NORTHERN TERRITORY OF AUSTRALIA
MISUSE OF DRUGS REGULATIONS 1990
As in force at 20 November 2020
Table of provisions
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
2A Indigenous communities .................................................................. 1
2B Precursors ....................................................................................... 1
3 Disposal of syringes or needles ....................................................... 1
4 Notices to be posted in certain licensed premises ........................... 2
7 Forms in relation to drug premises – section 11E............................ 2
8 Forms in relation to drug premises – section 11F ............................ 2
9 Forms in relation to drug premises – section 11G ........................... 3
10 Form of notice of drug premises order – section 11N ...................... 3
11 Notice to be affixed to drug premises – section 11Q ....................... 3
12 Offence to affix notice without authority ........................................... 3
13 Forms for release of property for testing – sections 19C
and 19PA ......................................................................................... 4
14 Electronic drug detection – people .................................................. 4
15 Electronic drug detection – property ................................................ 4
Schedule 1
Schedule 2 Precursors
Schedule 3 Forms in relation to drug premises
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 20 November 2020
MISUSE OF DRUGS REGULATIONS 1990
Regulations under the Misuse of Drugs Act 1990
1 Citation
These Regulations may be cited as the Misuse of Drugs
Regulations 1990.
2 Commencement
These Regulations shall come into operation on the
commencement of the Misuse of Drugs Act 1990.
2A Indigenous communities
For section 3(1) of the Act, definition indigenous community, the
areas that were prescribed areas under section 4 of the Northern
Territory National Emergency Response Act 2007 (Cth)
immediately before its repeal are prescribed.
2B Precursors
For section 3(1) of the Act, definition precursor, the substances
specified in Schedule 2 are prescribed.
3 Disposal of syringes or needles
For the purposes of section 12(5) of the Act, a hypodermic syringe
or needle that has been used in the unlawful administration of a
dangerous drug shall be disposed of:
(a) by depositing it in a rigid walled and puncture resistant
container that is sealed or securely closed in such a manner
that the contents are incapable of causing injury to any
person; and
(b) by either:
(i) placing the container with its contents in a household or
other refuse bin; or
Misuse of Drugs Regulations 1990 2
(ii) handing it or causing it to be handed to a person referred
to in section 12(2) of the Act.
4 Notices to be posted in certain licensed premises
(1) The holder of a licence issued under the Liquor Act 2019 for the
sale and consumption of liquor on or at premises specified in the
licence shall cause to be posted and maintained on those premises,
in a manner provided for in subregulation (2), a notice in the form
described in Schedule 1.
Maximum penalty: 8 penalty units.
(2) A notice referred to in subregulation (1) shall:
(a) be affixed to flat, rigid material;
(b) be encased or enclosed behind glass or some other durable
transparent material;
(c) be not less than 200 mm wide and 300 mm long;
(d) bear the words in the Schedule in legible typewritten or printed
form;
(e) bear no other words; and
(f) be so displayed in a public area of the premises as to be
capable of being easily read by a person on the premises to
whose attention the notice is drawn.
7 Forms in relation to drug premises – section 11E
(1) For the purposes of section 11E(1) of the Act, Form 1 in Schedule 3
is prescribed.
(2) For the purposes of section 11E(2) of the Act, Form 2 in Schedule 3
is prescribed.
(3) For the purposes of section 11E(3) of the Act, Form 3 in Schedule 3
is prescribed.
(4) For the purposes of section 11E(4) of the Act, Form 4 in Schedule 3
is prescribed.
8 Forms in relation to drug premises – section 11F
(1) For the purposes of section 11F(1) of the Act, Form 5 in Schedule 3
is prescribed.
Misuse of Drugs Regulations 1990 3
(2) For the purposes of section 11F(2) of the Act, Form 6 in Schedule 3
is prescribed.
(3) For the purposes of section 11F(3) of the Act, Form 7 in Schedule 3
is prescribed.
(4) For the purposes of section 11F(4) of the Act, Form 8 in Schedule 3
is prescribed.
9 Forms in relation to drug premises – section 11G
(1) For the purposes of section 11G(1) of the Act, Form 9 in
Schedule 3 is prescribed.
(2) For the purposes of section 11G(2) of the Act, Form 10 in
Schedule 3 is prescribed.
