Drug misuse and trafficking act 1985 pdf file

Section of the drug misuse and trafficking act 1985 is administration of drugs to others and is extracted below. Any substance that is an analogue of a drug prescribed in this schedule is not separately. Drug misuse and trafficking act 1985 sect 25 supply of. Drug possession is one of the most common offences dealt with in the local courts and involves having an illegal drug under your custody and control. Integrity and professional standards branch of customs and border protection have commenced an investigation. The objectives of the drugs misuse and trafficking act 1985 are to clarify the distinctions between. A drug dependent person means a person who has acquired, as a result of repeated administration of any of the following drugs, an overpowering desire for the continued administration of a drug of addiction schedule 8, or a prohibited drug within the meaning of the drug misuse and trafficking act 1985. Gabrielle upton, mp attorney general explanatory note the object of this regulation is to amend the table of prohibited plants and drugs in schedule 1 to the drug misuse and trafficking act 1985 to.

Drug misuse and trafficking act 1985 sect 24 manufacture and production of prohibited drugs 24 manufacture and production of prohibited drugs 1 a person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug is guilty of an offence. Drug offences are charged under the drug misuse and. Drug offences can include use s 12, possession s 10 and supply s 25 of a prohibited substance. The offence of supplying dangerous drugs s 6 drug misuse act attracts a penalty of up to 25 years imprisonment if the drug supplied is a sch 1 drug or 20 years if it is a sch 2 drug, and a circumstance of aggravation applies where the drug is supplied by an adult a person 18 years or over to. It is an offence under section 10 of the drug misuse and trafficking act 1985 nsw. Click on a link below to read the relevant section of the act. Drug misuse and trafficking act 1985 sect 3 definitions 3 definitions 1 in this act, except in so far as the context or subjectmatter otherwise indicates or requires. Criminal code 2002 act s 603 drug misuse and trafficking act 1985 nsw s 25 evidence act 2011 act s 128 cases cited. Drugs misuse act 1986 an act to consolidate and amend th e law relating to the misuse of drugs and to make further provision for the prevention of the misuse of drugs and for other purposes part 1 preliminary 1 short title this act may be cited as the drugs misuse act 1986.

It is an offence under the drug misuse and trafficking act 1985 to cultivate or possess lowthc hemp unless it was cultivated or supplied under authority of the hemp industry act 2008, regardless of the amount of thc that the lowthc hemp. States antidrug abuse act of 1986 specified a differential limit for. Pdf abstract illicit drug trafficking is globally identified as a threat to national security, especially in nigeria. Uniting medically supervised injecting centre wikipedia. The drug misuse and trafficking act 1985 is the main piece of legislation dealing with drug cases in nsw. Section 33aa of the drug misuse and trafficking act increases the maximum penalty for. Drug misuse and trafficking act 1985 sect 5 meaning of use and administer 5 meaning of use and administer in this act, a reference to the use or administration of a prohibited drug includes a reference to the ingestion, injection and inhalation of a prohibited drug, the smoking of a prohibited drug, the inhalation of fumes caused by the heating or burning of a prohibited drug and any. Drug misuse and trafficking act 1985 nsw uni study guides. Drug misuse and trafficking amendment bill 2005 this explanatory note relates to this bill as introduced into parliament. Drug trafficking in australia is deemed a very serious offence, one for which. The sentence is determined by the quantity and type of drug. It amended the drug misuse and trafficking act 1985 and the drug misuse and trafficking regulation 2011 to introduce new police procedures for drug exhibits. Evaluating australian drug trafficking thresholds criminology. Sentencing drug offenders national criminal justice.

Materials and commentary on criminal law and process in new south wales, 5th edition, federation press, 2011, pp. Drugs of abuse, a dea resource guide, is designed to be a reliable resource on the most commonly abused and misused drugs in the united states. The dmta has also been amended to make it an offence to possess, supply, or. For commencement and other details see the historical notes. Drugs and drug trafficking act south african government. The court of criminal appeal has said many times that the need for general deterrence is high in cases involving dealing in and supplying prohibited drugs. Schedule of prohibited plants and drugs drug misuse and trafficking act 1985. Page drug misuse and trafficking act 1985 no 226 section 21 historical version for 8.

