule 1 or 2\nopposite to the name of that dangerous drug specified in column 1\nof that Schedule.\n\nMisuse of Drugs Act 1990 2\ncultivate, in relation to a plant, includes the following:\n(a) plant a seed, seedling or cutting of the plant or transplant the\nplant;\n(b) nurture, tend or grow the plant;\n(c) guard or conceal the plant, including against interference or\ndiscovery by humans or natural predators;\n(d) harvest the plant, including picking any part of the plant or\nseparating any resin or other substance from the plant.\ndangerous drug means a Schedule 1 drug or Schedule 2 drug.\nNote for definition dangerous drug\nSee also subsection (2).\ndentist means a person registered under the Health Practitioner\nRegulation National Law:\n(a) to practise in the dental profession as a dentist (other than as\na student); and\n(b) in the dentists division of that profession.\ndetection dog, see section 19U.\ndrug analogue, see section 4B.\ndrug detection area, see section 19U.\nelectronic drug detection system, see section 19U.\nfirearm, see section 3(1) of the Firearms Act 1997.\ngeneral drug detection, see section 19U.\nhulled, in relation to a seed, means a seed from which the outer\ncoat or hull has been removed.\nindigenous community means an area prescribed by regulation.\ninfringement notice, see section 20A(1).\ninfringement notice offence, see section 20(1).\nlow THC Cannabis sativa is a Cannabis sativa plant with a\nconcentration of no more than 1% of delta 9-tetrahydrocanabinol in\nthe plant's leaves and flowering heads.\n\nMisuse of Drugs Act 1990 3\nmanufacture, in relation to a substance or thing, means any\nprocess by which the substance or thing is:\n(a) produced, other than by the cultivation of a plant; or\n(b) extracted or refined; or\n(c) transformed into a different substance.\nnon-viable, in relation to a seed, means a seed that is not able to\ngerminate.\nnurse practitioner means a person:\n(a) registered under the Health Practitioner Regulation National\nLaw to practise in the nursing profession (other than as a\nstudent); and\n(b) whose registration is endorsed as being qualified to practice\nas a nurse practitioner.\noptometrist means a person registered under the Health\nPractitioner Regulation National Law to practise in the optometry\nprofession (other than as a student).\npermissible Cannabis seeds are seeds of low THC Cannabis\nsativa that:\n(a) contain not more than 0.0005% of tetrahydocannabinol; and\n(b) are non-viable and hulled; and\n(c) contain only naturally present cannabinoids.\npharmacist means a person registered under the Health\nPractitioner Regulation National Law to practise in the pharmacy\nprofession (other than as a student).\nplace includes a vehicle.\npolice dog, see section 19U.\npossession, in relation to a person, includes being subject to the\nperson's control notwithstanding that the thing possessed is in the\ncustody of another person.\nprecursor means a substance prescribed by the Regulations as a\nprecursor.\npremises includes a structure, building or place (whether built on or\nnot) and any part of a structure, building or place.\n\nMisuse of Drugs Act 1990 4\nprescribed amount, see section 20(2).\nproduce means:\n(a) prepare, package or produce;\n(b) offering to prepare, package or produce; or\n(c) doing or offering to do an act preparatory to, in furtherance of,\nor for the purpose of, preparing, packaging or producing.\nprohibited plant means:\n(a) a plant that is specified in Schedule 1 or 2; or\n(b) a plant that is not specified in Schedule 1 or 2 if a part of the\nplant, or an extract from the plant, is specified in Schedule 1\nor 2.\npublic place includes any highway, premises or place (including\nwater) to which at the material time the public have or are permitted\nto have access, whether on payment or otherwise, and any vehicle\non or in a public place.\nreasonably believes means believes on reasonable grounds.\nreasonably suspects means suspects on reasonable grounds.\nroad, see section 19U.\n","sortOrder":2},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"drug means:","content":"Schedule 1 drug means:\n(a) a substance or thing that is specified in Schedule 1; or\n(b) a plant that is not specified in Schedule 1 if a part of the plant,\nor an extract from the plant, is specified in Schedule 1.\n","sortOrder":3},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"drug means:","content":"Schedule 2 drug means:\n(a) a substance or thing that is specified in Schedule 2; or\n(b) a plant that is not specified in Schedule 2 if a part of the plant,\nor an extract from the plant, is specified in Schedule 2.\nsenior police officer, see section 19U.\nsupply means:\n(a) give, distribute, sell, administer, transport or supply, whether\nor not for fee, reward or consideration or in expectation of fee,\nreward or consideration; or\n\nMisuse of Drugs Act 1990 5\n(b) offer to do an act mentioned in paragraph (a); or\n(c) do, or offer to do, an act preparatory to, in furtherance of, or\nfor the purpose of, an act mentioned in paragraph (a);\nand includes barter and exchange.\ntraffickable quantity, in relation to a dangerous drug, means a\nquantity or amount equal to or exceeding the quantity or amount of\nthat dangerous drug specified in column 2 of Schedule 1 or 2\nopposite to the name of the dangerous drug specified in column 1\nof that Schedule.\nvehicle includes any means of transport whatsoever by land, water\nor through the air.\nveterinarian means a registered veterinarian as defined in\nsection 3(1) of the Veterinarians Act 1994.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) In this Act, a reference to a dangerous drug includes a reference to:\n(a) a substance which is, in relation to a dangerous drug:\n(i) an active principal of that dangerous drug;\n(ii) a preparation or mixture of that dangerous drug (which\nmay include a substance that is not a dangerous drug)\nthat contains any proportion of that dangerous drug; or\n(iii) a salt of that dangerous drug or active principal,\nexcept where the substance is separately specified in\nSchedule 1 or 2; and\n(b) a substance that is a drug analogue in relation to the\ndangerous drug, unless the substance is:\n(i) a dangerous drug; or\n(ii) a Scheduled substance as defined in section 7 of the\nMedicines, Poisons and Therapeutic Goods Act 2012.\n(3) Subject to subsection (3A), for the purposes of determining under\nthis Act whether an amount of a preparation or mixture of\nsubstances that contains a dangerous drug is equal to or more than\nthe traffickable quantity or commercial quantity of the dangerous\ndrug, the amount is to be determined as if all of the preparation or\n\nMisuse of Drugs Act 1990 6\nmixture were comprised of the dangerous drug.\n(3A) If the preparation or mixture contains more than one dangerous\ndrug, subsection (3B) applies.\n(3B) If:\n(a) all dangerous drugs found in the preparation or mixture are\nspecified in Schedule 1:\ncolumn 2 of Schedule 1; and\nopposite it in column 3 of Schedule 1;\n(b) all dangerous drugs found in the preparation or mixture are\nspecified in Schedule 2:\ncolumn 2 of Schedule 2; and\nopposite it, in column 3 of Schedule 2; or\n(c) one or more of the dangerous drugs found in the preparation\nor mixture is specified in Schedule 1 and one or more of the\nother dangerous drugs found in the preparation or mixture are\nspecified in Schedule 2:\ncolumn 2 of Schedule 1; and\n\nMisuse of Drugs Act 1990 7\nopposite it in column 3 of Schedule 1.\n(4) For this Act, the traffickable quantity or commercial quantity,\nrespectively, of a substance that is a drug analogue is the\ntraffickable quantity or commercial quantity of the dangerous drug\nin respect of which the drug analogue is a drug analogue.\n(5) In this Act, a reference to the use or administration of a dangerous\ndrug includes a reference to the ingestion, injection, inhalation and\nsmoking of a dangerous drug, the inhalation of fumes caused by\nthe heating or burning of a dangerous drug and any other means of\nintroducing a dangerous drug into any part of the body of a person.\n(6) For this Act and the Regulations, a person takes part in the supply,\ncultivation, manufacture or production of a dangerous drug if the\nperson:\n(a) takes, or participates in, a step, or causes a step to be taken,\nin the process of that supply, cultivation, manufacture or\nproduction; or\n(b) provides or arranges finance for such a step in that process;\nor\n(c) provides the premises in or on which such a step in that\nprocess is taken, or suffers or permits such a step in that\nprocess to be taken in or on premises of which the person is\nthe owner, lessee or occupier or in the management of which\nthe person participates; or\n(d) exercises control or direction over a step in that process.\n(7) In this Act a reference to an offence against this Act or a particular\nprovision of this Act shall be read and construed as including an\nattempt or a conspiracy to commit such an offence.\n(7A) In this Act, unless the contrary intention appears, a thing is taken to\nbe connected with, or relate to, an offence if the thing is taken to be\na thing connected with, or relating to, an offence under\nsection 116(1) of the Police Administration Act 1978.\n(8) The Minister may, by notice in the Gazette, appoint a person to be\nan analyst for the purposes of this Act.\n\nMisuse of Drugs Act 1990 8\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Act to bind Crown and application","content":"4 Act to bind Crown and application\n(1) This Act binds the Crown not only in right of the Territory but, so far\nas the legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(2) The provisions of this Act are in addition to, and, except to the\nextent so provided by this Act, do not derogate from, the provisions\nof any other Act.\n","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"Relationship with Hemp Industry Act 2019","content":"4A Relationship with Hemp Industry Act 2019\n(1) This Act does not affect the operation of the Hemp Industry\nAct 2019 or make unlawful anything done in accordance with that\nAct.\n(2) Without limiting subsection (1), this Act does not apply to processed\nlow THC hemp.\nlow THC hemp, see section 3 of the Hemp Industry Act 2019.\nprocessed low THC hemp means low THC hemp that is:\n(a) treated by mechanical, chemical or other artificial means and\nsubstantially free of leaves and flowering heads; or\n(b) non-viable if it is seed.\n","sortOrder":6},{"sectionNumber":"4B","sectionType":"section","heading":"Meaning of drug analogue","content":"4B Meaning of drug analogue\nA drug analogue is a substance, however obtained, that in relation\nto a dangerous drug is:\n(a) a stereo-isomer; or\n(b) a structural isomer having the same constituent groups; or\n(c) a homologue; or\n(d) a chemical derivative formed by a chemical process (for\nexample, conversion of a carboxylic acid to an ester or an\namine to an amide); or\n\nMisuse of Drugs Act 1990 9\n(e) a structural modification obtained by the replacement of one or\nmore of the following groups with another such group or\ngroups, where the group is attached to oxygen, nitrogen,\nsulphur, phosphorus or carbon:\n(i) alkoxy, cyclic diether, carbonyl, acyl, carboxylic acid,\nacyloxy, mono-alkylamino or di-alkylamino groups with\nup to 6 carbon atoms in any alkyl residue;\n(ii) alkyl, alkenyl or alkynyl groups with up to 6 carbon\natoms in the group;\n(iii) hydrogen atom, halogen, hydroxy, nitro or amino groups;\nor\n(f) a structural modification obtained in one or more of the\nfollowing ways:\n(i) by the replacement of up to 2 carbocyclic or heterocyclic\nring structures with up to 2 different carbocyclic or\nheterocyclic ring structures;\n(ii) by the addition of hydrogen atoms to one or more\nunsaturated bonds.\n","sortOrder":7},{"sectionNumber":"4C","sectionType":"section","heading":"Application of Criminal Code","content":"4C Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4C\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Supply of dangerous drug – commercial quantity","content":"5 Supply of dangerous drug – commercial quantity\n\nMisuse of Drugs Act 1990 10\n(c) a commercial quantity of the dangerous drug is supplied.\n(a) for the supply of a Schedule 1 drug – imprisonment for\n","sortOrder":9},{"sectionNumber":"5A","sectionType":"section","heading":"Supply of dangerous drug – less than commercial quantity","content":"5A Supply of dangerous drug – less than commercial quantity\nsupplied.\n(a) for the supply of a Schedule 1 drug – imprisonment for\n(b) for the supply of a Schedule 2 drug – 500 penalty units or\nimprisonment for 5 years.\n","sortOrder":10},{"sectionNumber":"5B","sectionType":"section","heading":"Supply of dangerous drug to child – commercial quantity","content":"5B Supply of dangerous drug to child – commercial quantity\n(1) A person who is an adult (the adult) commits an offence if:\n(a) the adult intentionally supplies, or takes part in the supply of, a\nsubstance or thing to another person; and\n(b) the substance or thing is a dangerous drug and the adult is\n(c) a commercial quantity of the dangerous drug is supplied; and\n\nMisuse of Drugs Act 1990 11\n(d) the other person is a child.\n(a) for the supply of a Schedule 1 drug – imprisonment for life; or\n","sortOrder":11},{"sectionNumber":"5C","sectionType":"section","heading":"Supply of dangerous drug to child – less than commercial","content":"5C Supply of dangerous drug to child – less than commercial\n(1) A person who is an adult (the adult) commits an offence if:\n(a) the adult intentionally supplies, or takes part in the supply of, a\nsubstance or thing to another person; and\n(b) the substance or thing is a dangerous drug and the adult is\nsupplied; and\n(d) the other person is a child.\n(a) for the supply of a Schedule 1 drug – imprisonment for life; or\n","sortOrder":12},{"sectionNumber":"5D","sectionType":"section","heading":"Supply of dangerous drug in indigenous community – less","content":"5D Supply of dangerous drug in indigenous community – less\nthan commercial quantity\nsupplied; and\n(d) the dangerous drug is a Schedule 2 drug; and\n\nMisuse of Drugs Act 1990 12\n(e) the dangerous drug is supplied in an indigenous community.\nMaximum penalty: Imprisonment for 9 years.\n(2) Absolute liability applies to subsection (1)(c), (d) and (e).\n","sortOrder":13},{"sectionNumber":"5E","sectionType":"section","heading":"Application of offences","content":"5E Application of offences\nSections 5 to 5D apply in relation to the supply of a dangerous\ndrug:\n(a) regardless of whether the drug is supplied to a person in the\nTerritory; or\n(b) if the drug is supplied to a person at a place outside the\nTerritory – regardless of whether the supply of the drug to the\nperson constitutes an offence in that place.\nSubdivision 2 Cultivation of prohibited plant and manufacture of\ndangerous drug\n6 Cultivation of prohibited plant – commercial quantity\n(c) a commercial quantity of the prohibited plant is cultivated.\n6A Cultivation of prohibited plant – traffickable quantity\n(c) a traffickable quantity of the prohibited plant is cultivated.\n\nMisuse of Drugs Act 1990 13\n","sortOrder":14},{"sectionNumber":"6B","sectionType":"section","heading":"Cultivation of prohibited plant – less than traffickable quantity","content":"6B Cultivation of prohibited plant – less than traffickable quantity\n(c) less than a traffickable quantity of the prohibited plant is\ncultivated.\n","sortOrder":15},{"sectionNumber":"6C","sectionType":"section","heading":"Cultivation of prohibited plant in presence of child –","content":"6C Cultivation of prohibited plant in presence of child –\ncommercial quantity\n(c) the cultivation occurs in the presence of a child and the person\nis reckless in relation to that circumstance; and\n(d) a commercial quantity of the prohibited plant is cultivated.\nMaximum penalty: Imprisonment for life.\n","sortOrder":16},{"sectionNumber":"6D","sectionType":"section","heading":"Cultivation of prohibited plant in presence of child –","content":"6D Cultivation of prohibited plant in presence of child –\ntraffickable quantity\n\nMisuse of Drugs Act 1990 14\n(c) the cultivation occurs in the presence of a child and the person\nis reckless in relation to that circumstance; and\n(d) a traffickable quantity of the prohibited plant is cultivated.\nMaximum penalty: Imprisonment for 10 years.\n","sortOrder":17},{"sectionNumber":"6E","sectionType":"section","heading":"Manufacture of dangerous drug – commercial quantity","content":"6E Manufacture of dangerous drug – commercial quantity\n(c) a commercial quantity of the dangerous drug is manufactured.\nlife; or\n","sortOrder":18},{"sectionNumber":"6F","sectionType":"section","heading":"Manufacture of dangerous drug – less than commercial","content":"6F Manufacture of dangerous drug – less than commercial\nmanufactured.\n\nMisuse of Drugs Act 1990 15\n","sortOrder":19},{"sectionNumber":"6G","sectionType":"section","heading":"Manufacture of dangerous drug in presence of child","content":"6G Manufacture of dangerous drug in presence of child\n(c) the manufacture occurs in the presence of a child and the\nperson is reckless in relation to that circumstance; and\n(d) a commercial or traffickable quantity of the dangerous drug is\nmanufactured.\nlife; or\n","sortOrder":20},{"sectionNumber":"7","sectionType":"section","heading":"Possession of dangerous drug – commercial quantity","content":"7 Possession of dangerous drug – commercial quantity\n(c) the quantity possessed is a commercial quantity.\n(b) for possession of a Schedule 2 drug – imprisonment for\n\nMisuse of Drugs Act 1990 16\n","sortOrder":21},{"sectionNumber":"7A","sectionType":"section","heading":"Possession of dangerous drug – traffickable quantity","content":"7A Possession of dangerous drug – traffickable quantity\n(c) the quantity possessed is a traffickable quantity.\n7 years; or\n(b) for possession of a Schedule 2 drug – 500 penalty units or\nimprisonment for 5 years.\n","sortOrder":22},{"sectionNumber":"7B","sectionType":"section","heading":"Possession of dangerous drug – less than traffickable quantity","content":"7B Possession of dangerous drug – less than traffickable quantity\n(c) the quantity possessed is less than a traffickable quantity.\n(a) for possession of a Schedule 1 drug – 200 penalty units or\nimprisonment for 2 years; or\n(b) for possession of a Schedule 2 drug – 50 penalty units.\n","sortOrder":23},{"sectionNumber":"7C","sectionType":"section","heading":"Possession of dangerous drug in public place – traffickable","content":"7C Possession of dangerous drug in public place – traffickable\n\nMisuse of Drugs Act 1990 17\n(c) the person possesses the dangerous drug in a public place;\nand\n(d) the quantity possessed is a traffickable quantity.\n(b) for possession of a Schedule 2 drug – imprisonment for\n7 years.\n","sortOrder":24},{"sectionNumber":"7D","sectionType":"section","heading":"Possession of dangerous drug in public place – less than","content":"7D Possession of dangerous drug in public place – less than\ntraffickable quantity\n(c) the person possesses the dangerous drug in a public place;\nand\n(d) the quantity possessed is less than a traffickable quantity.\n(a) for possession of a Schedule 1 drug – 500 penalty units or\nimprisonment for 5 years; or\n(b) for possession of a Schedule 2 drug – 200 penalty units or\n","sortOrder":25},{"sectionNumber":"8","sectionType":"section","heading":"Receiving or possessing tainted property","content":"8 Receiving or possessing tainted property\n(a) the person intentionally receives or possesses property other\nthan a dangerous drug; and\n\nMisuse of Drugs Act 1990 18\n(b) the property was obtained directly or indirectly from the\ncommission of:\n(i) an offence against Subdivision 1; or\n(ii) an act done at a place outside the Territory that:\n(A) if it had been done in the Territory, would have\nconstituted an offence against Subdivision 1; and\n(B) is an offence under the law in force in the place\nwhere it was done; and\n(c) the person has knowledge of the circumstance mentioned in\nparagraph (b).\n(2) A person commits an offence if:\n(a) the person intentionally receives or possesses property\n(secondary property); and\n(b) the secondary property is, wholly or in part:\n(i) property for which other property has been mortgaged,\npledged or exchanged; or\n(ii) property into which other property has been converted;\nand\n(c) the other property was obtained directly or indirectly from the\ncommission of:\n(i) an offence against Subdivision 1; or\n(ii) an act done at a place outside the Territory that:\n(A) if it had been done in the Territory, would have\nconstituted an offence against Subdivision 1; and\n(B) is an offence under the law in force in the place\nwhere it was done; and\n(d) the person has knowledge of the circumstances mentioned in\nparagraphs (b) and (c).\n\nMisuse of Drugs Act 1990 19\n(3) For the purpose of proving the receiving of property, it is sufficient\nto show that the accused person has, either alone or jointly with\nanother person, aided in concealing the property or disposing of it.\n","sortOrder":26},{"sectionNumber":"8A","sectionType":"section","heading":"Possession of precursors of dangerous drugs","content":"8A Possession of precursors of dangerous drugs\n(a) the person possesses a substance or thing with the intention\nthat it be used, by the person or another person, in the\nmanufacture of a dangerous drug; and\n(b) the substance or thing is a precursor and the person is\n(a) is authorised under this Act to possess the precursor and\npossesses and uses the precursor in accordance with the\nconditions, if any, of the authorisation; or\nTerritory, to possess the precursor and possesses and uses\nthe precursor in accordance with the conditions, if any, of the\nregistration, licence or authorisation.\n(4) The Chief Health Officer may in writing authorise a person to\npossess a precursor for the purposes of research.\n(5) An authorisation under subsection (4) is subject to the conditions, if\nany, specified in the authorisation.\n(6) The Regulations may provide for the prohibition or regulation of the\ncash sale of precursors.