(3) For the purposes of section 11G(3) of the Act, Form 11 in
Schedule 3 is prescribed.
(4) For the purposes of section 11G(4) of the Act, Form 12 in
Schedule 3 is prescribed.
10 Form of notice of drug premises order – section 11N
For the purposes of section 11N(2)(b) of the Act, Form 13 in
Schedule 3 is prescribed.
11 Notice to be affixed to drug premises – section 11Q
(1) For the purposes of section 11Q(1) of the Act, Form 14 in
Schedule 3 is prescribed.
(2) The notice for the purposes of section 11Q(1) of the Act is to
consist of black lettering on a fluorescent green sign that is not less
than 1 metre in height and 500 cms in width.
12 Offence to affix notice without authority
(1) A person who is not a police officer commits an offence if the
person affixes to a building, structure or other object a notice
purporting to be a notice under section 11Q(1) of the Act.
Maximum penalty: 17 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Misuse of Drugs Regulations 1990 4
13 Forms for release of property for testing – sections 19C
and 19PA
(1) For the purposes of section 19C(2) of the Act, Form 15 in
Schedule 3 is prescribed.
(2) For the purposes of section 19PA(2) of the Act, Form 16 in
Schedule 3 is prescribed.
14 Electronic drug detection – people
(1) For section 19U of the Act, definition general drug detection,
paragraph (b), an electronic drug detection system may be used in
relation to a person only in the manner prescribed by this
regulation.
(2) Samples of particulate matter may be taken for analysis to detect
the presence of a dangerous drug or precursor from:
(a) the outside of the person's clothing; and
(b) the person's hands.
(3) When samples are taken from the person's clothing:
(a) the person cannot be required to remove, undo or rearrange
any clothing; and
(b) care must be taken to avoid disturbing the person's clothing.
(4) Samples of particulate matter may be taken by swabbing, wiping or
otherwise touching a surface to obtain a sample of particles from
that surface.
15 Electronic drug detection – property
(1) For section 19U of the Act, definition general drug detection,
paragraph (b), an electronic drug detection system may be used in
relation to property only in the manner prescribed by this regulation.
(2) Samples of particulate matter may be taken for analysis to detect
the presence of a dangerous drug or precursor from:
(a) both the exterior and interior of:
(i) a vehicle; and
(ii) any cupboard, drawer, chest, trunk, box, package or
other receptacle found in the vehicle; and
(b) the outside of any other property.
Misuse of Drugs Regulations 1990 5
(3) Samples of particulate matter may be taken by swabbing, wiping or
otherwise touching a surface to obtain a sample of particles from
that surface.
(4) In this regulation:
vehicle includes a caravan, trailer or anything else being towed by
the vehicle.
Schedule 1
Misuse of Drugs Regulations 1990 6
Schedule 1
regulation 4(1)
Northern Territory of Australia
Misuse of Drugs Act 1990
It is an offence to unlawfully supply, or take part in the supply of, a dangerous
drug to another person or to unlawfully possess a dangerous drug.
The commission of such an offence on or in LICENSED PREMISES
constitutes an AGGRAVATING CIRCUMSTANCE for which special provision
is made under section 37(2) of the Misuse of Drugs Act 1990.
LICENSED PREMISES includes all buildings and land (including car parks)
used in connection with those premises.
Section 37(2) of the Misuse of Drugs Act 1990 provides that:
"In sentencing a person for an offence against this Act the court
shall, in the case of an offence for which the maximum penalty
provided by this Act (with or without a fine) is:
(a) 7 years imprisonment or more; or
(b) less than 7 years imprisonment but the offence is
accompanied by an aggravating circumstance,
impose a sentence requiring the person to serve a term of actual
imprisonment unless, having regard to the particular circumstances
of the offence or the offender (including the age of the offender
where the offender has not attained the age of 21 years), it is of the
opinion that such a penalty should not be imposed.".
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 9
Schedule 3 Forms in relation to drug premises
regulations 7, 8, 9, 10, 11 and 13
FORM 1
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11E(1)
RECORD OF FINDING OF DANGEROUS DRUG AT RESIDENTIAL
PREMISES
Address of residential premises at which dangerous drug was found.
