Drug misuse and trafficking act 1985 criminal drug defence. The drug misuse and trafficking amendment methylamphetamine regualtion 2015 nsw has been published on the legislation nsw website. There is no need for the prosecution to prove that you owned the drugs you can still be charged with this offence where you were simply holding them for a friend. Sep 03, 2015 drug offences are charged under the drug misuse and trafficking act 1985. The misuse of drugs act 1971 modification order 1985. Youth drug court will combine intensive judicial supervision and case. Offenders act 1997 and the young offenders regulation 2004 set out in schedule 2. Without limiting anything in subsection 4 or in part 1 or section 39 or section 81 of the sentencing act 2002, where any person is convicted of an offence relating to a class a controlled drug or a class b controlled drug against any of paragraphs a, b, c, and f of subsection 1, the judge or court, if he or it decides to impose a. Misuse of drugs law 2014 revision designated country means a country or territory outside the islands designated by an order made under section 341. This act may be cited as the drug misuse and trafficking amendment act 1988. This act commences on a day or days to be appointed by proclamation. Drug misuse and trafficking act 1985 as at 26 september 2019 act 226 of 1985 table of provisions long title part 1 preliminary 1.
When the quantity of drugs found in an individuals possession is above the traffickable quantity, the prosecution can rely on. Whilst much of this act consolidated earlier legislation, it introduced some important changes. The drug misuse and trafficking act 1985 prohibits the cultivation, manufacture, supply, possession and use of certain drugs. The substance formerly known only as ald52 is now described as. 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 a a person employed by the government of new south. For controlled drugs, commercial and marketable quantity are defined under ss 301. Drug offences are charged under the drug misuse and. It set up the advisory council on the misuse of drugs, it introduced the concept of irresponsible prescribing, the tribunal procedure which is no longer used and gave the home secretary the power to introduce strict standards of security rather than the lock and key.
The drug misuse and trafficking act 1985 covers all prohibited drugs. Assented to, 9 may 1986 see also bail amendment act 1986. Section 1 drug misuse and trafficking act 1985 no 226 historical version for 8. Drug misuse and trafficking act 1985 sect 4 admixtures 4 admixtures. The court has also said the social consequences of the criminal trade in. We would like to show you a description here but the site wont allow us.
The drug misuse and trafficking act 1985 is the main piece of legislation dealing with drug cases in nsw. Drug misuse and trafficking amendment bill 2005 this explanatory note relates to this bill as introduced into parliament. Drug misuse and trafficking act 1985 sect 25 supply of. Current version for 26 september 2019 to date accessed 25 april 2020 at 03. The sentence is determined by the quantity and type of drug. The errors in the acmd report which were duly transcribed into the draft legislation s. To every member of the police and every officer of customs whereas full name, address, occupation in this warrant called the detained person was on date, place caused to be detained under section a of the misuse of drugs amendment act 1978 and is presently so detained in address of premises. Drug misuse and trafficking act 1985 nsw uni study guides. Commencement this act shall come into operation on a day to be fixed by proclamation. Drug misuse and trafficking act 1985 as at 26 september. 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.
Index table search search this act notes noteup download history help. Criminal law guidebook chapter 9 drugs offences oxford. Drug misuse and trafficking amendment ongoing dealing. The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. This act is the drug misuse and trafficking amendment ongoing dealing act 1998. The state of tasmania the department of premier and cabinet 2020 ver. Drug misuse and trafficking act 1985 sect 36d definitions. This act may be cited as the drug misuse and trafficking act 1985. Drug misuse and trafficking act 1985 sect 3 definitions. 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 operation of drug law in new south wales as set out in the outline below. Drug misuse and trafficking act 1985 sect 4 admixtures. Amended by justice laws rationalisation act 18 of 1996. The misuse of drugs act 1971 is an act of the parliament of the united kingdom.
A prohibited drug refers to any preparation, admixture or other substance containing the drug. As amended to justice legislation amendment act 2019 no 10. It is an offence under section 10 of the drug misuse and trafficking act 1985 nsw. The drug misuse and trafficking act 1985 is referred to in this act as the principal act.
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. 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. For drug analogues of controlled drugs, the relevant quantities are defined under item 2 of ss 301. You are directed to a disclaimer and notice governing the information provided.
