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MISUSE OF DRUGS ACT 2001

- Act 94 of 2001 - Royal Assent 17 December 2001

Table of Provisions

Long Title

PART 1 - Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Interpretation
  • 3A Meaning of "trafficable quantity" and determining "aggregated
  • trafficable quantity"
  • 4 Relationship with other Acts

PART 2 - Major offences Division 1 - Proceedings on offences

  • 5 Offences in this Part are indictable offences

Division 2 - Manufacturing and cultivation

  • 6 Manufacturing controlled drug for sale
  • 7 Cultivating controlled plant for sale
  • 8 Possessing thing intended for use in manufacture of controlled
  • substance for sale
  • 9 Possessing thing intended for use in cultivation of controlled plant
  • for sale
  • 10 Manufacturing controlled precursor intended for use in manufacture of
  • controlled drugs for sale
  • 11 Selling controlled precursor for use in manufacturing controlled drug

Division 3 - Trafficking and supply

  • 12 Trafficking in controlled substance
  • 13 Procuring child to traffic in controlled substance
  • 14 Supplying controlled drug to child

Division 4 - Property derived from major offences

  • 15 Interpretation of Division
  • 16 Concealing, &c., property derived from drug offence
  • 17 Receiving property directly received from drug offence

PART 3 - Minor offences Division 1 - Proceedings on offences

  • 18 Offences in this Part are summary offences
  • 19 Time for instituting proceedings

Division 2 - Manufacturing and cultivation

  • 20 Manufacturing controlled precursor
  • 21 Manufacturing controlled drug
  • 22 Cultivating controlled plant

Division 3 - Possession, use and administration

  • 23 Possessing thing used for administration of controlled drug
  • 24 Possessing, using or administering controlled drug
  • 25 Possessing or using controlled plant or its products

Division 4 - Sale and supply

  • 26 Selling or supplying controlled drug
  • 27 Selling or supplying controlled plant or its products

Division 5 - Miscellaneous

  • 27A Unlawful importation of controlled substance
  • 28 Unlawful conduct in relation to prescriptions

PART 4 - Enforcement Division 1 - Police powers

  • 29 Power to seize controlled substances, &c.
  • 30 Power to conduct personal searches
  • 31 Power to require information
  • 32 Power to pursue suspect onto private property
  • 33 Power when executing search warrant

Division 2 - Matters relevant to proceedings

  • 34 Prosecution witness need not disclose source of information
  • 35 Offences by bodies corporate
  • 36 Children not liable for conduct constituting certain offences
  • 36A Alternative convictions
  • 36B Costs of analysis or examination

Division 3 - Forfeiture and disposal

  • 37 Crown becomes owner of controlled substances, &c., that are
  • seized, surrendered or found
  • 37A Disposal, &c., of evidence that cannot be practicably or safely
  • held
  • 38 Forfeiture of property on conviction

Division 4 - Authorisation of possession and supply for certain

purposes
  • 38A Interpretation of Division
  • 38B Authorisation of possession and supply of controlled substances for
  • certain purposes
  • 38C Variation or cancellation of authorisation
  • 38D Powers under Division non-delegable
  • 38E Authorisation does not limit other powers
  • 38F Authorised person to provide report about authorisation
  • 38G Commissioner of Police to keep certain records
  • 38H Commissioner of Police to report to Ombudsman
  • 38I Reports by Ombudsman

PART 5 - Miscellaneous

  • 39 Regulations
  • 40 Amendment of Schedule 1
  • 41 Administration of Act
  • SCHEDULE 1

    [ Note: This table has been automatically generated and may be incomplete. ]

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