Type and quantity of dangerous drug found at premises.
Date and time of finding of dangerous drug.
Place in premises at which dangerous drug found.
Names of known residents of premises.
Names of residents and other persons found on premises when
dangerous drug was found.
Reasons for suspicion that dangerous drug has been supplied at or
from premises.
Name of member of Police Force who found dangerous drug at
premises.
Dated............................................................
Signed............................................................
[member of Police Force]
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 10
FORM 2
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11E(2)
NOTICE OF FINDING OF DANGEROUS DRUG AT RESIDENTIAL
PREMISES
TO: The owner* landlord* tenant* of [address of residential premises to which
notice relates].
In accordance with section 11E(2) of the Misuse of Drugs Act 1990, I, [name
of member of Police Force issuing notice] give notice that:
A record was made under section 11E(1) of the Misuse of Drugs
Act 1990 on [date] of the finding of a dangerous drug at the premises.
The following dangerous drug was found at the above premises on
[date of finding] at [approximate time of finding]:
[describe type and quantity of dangerous drug found at premises]
The following residents of the premises* persons* were on the
premises at the time the dangerous drug was found:
I believe that a dangerous drug has been supplied at or from the
premises.
WARNING
If:
(a) you are notified on another 2 occasions that a dangerous drug has
been found at the premises within 12 months after the date specified in
item 1 above; and
(b) the Commissioner of Police is satisfied that dangerous drugs have
been supplied at or from the premises, the Commissioner of Police
may apply under section 11D(3) of the Misuse of Drugs Act 1990 for an
order declaring these premises to be drug premises.
Dated............................................................
Signed............................................................
[member of Police Force]
delete if inapplicable
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 11
FORM 3
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11E(3)
RECORD OF FINDING OF DANGEROUS DRUG AT COMMERCIAL OR
LIQUOR LICENCE PREMISES
Address of commercial or liquor licence premises at which dangerous
drug was found.
Names of:
– owner of premises*
– landlord of premises*
– tenant of premises*
– for liquor licence premises – the licensee within the meaning of the
Liquor Act 2019*.
Type and quantity of dangerous drug found at premises.
Date and time of finding of dangerous drug.
Place in premises at which the dangerous drug was found.
Names of persons in whose apparent possession dangerous drug was
found:
– owner of premises*
– landlord of premises*
– tenant of premises*
– person employed by or acting on for and on behalf of owner, landlord
or tenant*
Names of persons at premises when dangerous drug was found:
– owner*
– landlord*
– tenant*
– person employed by or acting on for and on behalf of owner, landlord
or tenant*
Reasons for suspicion that dangerous drug has been supplied at or
from premises.
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 12
9. Name of member of Police Force who found dangerous drug at
premises.
Dated............................................................
Signed............................................................
[member of Police Force]
delete if inapplicable
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 13
FORM 4
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11E(4)
NOTICE OF FINDING OF DANGEROUS DRUG AT COMMERCIAL OR
LIQUOR LICENCE PREMISES
TO: The licensee within the meaning of the Liquor Act 2019* owner* landlord*
tenant* of [address of commercial premises or liquor licence premises
to which notice relates].
In accordance with section 11E(4) of the Misuse of Drugs Act 1990, I, [name
of member of Police Force issuing notice] give notice that:
A record was made under section 11E(3) of the Misuse of Drugs
Act 1990 on [date] of the finding of a dangerous drug at the premises.
The following dangerous drug was found at the above premises on
[date of finding] at [approximate time of finding]:
[describe type and quantity of dangerous drug found at premises]
The dangerous drug was apparently:
– in the possession of [name of person], who is an owner landlord*
tenant* a person employed by or acting for and on behalf of an
owner, landlord or tenant of the premises*
– in a room in the premises to which only an owner, landlord or tenant
of the premises (or a person employed by or acting for and on behalf
of an owner, landlord or tenant of the premises) had access*.
The following persons were at the premises at the time the dangerous
drug was found:
– owner of the premises*
– landlord of the premises*
– tenant of the premises*
– person employed by or acting for and on behalf of an owner, landlord
or tenant of the premises*
I believe that a dangerous drug has been supplied at or from the
premises.