\n","sortOrder":27},{"sectionNumber":"8B","sectionType":"section","heading":"Possession of document containing instructions for","content":"8B Possession of document containing instructions for\nmanufacture of dangerous drug or precursor\n(a) the person intentionally possesses a document; and\n\nMisuse of Drugs Act 1990 20\n(b) the document sets out, or purports to set out, how to\nmanufacture a dangerous drug and the person is reckless in\n(c) the person intentionally possesses equipment, or an\nimplement or other article; and\n(d) the equipment, implement or other article has been, or may\nbe, used in the manufacture of a dangerous drug and the\nperson is reckless in relation to that circumstance.\n(a) is authorised under this Act to possess the dangerous drug to\nwhich the document relates; or\nTerritory, to manufacture the dangerous drug to which the\ndocument relates; or\n(c) had possession of the documents, or the equipment,\nimplement or other article, for a purpose other than assisting\nin the manufacture of a dangerous drug.\n(3) A person commits an offence if:\n(a) the person intentionally possesses a document; and\n(b) the document sets out, or purports to set out, how to\nmanufacture a precursor and the person is reckless in relation\nto that circumstance; and\n(c) the person intentionally possesses equipment, or an\nimplement or other article; and\n(d) the equipment, implement or other article has been, or may\nbe, used in the manufacture of a dangerous drug or precursor\nand the person is reckless in relation to that circumstance.\n(4) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant:\n(a) is authorised under this Act to manufacture the precursor to\nwhich the document relates; or\n\nMisuse of Drugs Act 1990 21\nTerritory, to possess the precursor to which the document\nrelates; or\n(c) had possession of the documents, or the equipment,\nimplement or other article, for a purpose other than assisting\nin the manufacture of a dangerous drug or precursor.\n(5) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (2) or (4).\n(6) In this section, a reference to a document in the possession of a\nperson includes a reference to:\n(a) a document that is stored electronically in a computer, or other\nelectronic device, that is in the possession of the person; and\n(b) a document that is stored electronically on a computer or other\nelectronic device that is not in the possession of the person if\nthe document is located on an electronic site:\n(i) in accordance with the instructions of the person; or\n(ii) the electronic address of which is stored on a computer\nin the possession of the person or on a document in the\npossession of the person.\n","sortOrder":28},{"sectionNumber":"8C","sectionType":"section","heading":"Possession of articles for use in manufacture of dangerous","content":"8C Possession of articles for use in manufacture of dangerous\ndrug or precursor\n(a) the person intentionally has possession of equipment, or an\nimplement or other article (other than a document); and\n(b) the equipment, implement or other article has been, or may\nbe, used in the manufacture of a dangerous drug or precursor,\nand the person is reckless in relation to that circumstance.\n(a) is authorised under this Act to possess a precursor or a\ndangerous drug and the equipment, implement or article is\nused or intended to be used for the purpose for which the\nauthorisation was given; or\n\nMisuse of Drugs Act 1990 22\nTerritory, to possess a precursor or a dangerous drug and the\nequipment, implement or article is used or intended to be used\nfor the purpose for which the registration, licence or\nauthorisation was given; or\n(c) had possession of the equipment, implement or article for a\npurpose other than assisting in the manufacture of a\ndangerous drug or precursor.\n","sortOrder":29},{"sectionNumber":"9","sectionType":"section","heading":"Alternative verdicts","content":"9 Alternative verdicts\n(1) This section applies if, in a proceeding against a person charged\nwith an offence against a provision mentioned in the following Table\n(the prosecuted offence), the trier of fact:\n(a) is not satisfied beyond reasonable doubt that the person\ncommitted the prosecuted offence; but\n(b) is satisfied beyond reasonable doubt that the person\ncommitted the offence specified in the Table as the alternative\noffence for the prosecuted offence.\n(2) The trier of fact may find the person not guilty of the prosecuted\noffence but guilty of the alternative offence.\nTable Alternative offences\nProsecuted offence Alternative offence\nsection 5(1) section 5A(1)\nsection 5B(1) section 5C(1)\nsection 6(1) section 6A(1) or 6B(1)\nsection 6A(1) section 6B(1)\nsection 6C(1) section 6D(1)\nsection 6E(1) section 6F(1)\nsection 7(1) section 7A(1) or 7B(1)\n\nMisuse of Drugs Act 1990 23\nProsecuted offence Alternative offence\nsection 7A(1) section 7B(1)\nsection 7C(1) section 7A(1), 7B(1) or 7D(1)\nsection 7D(1) section 7B(1)\n","sortOrder":30},{"sectionNumber":"11A","sectionType":"section","heading":"Definitions","content":"11A Definitions\nIn this Division:\ncommercial premises means any land (other than Crown land) on\nwhich are situated premises that are not residential premises or\nliquor licence premises, but does not include premises that are:\n(a) used for the purposes of a statutory corporation or a hospital,\nschool or educational facility; or\n(b) excluded from this definition by the Regulations.\ncourt means the Local Court.\ndrug premises means premises in relation to which a drug\npremises order is in force.\ndrug premises order means an order made under section 11K\nor 11L.\nlandlord:\n(a) in relation to residential premises to which the Residential\nTenancies Act 1999 applies – has the same meaning as in the\nResidential Tenancies Act 1999; and\n(b) in relation to commercial premises or liquor license premises –\nhas the same meaning as in Part 13 of the Business\nTenancies (Fair Dealings) Act 2003,\nand includes a person who is a landlord under section 88A(2) of the\nResidential Tenancies Act 1999.\nlicensee, see section 4(1) of the Liquor Act 2019.\n\nMisuse of Drugs Act 1990 24\nliquor licence premises means:\n(a) premises that are licensed under the Liquor Act 2019 and\noperating under an authority prescribed by regulation; and\n(b) any carpark adjoining those premises that is owned or leased\nby an owner, landlord or tenant of the premises.\nresident, in relation to residential premises, means:\n(a) a person who is a tenant in respect of the premises; or\n(b) a person who resides on the premises, whether or not\nintermittently, under a licence or with the permission of a\ntenant of the premises or another resident of the premises.\nresidential premises means premises intended or used for\noccupation as a place of residence and includes the following:\n(a) a house, a unit within the meaning of the Unit Titles Acts 1975,\na flat or apartment, or a number of units, flats or apartments,\non the one lot, that is used or each of which is used for\nresidence and any garden areas to which a resident of any\nsuch house, unit, flat or apartment has access;\n(b) a caravan or mobile home intended for occupation as a place\nof residence;\n(c) a houseboat or vessel intended for occupation as a place of\nresidence;\n(d) residential premises that are owned or leased under the\nHousing Act 1982;\n(e) premises intended or used for occupation as a place of\nresidence that form part of premises that are not used or\nintended to be used as residential premises;\n(f) residential premises specified in section 6 of the Residential\nTenancies Act 1999 as premises to which that Act does not\napply and residential premises exempted from the application\nof that Act by regulations made under that Act;\n(g) a carpark adjoining residential premises that is owned or\nleased by an owner, landlord or tenant of the premises.\ntenant:\n(a) in relation to residential premises – has the same meaning as\nin the Residential Tenancies Act 1999; and\n\nMisuse of Drugs Act 1990 25\n(ab) in relation to an occupancy under a caravan park agreement\nas defined in the Caravan Parks Act 2012 – means a resident\nas defined in that Act; and\n(b) in relation to commercial premises or liquor licence premises –\nhas the same meaning as in Part 13 of the Business\nTenancies (Fair Dealings) Act 2003,\nand includes a person who is a tenant under section 88A(2) of the\nResidential Tenancies Act 1999.\n","sortOrder":31},{"sectionNumber":"11B","sectionType":"section","heading":"Service of notices under this Division","content":"11B Service of notices under this Division\n(1) A notice under this Division may be served on a person by:\n(a) handing it to the person;\n(b) posting it to the person at the person's last known postal\naddress or place of residence or business; or\n(c) leaving it for the person at the person's last known place of\nresidence or business with some other person apparently\nresident or employed there and apparently over the age of\n16 years.\n(2) A notice under this Division is taken to be served on a person\nalthough it is not addressed to a named person if:\n(a) it is addressed \"to the owner\", \"to the landlord\", \"to the tenant\"\nor \"to the resident\";\n(b) it is posted to or left at a place of residence or business; and\n(c) the person is an owner, landlord, tenant or resident at that\nplace of residence or business.\n","sortOrder":32},{"sectionNumber":"11C","sectionType":"section","heading":"Indications that premises used to supply dangerous drugs","content":"11C Indications that premises used to supply dangerous drugs\n(1) For the purposes of this Division, the indications that a dangerous\ndrug has been supplied at or from residential premises include the\nfollowing:\n(a) that a police officer was prevented, obstructed or delayed from\nentering or re-entering the premises;\n(b) the presence on the premises or in sight of the premises of a\nperson acting as a lookout;\n(c) the presence on the premises of things used in the supply,\nmanufacture or use of a dangerous drug;\n\nMisuse of Drugs Act 1990 26\n(d) the presence on the premises, or in the possession of a\nperson on the premises, of a firearm;\n(e) the presence on the premises of documents or records used\nin connection with the supply or manufacture of a dangerous\ndrug;\n(f) amounts of money on the premises that cannot be\nsatisfactorily accounted for by a resident of, or an owner or\nlandlord of, the premises;\n(g) the presence at the premises of a person or persons who are,\nor who appear to be, under the influence of a dangerous drug;\n(h) excessive, frequent or suspicious vehicular or pedestrian\ntraffic to or from the premises;\n(i) the presence on the premises, or in the vicinity of the\npremises, of persons known to be involved in the sale or\ndistribution of a dangerous drug;\n(j) the presence on the premises of property reasonably\nsuspected of being stolen or of being exchanged in return for\na dangerous drug;\n(k) that a dangerous drug has been found on the premises on one\nor more occasions;\n(l) if there are other indications – the construction of the\npremises, or an internal or external door on the premises,\ninvolved a device for preventing, delaying or obstructing entry\nor for giving alarm.\n(2) For the purposes of this Division, the indications that a dangerous\ndrug has been supplied at or from commercial or liquor licence\npremises include the following:\n(a) that a police officer was prevented, obstructed or delayed from\nentering or re-entering the premises by an owner, landlord or\ntenant of the premises or a person employed by or acting for\nand on behalf of an owner, landlord or tenant of the premises;\n(b) the presence of a thing that is used in the supply, manufacture\nor use of a dangerous drug and that is:\n\nMisuse of Drugs Act 1990 27\n(c) the presence of a firearm:\n(d) the presence on the premises of documents or records used\nin connection with the supply or manufacture of a dangerous\ndrug;\n(e) amounts of money:\nbehalf of an owner, landlord or tenant of the premises,\nthat cannot be satisfactorily accounted for by the person;\nor\n(ii) found in a room in the premises to which only an owner,\ntenant of the premises, has access, that cannot be\nsatisfactorily accounted for by such a person;\n(f) property reasonably suspected of being stolen, or of being\nexchanged in return for a dangerous drug, being property\nfound:\n\nMisuse of Drugs Act 1990 28\n(g) that a dangerous drug has been found on the premises on one\nor more occasions:\n(h) if there are other indications – the construction of the\npremises, or an internal or external door on the premises,\ninvolved a device for preventing, delaying or obstructing entry\nor for giving alarm.\n(3) For the purposes of Subdivision 3, in determining whether a\ndangerous drug has been supplied at or from residential,\ncommercial or liquor licence premises, the court may take into\naccount indications that do not occur on the premises but that relate\nto the premises.\n","sortOrder":33},{"sectionNumber":"11D","sectionType":"section","heading":"Commissioner may apply for order if premises used to supply","content":"11D Commissioner may apply for order if premises used to supply\ndangerous drugs\n(1) The Commissioner of Police may apply to the court for a drug\npremises order in relation to residential premises if he or she has a\nreasonable belief that within the 12 month period immediately\nbefore the application there have been indications that a dangerous\ndrug has been supplied at or from the premises.\n(2) The Commissioner of Police may apply to the court for a drug\npremises order in relation to commercial premises or liquor licence\npremises if he or she has a reasonable belief that within the\n12 month period immediately before the application there have\nbeen indications that a dangerous drug has been supplied at or\nfrom the premises by:\n(a) an owner, landlord or resident of the premises; or\n(b) a person employed by or acting for and on behalf of an owner,\nlandlord or resident of the premises.\n(3) The Commissioner of Police may apply to the court for a drug\npremises order if:\n(a) a dangerous drug is found at residential premises on 2 or\nmore separate occasions within 12 months after a record is\nmade under section 11E(1) in relation to the premises; and\n\nMisuse of Drugs Act 1990 29\n(b) he or she is satisfied that dangerous drugs have been\nsupplied at or from the premises to which the application\nrelates.\n(4) The Commissioner of Police may apply to the court for a drug\npremises order if:\n(a) a dangerous drug is found at commercial or liquor licence\npremises:\nlandlord or tenant of the premises or a person employed\ntenant of the premises has access,\non 2 or more separate occasions within 12 months after a\nrecord is made under section 11E(3) in relation to the\npremises; and\n(b) he or she is satisfied that dangerous drugs have been\nsupplied at or from the premises to which the application\nrelates.\n","sortOrder":34},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Record of finding of drugs and warning that order","content":"Subdivision 2 Record of finding of drugs and warning that order\nmay be made\n","sortOrder":35},{"sectionNumber":"11E","sectionType":"section","heading":"Record and warning of first finding of dangerous drugs on","content":"11E Record and warning of first finding of dangerous drugs on\ndangerous drug being found by the officer at residential premises.\nowner, landlord and tenant of residential premises in relation to\nwhich a record has been made under subsection (1) if the officer\nhas a reasonable belief that a dangerous drug has been supplied at\nor from the premises.\n\nMisuse of Drugs Act 1990 30\nlicence premises:\n(a) apparently in the possession of an owner, landlord or tenant of\nthe commercial or liquor licence premises or a person\nemployed by or acting for and on behalf of an owner, landlord\nor tenant of the premises; or\n(b) in a room in the premises to which only an owner, landlord or\ntenant of the premises, or a person employed by or acting for\nand on behalf of an owner, landlord or tenant of the premises,\nhas access.\n(b) each owner, landlord and tenant of premises in relation to\nwhich a record has been made under subsection (3),\n","sortOrder":36},{"sectionNumber":"11F","sectionType":"section","heading":"Record and warning of second finding of dangerous drugs on","content":"11F Record and warning of second finding of dangerous drugs on\ndangerous drug being found by the officer at residential premises\non a separate occasion within 12 months after a record is made\nunder section 11E(1) in relation to the premises (the second finding\nof a dangerous drug).\nowner, landlord or tenant of residential premises in relation to which\na record has been made under subsection (1) if the officer has a\nreasonable belief that a dangerous drug has been supplied at or\nfrom the premises.\nlicence premises on a separate occasion within 12 months after a\nrecord is made under section 11E(3) in relation to the premises (the\nsecond finding of a dangerous drug).\n\nMisuse of Drugs Act 1990 31\n(b) each owner, landlord and tenant of commercial premises or\nliquor licence premises in relation to which a record has been\nmade under subsection (3),\n(5) The form prescribed for the purposes of subsection (2) or (4) is to\ncontain a warning of the second finding of a dangerous drug on the\npremises to which the form relates and that if a dangerous drug is\nfound:\n(a) in those residential premises; or\n(b) at those commercial or liquor licence premises:\n(ii) in a room in the premises to which only the owner,\ntenant of the premises, has access,\nfor a second or subsequent time within 12 months after a record is\nmade under section 11E(1) in relation to the premises, a drug\npremises order may be made under this Division in relation to the\n","sortOrder":37},{"sectionNumber":"11G","sectionType":"section","heading":"Record and warning of third finding of dangerous drug on","content":"11G Record and warning of third finding of dangerous drug on\ndangerous drug being found by the officer at residential premises\non the second or any subsequent separate occasion within\n12 months after a record is made under section 11E(1) in relation to\nthe premises (the third or subsequent finding of a dangerous drug).\nowner, landlord or tenant of residential premises in relation to which\na record has been made under subsection (1) if the officer has a\n\nMisuse of Drugs Act 1990 32\nreasonable belief that a dangerous drug has been supplied at or\nfrom the premises.\nlicence premises on the second or any subsequent separate\noccasion within 12 months after a record is made under\nsection 11E(3) in relation to the premises (the third or subsequent\nfinding of a dangerous drug).\n(b) each owner, landlord and tenant of commercial premises, or\nliquor licence premises, in relation to which a record has been\nmade under subsection (3),\n(5) The form prescribed for the purposes of subsections (2) and (4) is\nto contain a warning of the third or subsequent finding of a\ndangerous drug on the premises to which the form relates and that\na drug premises order may be made under this Division in relation\nto the premises.\n","sortOrder":38},{"sectionNumber":"11H","sectionType":"section","heading":"No notice to be given of application for drug premises order","content":"11H No notice to be given of application for drug premises order\n(1) No notice is to be given of an application under section 11D to an\nowner, landlord, tenant, licensee or resident of the premises in\nrespect of which the application is made.\n(2) A court is to determine an application under section 11D in the\nabsence of the owner, landlord, tenants or licensee of the premises\nto which the application relates.\n","sortOrder":39},{"sectionNumber":"11J","sectionType":"section","heading":"Hearing of applications for orders and revocation of orders","content":"11J Hearing of applications for orders and revocation of orders\n(1) For the purposes of this Division, the Local Court is to be\nconstituted by a Local Court Judge.\n(2) Evidence in proceedings relating to an application under this\nDivision may be given by way of affidavit.\n\nMisuse of Drugs Act 1990 33\n(3) The hearing of an application under section 11D is to be in camera.\n(4) The Commissioner of Police must, at the hearing of an application\nunder section 11D, disclose to the court all matters that are within\nhis or her knowledge that he or she, on reasonable grounds,\nbelieves would support an argument against the granting of the\napplication.\n(5) A deponent of an affidavit is to be available for cross-examination at\na hearing of the making or revocation of a drug premises order.\n(6) Section 16 of the Local Court (Civil Procedure) Act 1989 does not\napply in relation to an application under section 11D or 11P of this\nAct.\n(7) For the purposes of this Subdivision, the court may make a finding\nthat a dangerous drug has been supplied at or from premises\nalthough there has not been a finding of guilt made by the court in\nrelation to the possession or supply of drugs that are found on the\n(8) The court may dispense with compliance with a rule of the court if it\nis of the opinion that it is desirable to do so to expedite the hearing\nof an application under this Subdivision.\n","sortOrder":40},{"sectionNumber":"11K","sectionType":"section","heading":"Drug premises order if indications of supply at or from","content":"11K Drug premises order if indications of supply at or from\n(1) On receiving an application under section 11D(1) in relation to\nresidential premises, the court may make a drug premises order\ndeclaring the premises to be drug premises if the court is satisfied\nthat the evidence of the indications of supply is sufficient to\nestablish on the balance of probabilities that a dangerous drug has\n(2) On receiving an application under section 11D(2) in relation to\ncommercial or liquor licence premises, the court may make a drug\npremises order declaring the premises to be drug premises if the\ncourt is satisfied that the evidence of the indications of supply is\nsufficient to establish on the balance of probabilities that a\ndangerous drug has been supplied at or from the premises by an\nowner, landlord or tenant of the premises or a person employed by\nor acting for and on behalf of an owner, landlord or tenant of the\n(3) The court must specify in a drug premises order the area of the\npremises, specified in the application for the order, to which the\norder relates.