Trafficking act 1985 that should be capable of being dealt with summarily. A commercial supply of a prohibited drug, possibly with the connotation of supply on more than one occasion. The committee supports the merging of the two tables. 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. With the exception of irelands 1977 act, they all sort drugs into three categories, classes a, b, and c. Drug offences are charged under the drug misuse and trafficking act 1985.
Jenner abstract forty years ago, the world declared war on drugs. Drug trafficking offences act acts 4 of 1990, 9 of 1991 and s. Development of legislation controlled substances drug use and possession trafficking and drugrelated crime prosecution and practice prevention, care and treatment money laundering and confiscation new developments links references. Drug misuse and trafficking act 1985 no 226 section 3 historical version for 8. 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. Amended by international cooperation in criminal matters act 75 of 1996. The misuse of drugs act 1971 mda is the main law regulating drug control in uk. Some common offences under the drug misuse and trafficking act 1985 nsw under construction research notes. Drug offences are charged under the drug misuse and. Drug misuse and trafficking act 1985 nsw legislation. Drug misuse and trafficking act 1985 sect 4 admixtures. Drug misuse and trafficking act 1985 sect 4 admixtures 4 admixtures. Drug trafficking act 1994 is up to date with all changes known to be in force on or before 11 may 2020.
The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Today, after decades of failing to adequately control drug consumption, an even graver problem has emerged. Click on a link below to read the relevant section of the 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. A person who administers or attempts to administer a prohibited drug. 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 courts combine criminal prohibitions with alternatives to imprisonment, as long as the. A global problem with a domestic solution matthew s. Current version for 26 september 2019 to date accessed 15 may 2020. Drug misuse and trafficking act 1985 sect 3 definitions. The court has also said the social consequences of the criminal trade in. Under legislation, the offence of use prohibited drug is referred to as selfadministration of prohibited drugs. Drug misuse and trafficking act 1985 sect 36d definitions 36d definitions. The twostage unacceptable risk test has been merged into one see ss1720 and the new flowcharts at s16. Drug offences can include use s 12, possession s 10 and supply s 25 of a prohibited substance. Other frequently used legislation includes the bail act 20, now amended by the bail amendment act 2015. 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.
It has allowed a loophole as synthetic drug producers can adapt the chemical composition of synthetic drugs to evade specific regulatory bans. There are a number of offences under the drug misuse and. Section 25 of the drug misuse and trafficking act 1985 is drug supply and is extracted below. The profession has been enriched not only by michael mchugh sc but of course his father. Misuse of drugs detention regulations 1985 sr 1985244. This act may be cited as the drug trafficking offences act. Drug misuse and trafficking act 1985 sect 25 supply of. Drug misuse and trafficking act 1985 no 226 nsw legislation. Drug trafficking is a broad term for supplying prohibited drugs. The drug misuse and trafficking amendment methylamphetamine regualtion 2015 nsw has been published on the legislation nsw website. 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. In nsw, there is no specific charge of drug trafficking, rather, it is a general term, referring to various categories of charges found in part 2, division 2 of the drug misuse and trafficking act, including. Drug misuse and trafficking act 1985 as at 26 september. Drug misuse and trafficking amendment drug exhibits bill.
Current version for 26 september 2019 to date accessed 24 march. 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. 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 prohibits the cultivation, manufacture, supply, possession and use of certain drugs. Our criminal lawyers are experts in defending drug charges and have a proven. 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. When the quantity of drugs found in an individuals possession is above the traffickable quantity, the prosecution can rely on. Amended by justice laws rationalisation act 18 of 1996. Relationship with poisons and therapeutic goods act 1966 8a. Drug misuse and trafficking act 1985 schedule 3 schedule 3 savings, transitional and other provisions 1 regulations 1 the regulations may contain provisions of a savings or transitional nature consequent on the enactment of this act or any act that amends this act. The offences spelt out in the drug misuse and trafficking act 1985 nsw cover all prohibited drugs. Amended by prevention of organised crime act 121 of 1998 from 21 jan 1999. Current version for 26 september 2019 to date accessed 15 may 2020 at 19.
The objectives of the drugs misuse and trafficking act 1985 are to clarify the. It is contained in section 12 of the drug misuse and trafficking act 1985 nsw and states. Drug misuse and trafficking act 1985 sect 36d definitions. Research note on s 16a of the bail act 20 show cause requirement case extracts research note ongoods in custody and receiving offences. Schedule of prohibited plants and drugs drug misuse and trafficking act 1985. 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 supply section 25 drug misuse and trafficking act. Drugs and drug trafficking act south african government. In response to increases in drug abuse in the 1990s australia implemented a vigilant drug control strategy. There are changes that may be brought into force at a future date. Drug misuse and trafficking act 1985 no 226 nsw part 1 preliminary historical version valid from 29. Index table search search this act notes noteup download history help.
Police can also charge you with deemed supply under section 29 of the drug misuse and trafficking act 1985. Section 1 drug misuse and trafficking act 1985 no 226 historical version for 8. Use of prohibited drugs selfadminsitration charges. 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. 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 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. The drug misuse and trafficking act 1985 is the main piece of legislation dealing with drug cases in nsw.