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 14
WARNING
If:
(a) you are notified on another 2 occasions that a dangerous drug has
been found at the premises within 12 months after the date on which
the record of finding was made under section 11E(3) of the Misuse of
Drugs Act 1990 in circumstances in which a notice of finding of a
dangerous drug may be given in relation to the premises under Part II,
Division 1A of the Misuse of Drugs Act 1990; and
(b) the Commissioner of Police is satisfied that dangerous drugs have
been supplied at or from the premises,
the Commissioner of Police may apply under section 11D(4) of the Misuse of
Drugs Act 1990 for an order declaring these premises to be drug premises.
Dated............................................................
Signed.............................................................
[member of Police Force]
delete if inapplicable
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 15
FORM 5
NORTHERN TERRITORY OF AUSTRALIA
MISUSE OF DRUGS ACT 1990
section 11F(1)
RECORD OF SECOND FINDING OF DANGEROUS DRUG AT
RESIDENTIAL PREMISES
Address of residential premises at which dangerous drug was found.
Type and quantity of dangerous drug found at premises.
Date and time of finding of dangerous drug.
Place in premises at which dangerous drug found.
Names of known residents of premises.
Names of residents and other persons at premises when dangerous
drug was found.
Reasons for suspicion that dangerous drug has been supplied at or
from premises.
Name of member of Police Force who found dangerous drug at
premises.
Date on which first record of finding of dangerous drug at premises
made under section 11E(1) of Misuse of Drugs Act 1990.
Dated............................................................
Signed.............................................................
[member of Police Force]
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 16
FORM 6
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11F(2)
NOTICE OF SECOND FINDING OF DANGEROUS DRUG AT RESIDENTIAL
PREMISES
TO: The owner* landlord* tenant* of [address of residential premises to which
notice relates].
In accordance with section 11F(2) of the Misuse of Drugs Act 1990, I, [name
of member of Police Force issuing notice] give notice of the following:
The following dangerous drug was found at the above premises on
[date of second finding] at [approximate time of second finding]:
[describe type and quantity of dangerous drug found on premises]
The following residents of the premises* other persons* were at the
premises at the time the dangerous drug was found:
I believe that a dangerous drug has been supplied at or from the
premises.
A record under section 11E(1) of the Misuse of Drugs Act 1990 in
relation to the finding of dangerous drug at the premises was made on
[date of record].
A notice under section 11E(2) of the Misuse of Drugs Act 1990 of the
finding of a dangerous drug at the premises was issued on [date of
issue of first notice of finding].
A record under section 11F(1) of the Misuse of Drugs Act 1990 in
relation to the finding (referred to in item 1) of a dangerous drug at the
premises was made on [date of record].
WARNING
This is the first separate occasion on which a dangerous drug has been found
at the premises within 12 months after a record was made under
section 11E(1) of the Misuse of Drugs Act 1990 in relation to the premises.
If:
(a) a dangerous drug is found at the premises on another separate
occasion within 12 months after the date on which the record of finding
was made under section 11E(1) of the Misuse of Drugs Act 1990 in
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 17
circumstances in which a notice of finding of a dangerous drug may be
given in relation to the premises under Part II, Division 1A of the
Misuse of Drugs Act 1990; and
(b) the Commissioner of Police is satisfied that dangerous drugs have
been supplied at or from the premises,
the Commissioner of Police may apply under section 11D(3) of the Misuse of
Drugs Act 1990 for an order declaring these premises to be drug premises.
Dated............................................................
Signed............................................................
[member of Police Force]
delete if inapplicable
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 18
FORM 7
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11F(3)
RECORD OF SECOND FINDING OF DANGEROUS DRUG AT
COMMERCIAL OR LIQUOR LICENCE PREMISES
Address of commercial or liquor licence premises at which dangerous
drug was found.
Names of:
– owner of premises*
– landlord of premises*
– tenants of premises*
– for liquor licence premises – the licensee within the meaning of the
Liquor Act 2019*.
Type and quantity of dangerous drug found at premises.
Date and time of finding of dangerous drug.
Place in premises at which the dangerous drug was found.
Names of persons in whose apparent possession the dangerous drug
was found:
– owner of premises*
– landlord of premises*
– tenant of premises*
– person employed by or acting on for and on behalf of owner, landlord
or tenant*.
