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Misuse of Drugs Act 1990
Sch 2drug means:
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Schedule 2 drug means:
(a) a substance or thing that is specified in Schedule 2; or
(b) a plant that is not specified in Schedule 2 if a part of the plant,
or an extract from the plant, is specified in Schedule 2.
senior police officer, see section 19U.
supply means:
(a) give, distribute, sell, administer, transport or supply, whether
or not for fee, reward or consideration or in expectation of fee,
reward or consideration; or
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(b) offer to do an act mentioned in paragraph (a); or
(c) do, or offer to do, an act preparatory to, in furtherance of, or
for the purpose of, an act mentioned in paragraph (a);
and includes barter and exchange.
traffickable quantity, in relation to a dangerous drug, means a
quantity or amount equal to or exceeding the quantity or amount of
that dangerous drug specified in column 2 of Schedule 1 or 2
opposite to the name of the dangerous drug specified in column 1
of that Schedule.
vehicle includes any means of transport whatsoever by land, water
or through the air.
veterinarian means a registered veterinarian as defined in
section 3(1) of the Veterinarians Act 1994.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
(2) In this Act, a reference to a dangerous drug includes a reference to:
(a) a substance which is, in relation to a dangerous drug:
(i) an active principal of that dangerous drug;
(ii) a preparation or mixture of that dangerous drug (which
may include a substance that is not a dangerous drug)
that contains any proportion of that dangerous drug; or
(iii) a salt of that dangerous drug or active principal,
except where the substance is separately specified in
Schedule 1 or 2; and
(b) a substance that is a drug analogue in relation to the
dangerous drug, unless the substance is:
(i) a dangerous drug; or
(ii) a Scheduled substance as defined in section 7 of the
Medicines, Poisons and Therapeutic Goods Act 2012.
(3) Subject to subsection (3A), for the purposes of determining under
this Act whether an amount of a preparation or mixture of
substances that contains a dangerous drug is equal to or more than
the traffickable quantity or commercial quantity of the dangerous
drug, the amount is to be determined as if all of the preparation or
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mixture were comprised of the dangerous drug.
(3A) If the preparation or mixture contains more than one dangerous
drug, subsection (3B) applies.
(3B) If:
(a) all dangerous drugs found in the preparation or mixture are
specified in Schedule 1:
column 2 of Schedule 1; and
opposite it in column 3 of Schedule 1;
(b) all dangerous drugs found in the preparation or mixture are
specified in Schedule 2:
column 2 of Schedule 2; and
opposite it, in column 3 of Schedule 2; or
(c) one or more of the dangerous drugs found in the preparation
or mixture is specified in Schedule 1 and one or more of the
other dangerous drugs found in the preparation or mixture are
specified in Schedule 2:
column 2 of Schedule 1; and
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opposite it in column 3 of Schedule 1.
(4) For this Act, the traffickable quantity or commercial quantity,
respectively, of a substance that is a drug analogue is the
traffickable quantity or commercial quantity of the dangerous drug
in respect of which the drug analogue is a drug analogue.
(5) In this Act, a reference to the use or administration of a dangerous
drug includes a reference to the ingestion, injection, inhalation and
smoking of a dangerous drug, the inhalation of fumes caused by
the heating or burning of a dangerous drug and any other means of
introducing a dangerous drug into any part of the body of a person.
(6) For this Act and the Regulations, a person takes part in the supply,
cultivation, manufacture or production of a dangerous drug if the
person:
(a) takes, or participates in, a step, or causes a step to be taken,
in the process of that supply, cultivation, manufacture or
production; or
(b) provides or arranges finance for such a step in that process;
or
(c) provides the premises in or on which such a step in that
process is taken, or suffers or permits such a step in that
process to be taken in or on premises of which the person is
the owner, lessee or occupier or in the management of which
the person participates; or
(d) exercises control or direction over a step in that process.
(7) In this Act a reference to an offence against this Act or a particular
provision of this Act shall be read and construed as including an
attempt or a conspiracy to commit such an offence.
(7A) In this Act, unless the contrary intention appears, a thing is taken to
be connected with, or relate to, an offence if the thing is taken to be
a thing connected with, or relating to, an offence under
section 116(1) of the Police Administration Act 1978.
(8) The Minister may, by notice in the Gazette, appoint a person to be
an analyst for the purposes of this Act.
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