If the preparation or mixture contains more than one dangerous drug, subsection (3B) applies. a) all dangerous drugs found in the preparation or mixture are specified in Annex 1:. i) the quantity for the traffic quantity must be determined as if the entire preparation or mixture consisted of the dangerous drug having the lowest quantity of all the dangerous drugs found in column 2 of Schedule 1; and. ii) the quantity for the commercial quantity must be determined as if the whole preparation or mixture consisted of the dangerous drug having the lowest quantity of all the dangerous drugs found in column 3 of Schedule 1; For this law, the traffic quantity or commercial quantity of a substance that is a drug analogue is the traffic quantity or commercial quantity of a dangerous drug for which the drug analogue is a drug analogue.
Offences
Cultivation of prohibited plant and
For the purposes of this section, the indications that a dangerous substance has been supplied on or from commercial or liquor license premises include the following:. a) that a police officer has been prevented, prevented or delayed from entering or re-entering the premises by an owner, lessor or lessee of the premises or a person employed by or acting for and on behalf of an owner, lessor or lessee of localities;. 12 month period immediately before the application there have been indications that a dangerous substance has been delivered on or from the premises of:. a) an owner, lessor or occupier of the premises; or. b) a person employed by or acting for and on behalf of an owner, landlord or occupier of the premises. When deciding whether an order pursuant to subsection The Residential Tenancies Act or Section 126 of the Commercial Tenancy Act (fair trade). 6) Appeal according to Section 19 of the High Court (civil procedure).
Effect of drug premises order
11S Offenses Relating to Entering and Searching Drug Premises (1) A person commits an offense if:. a) the person intentionally obstructs another person entering or attempting to enter premises; And. 11T Restraining order in the event of public order disturbance (1) A person commits a criminal offense if:. a) the person is guilty of willful conduct; And.
Other offences
11Y Theft of Dangerous Drugs (1) A person commits an offense if:. a) the person appropriates a substance or thing with the intent to rob the owner of the substance or thing; and (b) the substance or thing is a dangerous drug and so is the person. reckless in relation to that circumstance. a) for appropriation of a Schedule 1 drug - imprisonment for 14 years; or. b) for appropriation of a Schedule 2 drug - imprisonment for 7 years. 13 Self-administering a dangerous drug Someone commits a criminal offense if:. a) the person deliberately self-administers a substance or thing; 14 Having someone else administer a dangerous drug Someone (the first person) commits a criminal offense if:. a) the first person intentionally allows another person to administer a substance or thing to the first person; And.
Part IIA Destruction of Exhibits Section 1 Pre-trial orders. a) in respect of a dangerous drug other than heroin, the marketable quantity by weight of the dangerous drug;. In determining whether to order the withholding of a dangerous drug, the local court will consider the following:. a) the amount of the dangerous drug; When the local court determines that a dangerous drug must be retained, the local court sets a date, not more than 2 months from the date of the determination, to further determine whether the dangerous drug must be retained.
This section applies to and in relation to the substance, regardless of whether the person has been or will be charged with an offense in relation to the substance or a dangerous drug or precursor seized under this Act. (3) A substance may be destroyed only in accordance with subsection (1) if:. a) the sample or samples that truly represent the nature of the property were taken by a police officer or were taken on his behalf; and. b) a sample or samples which provide a true representation of the nature of the property are kept for the purpose of enabling at least one person who is or will be charged with an offense relating to the property to obtain samples analyzed or examined under section 19PA; and. c) the sample is kept by the police commissioner or a police officer who has the rank of commander or higher and is appointed by the police commissioner. This section applies to and in relation to the substance or thing, regardless of whether the person has been or will be charged with an offense in relation to the substance or thing or a dangerous drug or precursor seized under this Act. 5) This Part does not apply to the destruction of part or all of a substance or thing if the destruction occurs as part of the process of analyzing or examining the substance or thing.
Post-trial orders
Supplementary
Regulations may make provision, whether for the purposes of this Part or otherwise, for or in relation to the handling, storage and destruction of illicit plants, dangerous drugs or precursors seized by police officers, the sampling and analysis of such illicit plants, dangerous drugs or precursors and the return of such prohibited plants, dangerous drugs or precursors to the person legally entitled to them. 19W Restrictions in relation to drug detection areas A permit may only be granted for an area if:. a) the entire area is more than 30 kilometers from the main post office in Darwin; and. Additional powers are under section 2A VII. parts of the Police Administration Act granted to a police officer in relation to stopping, detaining, searching and confiscating, if the police officer has reasonable grounds to suspect the presence of a dangerous drug or a precursor.
