36NExemption from criminal liability for users of licensed injecting centre

#### 36N Exemption from criminal liability for users of licensed injecting centre 36N Exemption from criminal liability for users of licensed injecting centre > > (1) In this section— > > > > exempt quantity, in relation to a prescribed drug, means— > > > > > (a) in the case of a prohibited drug, a small quantity of the drug (subject to paragraph (b)), or > > > > > (b) in any case, such quantity of the drug as is prescribed by the regulations. > > > (2) Despite any other provision of this Act or of any other Act or law (other than a provision prescribed by the regulations)— > > > > > (a) it is not unlawful for a person at a licensed injecting centre— > > > > > > > (i) to be in possession of (otherwise than for supply) no more than an exempt quantity of a prescribed drug, or > > > > > > > (ii) to be in possession of an item of equipment for use in the administration of a prescribed drug, or > > > > > > > (iii) to administer or attempt to administer to himself or herself no more than an exempt quantity of a prescribed drug, and > > > > > (b) in particular, a person at a licensed injecting centre— > > > > > > > (i) who has in his or her possession (otherwise than for supply) no more than an exempt quantity of a prescribed drug, or > > > > > > > (ii) who has in his or her possession an item of equipment for use in the administration of a prescribed drug, or > > > > > > > (iii) who administers or attempts to administer to himself or herself no more than an exempt quantity of a prescribed drug, > > > > > > does not commit an offence under section 10, 11 or 12, or any other offence prescribed by the regulations, just because of that fact. > > > (3) Subsection (2) does not affect the operation of— > > > > > (a) the conditions of any recognizance to which a person is subject (whether under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) or otherwise), or > > > > > (b) any bail conditions to which a person is subject under the [Bail Act 2013](/view/html/inforce/current/act-2013-026), or > > > > > (c) the conditions of any program to which a person is subject under the [Drug Court Act 1998](/view/html/inforce/current/act-1998-150). > > > (4) Nothing in this section prevents a police officer from exercising a discretion not to charge a person with an offence under section 10 or 11— > > > > > (a) in respect of the possession of a prescribed drug, or > > > > > (b) in respect of the possession of an item of equipment for use in the administration of a prescribed drug, > > > > while the person is travelling to or from, or is in the vicinity of, a licensed injecting centre. > > > (5) The reference in subsection (4) to a discretion includes a reference to a discretion referred to in any guidelines applicable to police discretions. > > **s 36N:** Ins 1999 No 67, Sch 1. Am 2014 No 5, Sch 2.17.