\n\nMisuse of Drugs Act 1990 34\n","sortOrder":41},{"sectionNumber":"11L","sectionType":"section","heading":"Order if indications of supply and 3 findings of dangerous","content":"11L Order if indications of supply and 3 findings of dangerous\ndrugs\n(1) The court must make a drug premises order declaring residential\npremises to which an application under section 11D(3) relates to be\ndrug premises if the court is satisfied that:\n(a) a dangerous drug has been found at the premises on 2 or\nmore separate occasions within 12 months after a record is\nmade under section 11E(1) in relation to the premises; and\n(b) a dangerous drug has been supplied at or from the premises.\n(2) On receiving an application under section 11D(4) in relation to\ncommercial premises or liquor licence premises, the court must\nmake a drug premises order declaring the premises to be drug\npremises if the court is satisfied that:\n(a) a dangerous drug has been found:\ntenant of the premises, has access,\non not less than 2 separate occasions within 12 months after a\nrecord is made under section 11E(3) in relation to the\npremises; and\n(b) a dangerous drug has been supplied from the premises.\n(3) An order may only be made under subsection (1) or (2) if the court\nis satisfied that:\n(a) records have been made under sections 11E, 11F and 11G of\nthe finding of a dangerous drug on the premises on not less\nthan 3 separate occasions; and\n(b) the notices required under those sections to be served on\neach owner, landlord and tenant of the premises were served\non those persons.\n(4) The court must specify in an order the area of the premises,\nspecified in the application for the order, to which the order relates.\n\nMisuse of Drugs Act 1990 35\n","sortOrder":42},{"sectionNumber":"11M","sectionType":"section","heading":"Duration of drug premises order","content":"11M Duration of drug premises order\nA drug premises order remains in force for 12 months from the date\non which the order is made, unless it is sooner revoked under\nsection 11P.\n","sortOrder":43},{"sectionNumber":"11N","sectionType":"section","heading":"Notice of drug premises order to be given within 7 days","content":"11N Notice of drug premises order to be given within 7 days\n(1) A police officer must make all reasonable attempts to ensure that a\ncopy of the drug premises order is served on each owner, landlord\nand tenant of the premises to which the order relates within 7 days\nafter the making of an order.\n(2) A drug premises order is of no effect until a police officer has\nserved:\n(a) a copy of the order; and\n(b) a notice in accordance with the prescribed form,\non:\n(c) each owner, landlord and tenant of the premises to which the\norder relates; and\n(d) if the premises are liquor licence premises – the licensee of\nthe premises.\n(3) A notice under subsection (2)(b) is to specify that a drug premises\nnotice under section 11Q will be affixed to the premises within\n7 days after the date on which the notice under subsection (2)(b) is\nserved, unless notice of an application is served under\nsection 11P(2) on the Commissioner by an owner, landlord or\ntenant of the premises.\n(4) Sections 11V and 11W, sections 88A of the Residential Tenancies\nAct 1999 and section 126 of the Business Tenancies (Fair\nDealings) Act 2003 do not apply in relation to drug premises until\nthis section and section 11Q(1) have been complied with.\n","sortOrder":44},{"sectionNumber":"11P","sectionType":"section","heading":"Owner etc. may apply for order to be revoked","content":"11P Owner etc. may apply for order to be revoked\n(1) An owner, landlord or tenant of drug premises may apply to the\ncourt for the order to be revoked.\n(2) A person who applies to the court under subsection (1) must serve\nnotice of the application on the Commissioner of Police.\n(3) The Commissioner of Police may be heard in relation to an\napplication under subsection (1).\n\nMisuse of Drugs Act 1990 36\n(4) The court may revoke a drug premises order if it is satisfied:\n(a) on the balance of probabilities that the premises are no longer\npremises at or from which dangerous drugs are being, or are\nlikely to be, supplied; or\n(b) that in the circumstances of the case, including circumstances\narising after the making of the order, it would be unjust to keep\nthe order in force.\n(5) In determining whether to revoke an order under subsection (4), the\ncourt is to have regard to (but is not limited to having regard to)\nwhether or not the residents of the premises have been served with\nnotice to quit under section 88A of the Residential Tenancies\nAct 1999 or section 126 of the Business Tenancies (Fair Dealings)\nAct 2003.\n(6) An appeal under section 19 of the Local Court (Civil Procedure)\nAct 1989 to the Supreme Court against the making of a drug\npremises order may not be lodged unless an application under this\nsection in relation to the premises has been made and has been\nrefused.\n","sortOrder":45},{"sectionNumber":"11Q","sectionType":"section","heading":"Notice to be affixed to drug premises","content":"11Q Notice to be affixed to drug premises\n(1) A police officer must affix a notice in the prescribed form and size to\nthe exterior of the premises as close to each entrance to the\npremises as is practicable.\n(2) The notice may only be affixed under subsection (1):\n(a) after 7 days after a drug premises order is served under\nsection 11N(2) in relation to the premises; or\n(b) if, within 7 days after a drug premises order is served under\nsection 11N(2) in relation to the premises, notice of an\napplication is served under section 11P(2) on the\nCommissioner by an owner, landlord or tenant of the\npremises – after the application is determined by the court.\n(3) A person commits an offence if:\n(a) the person intentionally tampers with, defaces, removes,\ndamages or alters a notice; and\n(b) the notice has been affixed to drug premises under\nsubsection (1).\n\nMisuse of Drugs Act 1990 37\n(4) Absolute liability applies to subsection (3)(b).\n","sortOrder":46},{"sectionNumber":"11R","sectionType":"section","heading":"Search of drug premises without warrant","content":"11R Search of drug premises without warrant\n(1) A police officer may, without a warrant:\n(a) enter into or upon and search drug premises on or in which\nthe officer believes, on reasonable grounds, that any object\nconnected with an offence against this Act is situated; and\n(b) search the person of, the clothing that is being worn by, and\nproperty in the immediate control of, a person on drug\npremises who is reasonably suspected by the officer to be\ncarrying anything connected with an offence against this Act.\n(2) A police officer may seize any object found by the officer on the\npremises or a person in the course of a search under subsection (1)\nif the officer believes on reasonable grounds that the object is\nconnected with an offence against this Act and it is necessary to do\nso in order to prevent the loss or destruction of the object.\n(3) The power to search conferred under subsection (1) authorises a\npolice officer:\n(a) to use the reasonable force necessary to break into, enter and\nsearch the drug premises; and\n(b) to use the reasonable force necessary to open any cupboard,\ndrawer, chest, trunk, box, package or other receptacle,\nwhether a fixture or not, found on or in the drug premises; and\n(c) to use the reasonable force necessary to carry out a search of\na person under subsection (1)(b).\n(4) A search of a female person under subsection (1)(b) must be\ncarried out only:\n(a) by a female police officer; or\n(b) by a medical practitioner authorised by a police officer to carry\nout the search; or\n(c) if there is neither a female police officer nor a medical\npractitioner available – by a female person authorised by a\npolice officer to carry out the search.\n(5) If a medical practitioner or a female person is authorised under\nsubsection (4) to carry out a search of a female person, the medical\n\nMisuse of Drugs Act 1990 38\npractitioner or female person carrying out the search has, for the\npurposes of that search, the same powers, and is subject to the\nsame protection, as a police officer.\n","sortOrder":47},{"sectionNumber":"11S","sectionType":"section","heading":"Offences relating to entry and search of drug premises","content":"11S Offences relating to entry and search of drug premises\n(a) the person intentionally obstructs another person from\nentering or attempting to enter premises; and\n(b) the premises are drug premises and the person is reckless in\n(c) the other person is a police officer.\n(2) A person commits an offence if:\n(a) a police officer is about to begin, or has begun, a search of\ndrug premises; and\n(b) the person intentionally warns, advises or gives an alarm to, or\ncauses a warning, advice or alarm to be given to, another\nperson about the search.\n(3) Strict liability applies to subsections (1)(c) and (2)(a).\n(4) In this section:\nobstruct includes hinder and resist.\n11SA Offence not to give name and address when near drug\n(1) A police officer may request a person to inform the officer of the\nperson's name and address if:\n(a) the person is on, or within 200 m of, drug premises; and\n(b) the officer reasonably believes the person is associated with\nthe drug premises.\n\nMisuse of Drugs Act 1990 39\n(2) A person to whom a request is made under subsection (1) commits\nan offence if:\n(b) the conduct results in the person contravening the request and\n","sortOrder":48},{"sectionNumber":"11T","sectionType":"section","heading":"Restraining orders if breach of the peace","content":"11T Restraining orders if breach of the peace\n(b) the conduct breaches the peace and the person is reckless in\n(c) the conduct occurs on drug premises.\n(1A) Strict liability applies to subsection (1)(c).\n(2) A police officer may apply to the Local Court for a restraining order\nin relation to a person found by a police officer on drug premises if\nthe the officer reasonably believes the person has committed a\nbreach of the peace on the premises.\n(3) A copy of an application under subsection (2) is to be served on the\nperson to whom the application relates.\n(4) The Local Court may issue a restraining order in relation to a\nperson if it is satisfied on the balance of probabilities that:\n(a) the person was on drug premises; and\n(b) the person has breached the peace, or caused a breach of the\npeace, on the premises.\n(5) The Local Court may order the person in relation to whom a\nrestraining order is made to enter into a recognizance, with or\nwithout sureties, to keep the peace, or be of good behaviour, for the\nperiod (of not more than 6 months) that is specified in the order.\n\nMisuse of Drugs Act 1990 40\n(6) The Local Court may order that, if the person in relation to whom\nthe order is made contravenes or fails to comply with an order\nunder this section, the person is to be imprisoned for the period (of\nnot more than 6 months) that is specified in the order.\n(7) A person committed into the custody of the Commissioner of\nCorrectional Services because he or she has failed to find a surety\nunder subsection (6) may, in person, or by a person acting on his or\nher behalf, apply for an order varying the order under which he or\nshe was committed.\n(8) The Local Court may, if it appears just, upon new evidence\nproduced or upon proof of a change of circumstances having\nregard to all the circumstances of the case, make an order:\n(a) reducing the amount for which it is proposed the sureties\nshould be bound; or\n(b) dispensing with the sureties or surety or otherwise dealing\nwith the case as the court thinks just.\n(9) The jurisdiction conferred on the Local Court under this section is\npart of the Court's criminal jurisdiction.\n","sortOrder":49},{"sectionNumber":"11U","sectionType":"section","heading":"Tenants and residents may be evicted","content":"11U Tenants and residents may be evicted\n(1) Section 88A of the Residential Tenancies Act 1999 applies to a\ntenancy agreement within the meaning of that Act in respect of\nresidential premises that are drug premises.\n(2) Section 88A of the Residential Tenancies Act 1999 applies to an\nagreement to permit a person to reside on residential premises that\nare drug premises as if the agreement were a tenancy agreement\nwithin the meaning of that Act.\n(3) Section 126 of the Business Tenancies (Fair Dealings) Act 2003\napplies in relation to an owner or landlord of commercial or liquor\nlicence premises.\n","sortOrder":50},{"sectionNumber":"11V","sectionType":"section","heading":"All residents on premises taken to have possession of drug","content":"11V All residents on premises taken to have possession of drug\nEvidence that a dangerous drug was found in a room (not primarily\nused as a bedroom) in residential premises that are drug premises\nis evidence, in respect of a charge against a resident of the\npremises who was on the premises at the time the drug was found\nof having committed an offence against Part II, Division 1,\n","sortOrder":51},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"or section 6E(1), 6F(1) or 6G(1), that the drug was","content":"Subdivision 1 or section 6E(1), 6F(1) or 6G(1), that the drug was\nthen in the resident's control.\n\nMisuse of Drugs Act 1990 41\n","sortOrder":52},{"sectionNumber":"11W","sectionType":"section","heading":"Commissioner of Police may apply for suspension of liquor","content":"11W Commissioner of Police may apply for suspension of liquor\nlicence\nThe Commissioner of Police may apply under section 261 of the\nLiquor Act 2019 for the suspension of a licence in respect of drug\n","sortOrder":53},{"sectionNumber":"11X","sectionType":"section","heading":"Supplying precursor for use in manufacture of dangerous drug","content":"11X Supplying precursor for use in manufacture of dangerous drug\n(a) the person intentionally supplies a substance or thing to\nanother person (the recipient); and\n(b) the substance or thing is a precursor and the person is\n(c) the recipient intends to use the precursor in the manufacture\nof a dangerous drug and the person has knowledge of that\ncircumstance.\nMaximum penalty: Imprisonment for 10 years.\nsubsection (1) if the recipient:\n(a) is authorised under this Act to possess a precursor or a\ndangerous drug that may be manufactured from the precursor;\nor\nTerritory, to possess the precursor.\n","sortOrder":54},{"sectionNumber":"11Y","sectionType":"section","heading":"Theft of dangerous drug","content":"11Y Theft of dangerous drug\n(a) the person appropriates a substance or thing with the intention\nof depriving its owner of the substance or thing; and\n\nMisuse of Drugs Act 1990 42\n(a) for appropriation of a Schedule 1 drug – imprisonment for\n(b) for appropriation of a Schedule 2 drug – imprisonment for\n7 years.\n(2) Subsection (1) does not apply in relation to the appropriation of a\nsubstance or thing by a person with the reasonable belief that the\nsubstance or thing has been lost and its owner cannot be\ndiscovered.\nappropriates, see section 209(1) of the Criminal Code.\ndeprive, see section 209(1) of the Criminal Code.\n","sortOrder":55},{"sectionNumber":"12","sectionType":"section","heading":"Possession of things for administering dangerous drugs","content":"12 Possession of things for administering dangerous drugs\n(a) the person intentionally possesses a thing, other than a\nhypodermic syringe or needle; and\n(b) the thing is a thing used in the administration of a dangerous\ndrug and the person is reckless in relation to that\ncircumstance.\n(2) A person, other than a medical practitioner, nurse practitioner,\npharmacist or member of a class of persons that is authorised by\nthe Minister for this section, commits an offence if:\n(a) the person intentionally supplies a hypodermic syringe or\nneedle to another person, whether or not the other person is in\nthe Territory; and\n(b) the syringe or needle is to be used in the administration of a\ndangerous drug to that or another person and the person is\n\nMisuse of Drugs Act 1990 43\nsubsection (2) if the defendant obtained the hypodermic syringe or\nneedle from a medical practitioner, nurse practitioner, pharmacist or\nauthorised person mentioned in that subsection for the use of\nanother person in the administration of a dangerous drug to that\nother person and the defendant supplied it to the other person, in its\nunused state, as soon as practicable after so obtaining it.\n(3A) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (3).\n(4) A person in possession of a hypodermic syringe or needle must\ntake all reasonable care and precautions with it so as to avoid\ndanger to the life, safety or health of another person.\n(4A) A person commits an offence if:\n(b) the conduct results in a contravention of subsection (4) and\n(5) A person commits an offence if:\n(a) a hypodermic syringe or needle has been used in the\nadministration of a dangerous drug and the person has\nknowledge of that circumstance; and\n(b) the person intentionally disposes of the syringe or needle; and\n(c) the disposal is not carried out in the manner prescribed and\nthe person is reckless in relation to that circumstance.\n","sortOrder":56},{"sectionNumber":"13","sectionType":"section","heading":"Self-administering dangerous drug","content":"13 Self-administering dangerous drug\nA person commits an offence if:\n(a) the person intentionally self-administers a substance or thing;\nand\n\nMisuse of Drugs Act 1990 44\n","sortOrder":57},{"sectionNumber":"14","sectionType":"section","heading":"Allowing another person to administer dangerous drug","content":"14 Allowing another person to administer dangerous drug\nA person (the first person) commits an offence if:\n(a) the first person intentionally allows another person to\nadminister a substance or thing to the first person; and\n(b) the substance or thing is a dangerous drug and the first\nperson is reckless in relation to that circumstance.\n","sortOrder":58},{"sectionNumber":"15","sectionType":"section","heading":"Display or supply of cocaine kit, water pipe or ice pipe","content":"15 Display or supply of cocaine kit, water pipe or ice pipe\n(a) the person intentionally displays a thing in a shop or stall; and\n(b) the thing is a cocaine kit, water pipe or ice pipe and the person\nis reckless in relation to that circumstance.\n(a) for the display of a cocaine kit or water pipe – 100 penalty\nunits or imprisonment for 12 months; or\n(b) for the display of an ice pipe – 200 penalty units or\n(2) A person (the supplier) commits an offence if:\n(a) the supplier intentionally supplies a thing to another person;\nand\n(b) the thing is a cocaine kit, water pipe or ice pipe and the\nsupplier is reckless in relation to that circumstance.\n(a) for the supply of a cocaine kit or water pipe – 100 penalty units\nor imprisonment for 12 months; or\n(b) for the supply of an ice pipe – 200 penalty units or\n\nMisuse of Drugs Act 1990 45\ncocaine kit means 2 or more of the following items packaged for\nuse as a unit to prepare cocaine for introduction, or to introduce\ncocaine, into the body of a person:\n(a) a razor blade;\n(b) a tube;\n(c) a mirror;\n(d) a scoop;\n(e) a glass bottle;\n(f) any other item for use, together with an item mentioned in\nparagraphs (a) to (e), to prepare cocaine for introduction, or to\nintroduce cocaine, into the body of a person.\ndevice includes components that together make a device.\nexempt pipe means a device of a class or description prescribed\nby regulation as not being an ice pipe.\nexempt water pipe means a device of a class or description\nprescribed by regulation as not being a water pipe.\nice pipe means a device, other than an exempt pipe, that, whether\nin its original form or with an adjustment or modification, is intended\nfor use for the administration of a dangerous drug:\n(a) by means of the smoking or inhaling of the smoke or fumes\nresulting from the heating or burning of the drug in a crystal or\npowder form; or\n(b) by other means prescribed by regulation.\nExample for definition ice pipe\nA crack pipe.\nintended for use includes made, modified or designed for use.\nshop or stall:\n(a) includes:\n(i) so much of a building or place as is used for the sale, or\nsupply in the course of commercial transactions, of\ngoods; and\n\nMisuse of Drugs Act 1990 46\n(ii) a stall or other structure or vehicle used for the sale or\nsupply of goods at a market or elsewhere; and\n(ii) any other place or thing prescribed by regulation; but\n(b) does not include anything prescribed by regulation as not\nbeing a shop or stall.\nExample for definition shop or stall\n1 A pop-up shop.\n2 Part of premises used for a lawn sale.\nwater pipe means a device, other than an exempt water pipe, that,\nwhether in its original form or with an adjustment or modification, is\nintended for use for the administration of a dangerous drug:\n(a) by means of the drawing of smoke or fumes (resulting from\nthe heating or burning of the drug) through water or another\nliquid; or\n(b) by other means prescribed by regulation.\nExample for definition water pipe\nA bong.\n","sortOrder":59},{"sectionNumber":"19","sectionType":"section","heading":"Parties to offences committed outside Territory","content":"19 Parties to offences committed outside Territory\nA person who, in the Territory, is a party to an act done at a place\nnot in the Territory which if it had been done in the Territory would\nhave constituted an offence against this Act and which is an offence\nunder the law in force in the place where it was done, is guilty of an\noffence and is liable on being found guilty to the same penalty and\nforfeiture as if the act had been done in the Territory.\n","sortOrder":60},{"sectionNumber":"19A","sectionType":"section","heading":"Definition","content":"19A Definition\nIn this Division:\nminimum amount means:\n(a) in relation to a dangerous drug other than heroin, the\ntraffickable quantity by weight of the dangerous drug;\n(b) in relation to heroin, 1 g.; or\n\nMisuse of Drugs Act 1990 47\n(c) in relation to cannabis, 5 plants.\n","sortOrder":61},{"sectionNumber":"19B","sectionType":"section","heading":"Suspected drug or precursor may be destroyed","content":"19B Suspected drug or precursor may be destroyed\n(1) Subject to this Part, a police officer who is of or above the rank of\nCommander may order the destruction by a police officer of:\n(a) a dangerous drug, or a precursor, seized by a police officer; or\n(b) a substance seized by a police officer that the officer who\norders the destruction believes on reasonable grounds to be a\ndangerous drug or precursor.