Names of persons at premises when dangerous drug was found:
– owner of premises*
– landlord of premises*
– tenant of premises*
– person employed by or acting on for and on behalf of owner, landlord
or tenant*.
Reasons for suspicion that dangerous drug has been supplied at or
from premises.
Name of member of Police Force who found dangerous drug at
premises.
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 19
10. Date on which first record of finding of dangerous drug at premises
made under section 11E(3) of Misuse of Drugs Act 1990.
Dated............................................................
Signed............................................................
[member of Police Force]
delete if inapplicable
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 20
FORM 8
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11F(4)
NOTICE OF SECOND FINDING OF DANGEROUS DRUG AT COMMERCIAL
OR LIQUOR LICENCE PREMISES
TO: The licensee within the meaning of the Liquor Act 2019* owner* landlord*
tenant* of [address of commercial premises or liquor licence premises
to which notice relates].
In accordance with section 11F(4) of the Misuse of Drugs Act 1990, I, [name
of member of Police Force issuing notice] give notice that:
The following dangerous drug was found at the above premises on
[date of second finding] at [approximate time of second finding]:
[describe type and quantity of dangerous drug found at premises]
The dangerous drug was:
– apparently in the possession of [name of person], who is an owner*
landlord* tenant* person employed by or acting for and on behalf of
an owner, landlord or tenant of the premises*
– in a room in the premises to which only an owner, landlord or tenant
of the premises (or a person employed by or acting for and on behalf
of an owner, landlord or tenant of the premises) had access*.
The following persons were at the premises at the time the dangerous
drug was found:
– owner of premises*
– landlord of premises*
– tenant of premises*
– person employed by or acting for and on behalf of an owner, landlord
or tenant of the premises*.
I believe that a dangerous drug has been supplied at or from the
premises.
A record under section 11E(3) of the Misuse of Drugs Act 1990 of the
finding of a dangerous drug at the premises was made on [date of
record].
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 21
A notice under section 11E(4) of the Misuse of Drugs Act 1990 of the
finding of a dangerous drug at the premises was issued on [date of
issue of first notice of finding].
A record under section 11F(3) of the Misuse of Drugs Act 1990 of the
finding (referred to in item 1) of a dangerous drug at the premises was
made on [date of record].
WARNING
This is the first separate occasion on which a dangerous drug has been found
at the premises within 12 months after a record was made under
section 11E(3) of the Misuse of Drugs Act 1990 in relation to the premises.
If:
(a) a dangerous drug is found at the premises on another separate
occasion within 12 months after the record was made under
section 11E(3) of the Misuse of Drugs Act 1990 in relation to the
premises in circumstances in which a notice of finding of a dangerous
drug may be given in relation to the premises under Part II, Division 1A
of the Misuse of Drugs Act 1990; and
(b) the Commissioner of Police is satisfied that dangerous drugs have
been supplied at or from the premises,
the Commissioner of Police may apply under section 11D(4) of the Misuse of
Drugs Act 1990 for an order declaring these premises to be drug premises.
Dated............................................................
Signed............................................................
[member of Police Force]
delete if inapplicable
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 22
FORM 9
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11G(1)
RECORD OF THIRD OR SUBSEQUENT FINDING OF DANGEROUS DRUG
AT RESIDENTIAL PREMISES
Address of residential premises at which dangerous drug was found.
Type and quantity of dangerous drug found at premises.
Date and time of finding of dangerous drug.
Place in premises at which dangerous drug found.
Names of known residents of premises.
Names of residents and other persons at premises when dangerous
drug was found.
Reasons for suspicion that dangerous drug has been supplied at or
from premises.
Name of member of Police Force who found dangerous drug at
premises.
Date on which first record of finding of dangerous drug at premises
made under section 11E(1) of Misuse of Drugs Act 1990.
Date on which second record of finding of dangerous drug at premises
made under section 11F(1) of Misuse of Drugs Act 1990.
Dated............................................................
Signed............................................................
[member of Police Force]
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 23
FORM 10
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11G(2)
NOTICE OF THIRD OR SUBSEQUENT FINDING OF DANGEROUS DRUG
AT RESIDENTIAL PREMISES
TO: The owner* landlord* tenant* of [address of residential premises to which
notice relates].
