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Misuse of Drugs Act 1990
12Possession of things for administering dangerous drugs
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12 Possession of things for administering dangerous drugs
(a) the person intentionally possesses a thing, other than a
hypodermic syringe or needle; and
(b) the thing is a thing used in the administration of a dangerous
drug and the person is reckless in relation to that
circumstance.
(2) A person, other than a medical practitioner, nurse practitioner,
pharmacist or member of a class of persons that is authorised by
the Minister for this section, commits an offence if:
(a) the person intentionally supplies a hypodermic syringe or
needle to another person, whether or not the other person is in
the Territory; and
(b) the syringe or needle is to be used in the administration of a
dangerous drug to that or another person and the person is
Misuse of Drugs Act 1990 43
subsection (2) if the defendant obtained the hypodermic syringe or
needle from a medical practitioner, nurse practitioner, pharmacist or
authorised person mentioned in that subsection for the use of
another person in the administration of a dangerous drug to that
other person and the defendant supplied it to the other person, in its
unused state, as soon as practicable after so obtaining it.
(3A) The defendant has a legal burden of proof in relation to a matter
mentioned in subsection (3).
(4) A person in possession of a hypodermic syringe or needle must
take all reasonable care and precautions with it so as to avoid
danger to the life, safety or health of another person.
(4A) A person commits an offence if:
(b) the conduct results in a contravention of subsection (4) and
(5) A person commits an offence if:
(a) a hypodermic syringe or needle has been used in the
administration of a dangerous drug and the person has
knowledge of that circumstance; and
(b) the person intentionally disposes of the syringe or needle; and
(c) the disposal is not carried out in the manner prescribed and
the person is reckless in relation to that circumstance.