20 Offense of infringement notice and amount payable (1) An infringement of an infringement notice is:. i) the prohibited plant is a cannabis plant; and. i) the dangerous drug is specified in Appendix 3; and (ii) the quantity of the drug possessed does not exceed that. the amount specified in front of the bar. Act to have the matter handled by a court instead of that law by completing an election statement and giving it to the specified enforcement agency;. Part IIB Breach notification offences. v) issuing a community service order to the person and imprisoning the person if the person breaches the order.
If the person tenders a check in payment of the specified amount, the amount is not considered paid unless the check clears on first presentation.
Miscellaneous
In the procedure for a misdemeanor from II. of labor may issue an order prohibiting the publication of the whole or any part of the proceedings or the name and address of any witness, which shall remain in force for the period specified in the order: In determining the question of punishment under this section:. a) the procedure is conducted according to the court rules or, if no such procedure is prescribed, according to the instructions of the court; In proceedings for an offense against this Act, the submission of a certificate purported to be signed by an analyst in connection with an analysis or investigation carried out by the analyst, without proof of the analyst's signature or that he is an analyst, is evidence of:. a) the identity and quantity of the thing analyzed or examined;
For the purposes of this Article and Article 145 of the Police Administration Act, in connection with an order under this Article, reference is made to paragraph (k) of the definition of intimate process. When sentencing a person for an offense against Part II, Section 1, Subsection 2 or 3, the court must assume that: a) if the quantity of dangerous drugs to which the offense relates is a traffic quantity - the person who intended to supply dangerous drugs drugs; and. This section applies in relation to an offense against this Act which a person is deemed to have committed under section 43BG or 43BH of the Criminal Code by obtaining a minor child for:.
In cases of a violation of this Act, a certificate that purports to be signed by the chief of police and states one or more of the following facts is prima facie evidence of the fact: If the plaintiff is found in relation to a charge of having committed an offense under section 8 in particular, that the person in question has committed the offense with respect to some, but not all, of the assets alleged by the prosecution, the person is not per on the basis of the finding alone entitled to be acquitted or to have the charge dismissed, but rather.
Transitional matters
Statute Law Amendment (Directors' Liability)
Misuse of Drugs Amendment Act 2015
Justice Legislation Amendment (Drug
Acetyldihydrocodeine, unless combined with one or more others. a) in divided preparations containing no more than 100 mg. acetyldihydrocodeine per unit dose; or b) in undivided preparations with a maximum concentration of 2.5% acetyldihydrocodeine. Codeine, except in combination with one or more other drugs:. a) in divided preparations containing 30 mg or less of codeine per unit dose; or Poppy straw concentrate (material created when poppy straw has entered a process to concentrate its alkaloids) 250.00 g 5.00 kg. a) in divided preparations containing 135 mg or less. dextropropoxyphene per unit dose; or b) in liquid preparations containing 2.5% or less. 0.5 mg or less of difenoxin and an amount of atropine sulfate corresponding to the minimum. in combination with one or more other drugs: a) in divided preparations containing no more than 100 mg.
Diphenoxylate, except in preparations that per dosage unit contains 2.5 mg or less of diphenoxylate and an amount of atropine sulfate equivalent to at least. combined with one or more other drugs:. a) in divided preparations containing no more than 100 mg of. Nicocodine, except when combined with one or more other drugs:. in divided preparations that do not contain more than 100 mg of nicocodine per dosage unit; or. concentration of no more than 2.5% nicocodine. Nicocodine, except when it is combined with one or more other drugs:. a) in divided preparations containing no more than 100 mg of.
Norcodeine, except when combined with one or more other medicines:. a) in divided preparations containing not more than 100 mg. Ethyl ester (Pethidine intermediate B) 10.00 g 500.00 g Pholcodine, except when compounded. with one or more other medicines: a) in divided preparations containing not more than 100 mg. Tetrahydrocannabinols and their alkyl homologues except:. a) when specified separately in this Schedule;. tetrahydrocannabinols, when marked "Not for internal use" or. c) in products for purposes other than internal human use containing 50 mg/kg or less tetrahydrocannabinols. and other substances structurally derived from methoxy-phenylethylamine, except:.
Cannabis plant material (which is any part of the Cannabis plant, including the flowering or fruit trees, leaves, stems and seeds).