\n(2) Subsection (1) applies whether or not a person has been or is to be\ncharged with an offence in relation to the dangerous drug,\nprecursor or substance.\n(3) Property that is a dangerous drug, precursor or substance may only\nbe destroyed under subsection (1) if:\n(a) a sample, or samples, that provide a true representation of the\nnature of the property have been taken by or on behalf of a\npolice officer; and\n(b) a sample, or samples, that provide a true representation of the\nnature of the property are kept for the purpose of enabling at\nleast one person who is, or is to be, charged with an offence in\nrelation to the property to have the samples analysed or\nexamined under section 19C; and\n(c) a sample is kept by the Commissioner of Police or a police\nofficer who is of or above the rank of Commander and is\nnominated by the Commissioner of Police.\n(4) A police officer must make all reasonable attempts to serve on each\nperson who is, or is to be, charged with an offence in relation to the\nproperty written notice of his or her entitlement under section 19C\nto have a sample or samples of the property analysed or examined.\n(5) Section 19C and subsections (3) and (4) do not apply if an analyst\nhas issued a certificate in relation to a dangerous drug, precursor or\nsubstance specifying that it may be too dangerous to the health or\nsafety of persons to take or keep samples of it.\n\nMisuse of Drugs Act 1990 48\n(6) Section 19C and subsections (3) and (4) do not apply in relation to\na dangerous drug, precursor or substance if a police officer of or\nabove the rank of Commander is satisfied on reasonable grounds\nthat:\n(a) there is no lawful owner of the dangerous drug, precursor or\nsubstance; and\n(b) it is not intended to charge any person with an offence in\nrespect of the dangerous drug, precursor or substance.\n(7) A dangerous drug, precursor or substance may be destroyed under\nsubsection (1) at the place at which it was seized or at any other\nplace that a police officer who is of or above the rank of\nCommander thinks fit.\n(8) The Commissioner of Police must ensure that a police officer\nretains control of the possession of the sample or samples of the\nproperty taken under subsection (3).\n(9) This Part does not apply to the destruction of part or all of property\nif the destruction occurs as part of the process of analysing or\nexamining the property.\n","sortOrder":62},{"sectionNumber":"19C","sectionType":"section","heading":"Person from whom drug or precursor seized entitled to have","content":"19C Person from whom drug or precursor seized entitled to have\nsample analysed or examined\n(1) A person who has been or is to be charged with an offence in\nrelation to property that is, or may be, a dangerous drug or a\nprecursor is entitled to have a sample or samples that provide a\ntrue representation of the nature of the property analysed or\nexamined by a person if there is sufficient quantity of the property at\nthe time an application is made by the person under subsection (2)\nto enable the sample or samples to be analysed or examined.\n(2) A person may apply in the prescribed form to the Commissioner of\nPolice for the release, into the custody of a person specified in the\napplication, of a sample or samples of property that is or may be a\ndangerous drug or a precursor.\n(3) The Commissioner of Police may authorise the release of a sample\nor samples of the property that is or may be a dangerous drug or a\nprecursor into the custody of a person specified in an application\nunder subsection (2) if:\n(a) the property is sought for the purpose of conducting an\nanalysis or examination to determine the nature of the\nproperty; and\n\nMisuse of Drugs Act 1990 49\n(b) the Commissioner is satisfied the person is authorised under\nthis Act, another Act of the Territory or an Act of the\nCommonwealth, a State or another Territory to have\npossession of the dangerous drug or precursor.\n","sortOrder":63},{"sectionNumber":"19E","sectionType":"section","heading":"Determination of Local Court with respect to destruction on","content":"19E Determination of Local Court with respect to destruction on\nfirst mention of charge\n(1) Where a person is charged with an offence with respect to a\ndangerous drug involving an amount which is not less than the\nminimum amount of the dangerous drug, the Local Court shall, on\nthe first occasion on which the charge is mentioned before the\nLocal Court, ascertain whether the dangerous drug has been\ndestroyed.\n(2) The Local Court shall, where the dangerous drug has not been\ndestroyed, make a determination whether the dangerous drug\nshould be retained.\n(3) Where the accused is legally represented and no party objects to\nthe destruction of the dangerous drug, the Local Court shall order\nthat the dangerous drug, if it is not otherwise required to be forfeited\nto the Crown, be so forfeited and destroyed.\n(4) Where the accused is not present before the Local Court, or is\npresent but is not legally represented, or if any party objects to the\ndestruction of the dangerous drug, the Local Court may order:\n(a) the dangerous drug, if it is not otherwise required to be\nforfeited to the Crown, be so forfeited and destroyed; or\n(b) where the Local Court is satisfied that it is in the interests of\njustice to do so or that there is other sufficient reason, that the\ndangerous drug be retained.\n","sortOrder":64},{"sectionNumber":"19F","sectionType":"section","heading":"Matters for consideration on determination for retention of","content":"19F Matters for consideration on determination for retention of\ndangerous drug\nIn determining whether to order that a dangerous drug be retained,\nthe Local Court shall consider:\n(a) the amount of the dangerous drug;\n(b) whether the dangerous drug can reasonably be securely\nretained;\n(c) the period of retention;\n(d) the purpose of retention;\n\nMisuse of Drugs Act 1990 50\n(e) the amount of the dangerous drug required for the purpose of\nsampling and analysis;\n(f) a report, if any, of an analyst relating to the dangerous drug;\n(g) whether the arrest of any person in relation to the dangerous\ndrug is imminent;\n(h) the number of persons charged with offences in relation to the\ndangerous drug;\n(j) when the hearing of the charge relating to the dangerous drug\nis likely to be concluded;\n(k) whether there is any other order under this Part relating to the\ndangerous drug;\n(m) any claim of a person to be lawfully entitled to the dangerous\ndrug; and\n(n) any other matter which the Local Court considers is relevant.\n","sortOrder":65},{"sectionNumber":"19G","sectionType":"section","heading":"Adjournment","content":"19G Adjournment\n(1) The Local Court shall adjourn the making of a determination under\nsection 19E whether a dangerous drug should be retained:\n(a) where no order under this Division with respect to the\ndangerous drug has previously been made and a party to the\nproceedings requests the adjournment; or\n(b) where the Local Court considers that the making of the\ndetermination should be adjourned.\n(2) An adjournment under this section shall be for a reasonable period\nnot exceeding 14 days.\n","sortOrder":66},{"sectionNumber":"19H","sectionType":"section","heading":"Review of determination for retention of dangerous drug","content":"19H Review of determination for retention of dangerous drug\nWhere the Local Court determines that a dangerous drug be\nretained, the Local Court shall fix a date, not more than 2 months\nafter the date of the determination, in order to make a further\ndetermination whether the dangerous drug should be retained.\n","sortOrder":67},{"sectionNumber":"19J","sectionType":"section","heading":"Destruction of dangerous drugs","content":"19J Destruction of dangerous drugs\n(1) A dangerous drug shall, except as provided by subsection (2) and\nsection 19K, be destroyed as soon as practicable after the\nexpiration of 7 days, or such longer period as the Local Court\nspecifies, after the date on which it was ordered to be destroyed.\n\nMisuse of Drugs Act 1990 51\n(2) The Local Court may rescind or vary an order for the destruction of\na dangerous drug.\n","sortOrder":68},{"sectionNumber":"19K","sectionType":"section","heading":"Use of dangerous drugs for research etc.","content":"19K Use of dangerous drugs for research etc.\n(1) If, after the Local Court has ordered that a dangerous drug or\nprecursor be destroyed and before the drug or precursor is\ndestroyed, the Chief Executive Officer of the Agency, within the\nmeaning of the Public Sector Employment and Management\nAct 1993 responsible under the Minister for the administration of the\nPublic and Environmental Health Act 2011, requests the\nCommissioner of Police, in writing, to give the dangerous drug or\nprecursor to a person or body specified in the request for the\npurpose of scientific research, instruction, analysis or study, the\ndangerous drug or precursor shall be dealt with in accordance with\nthe request.\n(2) The Commissioner of Police may comply with a request made in\naccordance with subsection (1) by giving the dangerous drug or\nprecursor to a person or body specified in the request if the\nCommissioner is satisfied:\n(a) samples of the drug or precursor are retained in accordance\nwith section 19B(3); and\n(b) if notice is required to be given in accordance with\nsection 19B(4) in relation to the drug or precursor – the notice\nhas been given.\n","sortOrder":69},{"sectionNumber":"19M","sectionType":"section","heading":"Order on committal for trial","content":"19M Order on committal for trial\n(1) On the committal for trial of a person for an offence with respect to\na dangerous drug involving an amount which is not less than the\nminimum amount of the dangerous drug and which has not been\ndestroyed under section 19B or ordered to be destroyed, the Local\nCourt shall make a determination whether the dangerous drug\nshould be retained.\n(2) Where the Local Court determines that the dangerous drug be\nretained, the Local Court shall give the reasons for the\ndetermination.\n","sortOrder":70},{"sectionNumber":"19N","sectionType":"section","heading":"Order on initial hearing of trial","content":"19N Order on initial hearing of trial\nWhere a person is committed for trial for an offence with respect to\na dangerous drug involving an amount which is not less than the\nminimum amount of the dangerous drug and which has not been\ndestroyed under section 19B or ordered to be destroyed, the court\nhearing the trial shall, on the first occasion on which the matter is\nmentioned before it, make a determination whether the dangerous\n\nMisuse of Drugs Act 1990 52\ndrug should be retained.\n","sortOrder":71},{"sectionNumber":"19P","sectionType":"section","heading":"Seized substances may be destroyed or disposed of","content":"19P Seized substances may be destroyed or disposed of\n(1) If a police officer of or above the rank of Commander thinks that a\nsubstance seized under this Act, other than a dangerous drug or a\nprecursor, is:\n(a) dangerous to the health or safety of humans or property; or\n(b) toxic, flammable or corrosive,\nthe officer may order the destruction or disposal of the substance\nby a police officer.\n(2) This section applies to and in relation to a substance whether or not\na person has been or is to be charged with an offence in relation to\nthe substance or a dangerous drug or precursor seized under this\nAct.\n(3) A substance may only be destroyed under subsection (1) if:\n(a) a sample, or samples, that provide a true representation of the\nnature of the property have been taken by or on behalf of a\npolice officer; and\n(b) a sample, or samples, that provide a true representation of the\nnature of the property are kept for the purpose of enabling at\nleast one person who is, or is to be, charged with an offence in\nrelation to the property to have the samples analysed or\nexamined under section 19PA; and\n(c) a sample is kept by the Commissioner of Police or a police\nofficer who is of or above the rank of Commander and is\nnominated by the Commissioner of Police.\n(4) A police officer must make all reasonable attempts to serve on each\nperson who is, or is to be, charged with an offence in relation to the\nproperty written notice of his or her entitlement under section 19PA\nto have a sample or samples of the substance analysed or\nexamined.\n(5) Subsections (3) and (4) do not apply if an analyst has issued a\ncertificate in relation to the substance specifying that the substance\nmay be too dangerous to the health or safety of persons to take or\nkeep samples of it.\n\nMisuse of Drugs Act 1990 53\n(6) Section 19PA and subsections (3) and (4) do not apply in relation to\na substance or thing if a police officer of or above the rank of\nCommander is satisfied on reasonable grounds that:\n(a) there is no lawful owner of the substance or thing; and\n(b) if the substance was seized in circumstances that relate to a\ndangerous drug or a precursor – it is not intended to charge\nany person with an offence in relation to the dangerous drug\nor precursor.\n(7) A substance may be destroyed or disposed of under this section at\nthe place at which it was seized or another place that a police\nofficer who is of or above the rank of Commander thinks fit.\n(8) This Part does not apply to the destruction of part or all of a\nsubstance if the destruction occurs as part of the process of\nanalysing or examining the substance.\n19PA Entitlement to have substance analysed or examined\n(1) A person who is the owner of a seized substance that:\n(a) is to be destroyed under section 19P; and\n(b) has been analysed or examined by an analyst under this Act,\nis entitled to have a sample or samples that provide a true\nrepresentation of the nature of the substance analysed or examined\nby a person if, after the analysis or examination referred to in\nparagraph (b), there is a sufficient quantity of the substance\nremaining to enable a sample or samples of the substance to be\nfurther analysed or examined.\n(2) A person to whom subsection (1) applies who is the owner of a\nseized substance may apply in the prescribed form to the\nCommissioner of Police for the release, into the custody of a person\nspecified in the application, of a sample or samples of the\nsubstance.\n(3) A police officer of or above the rank of Commander may, on the\napplication of a person under subsection (2), authorise the release,\ninto the custody of a person specified in the application, of a sample\nor samples of the substance to which the application relates for the\npurpose of conducting an analysis or examination to determine the\nnature of the substance.\n\nMisuse of Drugs Act 1990 54\n19PB Contaminated objects may be cleaned or disposed of\n(1) An instrument, device, equipment or other thing that is seized under\nthis Act may be destroyed, disposed of, or dealt with in a way\nintended to make it harmless by a police officer if an analyst issues\na certificate under subsection (2).\n(2) An analyst may issue a certificate specifying that the destruction,\ndisposal or dealing referred to in subsection (1) is required because\nthe instrument, device equipment or thing contains or is\ncontaminated with a substance (which may include a dangerous\ndrug or a precursor) that is:\n(a) dangerous to the health or safety of a person or property; or\n(b) toxic, flammable or corrosive.\n(3) A substance or thing may be destroyed, disposed of or dealt with\nunder this section at the place at which it was seized or another\nplace.\n(4) This section applies to and in relation to a substance or thing\nwhether or not a person has been or is to be charged with an\noffence in relation to the substance or thing or a dangerous drug or\nprecursor seized under this Act.\n(5) This Part does not apply to the destruction of part or all of a\nsubstance or thing if the destruction occurs as part of the process of\nanalysing or examining the substance or thing.\n","sortOrder":72},{"sectionNumber":"19Q","sectionType":"section","heading":"Order on appeal","content":"19Q Order on appeal\nWhere an appeal is made to the Supreme Court, the Court of\nCriminal Appeal or the Court of Appeal in respect of an offence\ninvolving a prohibited plant, dangerous drug or precursor which has\nnot been destroyed, the Court shall, on the first occasion on which\nthe appeal is mentioned before it, make a determination whether\nthe prohibited plant, dangerous drug or precursor should be\nretained.\n\nMisuse of Drugs Act 1990 55\n","sortOrder":73},{"sectionNumber":"19R","sectionType":"section","heading":"Presumption on appeal","content":"19R Presumption on appeal\nWhere:\n(a) a person who was legally represented before the Local Court\non the trial of an offence with respect to a prohibited plant,\ndangerous drug or precursor pleaded guilty to the charge;\n(b) an appeal is made against any determination of the Local\nCourt with respect to the offence; and\n(c) before the appeal is heard:\n(i) the prohibited plant, dangerous drug or precursor is\ndestroyed under section 19B or 19P or under an order\nunder this Part; or\n(ii) a substance or thing seized in relation to the offence is\ndestroyed, disposed of or dealt with under section 19PB,\nany particular in the information as to the nature or quantity of the\nprohibited plant, dangerous drug, precursor, substance or thing is,\nfor the purposes of the appeal, presumed to be true.\n","sortOrder":74},{"sectionNumber":"19S","sectionType":"section","heading":"Return of dangerous drug or precursor to lawful owner","content":"19S Return of dangerous drug or precursor to lawful owner\n(1) Nothing in this Part prevents a person lawfully entitled to a\ndangerous drug or precursor seized by police officer from applying\nto a Local Court Judge for an order that the dangerous drug or\nprecursor be returned to the person, and the Local Court Judge\nmay order the return of so much of the dangerous drug or precursor\nas has not been destroyed.\n(2) Nothing in this Part prevents a Local Court Judge or court from\nordering the return of a dangerous drug or precursor to a person\nlawfully entitled to the dangerous drug or precursor whether or not\nan application for the return of the dangerous drug or precursor has\nbeen made by the person.\n","sortOrder":75},{"sectionNumber":"19T","sectionType":"section","heading":"Regulations","content":"19T Regulations\nThe Regulations may make provisions, whether for the purpose of\nthis Part or otherwise, for or with respect to the handling, storage\nand destruction of prohibited plants, dangerous drugs or precursors\nseized by police officers, the sampling and analysis of those\nprohibited plants, dangerous drugs or precursors and the return of\nsuch prohibited plants, dangerous drugs or precursors to a person\nlawfully entitled to them.\n\nMisuse of Drugs Act 1990 56\n19TA Service of notices\nA notice under this Part may be served on a person by:\n(a) handing it to the person;\n(b) posting it to the person at the person's last known postal\naddress or place of residence or business; or\n(c) leaving it for the person at the person's last known place of\nresidence or business with some other person apparently\nresident or employed there and apparently over the age of\n16 years.\n","sortOrder":76},{"sectionNumber":"19U","sectionType":"section","heading":"Definitions","content":"19U Definitions\nIn this Part:\nauthorisation means an authorisation under section 19V(1).\ndetection dog means a police dog trained to detect dangerous\ndrugs or precursors.\ndrug detection area means the area that is subject to an\nelectronic drug detection system means:\n(a) an electronic device of a kind approved by the Commissioner\nof Police for the purpose of detecting the presence of a\ndangerous drug or precursor; or\n(b) a system, of a kind approved by the Commissioner of Police,\nthat involves the use of an electronic device for the purpose of\ndetecting the presence of a dangerous drug or precursor.\ngeneral drug detection means:\n(a) deploying a detection dog in a vehicle or near a person or\nother property; or\n(b) using an electronic drug detection system in relation to a\nperson or property in a manner prescribed by regulation;\nfor the purpose of determining whether the dog or system (as the\ncase may be) detects the presence of a dangerous drug or\nprecursor.\n\nMisuse of Drugs Act 1990 57\npolice dog, see section 4(1) of the Police Administration Act 1978.\nroad, see section 5(1) of the Control of Roads Act 1953.\nsenior police officer means a police officer of or above the rank of\nCommander.\n","sortOrder":77},{"sectionNumber":"19V","sectionType":"section","heading":"Senior police officer may authorise special powers in drug","content":"19V Senior police officer may authorise special powers in drug\ndetection areas\n(1) If a senior police officer reasonably suspects that an area is being,\nor is likely to be, used for the transport of dangerous drugs or\nprecursors in contravention of this Act, the senior police officer may\ngive an authorisation in relation to the area.\n(2) An authorisation must comply with any guidelines issued by the\nCommissioner of Police for this Part.\n(3) An authorisation must specify the area that is subject to the\n(4) An authorisation is subject to any conditions specified in the\n(5) An authorisation has effect for the period, not exceeding 14 days,\nspecified in the authorisation.\n(6) An authorisation may be given in respect of the area that was\nsubject to an authorisation that has expired.\n(7) An authorisation may be varied or revoked at any time by a senior\npolice officer.\n(8) An authorisation or the variation or revocation of an authorisation\nmust be in writing.\n","sortOrder":78},{"sectionNumber":"19W","sectionType":"section","heading":"Restrictions relating to drug detection areas","content":"19W Restrictions relating to drug detection areas\nAn area may be subject to an authorisation only if:\n(a) all of the area is more than 30 kilometres from the General\nPost Office at Darwin; and\n(b) the area is not greater than 3 square kilometres; and\n(c) for an area that consists of or includes one or more roads, any\nsuch road is no longer than 3 kilometres.