The object of this regulation is to decrease, from one kilogram to half a kilogram, the threshold at which a quantity of the prohibited drug methylamphetamine also known as ice is considered a large commercial quantity for the purposes of the drug misuse. Section 10 drug misuse and trafficking act 1985 drug possession. Misuse of drugs act 2001 tasmanian legislation online. Drug misuse and trafficking act 1985 nsw section 10 drug misuse and trafficking act 1985 drug possession. New south wales drug misuse and trafficking act 1985, as at 6 july 2009 act 226 of 1985. 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. Commencement this act shall come into operation on a day to be fixed by proclamation 1. It represents action in line with treaty commitments under the single convention on narcotic drugs, the convention on psychotropic substances, and the united nations convention against illicit traffic in narcotic drugs and psychotropic substances offences under the act include. Schedule 1 amendment of drug misuse and trafficking act 1985 schedule 1 1 amends the principal act to provide that it does not apply to persons conducting clinical trials of prohibited drugs who are acting under an authority. 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. The penalty for an offence under pt 2 div 1 is a fine of 20 pu or imprisonment for 2 years, or both. 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. Click on a link below to read the relevant section of the act. The profession has been enriched not only by michael mchugh sc but of course his father.
The customs act covers international trafficking and the importation and exportation of drugs. Amended by prevention of organised crime act 121 of 1998 from 21 jan 1999. Misuse of drugs detention regulations 1985 sr 1985244. Misuse of drugs act 1975 no 116 as at august 2019. Drug offences can include use s 12, possession s 10 and supply s 25 of a prohibited substance.
Drug misuse and trafficking act 1985 sect 10 possession of. Current version for 2 july 2018 to date accessed 9 march 2019 at 04. Legislative comment the 1999 drug summit provided a. Schedule of prohibited plants and drugs drug misuse and trafficking act 1985. With the exception of irelands 1977 act, they all sort drugs into three categories, classes a, b, and c. Drug misuse and trafficking act 1985 nsw legislation. Currency of version current version for 26 september 2019 to date accessed 25 april 2020 at 03. You are directed to information on how your personal information is protected. Drug misuse and trafficking amendment drug exhibits bill. Drug possession section 10 drug misuse and trafficking. Drug misuse and trafficking amendment drug exhibits bill 2016. Drugs and drug trafficking act south african government.
Police can also charge you with deemed supply under section 29 of the drug misuse and trafficking act 1985. 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. 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. Drug misuse and trafficking act 1985 nsw the drug misuse and trafficking act 1985 nsw prohibits the cultivation, manufacture, supply, possession and use of certain drugs. Click view more or select more resources tab for additional information including. Page drug misuse and trafficking act 1985 no 226 section 21 historical version for 8. The misuse of drugs act 1971 was proclaimed into force in two stages. It has allowed a loophole as synthetic drug producers can adapt the chemical composition of synthetic drugs to evade specific regulatory bans. Legislative thresholds for drug possession and traffic. This section allows the prosecution to rely on the quantity of a prohibited drug found in a persons possession to prove that the drugs were for supply. Drug misuse and trafficking amendment ongoing dealing act. This classification system was influenced by the single convention on narcotic drugs and other drug control treaties. Amended by international cooperation in criminal matters act 75 of 1996. Amendment of drug misuse and trafficking act 1985 no.
Interpretation 1 in this act, unless the contrary intention appears. Illicit drug trafficking is a securi ty issue because their misuse is a threat in the society because it has consequences of damaging health, the economy, political institutions and the sociocultural. This unhappy young man was facing the very real prospect of going to prison. Schedule 1 to the act specifies over 240 prohibited drugs or plants. 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. Drug misuse and trafficking act 1985 no 226 nsw legislation. Drug misuse and trafficking act 1985 sect 36d definitions 36d definitions. 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. 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. This order adds to part ii of schedule 2 to the misuse of drugs act 1971 which specifies the class b drugs which are subject to control under the act, glutethimide, lefetamine and pentazocine and removes therefrom the explicit reference to dexamphetamine which, as a stereoisomeric form of amphetamine, is included in part ii by virtue of paragraph 2. Short title this act may be cited as the misuse of drugs act 1981 1. 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. In this act, a reference to a prohibited drug includes a reference to any preparation, admixture, extract or other substance containing any proportion of the prohibited drug. Drug offences are charged under the drug misuse and trafficking act 1985.
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