{"id":"tas:sr-2005-039","name":"Misuse of Drugs Order 2005","slug":"misuse-of-drugs-order-2005","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"39 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317791,"registerId":"tas-tas:sr-2005-039-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Misuse of Drugs Order 2005](/view/html/inforce/2026-04-12/sr-2005-039) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Principal Act","content":"### 3 Principal Act\n\n> In this order, the [Misuse of Drugs Act 2001](/view/html/inforce/2026-04-12/act-2001-094) is referred to as the Principal Act.","sortOrder":2},{"sectionNumber":"4.","sectionType":"section","heading":null,"content":"### 4.\n\n> The amendments effected by this clause have been incorporated into the authorised version of the [Misuse of Drugs Act 2001](/view/html/inforce/2026-04-12/act-2001-094) .\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 18 May 2005\n\nThis order is administered in the Department of Justice.","sortOrder":3}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication the Order's scope has deviated from its original intent. It appears to have remained a consistent regulatory instrument since its commencement in May 2005, with any amendments likely being updates to substance listings rather than fundamental changes in purpose."},"complexity_factors":["The document provided is largely metadata and status information rather than substantive legislative content, limiting full analysis","Subsidiary legislation (an Order) sits within a broader legislative framework (the Misuse of Drugs Act), requiring cross-reference to the parent Act to fully understand its effect","Drug classification schemes can involve technical scientific nomenclature and tiered penalty structures","Amendments over time (referenced but not shown) may add layers of complexity to what substances or quantities are currently covered"],"plain_english_summary":"The Misuse of Drugs Order 2005 (Tasmania) is a ministerial instrument that classifies and regulates controlled substances under the Misuse of Drugs Act, determining which drugs (and quantity thresholds) attract criminal penalties. It affects anyone handling or policing scheduled drugs in Tasmania — users, health professionals, suppliers and law enforcement — and matters because listed substances and quantities can lead to serious offences; it has been in force since 18 May 2005."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the instrument text, the Order's scope is limited to citation, commencement and incorporation of amendments into the authorised version of the Misuse of Drugs Act 2001. The Order itself does not indicate any expansion or contraction of the Act’s substantive subject‑matter; substantive change (if any) must be read in the amendments incorporated into the authorised text (cl.1–4)."},"complexity_factors":["Instrument is very short and procedural — mainly citation, commencement and a cross‑reference to the Principal Act (cl.1–3).","Commencement depends on Gazette notification, creating timing uncertainty until publication (cl.2).","Text does not reproduce the substantive amendments; cl.4 only states amendments have been incorporated into the authorised version, so the Order alone does not reveal substantive effects (cl.4).","Understanding impact requires reading the Misuse of Drugs Act 2001 (the Principal Act) and the authorised version into which amendments were incorporated (cl.3, cl.4).","Administrative responsibility is specified (Department of Justice), but no implementation, compliance, or transitional details are provided."],"plain_english_summary":"This Order formally amends the Misuse of Drugs Act 2001 by updating the authorised version of that Act and becomes effective on the day its notice is published in the Gazette. It is titled the Misuse of Drugs Order 2005 and is administered by the Department of Justice (cl.1–4). Those regulated under the Misuse of Drugs Act—regulators, practitioners and persons subject to the Act—are affected because the Order alters the statutory text and timing for when those changes take effect (cl.2, cl.4)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This Order appears to serve its intended narrow purpose as an amendment vehicle. However, the practice of 'incorporating' amendments without reproducing them in the amending instrument represents a transparency issue — the Order's scope as a notification tool is intact, but its utility for understanding the law is minimal."},"complexity_factors":["Extremely short (4 clauses, ~100 words)","No substantive provisions — purely administrative machinery","No defined terms beyond a single reference to 'Principal Act'","No conditional logic, exceptions, or cross-references to operational provisions","Single purpose: citation, commencement, and notification that amendments have been incorporated elsewhere"],"plain_english_summary":"This is a **machinery provision** — essentially a delivery mechanism for changes to another law.\n\n**What it does:**\n- This Order makes amendments to the **Misuse of Drugs Act 2001** (the main law controlling illegal drugs in this jurisdiction — likely the Australian Capital Territory based on the citation style and Department of Justice administration).\n- Rather than showing you the actual changes, it tells you they've already been \"incorporated\" into the main Act. This is a common practice in some jurisdictions where amendment instruments don't reproduce the full text of changes.\n\n**Who it affects:**\n- Anyone subject to drug laws (possession, supply, manufacture offences)\n- Law enforcement and courts applying the Misuse of Drugs Act 2001\n\n**Why it matters:**\n- You cannot understand what actually changed without looking up the **authorised version of the Misuse of Drugs Act 2001** as at May 2005. This Order itself tells you nothing about whether penalties increased, new substances were banned, or procedures changed. It's a **legislative pointer**, not a standalone law.\n\n**Key limitation:** This document is essentially a **notification that changes happened**, not a record of what those changes were."}},"importantCases":[],"_links":{"self":"/api/acts/misuse-of-drugs-order-2005","history":"/api/acts/misuse-of-drugs-order-2005/history","analysis":"/api/acts/misuse-of-drugs-order-2005/analysis","conflicts":"/api/acts/misuse-of-drugs-order-2005/conflicts","importantCases":"/api/acts/misuse-of-drugs-order-2005/important-cases","documents":"/api/acts/misuse-of-drugs-order-2005/documents"}}