QLDIn ForceAct
Drugs Misuse Act 1986
sec.13Certain offences may be dealt with summarily
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### sec.13 Certain offences may be dealt with summarily
Where a person charged with the commission of a crime defined in section 6 , 8 , 9 , 9A , 9B , 9C , 10 (1) , 11 or 12 or an attempt to commit any such crime is liable upon conviction to not more than 15 years imprisonment, proceedings in respect of a charge of the offence may be taken summarily.
Where a person is charged with the commission of a crime defined in section 7 or an attempt to commit any such crime in respect of property obtained from the commission of—
an offence defined in section 6 ; or
an act referred to in section 7 (1) (b) which if it had been done in Queensland would have constituted an offence defined in section 6 ;
which offence or act is of such a nature, or is committed under such circumstances, that the person who committed the offence or act—
upon conviction is liable, pursuant to section 6 , to not more than 15 years imprisonment; or
might be summarily convicted under the laws in force in the place where it was committed;
proceedings in respect of a charge of the crime or an attempt to commit any such crime may be taken summarily.
Despite subsections (1) and (2) , proceedings may not be taken summarily in relation to a charge of an offence defined in section 6 , 7 , 8 , 9B or 9C if the prosecution alleges the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q .
If a person is charged with the commission of a crime, or an attempt to commit a crime, defined in section 8A , proceedings in relation to the charge may be taken summarily.
A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than—
if a treatment order is made for the person—4 years imprisonment; or
otherwise—3 years imprisonment.
s 13 amd 1987 No. 53 s 6 ; 1988 No. 88 s 3 sch 1 ; 1989 No. 34 s 11 ; 1996 No. 49 s 9 ; 2000 No. 28 s 13 ; 2006 No. 8 s 62 ; 2008 No. 4 s 16 ; 2016 No. 62 s 171 ; 2017 No. 41 s 14
(sec.13-ssec.1) Where a person charged with the commission of a crime defined in section 6 , 8 , 9 , 9A , 9B , 9C , 10 (1) , 11 or 12 or an attempt to commit any such crime is liable upon conviction to not more than 15 years imprisonment, proceedings in respect of a charge of the offence may be taken summarily.
(sec.13-ssec.2) Where a person is charged with the commission of a crime defined in section 7 or an attempt to commit any such crime in respect of property obtained from the commission of— an offence defined in section 6 ; or an act referred to in section 7 (1) (b) which if it had been done in Queensland would have constituted an offence defined in section 6 ; which offence or act is of such a nature, or is committed under such circumstances, that the person who committed the offence or act— upon conviction is liable, pursuant to section 6 , to not more than 15 years imprisonment; or might be summarily convicted under the laws in force in the place where it was committed; proceedings in respect of a charge of the crime or an attempt to commit any such crime may be taken summarily.
(sec.13-ssec.2A) Despite subsections (1) and (2) , proceedings may not be taken summarily in relation to a charge of an offence defined in section 6 , 7 , 8 , 9B or 9C if the prosecution alleges the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q .
(sec.13-ssec.3) If a person is charged with the commission of a crime, or an attempt to commit a crime, defined in section 8A , proceedings in relation to the charge may be taken summarily.
(sec.13-ssec.4) A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than— if a treatment order is made for the person—4 years imprisonment; or otherwise—3 years imprisonment.
- (a) an offence defined in section 6 ; or
- (b) an act referred to in section 7 (1) (b) which if it had been done in Queensland would have constituted an offence defined in section 6 ;
- (c) upon conviction is liable, pursuant to section 6 , to not more than 15 years imprisonment; or
- (d) might be summarily convicted under the laws in force in the place where it was committed;
- (a) if a treatment order is made for the person—4 years imprisonment; or
- (b) otherwise—3 years imprisonment.