Drug misuse and trafficking act 1985 nsw uni study guides. Drug misuse and trafficking act 1985 no 226 current version for 26 september 2019 to date accessed 15 april 2020 at 17. Whilst much of this act consolidated earlier legislation, it introduced some important changes. Drug misuse and trafficking act 1985 nsw legislation. Section 33aa of the drug misuse and trafficking act increases the maximum penalty for offences involving supply to persons under 16 years under ss 251a, 252a as well as aid abet commission of offences under ss 2628. Drug supply section 25 drug misuse and trafficking 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.
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. The reprint incorporates all the amendments to the regulations as at 27 september 1985, as specified in the list of amendments at the end of these notes. 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. 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. 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. Click on a link below to read the relevant section of the act. Supply also includes authorising, attempting or having prohibited drugs in possession for the purposes of supply. This act may be cited as the drug misuse and trafficking act 1985.
Drug misuse and trafficking act 1985 sect 3 definitions. 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. Criminal law duty lawyer handbook 5th edition legal aid. Drug misuse and trafficking act 1985 no 226 current version for 26 september 2019 to date accessed 24 march 2020 at 01. Schedule 1 to the act specifies over 240 prohibited drugs or plants.
May 02, 2017 drug misuse and trafficking act 1985 nsw the drug misuse and trafficking act 1985 prohibits the cultivation, manufacture, supply, possession and use of certain drugs. Maximum penalties for table 2 offences dealt with summarily 50 pu or imprisonment for 2 yrs, or both. Ncb is the chief law enforcement and intelligence agency of india responsible for fighting drug trafficking and the abuse of illegal substances. Drug misuse and trafficking act 1985 as at 26 september 2019 act 226 of 1985 table of provisions long title part 1 preliminary 1. This report by the law library of congress provides information on the. Drug offences are charged under the drug misuse and. The court has also said the social consequences of the criminal trade in. A person who administers or attempts to administer a prohibited drug to himself or herself is guilty of an offence. The major drug laws of india are the narcotic drugs and psychotropic substances act 1985 and the prevention of illicit trafficking in. Drug misuse and trafficking amendment drug exhibits bill. Regulation under the drug misuse and trafficking act 1985. 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.
He appeared before in the magistrates court, secunda where he was charged with, and convicted of, two counts of contravening the provisions of section 4b read with sections 1,17 to 25 and 64 of the drugs and drug trafficking act 140 of 1992,the act 11 namely the unlawful possession of dagga and the unlawful possession of methcathinone. In australias federal system drug legislation is made by the federal, state and territory governments. 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 amendment ongoing dealing act 1998 no 73 amendment of drug misuse and trafficking act 1985 schedule 1 9 exemptionlawful supply nothing in this section renders unlawful the supply of a prohibited drug by. It has allowed a loophole as synthetic drug producers can adapt the chemical composition of synthetic drugs to evade specific regulatory bans. New south wales drug misuse and trafficking act 1985, as at 6 july 2009 act 226 of 1985. Drug trafficking harms inner cities by jamie dettmer 79 the plight of washington, d. Drug trafficking increases gangrelated crime, homelessness, and murder rates in americas inner. The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. 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 21 penalties 21 penalties. 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, except as otherwise expressly provided by this division. Sep 03, 2015 drug offences are charged under the drug misuse and trafficking act 1985. The misuse of drugs act 1971 modification order 1985.
Drug misuse and trafficking act 1985 sect 21 penalties. Vargas introduction brazil is a country of continental dimensions and there is a serious shortage of data at the national level concerning drug use, trafficking and repression. Section 1 drug misuse and trafficking act 1985 no 226 historical version for 8. Drug misuse and trafficking amendment drug exhibits bill 2016. Drug misuse and trafficking act 1985 no 226 nsw legislation. Drugs and drug trafficking act 140 of 1992 south african. This book presents a new approach to covering the basic principles and major topics found in a typical psychopharmacology course, while adding the newest exciting and controversial findings in the study of drug use, misuse and abuse. Page drug misuse and trafficking act 1985 no 226 section 21 historical version for 8.