The drug misuse and trafficking act 1985 prohibits the cultivation, manufacture, supply, possession and use of certain drugs. Supply of prohibited drugs judicial commission of new. Almost all offences in the crimes act state the maximum penalty. Administration of drugs to others section drug misuse. The code aims, among other things, to prevent the import and export of prohibited drugs. Drug offences trraafff iicckkiinngg uinn ccoonnttrroolllleedd. This is an act to make provision for the recovery of the proceeds of drug trafficking and other provisions in connection with drug trafficking. Currently, the new south wales maximum penalty for the. The penalty for an offence under this division is a fine of 20 penalty units or imprisonment for a term of 2 years, or both. The most important offences related to dangerous drugs created by the drugs misuse act 1986 drugs misuse act are. Overview of bill the object of this bill is to make miscellaneous amendments to the drug misuse and trafficking act 1985 the principal act and other legislation relating to the. Drug misuse and trafficking act 1985 sect 3 definitions 3 definitions 1 in this act, except in so far as the context or subjectmatter otherwise indicates or requires analyst means any of the following. Drug misuse and trafficking act 1985 sect 25 supply of prohibited drugs 25 supply of prohibited drugs 1 a person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence. Prohibited drugs are the drugs prohibited under the drug misuse and trafficking act 1985 other than methadone, buprenorphine or any other drug.

Drug misuse and trafficking amendment drug exhibits bill. The customs act covers international trafficking and the importation and exportation of drugs. All the provisions displayed in this version of the legislation have commenced. Controlled drugs drug precursors community external trade regulations 2008 reg 8 921, 35 unlawful importation of a drug controlled 17 under the misuse of drugs act 1971. Drug misuse and trafficking act 1985 nsw legislation.

Commonwealth criminal code the commonwealth criminal code is a federal law, so it applies to all of australia, including new south wales. Schedule 8 cannabis medicines and unregistered schedule 8. Drug possession section 10 drug misuse and trafficking. For other offences, such as in the drug misuse and trafficking act 1985 nsw, the maximum penalty will be found within the act but not in the section of the act where the particular offence is set out. A drug dependent person means a person who has acquired, as a result of repeated administration of a drug of addiction or a prohibited drug within the meaning of the drug misuse and trafficking act 1985, an overpowering desire for the continued administration of such a drug section 27 of the poisons and therapeutic goods act 1966. Drug misuse and trafficking act 1985 sect 11 possession of equipment for administration of prohibited drugs 11 possession of equipment for administration of prohibited drugs 1 a person who has in his or her possession any item of equipment for use in the administration of a prohibited drug is guilty of an offence. Education plays a critical role in preventing substance abuse. Maximum penalties for table 2 offences dealt with summarily 50 pu or imprisonment for 2 yrs, or both. Penalties imposed for the offence of possess prohibited drug section 101 of the drug misuse and trafficking act 1985 nsw local court 1 april 2014 30 march 2018 penalty type cases percentage. The uniting medically supervised injecting centre kings cross also known as uniting msic or sydney medically supervised injecting centre is a state governmentsupported facility in kings cross, new south wales that provides safe injecting rooms, sterile equipment and medical supervision for individuals who wish to administer an illicit drug intravenously. Sep 03, 2015 drug offences are charged under the drug misuse and trafficking act 1985.

Minister for agricultural industry development and fisheries agency. The range of drugs again listed in a schedule is similar to that in. Drug misuse and trafficking amendment drug exhibits bill 2016. Regulation under the drug misuse and trafficking act 1985. Working party on the use of cannabis for medical purposes. In australias federal system drug legislation is made by the federal, state and territory governments.

Pdf file the drug trafficking recovery of proceeds act, chapter 178 came into force on 30th march 1996. Drug offences and penalties in queensland queensland law. Drug misuse and trafficking act 1985 criminal drug defence. Drug misuse and trafficking act 1985 sect 10 possession of prohibited drugs 10 possession of prohibited drugs 1 a person who has a prohibited drug in his or her possession is guilty of an offence. Drug misuse and trafficking act 1985 as at 26 september. Drug misuse in the late 1990s poses many problems for our society.

