Criminal Legislations

Section 23 Drug Misuse and Trafficking Act 1985 | Prohibited Plants


Section 23 of the Drug Misuse and Trafficking Act 1985 is Prohibited Plants and is extracted below.

If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your Prohibited Plants case, call Sydney Criminal Lawyers today on (02) 9261 8881 for a free first appointment.

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The Legislation

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,
is guilty of an offence.

(1A) A person who:
(a) cultivates by enhanced indoor means, or knowingly takes part in the cultivation by enhanced indoor means of, a number of prohibited plants which is:
(i) not less than the small quantity applicable to the prohibited plants, and
(ii) less than the commercial quantity applicable to those prohibited plants, and
(b) cultivates, or knowingly takes part in the cultivation of, those prohibited plants for a commercial purpose,
is guilty of an offence.

(1B) If, on the trial of a person for an offence under subsection (1A), the jury is not satisfied that the number of prohibited plants involved is equal to or more than the small quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) (a), and the person is liable to punishment accordingly.

(1C) If, on the trial of a person for an offence under subsection (1A), the jury is not satisfied that the person cultivated, or knowingly took part in the cultivation of, a prohibited plant for a commercial purpose, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) (a), and the person is liable to punishment accordingly.

(2) A person who:
(a) cultivates, or knowingly takes part in the cultivation of, a number of prohibited plants which is not less than the commercial quantity applicable to prohibited plants,
(b) supplies, or knowingly takes part in the supply of, a number of prohibited plants which is not less than the commercial quantity applicable to prohibited plants, or
(c) has a number of prohibited plants in his or her possession which is not less than the commercial quantity applicable to prohibited plants,
is guilty of an offence.

(3) If, on the trial of a person for an offence under subsection (2) (other than in relation to the cultivation of prohibited plants by enhanced indoor means), the jury is not satisfied that the number of prohibited plants involved is equal to or more than the commercial quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1), and the person is liable to punishment accordingly.

(3A) If, on the trial of a person for an offence under subsection (2) in relation to the cultivation of prohibited plants by enhanced indoor means, the jury is not satisfied that the number of prohibited plants involved is equal to or more than the commercial quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of:
(a) an offence under subsection (1A), if the jury is satisfied that the person contravened subsection (1A), or
(b) an offence under subsection (1) (a), if the jury is not satisfied that the person contravened subsection (1A), but is satisfied that the person contravened subsection (1) (a),
and the person is liable to punishment accordingly.

(4) Nothing in this section renders unlawful any act relating to the cultivation, supply or possession of a prohibited plant by:
(a) a person:
(i) who informs the court before which the person is prosecuted that the person proposes to adduce evidence as referred to in subparagraph (ii), and
(ii) who adduces evidence which satisfies the court that, having regard to all the circumstances, including the person’s conduct, in which the act constituting the offence was done or preparatory to the doing of the act, the person did not know or suspect and could not reasonably be expected to have known or suspected that the prohibited plant was a prohibited plant, or
(b) a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the cultivation, supply or possession of the prohibited plant is for the purpose of scientific research, instruction, analysis or study, or
(c) a person acting in accordance with a direction given by the Commissioner of Police under section 39RA.

(5) Where a person informs a court as referred to in subsection (4) (a) (i), evidence of any previous conviction of the person for any offence, being evidence which may intend to rebut the evidence referred to in subsection (4) (a) (ii), may, with the leave of the court, be adduced by the prosecutor.

(6) In this section and section 23A, “cultivating a prohibited plant for a commercial purpose” includes cultivating the plant:
(a) with the intention of selling it or any of its products, or
(b) with the belief that another person intends to sell it or any of its products.

Section 20 Drug Misuse and Trafficking Act 1985 | Aiding and Abetting Possession etc Outside NSW


Section 20 of the Drug Misuse and Trafficking Act 1985 is Aiding and Abetting Possession etc Outside NSW and is extracted below.

If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your Aiding and Abetting Possession etc Outside NSW case, call Sydney Criminal Lawyers today on (02) 9261 8881 for a free first appointment.

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The Legislation

20 Aiding, abetting etc commission of offence outside New South Wales

A person who, in New South Wales, aids, abets, counsels, procures, solicits or incites the commission of an offence in any place outside New South Wales, being an offence punishable under the provisions of a law in force in that place which corresponds to a provision of this Division, is guilty of an offence and liable to the same punishment, pecuniary penalties and forfeiture as the person would be if the person had committed the first mentioned offence in New South Wales.

The penalty is a fine of 20 penalty units or imprisonment for a term of 2 years, or both.

Section 19 Drug Misuse and Trafficking Act 1985 | Aiding and Abetting Possession etc in NSW


Section 19 of the Drug Misuse and Trafficking Act 1985 is Aiding and Abetting Possession etc in NSW and is extracted below.

If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your Aiding and Abetting Possession etc in NSW case, call Sydney Criminal Lawyers today on (02) 9261 8881 for a free first appointment.

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The Legislation

19 Aiding, abetting etc commission of offence in New South Wales

A person who aids, abets, counsels, procures, solicits or incites the commission of an offence under this Division is guilty of an offence and liable to the same punishment, pecuniary penalties and forfeiture as the person would be if the person had committed the first mentioned offence.