\n\nMisuse of Drugs Act 1990 58\n","sortOrder":79},{"sectionNumber":"19X","sectionType":"section","heading":"Effect of authorisations","content":"19X Effect of authorisations\n(1) An authorisation authorises a police officer to exercise, for the\ndetection of an offence against this Act that has been, is being or is\nlikely to be committed, the powers conferred by this Part in the drug\ndetection area to which the authorisation relates:\n(a) without a warrant; and\n(b) without reasonable suspicion that an offence against this Act\nhas been committed.\n(2) The Commissioner of Police must establish written procedures:\n(a) to be followed by police officers when exercising the powers\nconferred by this Part to ensure, as far as is reasonably\npracticable, that any undue delay or inconvenience to a\nperson who is subject to those powers is avoided; and\n(b) to ensure that no more than 3 authorisations are in force at the\nsame time.\n(3) An authorisation given when 3 authorisations are already in force\nhas no effect.\n","sortOrder":80},{"sectionNumber":"19Y","sectionType":"section","heading":"Special powers to stop, detain, search and seize in relation to","content":"19Y Special powers to stop, detain, search and seize in relation to\nvehicles and people\n(1) A police officer may:\n(a) direct the driver of a vehicle in a drug detection area to stop\nthe vehicle, whether at a drug detection point established\nunder section 19Z or some other place; and\n(b) detain the vehicle and carry out general drug detection in\nrelation to the vehicle and any person or property in or on the\nvehicle; and\n(c) inspect or search the vehicle, and do the following:\n(i) direct the driver or another person to open any part of\nthe vehicle or any cupboard, drawer, chest, trunk, box,\npackage or other receptacle found in the vehicle;\n(ii) use the reasonable force necessary to open any part of\nthe vehicle or any cupboard, drawer, chest, trunk, box,\npackage or other receptacle found in the vehicle; and\n(d) enter the vehicle, using the reasonable force necessary; and\n\nMisuse of Drugs Act 1990 59\n(e) detain or search a person:\n(i) who was in the vehicle when it was detained; or\n(ii) who the police officer reasonably believes has recently\nleft the vehicle; and\n(f) seize any item or thing that the officer reasonably believes is\nconnected with any offence against this Act; and\n(g) give any other directions that are reasonably necessary for, or\nincidental to, the effective exercise of powers under this\nsection.\n(2) Section 11R(4) and (5) apply in relation to a search carried out\nunder this section.\n(3) If a police officer, under subsection (1)(e), detains a person who is\nor was in a vehicle, the person may be detained only for as long as\nis reasonably necessary for the police officer to carry out general\ndrug detection in relation to, and searches of, the vehicle and any\nperson or property in or on the vehicle.\n(4) A person to whom a direction is given under subsection (1)(a)\ncommits an offence if:\n(b) the conduct results in a contravention of the direction and the\nperson is reckless in relation to the result.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(5) A person who is detained by a police officer under subsection (1)(e)\nand directed by the officer to inform the officer of the person's\nname, address and date of birth commits an offence if:\n(b) the conduct results in a contravention of the direction and the\nperson is reckless in relation to the result.\n\nMisuse of Drugs Act 1990 60\n(6) In this section:\ndriver, see section 3(1) of the Traffic Act 1987.\nNote for section 19Y\nAdditional powers are conferred under Part VII, Division 2A of the Police\nAdministration Act 1978 on a police officer in relation to stopping, detaining,\nsearching and seizing if the police officer has reasonable grounds to suspect the\npresence of a dangerous drug or precursor.\n","sortOrder":81},{"sectionNumber":"19Z","sectionType":"section","heading":"Drug detection points","content":"19Z Drug detection points\n(1) A drug detection point may be established by police officers at any\ntime on or near a road in a drug detection area for the purpose of\nexercising the powers conferred by this Part in relation to persons\ndriving vehicles on the road and those vehicles.\n(2) A drug detection point must be established in the way, and consist\nof the facilities and warning and other devices, that the\nCommissioner of Police considers necessary to enable vehicles to\nbe stopped in a safe and orderly manner.\n19ZA Annual report to Minister\n(1) The Commissioner of Police must give a report to the Minister that\nprovides the following information for each financial year:\n(a) the number of authorisations given by senior police officers\nduring the financial year;\n(b) the areas that were subject to those authorisations;\n(c) the periods during which those authorisations had effect;\n(d) the number of occasions when, in the course of the exercise\nof the powers conferred by this Part, a dangerous drug or\nprecursor was seized.\n(2) The report for a financial year must be given to the Minister within\n3 months after the end of the financial year.\n(3) The Minister must table a copy of the report in the Legislative\nAssembly within 7 sitting days after the Minister receives the report.\n\nMisuse of Drugs Act 1990 61\n","sortOrder":82},{"sectionNumber":"20","sectionType":"section","heading":"Infringement notice offence and prescribed amount payable","content":"20 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is:\n(a) an offence against section 6B(1) if:\n(i) the prohibited plant is a cannabis plant; and\n(ii) the number of plants cultivated does not exceed 2; or\n(b) an offence against section 7B(1) or 7D(1) if:\n(i) the dangerous drug is specified in Schedule 3; and\n(ii) the quantity of the drug possessed does not exceed the\nquantity specified opposite the drug.\n(2) The prescribed amount for an infringement notice offence is the\namount equal to the monetary value of 2 penalty units.\n","sortOrder":83},{"sectionNumber":"20A","sectionType":"section","heading":"When infringement notice may be given","content":"20A When infringement notice may be given\n(1) If a police officer reasonably believes a person has committed an\ninfringement notice offence, the officer may give a notice (an\ninfringement notice) to the person.\n(2) However, a police officer must not give an infringement notice to a\nperson unless the officer reasonably believes the person is an\nadult.\n","sortOrder":84},{"sectionNumber":"20B","sectionType":"section","heading":"Contents of infringement notice","content":"20B Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to which the prescribed amount is\npayable.\n\nMisuse of Drugs Act 1990 62\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subsection (2)(b).\n","sortOrder":85},{"sectionNumber":"20C","sectionType":"section","heading":"Payment by cheque","content":"20C Payment by cheque\nIf the person tenders a cheque in payment of the prescribed\namount, the amount is not taken to have been paid unless the\ncheque is cleared on first presentation.\n","sortOrder":86},{"sectionNumber":"20D","sectionType":"section","heading":"Withdrawal of infringement notice","content":"20D Withdrawal of infringement notice\n(1) A police officer may withdraw the infringement notice by written\nnotice given to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n\nMisuse of Drugs Act 1990 63\n(b) before payment of the prescribed amount.\n","sortOrder":87},{"sectionNumber":"20E","sectionType":"section","heading":"Application of Part","content":"20E Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\n","sortOrder":88},{"sectionNumber":"21","sectionType":"section","heading":"Act to be construed with Criminal Code","content":"21 Act to be construed with Criminal Code\nThe Criminal Code, with the necessary changes, shall be read and\nconstrued with this Act.\n","sortOrder":89},{"sectionNumber":"22","sectionType":"section","heading":"Certain offences may be dealt with summarily","content":"22 Certain offences may be dealt with summarily\n(1) Where a person charged with an offence against Part II, Division 1,\nSubdivision 1, 2 or 3 or section 11Y is liable on being found guilty to\na fine or to imprisonment for a term not exceeding 14 years,\nproceedings in respect of the commission of the offence may be\ntaken summarily.\n(2) Despite subsection (1), a person who is charged with an offence\nreferred to in section 36A(6) and who could, if found guilty of the\noffence, be declared under section 36A to be a drug trafficker is not\nto be tried summarily for the offence.\n","sortOrder":90},{"sectionNumber":"23","sectionType":"section","heading":"Proceedings for offences","content":"23 Proceedings for offences\n(2) Despite section 121A of the Local Court (Criminal Procedure)\nAct 1928, a charge mentioned in section 22 may be heard and\ndetermined summarily only if the prosecution elects for it to be so\nheard.\n\nMisuse of Drugs Act 1990 64\n(3) Summary proceedings for an indictable offence against this Act\nmay proceed:\n(a) if the offence is one that may be heard and determined\nsummarily; and\n(b) even if 6 months have elapsed from the time when the offence\nwas allegedly committed.\n(4) If it appears to the Local Court that a charge of an offence against\nthis Act that is being heard summarily ought to be tried by the\nSupreme Court, the Local Court must discontinue the summary\nproceedings and continue the proceedings as a preliminary\nexamination under the Local Court (Criminal Procedure) Act 1928.\n(5) If the Court discontinues the summary proceedings under\nsubsection (4):\n(a) the plea of the defendant taken at the outset of the summary\nproceedings must be disregarded; and\n(b) the evidence already adduced in the proceedings is taken to\nbe evidence in the preliminary examination; and\n(c) before committing the defendant for trial or sentence, the\nLocal Court Judge must address the defendant in accordance\nwith section 110 of the Local Court (Criminal Procedure)\nAct 1928.\n(6) An accused person may be charged (whether on indictment or not)\nand proceeded against for supplying a dangerous drug\nnotwithstanding that the supply is alleged to be constituted by a\nnumber of instances of supply and notwithstanding that different\npersons are alleged to have been supplied if the different instances\nof supply are, or form part of, a series of offences of the same or a\nsimilar character.\n","sortOrder":91},{"sectionNumber":"24","sectionType":"section","heading":"Protection of informers","content":"24 Protection of informers\n(1) Where an informer supplies information to a police officer in respect\nof the commission of an offence against Part II, then, subject to\nsection 25(3), the informer's identity at all times must be kept\nconfidential.\n(2) Subject to section 25(3), a person commits an offence if:\n(a) the person intentionally discloses information; and\n\nMisuse of Drugs Act 1990 65\n(b) the disclosure of the information results in the disclosure of the\nname of an informer, or a matter that may lead to the\nidentification of an informer, and the person is reckless in\nrelation to the result.\nsubsection (2) if the defendant made the disclosure in good faith for\nthe protection of the interests of the informer or for the public good.\n(4) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (3).\n","sortOrder":92},{"sectionNumber":"25","sectionType":"section","heading":"Source of information not to be disclosed","content":"25 Source of information not to be disclosed\n(1) In proceedings for an offence against Part II:\n(a) the prosecutor; or\n(b) a person who appears as a witness for the prosecution; or\n(c) if a police officer appears as a witness for the defence, the\nofficer;\nmust not be asked, and if asked must not be compelled to disclose,\nthe name of an informer or other particular that may be likely to lead\nto the informer's identification, or the fact that in respect of the\noffence the prosecutor, informer or police officer mentioned in\nparagraph (b) received information from an informer or furnished\ninformation to an informer, or the nature of the information.\n(2) In proceedings for an offence against Part II, a police officer\nappearing as a prosecutor or witness must not be compelled to\nproduce a report or document made or received in the officer's\nofficial capacity or containing confidential information in relation to\nsuch offence, or to make a statement in relation to such a report,\ndocument or information.\n(3) Subsection (1) or (2) does not apply to the extent that the defendant\nsatisfies the court that it is in the interest of justice in the particular\ncase that the information be given, the report or document\nproduced or the statement made, as the case may be.\n\nMisuse of Drugs Act 1990 66\n","sortOrder":93},{"sectionNumber":"26","sectionType":"section","heading":"Power to prohibit publication of proceedings","content":"26 Power to prohibit publication of proceedings\n(1) In proceedings for an offence against Part II, the following may\nmake an order prohibiting the publication of the whole or any part of\nthe proceedings, or the name and address of any witness, that\nremains in force for the period specified in the order:\n(a) the Local Court;\n(b) if the defendant has been committed for trial or sentence – the\nSupreme Court.\n(2) The application is to be heard in the presence of only such persons\nas the court thinks fit.\n(3) On the hearing of the application under subsection (2) the court\nmay receive and act on such information as the court thinks fit.\n(4) When considering an application under subsection (2) regard shall\nbe had to:\n(a) the safety of any person;\n(b) the extent to which the detection of offences of a like nature\nmay be affected; and\n(c) the need to guarantee the confidentiality of information given\nby an informer.\n(5) A person commits an offence if:\n(b) the conduct results in the contravention of an order made\nunder subsection (1) and the person is reckless in relation to\nthe result.\n","sortOrder":94},{"sectionNumber":"27","sectionType":"section","heading":"Certain proceedings relating to sentence","content":"27 Certain proceedings relating to sentence\n(1) A court before which a person is found guilty of an offence against\nthis Act may, with the consent of the prosecution and the\ndefendant, determine the question of sentence otherwise than in\nopen court.\n(3) In determining the question of sentence pursuant to this section:\n(a) the proceedings shall be as prescribed by the rules of the\ncourt or, if no procedure is so prescribed, as the court directs;\n\nMisuse of Drugs Act 1990 67\n(b) the proceedings shall be heard in the presence of only such\npersons as the court thinks fit;\n(c) the court may receive and act on such information as it thinks\nfit;\n(d) no transcript shall be made of the proceedings unless directed\nby the court; and\n(e) no notice or report relating to the proceedings shall be\npublished and no record of the proceedings (other than the\norder as to the sentence to be imposed) shall be available for\nsearch by a person except by direction of the court.\n","sortOrder":95},{"sectionNumber":"28","sectionType":"section","heading":"Fines","content":"28 Fines\nA person found guilty of an offence against Part II, in addition to any\nother penalty, may be ordered to pay a fine the amount of which is\nnot limited by section 16 of the Sentencing Act 1995 and in default\nof payment of that fine the person may be ordered to be imprisoned\nfor not longer than 3 years notwithstanding that it may extend the\nterm of imprisonment beyond the longest term to which the person\nmight be sentenced to imprisonment without fine.\n","sortOrder":96},{"sectionNumber":"29","sectionType":"section","heading":"Analyst's certificate","content":"29 Analyst's certificate\nIn proceedings for an offence against this Act, the production of a\ncertificate purporting to be signed by an analyst in relation to an\nanalysis or examination made by the analyst is, without proof of the\nanalyst's signature, or that he or she is an analyst, evidence of:\n(a) the identity and quantity of the thing analysed or examined;\nand\n(b) the result of the analysis or examination and of the matters\nrelevant to the proceedings stated in the certificate;\nand, in the absence of evidence to the contrary, is conclusive\nevidence.\n\nMisuse of Drugs Act 1990 68\n","sortOrder":97},{"sectionNumber":"31","sectionType":"section","heading":"Possession by police officer etc.","content":"31 Possession by police officer etc.\n(1) Notwithstanding anything contained in this Act, the possession of a\ndangerous drug or precursor by a police officer, or by a person\nauthorised by a police officer to have that dangerous drug or\nprecursor in the person's possession, is not an offence if that\ndangerous drug or precursor:\n(a) was seized or obtained in:\n(i) the execution of the duties; or\n(ii) the exercise of the powers,\nof that officer or other person under this Act or any other law in\nforce in the Territory; or\n(b) is in the officer's or person's possession pending the institution\nand hearing of proceedings for an offence against this Act or\nany other law in force in the Territory; or\n(c) is in the officer's or person's possession for a purpose\nassociated with the administration of this Act.\n(2) A dangerous drug or precursor is taken to be in the possession of a\npolice officer or person for a purpose associated with the\nadministration of this Act if it is held by the officer or person for\nanalysis for the purpose of proceedings for an offence against this\nAct or of any other law in force in the Territory or of qualifying the\nofficer or person to give evidence in those proceedings.\n(3) If proceedings for an offence against this Act have commenced, a\nthe officer who has obtained a dangerous drug or precursor or a\nperson who has obtained a dangerous drug or precursor under an\nauthority given under section 32 must not, by reason only of that\ncircumstance, be taken to be a party to an offence against this Act\nor be guilty of an offence against this Act, nor may the evidence of\nthe officer or person be taken in the proceedings to be the evidence\nof an accomplice.\n","sortOrder":98},{"sectionNumber":"32","sectionType":"section","heading":"Undercover operations","content":"32 Undercover operations\n(1) A police officer of or above the rank of Commander may in writing,\nsubject to such conditions as he or she thinks fit, authorise a police\nofficer below that rank, or a person who is not a police officer, to\nacquire or supply for the purpose of detecting the commission of an\noffence against this Act, or have in the person's possession for that\npurpose, a dangerous drug or precursor.\n\nMisuse of Drugs Act 1990 69\n(2) Without limiting section 31, a police officer or person authorised\nunder subsection (1) may (in the case of a person authorised under\nsubsection (1), while acting in pursuance of that authority) acquire\nor supply and possess a dangerous drug or precursor for the\npurpose of detecting the commission of an offence against this Act.\n(3) A person who is authorised under subsection (1) to acquire a\ndangerous drug or precursor must, as soon as practicable after\nreceiving the dangerous drug or precursor, deliver it to a police\nofficer.\n(4) A person commits an offence if:\n(b) the conduct results in a contravention of subsection (3) and\n","sortOrder":99},{"sectionNumber":"33","sectionType":"section","heading":"Authorisation to possess, cultivate or manufacture dangerous","content":"33 Authorisation to possess, cultivate or manufacture dangerous\ndrug or precursor\n(1) The Chief Health Officer may, in writing, authorise a person to\npossess or manufacture a dangerous drug or precursor, or cultivate\na prohibited plant, for the purpose of research, instruction, analysis\nor study.\n(1A) However, the Chief Health Officer must not give an authorisation\nunder subsection (1) for a dangerous drug or precursor for which a\nresearch authorisation under the Medicines, Poisons and\nTherapeutic Goods Act 2012 can be granted.\n(2) An authorisation under subsection (1) is subject to the conditions, if\nany, specified in the authorisation.\n(3) A person may lawfully possess or manufacture a dangerous drug or\nprecursor, or cultivate a prohibited plant, in accordance with an\nauthorisation under subsection (1).\n(4) If an authorisation is given under subsection (1) to a body\ncorporate, a person who is directly involved in the research,\ninstruction, analysis or study to which the authorisation relates may\nlawfully possess or manufacture the dangerous drug or precursor,\nor cultivate the prohibited plant, in accordance with the\n\nMisuse of Drugs Act 1990 70\n","sortOrder":100},{"sectionNumber":"34","sectionType":"section","heading":"Forfeiture of drugs, precursors etc.","content":"34 Forfeiture of drugs, precursors etc.\n(1) On the finding of guilt of a person for an offence against this Act,\nany dangerous drug or precursor in respect of which the finding of\nguilt is made is forfeited to the Crown.\n(2) Where a person charged with an offence against this Act is tried but\nnot found guilty of any offence on the charge, the court before\nwhich the person was charged may order that a dangerous drug or\nprecursor, or thing alleged to be a dangerous drug or precursor, in\nrespect of which the offence was alleged to have been committed\nbe forfeited to the Crown and on the order being so made it is\nforfeited accordingly.\n(3) Where a person is found guilty of an offence against this Act, the\ncourt by which the person is found guilty may, on application to it\nmade on behalf of the Crown, order that any vehicle, vessel,\naircraft, other conveyance, money, money's worth, valuable\nsecurity, acknowledgement, note or other thing that relates to that\noffence be forfeited to the Crown.\n(4) Where an application referred to in subsection (3) is made, a\nperson who has an interest in the vehicle, vessel, aircraft, other\nconveyance, money, money's worth, valuable security,\nacknowledgement, note or other thing to which the application\nrelates is entitled to:\n(a) such notice of the application as the court thinks fit; and\n(b) to appear and be heard on the application.