Drug misuse and trafficking act 1985 as at 26 september 2019 act 226 of 1985 table of provisions long title part 1 preliminary 1. Drug misuse and trafficking act 1985 act 226 of 1985. The legal framework provided by the misuse of drugs act 1971 and other legislation provides some of the tools needed to. An act to amend the drug misuse and trafficking act 1985 and the drug misuse and trafficking regulation 2011 with respect to dealing with prohibited plants, prohibited drugs and other substances in police custody. This comprehensive guide provides important information about the harms and consequences of. Drug misuse and trafficking act 1985 sect 11 possession of.

We would like to show you a description here but the site wont allow us. This version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the. Authorisation this version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the nsw legislation website, and is certified as the form of that legislation that is correct under section 45c of the interpretation act 1987. Drug misuse and trafficking act 1985 sect 5 meaning of. Home the queensland law handbook offenders and victims drugs drug offences and penalties in queensland. Misuse of drugs act is the name of several similar national drug control laws passed by countries in the commonwealth of nations and by the republic of ireland. Any substance that is an analogue of a drug prescribed in this schedule is not separately specified in this schedule and is, in relation to the drug, any of the followinga a structural isomer having the same constituent groups as the drug,b a structural modification obtained in one or more of the following waysi the replacement of up to 2. Legislative thresholds for drug possession and traffic. A prohibited drug refers to any preparation, admixture or other substance containing the drug.

Mar 30, 2017 drugs misuse act 1986 an act to consolidate and amend th e law relating to the misuse of drugs and to make further provision for the prevention of the misuse of drugs and for other purposes part 1 preliminary 1 short title this act may be cited as the drugs misuse act 1986. If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your administration of drugs to others case, call sydney criminal lawyers today on 02 9261 8881 for a free first appointment. S 921 unknown class of drug 923 class a drug 924 class b drug 925 class c drug 9217 khat customs and excise management act 1979 secs 50pt, 170pt. Drug misuse and trafficking act 1985 sect 3 definitions. Drug misuse and trafficking act 1985 sect 25a offence. Relationship with poisons and therapeutic goods act 1966 8a. The profession has been enriched not only by michael mchugh sc but of course his father. With the exception of irelands 1977 act, they all sort drugs into three categories, classes a, b, and c. Commission of new south wales, 2012 and victorian sentencing manual judicial. Drug misuse and trafficking act 1985 sect 25a offence of supplying prohibited drugs on an ongoing basis 25a offence of supplying prohibited drugs on an ongoing basis 1 offence provision a person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug other than cannabis for financial or material reward is guilty of an offence.

Section 1 drug misuse and trafficking act 1985 no 226 historical version for 8. Some common offences under the drug misuse and trafficking act 1985 nsw under construction research notes research note on s 16a of the bail act 20 show cause requirement case extracts. Tackling drugs to build a better britain the governments tenyear strategy for tackling drugs misuse. This explanatory note relates to this bill as introduced. The flow diagram explains the new procedures, following the commencement of the amending act, including any time limits. In 2010, the trial status of msic was lifted with the assent of the drug misuse and trafficking. Transitional provision for offence of trafficking in dangerous drugs 122. Drug misuse and trafficking act 1985 no 226 nsw legislation. The trial was established through an amendment to the drugs misuse and trafficking act 1985 the act, which allowed the licencing of one injecting centre, at one location for a specified trial period. Misuse of drugs act 1981 contents as at 30 aug 2018 version 07c000 page vii published on. Frequently asked questions department of primary industries. Schedule 1 to the act specifies over 240 prohibited drugs or plants. The misuse of drugs act mda is the main legislation for drug offences in brunei darussalam. The bill amends the drug misuse and trafficking act 1985 and drug misuse and trafficking regulation 2011 to improve and consolidate the testing, transportation and destruction of illegal drugs seized by the nsw police force, and decreases the time.