In accordance with section 11G(2) of the Misuse of Drugs Act 1990, I, [name
of member of Police Force issuing notice] give notice of the following:
The following dangerous drug was found at the above premises on
[date of third or subsequent finding] at [approximate time of third or
subsequent finding]:
[describe type and quantity of dangerous drug found at premises]
The following residents of the premises* other persons* were at the
premises at the time the dangerous drug was found:
I believe that a dangerous drug has been supplied at or from the
premises.
A record under section 11E(1) of the Misuse of Drugs Act 1990 of the
finding of a dangerous drug at the premises was made on [date of
record].
A notice under section 11E(2) of the Misuse of Drugs Act 1990 of the
finding of a dangerous drug at the premises was issued on [date of
issue of first notice of finding].
A record under section 11F(1) of the Misuse of Drugs Act 1990 of the
finding of a dangerous drug at the premises was made on [date of
record].
A notice under section 11F(2) of the Misuse of Drugs Act 1990 of the
finding of a dangerous drug at the premises was issued on [date of
issue of second notice of finding].
A record under section 11G(1) of the Misuse of Drugs Act 1990 of the
finding (referred to in item 1) of a dangerous drug at the premises was
made on [date of record].
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 24
WARNING
This is the second or subsequent separate occasion on which a dangerous
drug has been found at the premises within 12 months after a record was
made under section 11E(1) of the Misuse of Drugs Act 1990 in relation to the
premises.
If the Commissioner of Police is satisfied that dangerous drugs have been
supplied at or from the premises, he or she may apply under section 11D(3) of
the Misuse of Drugs Act 1990 for an order declaring these premises to be
drug premises.
Dated............................................................
Signed............................................................
[member of Police Force]
delete if inapplicable
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 25
FORM 11
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11G(3)
RECORD OF THIRD OR SUBSEQUENT FINDING OF DANGEROUS DRUG
AT COMMERCIAL OR LIQUOR LICENCE PREMISES
Address of commercial or liquor licence premises at which dangerous
drug was found.
Names of:
– owner of premises*
– landlord of premises*
– tenants of premises*
– for liquor licence premises – the licensee within the meaning of the
Liquor Act 2019*.
Type and quantity of dangerous drug found at premises.
Date and time of finding of dangerous drug.
Place in premises at which the dangerous drug was found.
Names of person in whose apparent possession dangerous drug was
found:
– owner of premises*
– landlord of premises*
– tenant of premises*
– person employed by or acting on for and on behalf of owner, landlord
or tenant*.
Names of persons at premises when dangerous drug was found:
– owner of premises*
– landlord of premises*
– tenant of premises*
– person employed by or acting on for and on behalf of owner, landlord
or tenant*.
Reasons for suspicion that dangerous drug has been supplied at or
from premises.
Name of member of Police Force who found dangerous drug at
premises.
Date on which first record of finding of dangerous drug at premises
made under section 11E(3) of Misuse of Drugs Act 1990.
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 26
11. Date on which second record of finding of dangerous drug at premises
made under section 11F(3) of Misuse of Drugs Act 1990.
Dated............................................................
Signed............................................................
[member of Police Force]
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 27
FORM 12
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11G(4)
NOTICE OF THIRD OR SUBSEQUENT FINDING OF DANGEROUS DRUG
AT COMMERCIAL OR LIQUOR LICENCE PREMISES
TO: The licensee within the meaning of the Liquor Act 2019* owner* landlord*
tenant* of [address of commercial premises or liquor licence premises
to which notice relates].
In accordance with section 11G(4) of the Misuse of Drugs Act 1990, I, [name
of member of Police Force issuing notice] give notice that:
The following dangerous drug was found at the above premises on
[date of finding) at [approximate time of finding]:
[describe type and quantity of dangerous drug found at premises]
The dangerous drug was apparently:
– in the possession of [name of person], who is an owner* landlord*
tenant* person employed by or acting for and on behalf of an owner,
landlord or tenant of the premises*
– in a room in the premises to which only an owner, landlord or tenant
of the premises, or a person employed by or acting for and on behalf
of an owner, landlord or tenant of the premises had access*.