\n(5) Where any vehicle, vessel, aircraft, other conveyance, money,\nmoney's worth, valuable security, acknowledgement, note or other\nthing that is liable to forfeiture under subsection (2) or (3) is\nreceived or acquired by a person who was not a party to the\ncommission of the offence by virtue of which it is liable to forfeiture,\nan order for its forfeiture may be made unless that person proves\nthat he or she:\n(a) gave valuable consideration for it; and\n(b) at the time of receiving or acquiring it had no reason to\nsuspect the circumstances by virtue of which it is liable to\nforfeiture.\n(6) A court empowered under this section to order the forfeiture of any\nvehicle, vessel, aircraft, other conveyance, money, money's worth,\nvaluable security, acknowledgement, note or other thing may order\nthat it be released or returned to a person referred to in\nsubsection (5) or any other person.\n\nMisuse of Drugs Act 1990 71\n(7) Where an order is made under subsection (3), a person referred to\nin subsection (5) may appeal against the order of the court as if the\nperson were a defendant.\n(8) A person who is in possession of money or any other thing that is\nordered to be forfeited under subsection (3) must, immediately on\nproduction to the person of a copy of the order made under\nsubsection (3), pay the money or deliver the thing to the Crown.\n(8A) A person commits an offence if:\n(b) the conduct results in a contravention of subsection (8) and\n(9) On payment or delivery being made in accordance with\nsubsection (8), the liability to the person found guilty, or to any other\nperson, of the person making the payment or delivery is, to the\nextent of that payment or delivery, discharged.\n(10) A thing forfeited to the Crown under this section shall be dealt with\nin such manner as the Minister directs.\n(11) Where a court makes an order under subsection (3), the Supreme\nCourt Judge or Local Court Judge constituting the court shall make\nand sign a minute or memorandum of the order.\n(12) A minute or memorandum of an order made under subsection (11)\nhas the force and effect of a judgment of the court and the like\nproceedings (including proceedings in bankruptcy) may be taken on\nthe minute or memorandum as if the order had been a judgment of\nthe court:\n(a) in favour of the Crown (as plaintiff and the owner of the\nforfeited vehicle, vessel, aircraft, other conveyance, money,\nmoney's worth, valuable security, acknowledgement, note or\nother thing); and\n(b) against the person found guilty as defendant.\n\nMisuse of Drugs Act 1990 72\n(13) For the purposes of this section, any vehicle, vessel, aircraft, other\nconveyance, money, money's worth, valuable security,\nacknowledgement, note or other thing shall be taken to relate to an\noffence if it:\n(a) is an article referred to in section 120BA of the Police\nAdministration Act 1978;\n(b) was used in the commission of an offence against this Act;\n(c) was received or acquired directly or indirectly as or from the\nproceeds or part of the proceeds of the sale of a dangerous\ndrug, precursor; or\n(d) entitles a person, or is evidence that a person is entitled, to\nreceive money or money's worth as the proceeds or part of\nthe proceeds of the sale of a dangerous drug or precursor,\nwhether or not the money, money's worth, valuable security,\nacknowledgement, note or other thing is or was at any time owned\nby or in the possession of the person found guilty.\n","sortOrder":101},{"sectionNumber":"35","sectionType":"section","heading":"Return of seized items","content":"35 Return of seized items\n(1) Where a thing is seized under this Act, is not destroyed under\nsection 19B, 19P or 19PB and no proceedings are instituted for an\noffence relating to it, the Commissioner of Police:\n(a) shall return it to the person whom the Commissioner believes,\non reasonable grounds, is its owner and is entitled by law to\nhave it in the person's possession; or\n(b) shall, by notice in writing, where the Commissioner is not\nsatisfied as to whom it should be returned, require the person\nfrom whom it was seized, or a person appearing to the\nCommissioner to be its likely owner, to claim delivery of it.\n(2) The Commissioner of Police shall not return a thing seized under\nthis Act unless satisfied that it is not a dangerous drug, precursor or\nother thing the possession of which by the person to whom the\nCommissioner would otherwise return it would constitute an\noffence.\n(3) If no claim is made within 21 days after the date of service of a\nnotice under subsection (1)(b), or after reasonable inquiry the\nperson to whom the notice is addressed cannot be found, the thing\nseized is forfeited to the Crown and shall be disposed of in the\nmanner directed by the Minister.\n\nMisuse of Drugs Act 1990 73\n(4) Where a person served with a notice under subsection (1)(b)\nmakes a claim for the delivery to the person of a thing seized or, in\nthe opinion of the Commissioner of Police, the owner is not entitled\nby law to have the thing seized in the owner's possession, the\nCommissioner shall refer the claim or question to the Local Court\nand the court may deal with the matter as if, in either case, it were a\nclaim under section 130B of the Local Court (Criminal Procedure)\nAct 1928 by a claimant of property.\n","sortOrder":102},{"sectionNumber":"35A","sectionType":"section","heading":"Detention for purpose of performing search of body cavities","content":"35A Detention for purpose of performing search of body cavities\netc.\n(1) If a police officer has a reasonable suspicion that a person has\nswallowed a dangerous drug, or may be concealing a dangerous\ndrug on or in his or her person, the officer may apply to a Supreme\nCourt Judge for an order under subsection (2).\n(2) A Supreme Court Judge may order that a person be detained for\nthe purpose of enabling an intimate procedure specified in\nparagraph (a), (b), (c) or (k) of the definition of intimate procedure\nunder the Police Administration Act 1978 to be performed under\nsection 145 of that Act for the purpose of locating the presence of\nthe drug, if the judge is satisfied that the police officer has\nreasonable grounds for the suspicion referred in subsection (1).\n(3) An application may be made under subsection (1) in relation to a\nperson although the person has not been charged with an offence\nagainst this Act or any other Act.\n(4) An order made under subsection (2) in relation to a person is taken\nto be an approval under section 145(4) of the Police Administration\nAct 1978 in relation to the person and subsections (7) to (14)\n(inclusive) of that section apply accordingly.\n(5) For the purposes of this section and section 145 of the Police\nAdministration Act 1978 in relation to an order under this section, a\nreference in paragraph (k) of the definition of intimate procedure\nin that Act to the taking of an X-ray is taken to include a reference\nto taking an ultrasound, or an electromagnetic radiation or\nradiography recording, scan or test.\n","sortOrder":103},{"sectionNumber":"36","sectionType":"section","heading":"Power of police","content":"36 Power of police\nThe provisions of this Act relating to the power of a police officer\n(including the Commissioner of Police) are in addition to, and not in\nderogation of, any other power the police officer may have under\nany other law in force in the Territory.\n\nMisuse of Drugs Act 1990 74\n","sortOrder":104},{"sectionNumber":"36A","sectionType":"section","heading":"Declared drug trafficker","content":"36A Declared drug trafficker\n(1) The Director of Public Prosecutions may apply to the Supreme\nCourt for a declaration that a person is a drug trafficker.\n(2) An application under subsection (1) may be made at the time of a\nhearing for an offence or at any other time.\n(3) On hearing an application by the Director of Public Prosecutions\nunder subsection (1), the court must declare a person to be a drug\ntrafficker if:\n(a) the person has been found guilty by the court of an offence\nreferred to in subsection (6) that was committed after the\ncommencement of this section; and\n(b) subject to subsection (5), in the 10 years prior to the day on\nwhich the offence was committed (or the first day on which the\noffence was committed, as the case requires), the person has\nbeen found guilty:\n(i) on 2 or more occasions of an offence corresponding to\nan offence referred to in subsection (6); or\n(ii) on one occasion of 2 (or more) separate charges relating\nto separate offences of which 2 or more correspond to\nan offence or offences referred to in subsection (6).\n(4) An offence referred to in subsection (3)(b):\n(a) may have been committed either before or after the\ncommencement of this section; and\n(b) may have been tried either summarily or on indictment.\n(5) If, during the period of 10 years referred to in subsection (3), the\nperson served a term (or more than one term) of imprisonment for\nan offence corresponding to an offence referred to in\nsubsection (6), the 10 year period is extended by the total length of\ntime the person served in imprisonment.\n(6) The following are offences relevant for the purposes of\nsubsection (3):\n(a) an offence against Part II, Division 1, Subdivision 1;\n(b) an offence against section 6(1), 6A(1), 6E(1), 6F(1), 6G(1),\n7(1), 7A(1) or 7C(1);\n\nMisuse of Drugs Act 1990 75\n(e) conspiring with another person to commit an offence\nmentioned in paragraph (a) or (b);\n(f) an offence against a law of a State or another Territory\ncorresponding to an offence mentioned in paragraphs (a)\nto (e);\n(h) an offence against Division 307 of the Criminal Code (Cth).\n","sortOrder":105},{"sectionNumber":"37","sectionType":"section","heading":"Penalty guidelines","content":"37 Penalty guidelines\n(1) In this section:\ncommercial gain, in relation to supplying dangerous drugs, means\nto supply the dangerous drugs for fee, reward or consideration or in\nexpectation of a fee, reward or consideration.\n(4) Notwithstanding any other law of the Territory, where a person\nalready serving a period of actual imprisonment is sentenced by a\ncourt to serve a period of actual imprisonment for an offence\nagainst this Act committed by the person while serving the first-\nmentioned period, the further period of actual imprisonment shall be\nserved consecutively to the period of imprisonment currently being\nserved by the person.\n(6) In sentencing a person for an offence against Part II, Division 1,\nSubdivision 2 or 3, the court is to presume that:\n(a) if the amount of the dangerous drugs to which the offence\nrelates is a traffickable quantity – the person intended to\nsupply the dangerous drugs; and\n(b) if the amount of the dangerous drugs to which the offence\nrelates is a commercial quantity – the person intended to\nsupply the dangerous drugs for commercial gain.\n(7) Subsection (6) applies unless the contrary is proved.\n","sortOrder":106},{"sectionNumber":"38","sectionType":"section","heading":"Penalty for offence involving procurement of young child","content":"38 Penalty for offence involving procurement of young child\n(1) This section applies in relation to an offence against this Act that,\nunder section 43BG or 43BH of the Criminal Code, a person is\ntaken to have committed because the person procured a young\nchild to:\n(a) commit the offence; or\n(b) engage in conduct as mentioned in section 43BH(1)(a) of the\nCriminal Code.\n\nMisuse of Drugs Act 1990 76\n(2) Despite section 43BG or 43BH of the Criminal Code, the person is\nliable to a maximum penalty of life imprisonment for the offence.\nyoung child means a person who has not attained the age of\n","sortOrder":107},{"sectionNumber":"39","sectionType":"section","heading":"Criminal liability of executive officer of body corporate –","content":"39 Criminal liability of executive officer of body corporate –\nevidential burden of proof on defence\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) An offence against subsection (1) is an offence of absolute liability.\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n\nMisuse of Drugs Act 1990 77\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(9) In this section:\ndeclared provision means:\n(a) Part II, Division 1, Subdivision 1 or 2 or section 8(1) or (2)\nor 8A(1); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":108},{"sectionNumber":"40","sectionType":"section","heading":"Evidentiary","content":"40 Evidentiary\n(1) In respect of a charge against a person of having committed an\noffence against this Act:\n(a) it is not necessary to particularise the dangerous drug or\nprecursor in respect of which the offence is alleged to have\nbeen committed; and\n(b) that person is liable to be found guilty as charged\nnotwithstanding that the identity of the dangerous drug or\nprecursor to which the charge relates is not proved to the\nsatisfaction of the court that hears the charge if the court is\nsatisfied that the thing to which the charge relates was at the\nmaterial time a dangerous drug or precursor; and\n(c) proof that a dangerous drug or precursor was at the material\ntime in or on a place of which the person was:\n(i) the occupier; or\n(ii) concerned in the management or control;\n\nMisuse of Drugs Act 1990 78\nis taken to be proof that the drug or precursor was then in the\nperson's possession unless the person proves that the person\nthen neither knew nor had reason to suspect that the drug or\nprecursor was in or on that place.\n(2) In proceedings for an offence against this Act, a certificate\npurporting to be signed by the Commissioner of Police and stating\nany of the following matters is prima facie evidence of the matter:\n(a) on a specified day, a police officer was a senior police officer;\n(b) on a specified day, an area was an authorised drug detection\narea.\n(3) In a prosecution for an offence against section 5D(1), a statement\nin the complaint or indictment that the place at which the alleged\nsupply occurred, or was to occur, was at the relevant time an\nindigenous community, is evidence of the matters stated.\n","sortOrder":109},{"sectionNumber":"41","sectionType":"section","heading":"Receiving or possessing some only of property alleged","content":"41 Receiving or possessing some only of property alleged\nIf, in relation to a charge of having committed an offence against\nsection 8, the trier of fact finds specially that the person committed\nthe offence in respect of some, but not all, of the property alleged\nby the prosecution, the person is not by reason only of the finding\nentitled to be acquitted or have the charge dismissed but rather\nmust be found guilty of the offence in respect of the property so\nfound.\n","sortOrder":110},{"sectionNumber":"42","sectionType":"section","heading":"Exemptions","content":"42 Exemptions\nDespite anything contained in this Act, a person who:\n(a) is in possession of a dangerous drug which has been supplied\nto that person by or on the lawful prescription of an authorised\nprescriber; or\n(b) administers a dangerous drug to another person in\naccordance with the lawful directions of a medical practitioner,\ndentist or optometrist,\nis not guilty of an offence against this Act.\n","sortOrder":111},{"sectionNumber":"42A","sectionType":"section","heading":"Acquisition","content":"42A Acquisition\nIf, but for this section, property is acquired under this Act otherwise\nthan on just terms:\n(a) the person from whom the property is acquired is entitled to\nreceive just compensation for the acquisition; and\n\nMisuse of Drugs Act 1990 79\n(b) a court of competent jurisdiction may determine the amount of\nthe compensation or make the orders necessary to ensure\nthat the compensation is on just terms.\n","sortOrder":112},{"sectionNumber":"43","sectionType":"section","heading":"Regulations","content":"43 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The Regulations may provide for the following:\n(a) the amendment of a Schedule to this Act to insert a substance\nor thing into the Schedule and specify, for the substance or\nthing, the relevant traffickable quantity and commercial\nquantity;\n(ab) the amendment of Schedules 1 and 2 to this Act to:\n(i) omit a substance or thing from Schedule 2; and\n(ii) insert the substance or thing into Schedule 1 and\nspecify, for the substance or thing, the relevant\ntraffickable quantity and commercial quantity;\n(b) notices and the form of such notices to be posted on liquor\nlicensed premises or particular parts of liquor licensed\npremises for the purposes of this Act;\n(c) the safe disposal of hypodermic syringes and needles;\n(d) for an offence against the Regulations – a maximum penalty\nof 17 penalty units.\n","sortOrder":113},{"sectionNumber":"44","sectionType":"section","heading":"Transitional provision for increased penalty for supplying","content":"44 Transitional provision for increased penalty for supplying\ndangerous drug in indigenous community\nTo avoid doubt, the amendment of section 5 by the Misuse of Drugs\nAmendment Act 2008 applies only to an offence committed after\nthe commencement of that Act.\n\nMisuse of Drugs Act 1990 80\n","sortOrder":114},{"sectionNumber":"45","sectionType":"section","heading":"Transitional provision for Misuse of Drugs Amendment","content":"45 Transitional provision for Misuse of Drugs Amendment\n(Methamphetamine) Act 2013\n(1) Schedules 1 and 2, as amended by the Misuse of Drugs\nAmendment (Methamphetamine) Act 2013, apply only in relation to\noffences committed after the commencement of this section\n(commencement).\n(2) Schedules 1 and 2, as in force before commencement, continue to\napply in relation to offences committed before commencement.\n(3) For this section:\n(a) an offence is taken to have been committed after\ncommencement only if all of the conduct constituting the\noffence occurred after commencement; and\n(b) any other offence is taken to have been committed before\n","sortOrder":115},{"sectionNumber":"46","sectionType":"section","heading":"Transitional provision for Misuse of Drugs Amendment","content":"46 Transitional provision for Misuse of Drugs Amendment\nAct 2014\n(1) This Act, as amended by the Misuse of Drugs Amendment\nAct 2014, applies only in relation to offences committed after the\ncommencement of this section (commencement).\n(2) This Act, as in force before commencement, continues to apply in\nrelation to offences committed before commencement.\n(3) For this section:\n(a) an offence is taken to have been committed after\ncommencement only if all of the conduct constituting the\noffence occurred after commencement; and\n(b) any other offence is taken to have been committed before\n\nMisuse of Drugs Act 1990 81\n","sortOrder":116},{"sectionNumber":"Div 2","sectionType":"division","heading":"Statute Law Amendment (Directors' Liability)","content":"Division 2 Statute Law Amendment (Directors' Liability)\nAct 2015\n","sortOrder":117},{"sectionNumber":"47","sectionType":"section","heading":"Offences – before and after commencement","content":"47 Offences – before and after commencement\n(1) Section 39, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 25 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 39, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a\ncorporation before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n","sortOrder":118},{"sectionNumber":"48","sectionType":"section","heading":"Application of amendment","content":"48 Application of amendment\n(1) Section 40(c), as amended by the Misuse of Drugs Amendment\nAct 2015, applies only in relation to offences committed after the\ncommencement of section 8 of that Act (the commencement).\n(2) Section 40(c), as in force before the commencement, continues to\napply in relation to offences committed before the commencement.\n(3) For this section, if any of the conduct constituting an offence\n\nDivision 5 Sentencing and Other Legislation Amendment Act 2022\nMisuse of Drugs Act 1990 82\nDivision 4 Justice Legislation Amendment (Drug Offences)\nAct 2016\n49 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the Justice Legislation\nAmendment (Drug Offences) Act 2016, apply only in relation to\noffences committed after the commencement of that Act (the\ncommencement).\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\n(3) For this section, if any of the conduct constituting an offence\n(4) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n","sortOrder":119},{"sectionNumber":"Div 5","sectionType":"division","heading":"Sentencing and Other Legislation Amendment","content":"Division 5 Sentencing and Other Legislation Amendment\nAct 2022\n","sortOrder":120},{"sectionNumber":"50","sectionType":"section","heading":"Application of section 37 after commencement","content":"50 Application of section 37 after commencement\n(1) Section 37, as amended by the Sentencing and Other Legislation\nAmendment Act 2022, applies in relation to:\n(a) an offence committed before the commencement if the court\nhad not sentenced the person for the offence before the\ncommencement; and\n(b) an offence committed after the commencement.\n(2) For this section, if any of the conduct constituting an offence\ncommencement means the commencement of Part 4 of the\nSentencing and Other Legislation Amendment Act 2022.