Drug trafficking offences act acts 4 of 1990, 9 of 1991 and s. The misuse of drugs act 1971 is an act of the parliament of the united kingdom. The definition of supply under the drug misuse and trafficking act 1985 is extremely wide and includes agreeing or offering to supply even if no drugs were actually exchanged. The drug misuse and trafficking act 1985 prohibits the cultivation, manufacture, supply, possession and use of certain drugs. 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. It is contained in section 12 of the drug misuse and trafficking act 1985 nsw and states. Transitional provision for offence of trafficking in dangerous drugs 122. A person who administers or attempts to administer a prohibited drug. Some common offences under the drug misuse and trafficking act 1985 nsw under construction research notes. Drug misuse and trafficking amendment ongoing dealing 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. 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 and trafficking act 1985.
Drug offences can include use s 12, possession s 10 and supply s 25 of a prohibited substance. An act to consolidate the drug trafficking offences act 1986 and certain provisions of the criminal justice international cooperation act 1990 relating to drug. Drugs and drug trafficking act south african government. Drug misuse and trafficking act 1985 criminal drug defence. Whats new accessibility glossary sitemap copyright and disclaimer. Drug misuse and trafficking act 1985 nsw the drug misuse and trafficking act 1985 prohibits the cultivation, manufacture, supply, possession and use of certain drugs. The legislation was enacted as a direct response to the failure of the courts power making it impossible under the law, as it stood, to confiscate some. The maximum penalty for certain offences under that act involving the manufacture, production or supply of a large commercial quantity of a prohibited drug is. The objectives of the drugs misuse and trafficking act 1985 are to clarify the. Under legislation, the offence of use prohibited drug is referred to as selfadministration of prohibited drugs. This act may be cited as the drug trafficking offences act.
A prohibited drug refers to any preparation, admixture or other substance containing the drug. S v okankwa a2782016 2016 zagpphc 324 26 april 2016. 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. Drug misuse and trafficking amendment ongoing dealing. Legislative thresholds for drug possession and traffic. Included in this text are major drugs typically covered in an undergraduate psychopharmacology course, including caffeine, nicotine, cocaine. 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. Current version for 26 september 2019 to date accessed 15 april 2020 at. The drug trafficking offences act 1986 was the first act of the parliament of the united kingdom specifically dealing with laundering the proceeds of drug trafficking. The drug misuse and trafficking act 1985 is the main piece of legislation dealing with drug cases in nsw.
Sep 06, 2017 this book presents a new approach to covering the basic principles and major topics found in a typical psychopharmacology course, while adding the newest exciting and controversial findings in the study of drug use, misuse and abuse. Misuse of drugs detention regulations 1985 sr 1985244. Drug offences are charged under the drug misuse and trafficking act 1985. Drug misuse and trafficking act 1985 as at 26 september. Oiher documents which have a bearing on the said affairs or business, disclose to anv. Use of prohibited drugs selfadminsitration charges. The drug misuse and trafficking act 1985 covers all prohibited drugs. Gabrielle upton, mp attorney general explanatory note the object of this regulation is to amend the table of prohibited plants and drugs in schedule 1 to the drug misuse and trafficking act 1985 to. 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 amendment bill 2005 this explanatory note relates to this bill as introduced into parliament. The sentence is determined by the quantity and type of drug. Index table search search this act notes noteup download history help. Section 25 of the drug misuse and trafficking act 1985 is drug supply and is extracted below. Schedule of prohibited plants and drugs drug misuse and trafficking act 1985.
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. If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your drug supply case, call sydney criminal lawyers today on 02 9261 8881 for a free first appointment. This is a reprint of the misuse of drugs detention regulations 1985. Research note on s 16a of the bail act 20 show cause requirement case extracts research note ongoods in custody and receiving offences. The substantive drug offences are set out in ss 512 of the drugs misuse act. We would like to show you a description here but the site wont allow us. 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.
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