The following persons were at the premises at the time the dangerous
drug was found:
– owner of premises*
– landlord of premises*
– tenant of premises*
– person employed by or acting for and on behalf of an owner, landlord
or tenant of the premises*.
I believe that a dangerous drug has been supplied at or from the
premises.
A record under section 11E(3) of the Misuse of Drugs Act 1990 of the
finding of a dangerous drug at the premises was made on [date of
record].
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 28
A notice under section 11E(4) of the Misuse of Drugs Act 1990 of the
finding of a dangerous drug at the premises was issued on [date of
issue of first notice of finding].
A record under section 11F(3) of the Misuse of Drugs Act 1990 of the
finding of a dangerous drug at the premises was made on [date of
record].
A notice under section 11F(4) of the Misuse of Drugs Act 1990 of the
finding of a dangerous drug at the premises was issued on [date of
issue of second notice of finding].
A record under section 11G(3) of the Misuse of Drugs Act 1990 of the
finding (referred to in item 1) of a dangerous drug at the premises was
made on [date of record].
WARNING
This is the second or subsequent separate occasion on which a dangerous
drug has been found at the premises within 12 months after a record was
made under section 11E(3) of the Misuse of Drugs Act 1990 in relation to the
premises in circumstances in which a notice of finding of a dangerous drug
may be given in relation to the premises under Part II, Division 1A of the
Misuse of Drugs Act 1990.
If the Commissioner of Police is satisfied that dangerous drugs have been
supplied at or from the premises, he or she may apply under section 11D(4) of
the Misuse of Drugs Act 1990 for an order declaring these premises to be
drug premises.
Dated............................................................
Signed............................................................
[member of Police Force]
delete if inapplicable
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 29
FORM 13
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11N(2)(b)
NOTICE OF MAKING OF DRUG PREMISES ORDER
You have been served with a copy of a drug premises order made under
section 11D of the Misuse of Drugs Act 1990 in relation to the premises at
[address].
A drug premises order has the following effect:
The premises may be searched by a member of the Police Force at
any time without a warrant.
A person on the premises may be searched and an order may be
sought authorising the performance of an internal search of the body of
the person.
A person on the premises at the time a dangerous drug is found on the
premises may be charged with possession of the drug.
An object on the premises that relates to an offence that may have
been committed on the premises may be seized.
A restraining order may be issued to a person who breaches the peace
on these premises.
If you are on the premises or within 200 metres of the premises and a
member of the Police Force believes you are associated with the
premises, you may be required to tell him or her your name and
address.
WARNING
A notice under section 11Q of the Misuse of Drugs Act 1990 will
be affixed to the premises within 7 days after the date on which
this notice is served, unless an owner, landlord or tenant serves
on the Commissioner of Police notice of an application under
section 11P of the Misuse of Drugs Act 1990 for the revocation of
the drug premises order. An appeal under section 19 of the Local
Court (Civil Procedure) Act 1989 to the Supreme Court may not be
lodged until such an application has been made and has been
refused.
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 30
FORM 14
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 11Q(1)
NOTICE
WARNING: THESE PREMISES ARE DRUG PREMISES UNDER THE
MISUSE OF DRUGS ACT 1990
The premises may be searched by a member of the Police Force at any time
without a warrant.
A person on the premises may be searched and an order may be sought
authorising the performance of an internal search of the body of the person.
A person on the premises at the time a dangerous drug is found on the
premises may be charged with possession of the drug.
An object on the premises that relates to an offence against the Misuse of
Drugs Act 1990 that may have been committed on the premises may be
seized.
A restraining order may be issued to a person who breaches the peace on
these premises.
If you are on the premises or within 200 metres of the premises and a
member of the Police Force believes you are associated with the premises,
you may be required to tell him or her your name and address.
It is an offence to tamper with, deface, remove, damage or alter this notice
while it remains in force.
Commissioner of Police
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 31
FORM 15
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 19C(2)
REQUEST FOR RELEASE OF SEIZED PROPERTY FOR ANALYSIS OR
EXAMINATION
To: Commissioner of Police
On the …….. of ……………………20…..
