Drug misuse and trafficking act 1985 no 226 nsw legislation. Drug misuse and trafficking act 1985 sect 3 definitions. Drug misuse and trafficking act 1985 as at 26 september. 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 sect 33 penalties. A prohibited drug refers to any preparation, admixture or other substance containing the drug. Drug trafficking offences act acts 4 of 1990, 9 of 1991 and s. An act to amend the drug misuse and trafficking act 1985 to make further provision in relation to the prohibition of the manufacture, supply, possession and use of certain drugs. As amended to justice legislation amendment act 2019 no 10.
Overview of bill the objects of this bill are as follows. Drug misuse and trafficking act 1985 sect 46 transitional. Maximum penalties range from imprisonment for 10 years to life. 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. Once drug trafficking is adequately addressed, this note will posit a government regulatory regime to confront the domestic problem. Drug misuse and trafficking act 1985 sect 24b possession of prohibited drug precursors 24b possession of prohibited drug precursors 1 a person who has in his or her possession a precursor of a quantity not less than the quantity prescribed by the regulations in relation to that precursor is guilty of an offence.
Relationship with poisons and therapeutic goods act 1966 8a. Amended by prevention of organised crime act 121 of 1998 from 21 jan 1999. The parliamentary counsels office is progressively updating certain formatting styles in versions of nsw in force legislation published from 29 july 2019. This policy outlines the necessary criteria for the secretary, department of trade and investment, regional infrastructure and services dtiris to appoint suitably qualified persons to give a certificate in. Tio155 appointment of officers under s435 of the drug. The drug misuse and trafficking amendment methylamphetamine regualtion 2015 nsw has been published on the legislation nsw website. 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.
The court has also said the social consequences of the criminal trade in. Memorandum law on synthetic psychoactive drugs and loopholes. 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 4 admixtures. Tio155 appointment of officers under s435 of the drug misuse and trafficking act 1985. Section 1 drug misuse and trafficking act 1985 no 226 historical version for 1. 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. Drug misuse and trafficking act 1985 sect 23a offences. 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.
Drug misuse and trafficking act 1985 sect 36d definitions. It is one of the most serious drug related offences. 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. Drug misuse and trafficking amendment bill 2005 new south wales an act to amend the drug misuse and trafficking act 1985 to make further provision in relation to the prohibition of the manufacture, supply, possession and use of certain drugs. Drug misuse and trafficking act 1985 criminal drug defence. Schedule of prohibited plants and drugs drug misuse and trafficking act 1985. Drug misuse and trafficking act 1985 sect 36y allowing. We would like to show you a description here but the site wont allow us. 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.
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 drug misuse and trafficking act 1985 covers all prohibited drugs. Drug misuse and trafficking act 1985 sect 23 offences with respect to prohibited plants 23 offences with respect to prohibited plants 1 a person who a cultivates, or knowingly takes part in the cultivation of, a prohibited plant, b supplies, or knowingly takes part in the supply of, a prohibited plant, or c has a prohibited plant in his or her possession. 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. Drug misuse and trafficking amendment drug exhibits bill 2016 b2014085. Drugs and drug trafficking act south african government. Drug misuse and trafficking act 1985 nsw legislation. Printed separately, 2014, ministry of justice, sudan pdf of act in arabic pdf of act in arabic doc. It is also one of the most common and therefore carries severe penalties upon conviction. Drug misuse and trafficking act 1985 sect 36z offence of. Drug misuse and trafficking amendment ongoing dealing 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. Drug misuse and trafficking act 1985 as at 26 september 2019 act 226 of 1985 notes editorial note. Schedule 1 to the act specifies over 240 prohibited drugs or plants.
Drug misuse and trafficking act 1985 no 226 section 3 historical version for 8. Drug offences can include use s 12, possession s 10 and supply s 25 of a prohibited substance. The drug misuse and trafficking amendment drug exhibits act 2016 relevantly commenced on 1 january 2017 s 2, lw 18. Drug misuse and trafficking act 1985 sect 4 admixtures 4 admixtures. Narcotic drugs and psychotropic substances act, 1985.
