ACTIn ForceAct
DRUGS OF DEPENDENCE ACT 1989
4Offences against Act—application of Criminal Code etc
Start here
Get a plain-English read of 4
Turn the raw legal text into a practical explanation grounded in DRUGS OF DEPENDENCE ACT 1989.
4 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this
Act (see Code, pt 2.1):
• s 162 (Cultivation of 1 or 2 cannabis plants)
• s 169 (Possessing drugs of dependence)
Preliminary Part 1
• s 171 (Possessing prohibited substances)
• s 171AA (Possessing cannabis)
• s 171AAA (Cultivation of more than 4 cannabis plants at premises)
• s 171AAB (Cannabis plant cultivation—other offences)
• s 171AAC (Storage of cannabis)
• s 171AAD (Possessing multiple small quantities of different kinds
of relevant substances)
• s 171AB (Smoking cannabis in public place or near child).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.