\n\nMisuse of Drugs Act 1990 83\nsection 3\nColumn 1\nSubstance or thing\nColumn 2\nTraffickable\nColumn 3\nCommercial\nAcetyl-a-methylfentanyl 0.005 g 0.25 g\nAlfentanil 0.005 g 0.25 g\nAmphetamine 2.00 g 40.00 g\nButonitazene 0.005 g 0.25 g\nClonitazene 0.005 g 0.25 g\nCocaine 2.00 g 40.00 g\nEtodesnitazene 0.005 g 0.25 g\nEtonitazene 0.005 g 0.25 g\nEtonitazepipne 0.005 g 0.25 g\nEtonitazepyne 0.005 g 0.25 g\nFentanyl 0.005 g 0.25 g\nFlunitazene 0.005 g 0.25 g\nHeroin 2.00 g 40.00 g\nIsotonitazene 0.005 g 0.25 g\nKetamine 0.002 g 0.10 g\nLysergic acid 0.002 g 0.10 g\nLysergide 0.002 g 0.10 g\nMethamphetamine 2.00 g 40.00 g\nMethiopropamine 2.00 g 40.00 g\nMethoxetamine 0.002 g 0.10 g\nMethoxyamphetamine 0.50 g 25.00 g\n\nMisuse of Drugs Act 1990 84\nMethoxyethylenedioxyamphetamine 0.50 g 25.00 g\nMethoxymethamphetamine 2.00 g 40.00 g\nMethoxymethylenedioxyamphetamine (MMDA) 0.50 g 25.00 g\nMethylenedioxyamphetamine (MDA) 0.50 g 25.00 g\nMethylenedioxyethylamphetamine (MDEA) 0.50 g 25.00 g\nMethylenedioxymethamphetamine (MDMA) 0.50 g 25.00 g\nMetodesnitazene 0.005 g 0.25 g\nMetonitazene 0.005 g 0.25 g\nPhencyclidine 2.00 g 40.00 g\nProtonitazene 0.005 g 0.25 g\nSufentanil 0.005 g 0.25 g\n\nMisuse of Drugs Act 1990 85\nsection 3\nCOLUMN 1\nSubstance or thing\nCOLUMN 2\nTraffickable\nCOLUMN 3\nCommercial\nAcetorphine 2.00 g 100.00 g\nAcetyldihydrocodeine, except when\nmedicaments: 2.00 g 100.00 g\nacetyldihyd-rocodeine per dosage\nunit; or\n2.5% of acetyldihydrocodeine\nAcetylmethadol 2.00 g 100.00 g\nAcetylmorphines 2.00 g 100.00 g\nAdamantoylindoles 50.0 g 500.00 g\nAdamantylamidoindazoles 50.0 g 500.00 g\nAdamantylamidoindoles 50.0 g 500.00 g\nAlkoxyamphetamines and substituted\nalkoxyamphetamines except if separately\nspecified in this Schedule\nAlkoxyphenethylamines and substituted\nalkoxyphenylethylamines except if\nseparately specified in this Schedule\nAlkythioamphetamines 0.50 g 25.00 g\nAllylprodine 2.00 g 100.00 g\nAlphacetylmethadol 10.00 g 500.00 g\nAlphameprodine 0.20 g 10.00 g\nAlphamethadol 0.20 g 10.00 g\nAlpha-methyltryptamine 2.00 g 100.00 g\nAlphaprodine 25.00 g 1.25 kg\n\nMisuse of Drugs Act 1990 86\n2-Amino-1-(2,5-dimethoxy-4-methyl)\nphenylpropane (STP, DOM) 0.50 g 10.00 g\nN-(1-Amino-3,3-dimethyl-1-oxobutan-2-\nyl)-1-(4-fluorobenzyl)-1H-indazole-3-\ncarboxamide (ADB-FUBINACA)\nN-(1-amino-3,3-dimethyl-1-oxobutan-2-\nyl)-1-(5-fluoropentyl)-1H-indazole-3-\ncarboxamide (5-FLUORO-ADB-PINACA)\n50.00 g 50.00 g\nN-(1-amino-3,3-dimethyl-1-oxobutan-2-\nyl)-1-pentyl-1H-indazole-3-carboxamide\n(ADB-PINACA)\n(S)-N-(1-amino-3-methyl-1-oxobutan-2-\nyl)-1- (5-fluoropentyl)-1H-indazole-3-\ncarboxamide (5-FLUORO-AB-PINACA)\n(S)-N-(1-amino-3-methyl-1-oxobutan-2-\nyl)-1-pentyl-1H-indazole-3-carboxamide\n(AB-PINACA)\nN-[(1S)-1-(aminocarbonyl)-2-\nmethylpropyl]-1-[(4-fluorophenyl)methyl]-\n1H-indazole-3-carboxamide (AB-\nFUBINACA)\n5-(2-Aminopropyl)Benzofuran (5-APB) 2.00 g 100.00 g\n6-(2-Aminopropyl)Benzofuran (6-APB) 2.00 g 100.00 g\n5-(2-Aminopropyl)-2,3-dihydrobenzofuran\n(5-ADPB)\n6-(2-Aminopropyl)-2,3-dihydrobenzofuran\n(6-ADPB)\nAmylobarbitone 20.00 g 1.00 kg\nAnileridine 25.00 g 1.25 kg\nBenzethidine 10.00 g 500.00 g\nBenzoylindoles 50.0 g 500.00 g\nBenzylmorphine 5.00 g 250.00 g\nBenzylpiperazine 2.00 g 100.00 g\nBetacetylmethadol 5.00 g 250.00 g\nBetameprodine 5.00 g 250.00 g\nBetamethadol 5.00 g 250.00 g\nBetaprodine 5.00 g 250.00 g\nBezitramide 5.00 g 250.00 g\n\nMisuse of Drugs Act 1990 87\nBromo-dimethoxyamphetamine 0.05 g 2.50 g\nBromo-dimethoxyphenethylamine 0.50 g 25.00 g\n2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2-\nmethoxyphenyl)methyl]ethanamine (25B-\nBromo-methoxyamphetamine 0.50 g 25.00 g\nBufotenine 2.00 g 100.00 g\nButobarbitone 20.00 g 1.00 kg\nButorphanol 2.00 g 100.00 g\nCannabis oil 1.00 g 25.00 g\nCannabis plant not less than\n5 nor more than\n19 plants\n20 plants\nCannabis plant material (being any part\nof the Cannabis plant, including the\nflowering or fruiting tops, leaves, stalks\nand seeds) other than permissible\nCannabis seeds\nCannabis resin 10.00 g 100.00 g\nCannabis seed, other than permissible\nCannabis seeds\n10.00 g 100.00 g\nCathinone 2.00 g 100.00 g\n2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-\nmethoxyphenyl)methyl]ethanamine (25C-\nCoca Leaf 250.00 g 5.00 kg\nCodeine except when compounded with\none or more other medicaments:\n30 mg or less of codeine per\ndosage unit; or\n(b) in undivided preparations\ncontaining 1% or less of codeine\n10.00 g 500.00 g\nCodeine-N-oxide 10.00 g 500.00 g\nCodoxime 10.00 g 500.00 g\n\nMisuse of Drugs Act 1990 88\nConcentrate of Poppy Straw (the material\narising when poppy straw has entered\ninto a process for concentration of its\nalkaloids) 250.00 g 5.00 kg\nCUMYL-PeGACLONE (SGT-151) 50.00 g 500.00 g\n4-Cyano-2-dimethylamino-4,\n4-diphenylbutane (Methadone\nintermediate) 2.00 g 100.00 g\n4-Cyano-1-methyl-4-phenylpiperidine\n(Pethidine intermediate A) 10.00 g 500.00 g\nCyclobarbitone 20.00 g 1.00 kg\n1-Cyclohexylethyl-3-(2-\nmethoxyphenylacetyl)indole (RCS-8) 50.00 g 500.00 g\nCyclohexylphenols 50.0 g 500.00 g\nCyclopropanoylindoles 50.0 g 500.00 g\nDesomorphine 2.00 g 100.00 g\nDextromoramide 2.00 g 100.00 g\nDextropropoxyphene, except when:\n135 mg or less of\ndextropropoxyphene per dosage\nunit; or\n(b) in liquid preparations containing\n2.5% or less of\ndextropropoxyphene\n27.00 g 1.35 kg\nDiampromide 5.00 g 250.00 g\n3,4-dichloro-N-[[1-\n(dimethylamino)cyclohexyl]methyl]\nbenzamide (AH-7921)\nDiethylthiambutene 5.00 g 250.00 g\nN,N-Diethyltryptamine (DET) 2.00 g 100.00 g\nDifenoxin, except in preparations\ncontaining, per dosage unit. 0.5 mg or\nless of difenoxin and a quantity of\natropine sulphate equivalent to at least\n5% of the dose of difenoxin 2.00 g 100.00 g\n\nMisuse of Drugs Act 1990 89\nDihydrocodeine, except when\nmedicaments:\ndihydrocodeine per dosage unit; or\n2.5% of dihydrocodeine\n10.00 g 500.00 g\nDihydromorphine 10.00 g 500.00 g\nDimenoxadol 10.00 g 500.00 g\nDimepheptanol 10.00 g 500.00 g\nDimethoxyamphetamine 0.50 g 25.00 g\nDimethoxyethoxyamphetamine 0.50 g 25.00 g\nDimethoxyethylamphetamine 0.50 g 25.00 g\nDimethoxymethamphetamine 0.50 g 25.00 g\nDimethoxymethylenedioxyamphetamine 0.50 g 25.00 g\nDimethoxyphenethylamine 0.50 g 25.00 g\n2-(2,5-dimethoxyphenyl)-N-\n(2-methoxybenzyl)ethanamine\n(25H–NBOMe)\nDimethyamylamine (DMAA) 2.00 g 100.00 g\n3-(2-Dimethylaminoethyl)-4-\nhydroxyindole (Psilocine, Psilotsin) 0.10 g 5.00 g\n3-(1,2-Dimethylheptyl)-1-hydroxy-\n7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-\ndibenzo (b,d)pyran (DMHP) 2.00 g 100.00 g\nDimethylthiambutene 20.00 g 1.00 kg\nN,N,-Dimethyltryptamine (DMT) 2.00 g 100.00 g\nDioxaphetyl Butyrate 2.00 g 100.00 g\nDiphenoxylate, except in preparations\ncontaining, per dosage unit, 2.5 mg or\nless of diphenoxylate and a quantity of\natropine sulphate equivalent to at least\n1% of the dose of diphenoxylate 2.00 g 100.00 g\nDipipanone 10.00 g 500.00 g\nDrotebanol 2.00 g 100.00 g\n\nMisuse of Drugs Act 1990 90\nEcgonine 10.00 g 1.00 kg\nEthylamphetamine 2.00 g 100.00 g\n4,5-Ethylenedioxy-3-\nmethoxyamphetamine 0.50 g 25.00 g\nEthylmethylthiambutene 10.00 g 500.00 g\nEthylmorphine, except when\nmedicaments:\nethylmorphine per dosage unit; or\n2.5% of ethylmorphine\nEticyclidine (PCE) 2.00 g 100.00 g\nEtorphine 5.00 g 250.00 g\nEtoxeridine 5.00 g 250.00 g\nFenetylline 2.00 g 100.00 g\n5-fluoro-AB-P7AICA 50.00 g 500.00 g\n5-fluoro CUMYL-P7AICA 50.00 g 500.00 g\nFluorofentanyl 0.005 g 0.25 g\nFluoromethcathinone 2.00 g 100.00 g\n(1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-\ntetramethylcyclopropyl) methanone\n(XLR11) 50.0 g 500.00 g\n1-(5-fluoropentyl)-N-(1-methyl-1-\nphenylethyl)-1H-indazole-3-carboxamide\n(5-FLUORO-CUMYL-PINACA) 50.00 g 500.00 g\n1-(5-Fluoropentyl)-3-(2-\niodobenzoyl)indole (AM-694) 50.00 g 500.00 g\n1-(5-Fluoropentyl)-3-(1-naphthoyl)indole\n(AM-2201) 50.00 g 500.00 g\nFurethidine 1.00 g 50.00 g\nHarmaline 2.00 g 100.00 g\nHarmine 2.00 g 100.00 g\n\nMisuse of Drugs Act 1990 91\n3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-\n6,6,9-trimethyl-6H-dibenzo(b,d)pyran\n(Parahexyl) 2.00 g 100.00 g\n1-Hexyl-3-(1-naphthoyl)indole (JWH-019)\nHydrocodone 2.00 g 100.00 g\nHydromorphinol 2.00 g 100.00 g\nHydromorphone 2.00 g 100.00 g\n2-[(1R,3S)-3-Hydroxycyclohexyl]-5-(2-\nmethylnonan-2-yl)phenol\n(Cannabicyclohexanol or CP 47,497 C8\nhomologue) 50.00 g 500.00 g\n2-[(1R,3S)-3-Hydroxycyclohexyl]-5-(2-\nmethyloctan-2-yl)phenol (CP 47,497) 50.00 g 500.00 g\nHydroxyfentanyl 0.005 g 0.25 g\n9-(Hydroxymethyl)-6,6-dimethyl-3-(2-\nmethyloctan-2-yl)-6A,7,10,10A-\ntetrahydrobenzo[c]chromen-1-ol\n(HU-210) 50.00 g 500.00 g\nHydroxymethylfentanyl 0.005 g 0.25 g\nHydroxypethidine 5.00 g 250.00 g\n4-Hydroxybutanoic acid 2.00 g 100.00 g\n2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-\nmethoxyphenyl)methyl]ethanamine (25I-\nIsomethadone 2.00 g 100.00 g\nKetobemidone 2.00 g 100.00 g\nKhat leaf 250.00 g 5.00 kg\nLevomethorphan 2.00 g 100.00 g\nLevomoramide 2.00 g 100.00 g\nLevophenacylmorphan 2.00 g 100.00 g\nLevorphanol 1.00 g 50.00 g\n\nMisuse of Drugs Act 1990 92\nMecloqualone 60.00 g 3.00 kg\nMetazocine 7.00 g 350.00 g\nMethadone 2.00 g 100.00 g\nMethanandamide 50.00 g 500.00 g\nMethaqualone 50.00 g 2.50 kg\nMethcathinone 2.00 g 100.00 g\n5-methoxy-N,N-diallyltryptamine 2.00 g 100.00 g\n5-methoxy- α -methyltryptamine (5-MeO-\nAMT)\nMethoxyethylenedioxyphenylethylamine 0.50 g 25.00 g\nMethoxymethylenedioxyphenethylamine 0.50 g 25.00 g\n4-Methoxyphenyl(1butyl-1h-indol-3-yl)-\nmethanone (RCS-4 (C4)) 50.00 g 500.00 g\n2-(4-Methoxyphenyl)-1-(1-pentyl-1h-\nindol-3-yl)-ethanone (JWH-201) 50.0 g 500.00 g\n2-(2-Methoxyphenyl)-1-(1-pentylindol-3-\nyl)ethanone (JWH-250) 50.00 g 500.00 g\n2-(3-Methoxyphenyl)-1-(1-pentylindol-3-\nyl)ethanone (JWH-302) 50.0 g 500.00 g\nMethoxyphenylethylamine 0.50 g 25.00 g\nα-methylamino-valerophenone\n(pentedrone)\nMethylenedioxymethcathinone\n(methylone)\nMethylenedioxypyrovalerone (MDPV) 2.00 g 100.00 g\n2-Methyl-3-morpholino-1,1-\ndiphenylpropane Carboxylic Acid\n(Moramide intermediate) 8.00 g 400.00 g\n1-Methyl-4-phenylpiperidine-4-carboxylic\nacid (Pethidine intermediate C) 10.00 g 500.00 g\n1-Methyl-4-phenyl-4-\npropionoxypiperidine (MPPP) 2.00 g 100.00 g\nMethyldesorphine 2.00 g 100.00 g\nMethyldihydromorphine 2.00 g 100.00 g\nMethylfentanyl 0.005 g 0.25 g\nMethylmethcathinone 2.00 g 100.00 g\nMethylphenidate 2.00 g 100.00 g\n\nMisuse of Drugs Act 1990 93\nMethylthiofentanyl 0.005 g 0.25 g\nMetopon 2.00 g 100.00 g\nMorpheridine 2.00 g 100.00 g\nMorphine 2.00 g 100.00 g\nMorphine Methobromide 2.00 g 100.00 g\nMorphine-N-oxide 2.00 g 100.00 g\n(1-(2-Morpholin-4-ylethyl)indol-3-yl)-\nnaphthalen-1-ylmethanone (JWH-200) 50.00 g 500.00 g\nMuscimol 2.00 g 100.00 g\nMyrophine 20.00 g 1.00 kg\nN-adamantyl-1-fluoropentylindole-3-\nCarboxamide (STS-135) 50.0 g 500.00 g\nN-(1-adamantyl)-1-pentyl-1H-indazole-3-\ncarboxamide (AKB48) 50.0 g 500.00 g\n1-[(N-methylpiperidin-2-yl)methyl]-3-\n(adamant-1-oyl) indole (AM-1248) 50.0 g 500.00 g\nNabilone 0.40 g 20.00 g\nNaphthalen-1-yl-(1-butylindol-3-\nyl)methanone\n(JWH-073) 50.00 g 500.00 g\nNaphthalen-1-yl 1-(5-fluoropentyl)-1H-\nindole-3-carboxylate (NM2201) 50.00 g 500.00 g\nN-1-naphthalenyl-1-pentyl-1H-indole-3-\ncarboxamide (NNEI)\nNaphthoylindoles 50.0 g 500.00 g\nNaphthoylpyrroles 50.0 g 500.00 g\nNaphthylmethylindenes 50.0 g 500.00 g\nNaphthylmethylindoles 50.0 g 500.00 g\nNicocodine, except when compounded\nin divided preparations containing not\nmore than 100 mg of nicocodine per\ndosage unit; or\nin undivided preparations with a\nconcentration of not more than 2.5% of\nnicocodine\n\nMisuse of Drugs Act 1990 94\nNicodicodine, except when compounded\nnicodicodine per dosage unit; or\n2.5% of nicodicodine\nNicomorphine 2.00 g 100.00 g\nNoracylmethadol 2.00 g 100.00 g\nNorcodeine, except when compounded\nnorcodeine per dosage unit; or\n2.5% of norcodeine\nNorlevorphanol 2.00 g 100.00 g\nNormethadone 5.00 g 250.00 g\nNormorphine 20.00 g 1.00 kg\nNorpipanone 10.00 g 500.00 g\nOpium in any form, except the alkaloids\nnoscapine and papaverine 20.00 g 100.00 g\nOxycodone 5.00 g 250.00 g\nOxymorphone 2.00 g 100.00 g\nParahexyl – –\nPentazocine 20.00 g 1.00 kg\nPentobarbitone 20.00 g 1.00 kg\n1-Pentyl-3-(4-chloro-1-naphthoyl)indole\n(JWH-398) 50.00 g 500.00 g\n1-Pentyl-3-(2-chlorophenylacetyl)indole\n(JWH-203) 50.0 g 500.00 g\n1-Pentyl-3-(4-ethyl-1-naphthoyl)indole\n(JWH-210) 50.0 g 500.00 g\n\nMisuse of Drugs Act 1990 95\n1-Pentyl-1h-indol-3-yl-(1-\nnaphthoyl)menthane\n(JWH-175) 50.00 g 500.00 g\n1-Pentyl-3-[(4-methoxy)-benzoyl]indole\n(RCS-4) 50.00 g 500.00 g\n1-Pentyl-3-(4-methoxynaphthoyl)indole\n(JWH-081) 50.00 g 500.00 g\n1-Pentyl-3-(4-methyl-1-naphthoyl)indole\n(JWH-122) 50.00 g 500.00 g\n1-Pentyl-3-(1-naphthoyl)indole (JWH-\n018) 50.00 g 500.00 g\n(1-pentylindol-3-yl)-(2,2,3,3-\ntetramethylcyclopropyl)methanone\n(UR144) 50.0 g 500.00 g\nPethidine 10.00 g 500.00 g\nPhenadoxone 10.00 g 500.00 g\nPhenampromide 10.00 g 500.00 g\nPhenazocine 1.00 g 50.00 g\nPhendimetrazine 5.00 g 250.00 g\nPhenmetrazine 5.00 g 250.00 g\nPhenomorphan 5.00 g 250.00 g\nPhenoperidine 1.00 g 50.00 g\nPhenylacetylindoles 50.0 g 500.00 g\n1-Phenylethyl-4-phenyl-4-\nacetoxypiperidine (PEPAP) 2.00 g 100.00 g\n4-Phenylpiperidine-4-carboxylic Acid\nEthyl Ester (Pethidine intermediate B) 10.00 g 500.00 g\nPholcodine, except when compounded\npholcodine per dosage unit; or\n2.5% of pholcodine\n5.00 g 250.00 g\nPiminodine 10.00 g 500.00 g\nPiritramide 1.00 g 50.00 g\nPravadoline (WIN 48098) 50.00 g 500.00 g\n\nMisuse of Drugs Act 1990 96\nProheptazine 1.00 g 50.00 g\nProhibited plant, other than elsewhere\ndescribed in this Schedule\n5 nor more than\n19 plants\n20 plants\nProperidine 25.00 g 1.25 kg\nPropiram 10.00 g 500.00 g\n1-Propyl-2-methyl-3-(1-naphthoyl)indole\n(JWH-015) 50.0 g 500.00 g\nPsilocybin and its derivatives 0.10 g 5.00 g\nPyrrolidinobutiophenone 2.00 g 100.00 g\nPyrrolidinopentiophenone 2.00 g 100.00 g\nPyrrolidinopropiophenone 2.00 g 100.00 g\nQuinalbarbitone 20.00 g 1.00 kg\nRacemethorphan 2.00 g 100.00 g\nRacemoramide 2.00 g 100.00 g\nRacemorphan 2.00 g 100.00 g\nRolicyclidine (PHP, PCPY) 2.00 g 100.00 g\nSalvia Divinorum, including extracts and\nother substances structurally derived\nfrom Salvia Divinorum 7.50 g 375.00 g\nSecbutobarbitone 20.00 g 1.00 kg\nTenocyclidine (TCP) 2.00 g 100.00 g\nTetrahydrocannabinols and their alkyl\nhomologues except:\n(a) if separately specified in this\nSchedule; or\n(b) in hemp seed oil:\n(i) containing more than 10 and\nnot more than 50 mg/kg or\nless of\ntetrahydrocannabinols, when\nlabelled \"Not for internal use\"\nor \"Not to be taken\"; or\n\nMisuse of Drugs Act 1990 97\n(ii) containing not more than\n10 mg/kg of\n(c) in products for purposes other\nthan internal human use\ncontaining 50 mg/kg or less of\n(d) in products made from permissible\nCannabis seeds and intended for\nhuman consumption as a food that\ncontain not more than 5 mg/kg of\n(e) in products made from permissible\nCannabis seeds and intended for\nhuman consumption as a\nbeverage that contain not more\nthan 2 mg/kg of\ntetrahydrocannabinols.\nTetramethoxyamphetamine 0.50 g 25.00 g\nThebacon 2.00 g 100.00 g\nThebaine 2.00 g 100.00 g\nThiofentanyl 0.005 g 0.25 g\nTilidine 20.00 g 1.00 kg\nTrifluoromethylphenylpiperazine and\nother piperazine derivatives 2.00 g 100.00 g\nTrimeperidine 10.00 g 500.00 g\nTrimethoxyamphetamine 0.50 g 25.00 g\nTrimethoxyphenethylamine (mescaline)\nand other substances structurally derived\nfrom methoxy-phenylethylamine, except:\n(a) methoxyphenamine; or\n(b) where separately specified in this\nSchedule\n7.50 g 375.00 g\nTrimethoxyphenyl-aminobutane 0.50 g 25.00 g\n\nMisuse of Drugs Act 1990 98\nAnabolic Steroids:\nDanazol\nDromostanolone propionate\nEthylestrenol\nFluoxymesterone\nMethandriol\nMethyltestosterone\nNandrolone decanoate\nNandrolone phenpropionate\nOxandrolone\nOxymetholone\nStanozolol\nTestolactone\nTestosterone\nTestosterone cypionate\nTestosterone enanthate\n10.00 g\n10.00 g\n48.00 g\n6.00 g\n8.00 g\n300.00 g\n7.20 g\n1.20 kg\n2.40 g\n500.00 g\n500.00 g\n2.40 kg\n300.00 g\n400.00 g\n15.00 kg\n360.00 g\n6.00 kg\n120.00 g\nTestosterone propionate except anabolic\nsteroids in products packaged for\novulation control or in quantities which\ncan lawfully be prescribed as a\n","sortOrder":121},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"substance under the","content":"Schedule 4 substance under the\nMedicines, Poisons and Therapeutic\nGoods Act 2012\n12.00 g 600.00 g\n\nMisuse of Drugs Act 1990 99\nsection 20(1), definition infringement notice offence, paragraph (b)\nDangerous Drug Quantity\nCannabis oil 1.00g\nCannabis plant material (being any part of the Cannabis\nplant, including the flowering or fruiting tops, leaves, stalks\nand seeds) other than permissible Cannabis seeds\n50.00g\nCannabis resin 10.00g\nCannabis seed, other than permissible Cannabis seeds 10.00g\n\nMisuse of Drugs Act 1990 100\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nMisuse of Drugs Act 1990 (Act No. 15, 1990)\nAssent date 12 April 1990\nCommenced 1 November 1990 (Gaz G40, 10 October 1990, p 3)\nStatute Law Revision Act 1990 (Act No. 33, 1990)\nAssent date 11 June 1990\nCommenced 11 June 1990\nMisuse of Drugs Amendment Act 1992 (Act No. 11, 1992)\nAssent date 21 April 1992\nCommenced 10 June 1992 (Gaz G23, 10 June 1992, p 3)\nMisuse of Drugs Amendment Act 1992 (Act No. 44, 1992)\nAssent date 7 September 1992\nCommenced 20 May 1992 (s 2)\nStatute Law Revision Act 1993 (Act No. 6, 1993)\nAssent date 18 March 1993\nCommenced 18 March 1993\nMisuse of Drugs Amendment Act 1994 (Act No. 56, 1994)\nAssent date 22 September 1994\nCommenced 7 November 1994 (Gaz G44, 2 November 1994, p 3)\nAmendment of Misuse of Drugs Regulations (SL No. 15, 1995)\nNotified 10 May 1995\nCommenced 10 May 1995\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 23 June 1995\nCommenced 23 June 1995\n\nMisuse of Drugs Act 1990 101\nMisuse of Drugs Amendment Act 1996 (Act No. 4, 1996)\nAssent date 20 March 1996\nCommenced 1 July 1996 (Gaz S15, 13 June 1996)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nStatute Law Revision Act 1996 (Act No. 42, 1996)\nAssent date 17 September 1996\nCommenced 17 September 1996\nStatute Law Revision Act 1997 (Act No. 17, 1997)\nAssent date 11 April 1997\nCommenced 1 May 1997 (Gaz G17, 30 April 1997, p 2)\nMisuse of Drugs Amendment Act 1999 (Act No. 21, 1999)\nAssent date 5 May 1999\nCommenced 5 May 1999\nSentencing of Juveniles (Miscellaneous Provisions) Act 2000 (Act No. 17, 2000)\nAssent date 30 May 2000\nCommenced 1 June 2000 (s 2)\nMisuse of Drugs Amendment Act 2000 (Act No. 74, 2000)\nAssent date 14 December 2000\nCommenced 14 December 2000\nMisuse of Drugs Amendment Act 2002 (Act No. 32, 2002)\nAssent date 16 July 2002\nCommenced 1 August 2002 (Gaz G30, 31 July 2002, p 4)\nCriminal Property Forfeiture (Consequential Amendments) Act 2002 (Act No. 35, 2002)\nAssent date 16 July 2002\nCommenced 1 June 2003 (s 2, s 2 Criminal Property Forfeiture Act 2002\n(Act No. 34, 2002) and Gaz G21, 28 May 2003, p 2)\nStatute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)\nAssent date 7 November 2002\nCommenced 7 November 2002\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 1 July 2004 (s 2(2), s 2 Business Tenancies (Fair Dealings)\nAct 2003 (Act No. 55, 2003) and Gaz G9, 3 March 2004, p 5)\nMisuse of Drugs Amendment Regulations (SL No. 35, 2004)\nNotified 24 November 2004\nCommenced 24 November 2004\nMisuse of Drugs Amendment Act 2005 (Act No. 24, 2005)\nAssent date 6 May 2005\nCommenced 9 February 2006 (Gaz S2, 9 February 2006)\n\nMisuse of Drugs Act 1990 102\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nMisuse of Drugs Amendment Act 2008 (Act No. 20, 2008)\nAssent date 24 June 2008\nCommenced 23 July 2008 (Gaz G29, 23 July 2008, p 6)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 8 June 2011)\nMisuse of Drugs Amendment (Synthetic Cannabinoids) Regulations 2011 (SL No. 33,\n2011)\nNotified 12 August 2011\nCommenced 12 August 2011\nMisuse of Drugs Amendment (Synthetic Cannabinoids) Regulations (No. 2) 2011 (SL\nNo. 42, 2011)\nNotified 31 August 2011\nCommenced 31 August 2011\nCaravan Parks Act 2012 (Act No. 1, 2012)\nAssent date 21 March 2012\nCommenced ss 21 and 22: 21 March 2012; rem: 1 May 2012 (s 2)\nMedicines, Poisons and Therapeutic Goods Act 2012 (Act No. 13, 2012)\nAssent date 27 April 2012\nCommenced 1 May 2014 (Gaz S22, 2014, p 12)\nMisuse of Drugs (Act Amendment) Regulations 2013 (SL No. 29, 2013)\nNotified 1 August 2013\nCommenced 1 August 2013\nMisuse of Drugs Amendment (Methamphetamine) Act 2013 (Act No. 25, 2013)\nAssent date 29 October 2013\nCommenced 11 November 2013 (Gaz S55, 11 November 2013)\nMisuse of Drugs Amendment Act 2014 (Act No. 7, 2014)\nAssent date 20 March 2014\nCommenced 9 April 2014 (Gaz G14, 9 April 2014, p 2)\n\nMisuse of Drugs Act 1990 103\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nMisuse of Drugs Amendment Act 2015 (Act No. 31, 2015)\nAssent date 8 December 2015\nCommenced 17 December 2015 (Gaz S115, 17 December 2015)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nMisuse of Drugs (Act Amendment) Regulations 2016 (SL No. 23, 2016)\nNotified 20 May 2016\nCommenced 20 May 2016\nJustice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016)\nAssent date 8 June 2016\nCommenced s 17 (to ext ins new s 15): 10 October 2016;\nrem: 18 July 2016 (Gaz S67, 18 July 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nMisuse of Drugs Amendment Act 2017 (Act No. 22, 2017)\nAssent date 30 November 2017\nCommenced 1 December 2017 (s 2)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\nHemp Act 2019 (Act No. 25, 2019)\nAssent date 2 September 2019\nCommenced 6 May 2020 (Gaz G18, 6 May 2020, p 2)\nMisuse of Drugs (Act Amendment) Regulations 2020 (SL No. 9, 2020)\nNotified 13 May 2020\nCommenced 13 May 2020\n\nMisuse of Drugs Act 1990 104\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\nSentencing and Other Legislation Amendment Act 2022 (Act No. 28, 2022)\nAssent date 9 December 2022\nCommenced 25 March 2024 (Gaz S19, 22 March 2024)\nAmending Legislation\nJustice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act\nNo. 33, 2023)\nAssent date 6 December 2023\nCommenced 25 March 2024 (Gaz S18, 22 March 2024)\nAttorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)\nAssent date 6 June 2025\nCommenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 28 Misuse of Drugs Amendment Act 2002 (Act No. 32, 2002)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 11A, 11E, 11F, 11G,\n11J, 11N, 11P, 11U, 11W, 19K, 19U, 19Y, 20B, 23, 28, 33, 34, 35, 35A and\n37 and sch 2.