The reducing americans vulnerability to ecstasy rave act of 2002 was designed to cut down on the presence of drugs in. This act is the drug misuse and trafficking amendment ongoing dealing act 1998. Section 16 of the drug misuse and trafficking act 1985 is obtaining prescriptions by false representation and is extracted below. Amended by international cooperation in criminal matters act 75 of 1996. Second, this note proposes universal legalization, not merely legalization in the united states. The 1940 drugs and cosmetics act, 1940, however, continues to apply. Drug misuse and trafficking act 1985 18 laws3102 studocu. 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.
Offenders act 1997 and the young offenders regulation 2004 set out in schedule 2. Drug misuse and trafficking act 1985 sect 45 regulations 45 regulations 1 the governor may make regulations, not inconsistent with this act, for or with respect to any matter that by this act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this act. 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 sentence is determined by the quantity and type of drug. Drug misuse and trafficking amendment drug exhibits bill 2016. Index table search search this act notes noteup download history help.
Supplying a prohibited drug is an offence under section 25 of the drug misuse and trafficking act 1985 nsw. Chapter 10 drug abuse and drug trafficking last modified. Obtaining prescriptions by false representation section. Current version for 26 september 2019 to date accessed 4 february. 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. Section 1 drug misuse and trafficking act 1985 no 226 historical version for 8. Drug misuse and trafficking act 1985 drug misuse and.
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. Amended by justice laws rationalisation act 18 of 1996. This act may be cited as the drug trafficking offences act. 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. Drug misuse and trafficking act 1985 nsw uni study guides. Currency of version current version for 26 september 2019 to date accessed 10 may 2020 at 08. Current version for 26 september 2019 to date accessed 12 may 2020.
The drug misuse and trafficking act 1985 is the main piece of legislation dealing with drug cases in nsw. 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 23a offences with respect to enhanced indoor cultivation of prohibited plants in presence of children 23a offences with respect to enhanced indoor cultivation of prohibited plants in presence of children 1 a person who. This act may be cited as the drug misuse and trafficking act 1985. The ndps act came into force on 14 november 1985, replacing the opium acts and the dangerous drugs act. Current version for 26 september 2019 to date accessed may 2020 at 04. The objectives of the drugs misuse and trafficking act 1985 are to clarify the distinctions between. Drug possession section 10 drug misuse and trafficking. Sep 03, 2015 drug offences are charged under the drug misuse and trafficking act 1985. The profession has been enriched not only by michael mchugh sc but of course his father. 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. May 02, 2017 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. Drug misuse and trafficking act 1985 sect 23 offences.
Drug misuse and trafficking act 1985 sect 25a offence. An act to prohibit the manufacture, supply, possession and use of certain drugs, and for related purposes. Controlled drugs and their classification for purposes of this act. Drug misuse and trafficking act 1985 sect 45 regulations. Drug misuse and trafficking act 1985 nsw barnet jade. Drug misuse and trafficking act 1985 sect 33 penalties for offences involving commercial quantities or cultivation for a commercial purpose 33 penalties for offences involving commercial quantities or cultivation for a commercial purpose 1 this section applies to the following offences.
Transnational offence of trafficking in human beings 9. The misuse of drugs act 1971 modification order 1985. Current version for 26 september 2019 to date accessed 10 may 2020 at 08. For example, colons are being replaced by emrules emdashes. It is an offence under section 10 of the drug misuse and trafficking act 1985 nsw. 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 sect 36d definitions 36d definitions. Current version for 26 september 2019 to date accessed 24 march. The misuse of drugs act 1971 controls drugs that are dangerous or otherwise harmful, primarily under a 3tier system of classification classes a, b and c which provides a framework within. Schedule 1 sections 3 1, 33 4, 44 prohibited plant or prohibited drug. Drug misuse and trafficking act 1985 sect 36y allowing use of premises as drug premisesoffence by owner or occupier 36y allowing use of premises as drug premisesoffence by owner or occupier 1 a person who is the owner or occupier of any premises and who knowingly allows the premises to be used as drug premises is guilty of an offence maximum penalty. 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. Click on a link below to read the relevant section of the act. Drug misuse and trafficking act 1985 sect 43 certificate evidence 43 certificate evidence 1 any analyst analysing any plant or substance submitted to the analyst or under whose supervision the analysis of any plant or substance submitted to the analyst is carried out may give a certificate of the result of the analysis. Without cooperation from every nation, drug trafficking will continue to flourish in other regions. An act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the international convention on.
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