QLDIn ForceAct
Drugs Misuse Act 1986
sec.131Evidence of equipment being used to produce particular dangerous drugs
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### sec.131 Evidence of equipment being used to produce particular dangerous drugs
This section applies if, in a proceeding for an offence against this Act, it is relevant to prove that particular equipment was used in the production of a relevant dangerous drug.
In the absence of proof to the contrary, the equipment is proved to have been used in the production of the relevant dangerous drug if—
a police officer gives evidence that the police officer believes the equipment was used in the production of the relevant dangerous drug; and
the court considers that belief to be reasonably held by the police officer; and
the defendant was served with a prosecution information notice specifying the equipment; and
the defendant has not given the commissioner of police a challenge notice.
In this section—
equipment includes apparatus, items and other things.
relevant dangerous drug means a dangerous drug specified in the Drugs Misuse Regulation 1987 , schedule 8D .
s 131 (prev s 57B) ins 2000 No. 28 s 25
amd 2002 No. 35 s 10
renum 2002 No. 35 s 11
sub 2006 No. 8 s 65
(sec.131-ssec.1) This section applies if, in a proceeding for an offence against this Act, it is relevant to prove that particular equipment was used in the production of a relevant dangerous drug.
(sec.131-ssec.2) In the absence of proof to the contrary, the equipment is proved to have been used in the production of the relevant dangerous drug if— a police officer gives evidence that the police officer believes the equipment was used in the production of the relevant dangerous drug; and the court considers that belief to be reasonably held by the police officer; and the defendant was served with a prosecution information notice specifying the equipment; and the defendant has not given the commissioner of police a challenge notice.
(sec.131-ssec.3) In this section— equipment includes apparatus, items and other things. relevant dangerous drug means a dangerous drug specified in the Drugs Misuse Regulation 1987 , schedule 8D .
- (a) a police officer gives evidence that the police officer believes the equipment was used in the production of the relevant dangerous drug; and
- (b) the court considers that belief to be reasonably held by the police officer; and
- (c) the defendant was served with a prosecution information notice specifying the equipment; and
- (d) the defendant has not given the commissioner of police a challenge notice.