\n5 LIST OF AMENDMENTS\npt I hdg amd No. 17, 2016, s 38\ns 3 amd No. 11, 1992, s 4; No. 17, 1997, s 17; No. 17, 2000, s 6; No. 32, 2002,\ns 4; No. 44, 2005, ss 22 and 23; No. 24, 2005, s 3; No. 20, 2008, s 4; No. 18,\n2010, s 89; No. 7, 2011, s 140; No. 13, 2012, s 296; No. 31, 2015, s 4; No. 9,\n2016, s 120; No. 17, 2016, s 4; No. 22, 2017, s 4; No. 28, 2018, s 25\ns 4A ins No. 21, 1999, s 3\namd No. 22, 2017, s 5\nsub No. 25, 2019, s 48\ns 4B ins No. 20, 2008, s 5\nsub No. 17, 2016, s 5\ns 4C sub No. 17, 2016, s 5\ndiv 1 hdg amd No. 17, 2016, s 38\nsdiv 1 hdg ins No. 17, 2016, s 6\ns 5 amd No. 11, 1992, s 5; No. 44, 1992, s 3; No. 17, 1996, s 6; No. 20, 2008,\ns 6; No. 12, 2010, s 3; No. 7, 2014, s 4; No. 9, 2016, s 121\nss 5A – 5E ins No. 17, 2016, s 6\n\nMisuse of Drugs Act 1990 105\nsdiv 2 hdg ins No. 17, 2016, s 6\ns 6 amd No. 12, 2010, s 3; No. 9, 2016, s 122\nss 6A – 6G ins No. 17, 2016, s 6\nsdiv 3 hdg ins No. 17, 2016, s 6\ns 7 sub No. 11, 1992, s 6\namd No. 17, 1996, s 6; No. 12, 2010, s 3; No. 9, 2016, s 123\nss 7A – 7C ins No. 17, 2016, s 6\nsdiv 4 hdg ins No. 17, 2016, s 6\ns 8 sub No. 11, 1992, s 6\namd No. 17, 1996, s 6; No. 12, 2010, s 3; No. 9, 2016, s 124\ns 8A ins No. 32, 2002, s 5\namd No. 12, 2010, s 3; No. 17, 2016, s 7\ns 8B ins No. 32, 2002, s 5\namd No. 12, 2010, s 3; No. 17, 2016, s 8\ns 8C ins No. 32, 2002, s 5\namd No. 59, 2002, s 4; No. 12, 2010, s 3; No. 17, 2016, s 9\ns 8D ins No. 32, 2002, s 5\nsdiv 5 hdg ins No. 17, 2016, s 10\ns 9 sub No. 11, 1992, s 6\namd No. 17, 1996, s 6; No. 12, 2010, s 3; No. 9, 2016, s 125\nsub No. 17, 2016, s 10\ns 10 amd No. 17, 1996, s 6; No. 9, 2016, s 132\ns 11 sub No. 11, 1992, s 7\namd No. 17, 1996, s 6; No. 12, 2010, s 3; No. 9, 2016, s 126\ndiv 1A hdg ins No. 32, 2002, s 6\nsdiv 1 hdg ins No. 32, 2002, s 6\ns 11A ins No. 32, 2002, s 6\namd No. 18, 2004, s 3; No. 1, 2012, s 194; No. 29, 2019, s 386\ns 11B ins No. 32, 2002, s 6\ns 11C ins No. 32, 2002, s 6\ns 11D ins No. 32, 2002, s 6\nsdiv 2 hdg ins No. 32, 2002, s 6\ns 11E ins No. 32, 2002, s 6\namd No. 17, 2016, s 38; No. 29, 2019, s 387\ns 11F ins No. 32, 2002, s 6\namd No. 17, 2016, s 38; No. 29, 2019, s 388\n\nMisuse of Drugs Act 1990 106\ns 11G ins No. 32, 2002, s 6\namd No. 17, 2016, s 38; No. 29, 2019, s 389\nsdiv 3 hdg ins No. 32, 2002, s 6\ns 11H ins No. 32, 2002, s 6\ns 11J ins No. 32, 2002, s 6\nss 11K – 11M ins No. 32, 2002, s 6\ns 11N ins No. 32, 2002, s 6\namd No. 18, 2004, s 3; No. 17, 2016, s 38\ns 11P ins No. 32, 2002, s 6\ns 11Q ins No. 32, 2002, s 6\namd No. 12, 2010, s 3; No. 17, 2016, s 11\nsdiv 4 hdg ins No. 32, 2002, s 6\ns 11R ins No. 32, 2002, s 6\namd No. 31, 2015, s 5; No. 17, 2016, s 38\ns 11S ins No. 32, 2002, s 6\nsub No. 17, 2016, s 12\ns 11SA ins No. 17, 2016, s 12\ns 11T ins No. 32, 2002, s 6\namd No. 12, 2010, s 3; No. 27, 2014, s 57; No. 9, 2016, s 132; No. 17, 2016,\ns 13\ns 11U ins No. 32, 2002, s 6\namd No. 18, 2004, s 3\ns 11V ins No. 32, 2002, s 6\namd No. 17, 2016, s 14\ns 11W ins No. 32, 2002, s 6\namd No. 29, 2019, s 390\nss 11X – 11Y ins No. 17, 2016, s 15\ns 12 amd No. 12, 2010, s 3; No. 13, 2012, s 297; No. 17, 2016, s 16\nss 13 – 14 amd No. 12, 2010, s 3\nsub No. 17, 2016, s 17\ns 15 amd No. 44, 2005, s 23; No. 12, 2010, s 3; No. 13, 2012, s 298\nsub No. 17, 2016, s 17\ns 16 amd No. 44, 2005, s 23; No. 12, 2010, s 3; No. 13, 2012, s 299\nrep No. 17, 2016, s 17\ns 17 amd No. 32, 2002, s 7; No. 44, 2005, s 23; No. 12, 2010, s 3; No. 13, 2012,\ns 300\nrep No. 17, 2016, s 17\ns 18 rep No. 24, 2005, s 5\ns 19 amd No. 17, 1996, s 6\npt IIA hdg ins No. 56, 1994, s 5\ndiv 1 hdg ins No. 56, 1994, s 5\ns 19A ins No. 56, 1994, s 5\namd No. 42, 1996, s 5; No. 9, 2016, s 127\ns 19B ins No. 56, 1994, s 5\nsub No. 32, 2002, s 8\ns 19C ins No. 56, 1994, s 5\nsub No. 32, 2002, s 8\ns 19D ins No. 56, 1994, s 5\nrep No. 32, 2002, s 8\n\nMisuse of Drugs Act 1990 107\nss 19E – 19F ins No. 56, 1994, s 5\ns 19G ins No. 56, 1994, s 5\namd No. 32, 2002, s 9; No. 9, 2016, s 132\nss 19H – 19J ins No. 56, 1994, s 5\ns 19K ins No. 56, 1994, s 5\namd No. 32, 2002, s 10; No. 38, 2014, s 2; No. 9, 2016, s 132\ns 19M ins No. 56, 1994, s 5\namd No. 32, 2002, s 11; No. 9, 2016, s 132\ns 19N ins No. 56, 1994, s 5\namd No. 32, 2002, s 12\ns 19P ins No. 56, 1994, s 5\nsub No. 32, 2002, s 13\nss 19PA –\n19PB ins No. 32, 2002, s 13\ndiv 2 hdg ins No. 56, 1994, s 5\ns 19Q ins No. 56, 1994, s 5\namd No. 32, 2002, s 14\ndiv 3 hdg ins No. 56, 1994, s 5\ns 19R ins No. 56, 1994, s 5\namd No. 32, 2002, s 15; No. 9, 2016, s 132\ns 19S ins No. 56, 1994, s 5\namd No. 32, 2002, s 16; No. 9, 2016, s 132; No. 17, 2016, s 38\ns 19T ins No. 56, 1994, s 5\namd No. 32, 2002, s 17; No. 17, 2016, s 38\ns 19TA ins No. 32, 2002, s 18\npt IIAB hdg ins No. 31, 2015, s 6\nss 19U – 19X ins No. 31, 2015, s 6\ns 19Y ins No. 31, 2015, s 6\namd No. 17, 2016, s 18\nss 19Z – 19ZA ins No. 31, 2015, s 6\npt IIB hdg ins No. 4, 1996, s 3\nss 20A – 20C ins No. 4, 1996, s 3\ns 20D ins No. 4, 1996, s 3\ns 20E ins No. 4, 1996, s 3\nss 20F – 20G ins No. 4, 1996, s 3\nrep No. 17, 2016, s 19\ns 20 amd No. 17, 2016, s 20\ns 21 amd No. 17, 2000, s 6\nrep No. 17, 2016, s 21\ns 22 amd No. 17, 1996, s 6; No. 35, 2002, s 4; No. 12, 2010, s 3; No. 17, 2016,\ns 22\ns 23 amd No. 9, 2016, s 128\ns 24 amd No. 11, 1992, s 8; No. 12, 2010, s 3; No. 9, 2016, s 129; No. 17, 2016,\ns 23\ns 25 amd No. 11, 1992, s 9; No. 17, 2016, s 24\ns 26 amd No. 12, 2010, s 3; No. 9, 2016, s 130; No. 17, 2016, s 25; No. 4, 2017,\ns 34\n\nMisuse of Drugs Act 1990 108\ns 27 amd No. 17, 1996, s 6; No. 9, 2016, s 131\ns 28 amd No. 17, 1996, s 6; No. 21, 1999, s 4; No. 17, 2016, s 26\ns 29 amd No. 17, 2016, s 38\ns 30 rep No. 11, 1992, s 10\ns 31 amd No. 32, 2002, s 19; No. 17, 2016, s 38\ns 32 amd No. 11, 1992, s 11; No. 32, 2002, s 20; No. 12, 2010, s 3; No. 17, 2016,\ns 27\ns 33 amd No. 17, 1997, s 17\nsub No. 32, 2002, s 21\namd No. 13, 2012, s 301\ns 34 amd No. 56, 1994, s 4; No. 14, 1995, s 12; No. 17, 1996, s 6; No. 32, 2002,\ns 22; No. 59, 2002, s 4; No. 12, 2010, s 3; No. 9, 2016, s 132; No. 17, 2016,\ns 28\ns 35 amd No. 32, 2002, s 23\ns 35A ins No. 32, 2002, s 24\namd No. 9, 2016, s 132; No. 17, 2016, s 38\ns 36 amd No. 31, 2015, s 7\ns 36A ins No. 35, 2002, s 4\namd No. 44, 2005, s 28; No. 9, 2016, s 132; No. 17, 2016, s 29\ns 37 amd No. 33, 1990, s 6; No. 6, 1993, s 8; No. 74, 2000, s 2; No. 32, 2002,\ns 25; No. 7, 2014, s 5; No. 27, 2014, s 57; No. 17, 2016, s 30; No. 29, 2019,\ns 391; No. 28, 2022, s 41\ns 38 sub No. 17, 2016, s 31\ns 39 amd No. 17, 1996, s 6\nsub No. 26, 2015, s 80\namd No. 17, 2016, s 32\ns 40 amd No. 17, 1996, s 6; No. 32, 2002, s 26; No. 31, 2015, s 8; No. 17, 2016,\ns 33\ns 41 amd No. 17, 1996, s 6; No. 9, 2016, s 132; No. 17, 2016, s 34\ns 42 amd No. 44, 2005, s 23; No. 13, 2012, s 302\ns 42A ins No. 32, 2002, s 27\ns 43 amd No. 20, 2008, s 7; No. 12, 2010, s 3; No. 7, 2014, s 6; No. 17, 2016,\ns 35; No. 29, 2019, s 392\npt IV hdg ins No. 26, 2015, s 81\ndiv 1 hdg ins No. 26, 2015, s 81\ns 44 ins No. 20, 2008, s 8\ns 45 ins No. 25, 2013, s 4\ns 46 ins No. 7, 2014, s 7\ndiv 2 hdg ins No. 26, 2015, s 82\ns 47 ins No. 26, 2015, s 82\ndiv 3 hdg ins No. 31, 2015, s 9\ns 48 ins No. 31, 2015, s 9\ndiv 4 ins No. 17, 2016, s 36\ns 49 ins No. 17, 2016, s 36\ndiv 5 hdg ins No. 28, 2022, s 42\ns 50 ins No. 28, 2022, s 42\nsch 1 amd No. 25, 2013, s 5; SL No. 23, 2016, r 3; No. 17, 2016, s 38; No. 14,\n2025, s 13\n\nMisuse of Drugs Act 1990 109\nsch 2 amd No. 11, 1992, s 12; SL No. 15, 1995; No. 21, 1999, s 5; No. 74, 2000,\ns 3; SL No. 35, 2004; No. 29, 2010, s 7; SL No. 33, 2011, r 3; SL No. 42,\n2011, r 3; SL No. 29, 2013, r 3; No. 25, 2013, s 6\nsub No. 7, 2014, s 8\namd No. 13, 2012, s 303; SL No. 23, 2016, r 4; No. 17, 2016, s 37; No. 22,\n2017, s 6; SL No. 9, 2020, r 4; No. 26, 2020, s 3; No. 14, 2025, s 14\nsch 3 ins No. 4, 1996, s 4\namd No. 17, 2016, s 38; No. 22, 2017, s 7","sortOrder":122}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented includes a broader enforcement and administrative remit than the basic offence framework in the original 1990 text.  Subsequent insertions and amendments added several new enforcement mechanisms and expanded powers: the drug premises order regime (inserted provisions at ss 11A–11Q; see insertion history: s 11A ins No.32,2002), destruction/sampling and retention procedures (Part IIA; ss 19A–19T; inserted No.56,1994 and later amended), the drug detection area powers (Part IIAB: ss 19U–19Y; inserted No.31,2015), corporate executive liability (s 39; amended/inserted No.26,2015), and infringement notice penalties for small cannabis matters (Part IIB: s 20; ins No.4,1996, later amended).  The Act also incorporates specific exceptions and cross‑statutory treatment for hemp (s 4A) and links to the Medicines, Poisons and Therapeutic Goods Act 2012.  Those additions expand administrative enforcement (searches without warrant in specified contexts (s 11R), short authorisations for area-wide powers (s 19V), and non‑criminal disposal routes (ss 19B, 19P)), increase executive discretion, and broaden the State's capacity to secure, destroy or forfeit material and related assets (ss 19B, 34).  The net effect is an expanded scope from purely criminal prohibition toward a mixed criminal/administrative enforcement model with technical forensic and regulatory detail."},"complexity_factors":["Large number of offence types linked to different quantity thresholds (traffickable vs commercial) and two separate Schedules with numeric cut-offs (s 3; Schedules 1–2).","Multiple special regimes layered on top of criminal offences: drug premises orders (Part II Div 1A), destruction/sampling procedures (Part IIA), drug detection areas (Part IIAB), and infringement notices (Part IIB).","Significant cross-references to other statutes and delegated instruments (Hemp Industry Act 2019 s 4A; Medicines, Poisons and Therapeutic Goods Act 2012; numerous Regulations permitted under s 43).","Multiple forms of liability and burdens: absolute liability for quantity elements in many sections (e.g. s 5(2)), strict liability for some procedural offences (s 11S(3)), and evidential/legal burdens for specific defences (ss 8A(3), 8B(5), 8C(3)).","Wide executive discretion and administrative decision points (Commissioner of Police, senior police officers, Chief Health Officer) that trigger expanded police powers, with statutory guidelines or conditions required in places (ss 11D, 19V, 33).","Detailed procedural safeguards and operational requirements (sampling, notice, retention, analyst certificates) that must be followed to lawfully destroy or rely on seized material (Part IIA: ss 19B–19PA; s 29).","Entrenchment of evidentiary presumptions (analyst certificates conclusive absent contrary evidence — s 29) and presumptions about intent tied to quantities for sentencing (s 37(6)).","Size and specificity of Schedules (many chemical names and numeric thresholds) requiring technical knowledge to apply correctly."],"plain_english_summary":"What this law does (mechanics)\n\n- Sets out what substances and plants are \"dangerous drugs\" (Schedules 1 and 2) and defines quantity thresholds called \"traffickable\" and \"commercial\" quantities (s 3; Schedules 1–2).  It treats chemically related compounds as \"drug analogues\" (s 4B) and treats mixtures as if wholly the named drug for quantity calculations in many cases (s 3(3)–(4)).\n\n- Creates a range of criminal offences for supplying, cultivating, manufacturing and possessing dangerous drugs or prohibited plants, with different maximum penalties tied to the drug schedule and the amount involved (for example s 5, 5A, 6, 6A, 7, 7A, 7B).  The law makes the quantity element an absolute-liability matter in many sections (so the prosecution does not have to prove mens rea about quantity) (see e.g. s 5(2), 6(2), 7(2)).\n\n- Establishes special, higher‑penalty offences in particular circumstances: supply or manufacture in the presence of a child (s 5B–5C, 6C–6D, 6G), supply in an indigenous community (s 5D), and theft or receiving property obtained by drug offences (s 8, 11Y).\n\n- Gives police and courts administrative enforcement tools separate from criminal prosecution:\n  - Drug premises orders: the Commissioner of Police can apply for court orders that enable searches without a warrant, notices to be affixed and other restrictions on premises found to be used for supply (Part II Division 1A: ss 11A–11Q, 11R).  Notices and escalating records of findings are part of the process (ss 11E–11G).  Orders last 12 months unless revoked (s 11M).\n  - Drug detection areas: a senior police officer may authorise short (up to 14 days) special powers for a defined area to stop, detain, perform drug-detection checks (including with trained dogs or approved electronic systems), search vehicles and seize items without a warrant and without reasonable suspicion (Part IIAB: ss 19U–19Y).  Limits on area size and distance from Darwin apply (s 19W).\n  - Infringement notices: for minor cultivation and small-quantity possession of specified cannabis products, police may issue an infringement notice (Part IIB: ss 20–20E; Schedule 3) instead of criminal prosecution.\n\n- Provides procedures for handling, sampling, retention and destruction of seized drugs and related items, including rights to have retained samples analysed and judicial review about retention (Part IIA: ss 19A–19T; ss 19P–19PA).  Analyst certificates are prima facie (and in some respects conclusive) evidence (s 29).\n\n- Enables authorised activities: the Chief Health Officer can authorise possession, manufacture or cultivation for research or study (s 33).  Police may authorise undercover operations where acquisition or supply is done for detection purposes (s 32).\n\n- Provides forfeiture rules for drugs and related assets on conviction and processes for return of seized items if no proceedings are pursued (ss 34–35).\n\nWho this affects (actors and who pays)\n\n- Individuals who possess, supply, cultivate, manufacture, or otherwise deal with substances or plants listed in Schedules 1–2 (numerous offence provisions throughout Part II).  Penalties range from infringement fines and short jail terms to life imprisonment depending on the offence and quantity (see ss 5–7 and Schedules).\n\n- Owners, landlords, tenants and residents of premises: the Commissioner of Police can seek drug premises orders affecting residential, commercial and liquor-licence premises (ss 11D, 11K–11L, 11N–11Q).  Tenants/residents may face eviction procedures enacted by reference to other tenancy laws once orders are in force (s 11U).  Notices must be affixed (s 11Q).\n\n- Businesses and licensees: commercial premises and licensed venues are within the drug premises regime and may be subject to liquor-licence suspension applications (s 11W) and possible forfeiture orders (s 34(3)).  Executive officers of corporations face criminal liability if the corporation commits a relevant offence unless they establish specific defences (s 39).\n\n- Police and public health officials: wide operational discretion is given to senior officers and the Commissioner of Police (e.g. issuing authorisations for drug detection areas (s 19V), ordering destruction of seized items (s 19B), applying for drug premises orders (s 11D)).  The Chief Health Officer has authorisation powers for research (s 33).\n\nWhy it matters (claimed purpose and practical trade-offs)\n\n- The Act claims a purpose of consolidating and amending law for the prevention of drug misuse (long title).  Mechanically, it increases enforcement tools (criminal offences tied to quantity thresholds, administrative orders, stop/search powers in defined areas), relies on forensic evidence (analyst certificates, sampling rules) and provides pathways for lower‑level enforcement via infringement notices.\n\n- Trade-offs and incentives the text creates:\n  - It raises the legal and practical costs of supply and production (large maximum penalties tied to quantity — ss 5–7; Schedules), which increases risk for people who supply or cultivate.  That changes private behaviour by increasing expected punishment for larger‑scale activity.\n  - It shifts some evidential burdens and creates absolute- or strict-liability elements for quantity and certain procedural matters (see s 5(2), s 6(2), s 7(2), s 11S(3)), reducing the prosecution's evidential burden on mens rea for quantity but increasing the onus on defendants in limited respects.\n  - It gives significant administrative discretion to police and health officials (e.g. Commissioner of Police to apply for premises orders (s 11D); senior police officer to authorise drug detection areas (s 19V); Chief Health Officer to authorise research possession (s 33)).  That concentrates decision-making in executive agencies and creates implementation risk tied to how those discretion points are exercised.\n  - For businesses, landlords and corporate officers the Act creates potential asset loss, eviction risk, licence-suspension applications and personal criminal exposure for executives (ss 11U, 11W, 34, 39).  These are concrete compliance costs and potential opportunity costs for investment in affected premises.\n  - The Act provides lower-cost enforcement options for low-quantity cannabis matters via infringement notices (s 20), which substitutes administrative penalties for criminal prosecutions in specified cases.\n\nCompliance burdens, evidentiary mechanics and implementation notes\n\n- Police must follow sampling and notice rules before destruction of seized drugs; retained samples must be available for analysis by people charged (ss 19B–19C).  Analyst certificates are given high evidential weight (s 29), so forensic processes and chain-of-custody are operationally important.\n\n- The drug premises order regime uses a stepwise escalation (records and notices after findings on premises (ss 11E–11G) then court orders (ss 11K–11L)), but the court may decide in camera and hear applications without giving prior notice to owners/occupiers (ss 11H–11J).  Once orders are in force, searches without warrant are allowed on the premises (s 11R) and other restrictions can apply (ss 11S–11V).\n\n- The drug detection area powers remove the usual requirement for reasonable suspicion when an authorisation is in force (s 19X(1)(b)).  The Commissioner must limit simultaneous authorisations to three and document procedures (s 19X(2)).\n\nLimitations and authorised exceptions\n\n- The Act does not override the Hemp Industry Act 2019 for lawful hemp activities and excludes processed low‑THC hemp from application (s 4A).\n\n- It preserves authorised medical, research and professional uses (exemptions in s 42; Chief Health Officer and Medicines, Poisons and Therapeutic Goods Act cross‑references at ss 3, 33)."},"kimi_summary":{"_metrics":{"completionTokens":826},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1990 form. Major additions include: the drug premises order scheme (2002), destruction of exhibits procedures (1994), drug detection areas (2015), infringement notice scheme (1996, substantially revised 2016), synthetic cannabinoid controls (2011 onwards), and executive officer liability for corporate drug offending (2015). The 2016 amendments restructured virtually all offence provisions with new mental elements (intention/recklessness) and absolute liability quantity elements. The quantity threshold system and alternative verdict provisions create a complex sentencing hierarchy that has grown more intricate over time."},"complexity_factors":["Extensive cross-referencing between Schedules 1, 2 and 3 and quantity thresholds throughout offence provisions","Nested conditional logic in quantity calculations for drug mixtures (section 3(3)-(3B))","Multiple overlapping offence tiers based on quantity × location × presence of children × drug schedule","Drug premises order scheme involves complex administrative procedure with multiple stages (records, warnings, applications, hearings, revocations)","Detailed evidentiary and procedural rules for destruction of exhibits spanning pre-trial, trial and post-trial phases","Extensive definitions section with 40+ defined terms including technical chemical concepts like 'stereo-isomer' and 'homologue' for drug analogues","Multiple transitional provisions preserving different versions of offences based on when conduct occurred","Interaction with other NT legislation (Residential Tenancies Act, Liquor Act, Criminal Code, Police Administration Act)"],"plain_english_summary":"This is the Northern Territory's main law controlling illegal drugs. It creates a comprehensive system of criminal offences, police powers, and administrative procedures for dealing with dangerous drugs and prohibited plants.\n\n**What it covers:**\n\n**Drug offences** are organised by severity based on quantity thresholds:\n- **Schedule 1 drugs** (hard drugs like heroin, cocaine, methamphetamine, fentanyl) carry the heaviest penalties\n- **Schedule 2 drugs** (including cannabis, synthetic cannabinoids, many prescription opioids and psychedelics) carry lesser but still serious penalties\n\n**Quantity thresholds** determine offence severity:\n- *Traffickable quantity* — smaller amounts suggesting personal use or low-level dealing\n- *Commercial quantity* — larger amounts suggesting serious trafficking\n\n**Main offence categories:**\n- **Supply** (selling, giving, distributing) — penalties up to life imprisonment for supplying Schedule 1 drugs to children\n- **Cultivation** of prohibited plants (growing cannabis, coca, opium poppies)\n- **Manufacture** (cooking or producing drugs) — life imprisonment possible for commercial quantities of Schedule 1 drugs\n- **Possession** — varies by quantity and whether in public\n\n**Special protections for children:** Any supply, cultivation or manufacture occurring near children attracts dramatically higher penalties.\n\n**Drug premises orders:** A controversial power allowing courts to declare houses or businesses \"drug premises\" based on police evidence of supply activity. Once declared, police can enter and search without warrants, residents can be evicted, and liquor licences can be suspended.\n\n**Drug detection areas:** Senior police can authorise roadside drug detection operations in remote areas (more than 30km from Darwin GPO), allowing vehicle stops, searches and sniffer dog deployment without individual suspicion.\n\n**Infringement notices:** For minor cannabis possession (under 2 plants or small quantities of cannabis products), police can issue on-the-spot fines instead of laying criminal charges.\n\n**Evidence destruction:** Detailed procedures allow early destruction of drug exhibits while preserving samples for defence analysis, reducing storage burdens for police.\n\n**Who it affects:** Anyone in the NT involved with illegal drugs — users, dealers, growers, manufacturers, property owners, and even doctors or researchers seeking authorisations. The Act also significantly affects landlords and tenants of properties declared drug premises."}},"importantCases":[],"_links":{"self":"/api/acts/misuse-of-drugs-act-1990","history":"/api/acts/misuse-of-drugs-act-1990/history","analysis":"/api/acts/misuse-of-drugs-act-1990/analysis","conflicts":"/api/acts/misuse-of-drugs-act-1990/conflicts","importantCases":"/api/acts/misuse-of-drugs-act-1990/important-cases","documents":"/api/acts/misuse-of-drugs-act-1990/documents"}}