[day] [month] [year]
Police seized property [brief description of property seized – e.g. leaf matter,
powder in bag] that is, or may be, a dangerous drug or precursor at:
…………………………………………………
[address]
I ………………………….. of ………………………………………………,
[name] [address]
being a person who has been or is to be charged with an offence in relation to
the property, apply for the release of a sample or samples of the property for
the purpose of conducting an analysis or examination.
I specify ………………………………………….
[name of person proposed]
as the person to have custody of this property for the purpose of conducting
the analysis or examination.
Note: The specified person must be authorised under this Act, another Act of
the Territory or an Act of the Commonwealth, a State or another
Territory to have possession of the dangerous drug or precursor.
Signed …………………………….
Schedule 3 Forms in relation to drug premises
Misuse of Drugs Regulations 1990 32
FORM 16
NORTHERN TERRITORY OF AUSTRALIA
Misuse of Drugs Act 1990
section 19PA(2)
REQUEST FOR RELEASE OF SUBSTANCE FOR ANALYSIS OR
EXAMINATION
To: Commissioner of Police
On the …….. of ……………………20…..
[day] [month] [year]
Police seized a substance (that is or may be a substance other than a
dangerous drug or precursor) at:
…………………………………………………
[address]
The substance is to be destroyed under section 19P of the Misuse of Drugs
Act 1990.
I understand that the substance has now been analysed/examined by an
analyst.
I …………………………….. of ……………………………………………,
[name] [address]
being the owner of the substance, apply for the release of a sample or
samples of the substance for the purpose of conducting an analysis or
examination.
I specify ………………………………………….
[name of person]
as the person to have custody of the substance for the purpose of conducting
the analysis or examination.
Signed …………………………….
ENDNOTES
Misuse of Drugs Regulations 1990 33
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Misuse of Drugs Regulations (SL No. 43, 1990)
Notified 10 October 1990
Commenced 1 November 1990 (r 1, s 2 Misuse of Drugs Act 1990 (Act
No. 15, 1990) and Gaz G40, 10 October 1990, p 3)
Amendment of Misuse of Drugs Regulations (SL No. 15, 1995)
Notified 10 May 1995
Commenced 10 May 1995
Amendments of Misuse of Drugs Regulations (SL No. 25, 2002)
Notified 1 August 2002
Commenced 1 August 2002
Misuse of Drugs Amendment Regulations (SL No. 35, 2004)
Notified 24 November 2004
Commenced 24 November 2004
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date 14 December 2005
Commenced 14 December 2005
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Assent date 20 May 2010
Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)
Misuse of Drugs Amendment Regulations 2012 (SL No. 32, 2012)
Notified 3 August 2012
Commenced 3 August 2012
Misuse of Drugs Amendment Act 2015 (Act No. 31, 2015)
Assent date 8 December 2015
Commenced 17 December 2015 (Gaz S115, 17 December 2015)
ENDNOTES
Misuse of Drugs Regulations 1990 34
Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (Gaz S34, 29 April 2016)
Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016)
Assent date 8 June 2016
Commenced s 17 (to ext ins new s 15): 10 October 2016;
rem: 18 July 2016 (Gaz S67, 18 July 2016)
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: rr 1 and 4 and sch 1 and 3.
4 LIST OF AMENDMENTS
rr 2A – 2B ins Act No. 17, 2016, s 40
r 4 amd No. 25, 2002, r 2; Act No. 12, 2010, s 3; Act No. 26, 2020, s 3
r 5 ins No. 15, 1995
rep No. 35, 2004, r 3
r 6 ins No. 25, 2002, r 3
rep Act No. 17, 2016, s 41
r 6A ins No. 32, 2012, r 3
rep Act No. 17, 2016, s 41
rr 7 – 11 ins No. 25, 2002, r 3
r 12 ins No. 25, 2002, r 3
amd Act No. 12, 2010, s 3
sub Act No. 17, 2016, s 42
r 13 ins No. 25, 2002, r 3
rr 14 – 15 ins Act No. 31, 2015, s 11
sch 1 amd No. 25, 2002, r 4
sch 2 ins No. 25, 2002, r 5
amd No. 35, 2004, r 4; Act No. 17, 2016, s 42
sch 3 ins No. 25, 2002, r 5
amd No. 35, 2004, r 5; Act No. 44, 2005, s 35; Act No. 9, 2016, s 160; Act
No. 26, 2020, s 3