QLDIn ForceAct
Drugs Misuse Act 1986
sec.125Prescribed persons permitted to receive and dispose of dangerous drugs
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### sec.125 Prescribed persons permitted to receive and dispose of dangerous drugs
It is lawful for a State officer or other authorised person acting in good faith and in the proper discharge of the person’s professional duties, to receive from any person anything which the person reasonably believes to be a dangerous drug provided that—
in the case of a dangerous drug specified in the Drugs Misuse Regulation 1987 , schedule 3 —the quantity of such thing is reasonably believed to be less than the quantity specified in that schedule in respect of that thing; and
it is forthwith disposed of in accordance with the procedure prescribed by regulation.
It is lawful for a person who—
as a public service employee employed in the department in which the Medicines and Poisons Act 2019 is administered, is performing functions similar to the duties of a property officer in the police service; and
is authorised under that Act;
to possess a dangerous drug while actually performing the duties.
It is lawful for a person who, as a staff member within the meaning of the Police Service Administration Act 1990 , is performing the duties of a property officer in the police service, to possess a dangerous drug while actually performing the duties.
It is lawful for a person who, as a drug control officer within the meaning of the Police Powers and Responsibilities Act 2000 , section 726 , is performing the functions of a drug control officer in the police service, to possess a dangerous drug while actually performing the functions.
It is lawful for a person who, as a drug control officer within the meaning of the Corrective Services Act 2006 , section 344B , is performing the functions of a drug control officer in the department in which the Corrective Services Act 2006 is administered, to possess a dangerous drug while actually performing the functions.
In this section—
State officer or other authorised person means—
a State officer under the Medicines and Poisons Act 2019 , section 49 or a person helping the State officer to perform the officer’s functions or exercise the officer’s powers; or
a person to whom the Medicines and Poisons Act 2019 , section 50 applies.
s 125 (prev s 52A) ins 1989 No. 34 s 20
amd 1990 No. 88 s 3 sch ; 1993 No. 32 s 3 sch 2 ; 1995 No. 18 s 3 sch ; 1996 No. 49 s 12 ; 1998 No. 19 s 20 ; 1998 No. 41 s 14 (1) sch
renum 2002 No. 35 s 11
amd 2008 No. 53 s 11 ; 2014 No. 17 s 55 ; 2021 No. 12 s 195 s ch 5 pt 1 ; 2019 No. 26 s 289 ; 2023 No. 7 s 68 s ch 1 pt 2
(sec.125-ssec.1) It is lawful for a State officer or other authorised person acting in good faith and in the proper discharge of the person’s professional duties, to receive from any person anything which the person reasonably believes to be a dangerous drug provided that— in the case of a dangerous drug specified in the Drugs Misuse Regulation 1987 , schedule 3 —the quantity of such thing is reasonably believed to be less than the quantity specified in that schedule in respect of that thing; and it is forthwith disposed of in accordance with the procedure prescribed by regulation.
(sec.125-ssec.2) It is lawful for a person who— as a public service employee employed in the department in which the Medicines and Poisons Act 2019 is administered, is performing functions similar to the duties of a property officer in the police service; and is authorised under that Act; to possess a dangerous drug while actually performing the duties.
(sec.125-ssec.3) It is lawful for a person who, as a staff member within the meaning of the Police Service Administration Act 1990 , is performing the duties of a property officer in the police service, to possess a dangerous drug while actually performing the duties.
(sec.125-ssec.4) It is lawful for a person who, as a drug control officer within the meaning of the Police Powers and Responsibilities Act 2000 , section 726 , is performing the functions of a drug control officer in the police service, to possess a dangerous drug while actually performing the functions.
(sec.125-ssec.5) It is lawful for a person who, as a drug control officer within the meaning of the Corrective Services Act 2006 , section 344B , is performing the functions of a drug control officer in the department in which the Corrective Services Act 2006 is administered, to possess a dangerous drug while actually performing the functions.
(sec.125-ssec.6) In this section— State officer or other authorised person means— a State officer under the Medicines and Poisons Act 2019 , section 49 or a person helping the State officer to perform the officer’s functions or exercise the officer’s powers; or a person to whom the Medicines and Poisons Act 2019 , section 50 applies.
- (a) in the case of a dangerous drug specified in the Drugs Misuse Regulation 1987 , schedule 3 —the quantity of such thing is reasonably believed to be less than the quantity specified in that schedule in respect of that thing; and
- (b) it is forthwith disposed of in accordance with the procedure prescribed by regulation.
- (a) as a public service employee employed in the department in which the Medicines and Poisons Act 2019 is administered, is performing functions similar to the duties of a property officer in the police service; and
- (b) is authorised under that Act;
- (a) a State officer under the Medicines and Poisons Act 2019 , section 49 or a person helping the State officer to perform the officer’s functions or exercise the officer’s powers; or
- (b) a person to whom the Medicines and Poisons Act 2019 , section 50 applies.