The penalty is a fine of 20 penalty units or imprisonment for a term of 2 years, or both.

Section 18A Drug Misuse and Trafficking Act 1985 | Advertising Premises for Unlawful Administration of Drugs


Section 18A of the Drug Misuse and Trafficking Act 1985 is Advertising Premises for Unlawful Administration of Drugs and is extracted below.

If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your Advertising Premises for Unlawful Administration of Drugs case, call Sydney Criminal Lawyers today on (02) 9261 8881 for a free first appointment.

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The Legislation

18A Advertising or holding out that premises are available for use for unlawful administration of prohibited drugs

(1) A person responsible for any premises is guilty of an offence if:
(a) the person advertises or holds out in any way that the premises are available for use for the administration of prohibited drugs (whether or not for financial or material reward), or
(b) the person causes, suffers or permits any other person to advertise or hold out in any way that the premises are available for use for the administration of prohibited drugs (whether or not for financial or material reward).

(2) For the purposes of this section, a person is responsible for premises if the person is the owner, lessee or occupier of the premises, or if the person participates in the management of the premises.

(3) This section does not apply to or in respect of a licensed injecting centre within the meaning of Part 2A.

The penalty is a fine of 20 penalty units or imprisonment for a term of 2 years, or both.

Section 18 Drug Misuse and Trafficking Act 1985 | Obtaining Prohibited Drug from Doctors etc


Section 18 of the Drug Misuse and Trafficking Act 1985 is Obtaining Prohibited Drug from Doctors etc and is extracted below.

If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your Obtaining Prohibited Drug from Doctors etc case, call Sydney Criminal Lawyers today on (02) 9261 8881 for a free first appointment.

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The Legislation

18 Obtaining prohibited drugs from medical practitioners, nurse practitioners or midwife practitioners

(1) A person who, by any representation (whether verbal, or in writing, or by conduct), obtains or attempts to obtain:
(a) a prohibited drug, or
(b) a prescription that includes a prohibited drug,
from an authorised person without previously informing the authorised person of the quantity of that or any other prohibited drug or prohibited drugs for which the person has obtained prescriptions from authorised persons within the period of 2 months immediately preceding the time of the representation, where the failure or refusal to inform the authorised person is made with intent to deceive the authorised person, is guilty of an offence.

(2) In this section:”authorised person” means a medical practitioner, nurse practitioner or midwife practitioner.

The penalty is a fine of 20 penalty units or imprisonment for a term of 2 years, or both.

Section 17 Drug Misuse and Trafficking Act 1985 | Obtaining Prohibited Drug by False Representation


Section 17 of the Drug Misuse and Trafficking Act 1985 is Obtaining Prohibited Drug by False Representation and is extracted below.

If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your Obtaining Prohibited Drug by False Representation case, call Sydney Criminal Lawyers today on (02) 9261 8881 for a free first appointment.

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The Legislation

17 Obtaining prohibited drug by false representation

A person who knowingly by any false representation (whether verbal, or in writing, or by conduct), obtains or attempts to obtain a prohibited drug from a medical practitioner, nurse practitioner, midwife practitioner, dentist, pharmacist or veterinary practitioner is guilty of an offence.

The penalty is a fine of 20 penalty units or imprisonment for a term of 2 years, or both.

Section 16 Drug Misuse and Trafficking Act 1985 | Obtaining Prescriptions by False Representation


Section 16 of the Drug Misuse and Trafficking Act 1985 is Obtaining Prescriptions by False Representation and is extracted below.

If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your Obtaining Prescriptions by False Representation case, call Sydney Criminal Lawyers today on (02) 9261 8881 for a free first appointment.

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The Legislation

16 Obtaining etc prescription by false representation

A person:

(a) who knowingly by any false representation (whether verbal, or in writing, or by conduct):
(i) obtains from a medical practitioner, nurse practitioner, midwife practitioner or veterinary practitioner a prescription including a prohibited drug, or
(ii) induces a pharmacist to dispense a forged or fraudulently altered prescription obtained in contravention of this paragraph knowing it to be forged or so altered or obtained, or
(b) who is in actual possession of a forged or fraudulently altered prescription including a prohibited drug or a prescription obtained in contravention of paragraph (a), knowing it to be forged or so altered or so obtained,
is guilty of an offence.

The penalty is a fine of 20 penalty units or imprisonment for a term of 2 years, or both.

Section 15 Drug Misuse and Trafficking Act 1985 | Forging Prescriptions


Section 15 of the Drug Misuse and Trafficking Act 1985 is Forging Prescriptions and is extracted below.

If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your Forging Prescriptions case, call Sydney Criminal Lawyers today on (02) 9261 8881 for a free first appointment.

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The Legislation

15 Forging etc prescriptions

A person who forges or fraudulently alters or utters, knowing it to be forged or fraudulently altered, a prescription of a medical practitioner, nurse practitioner, midwife practitioner or veterinary practitioner including a prohibited drug is guilty of an offence.

The penalty is a fine of 20 penalty units or imprisonment for a term of 2 years, or both.

Section 14 Drug Misuse and Trafficking Act 1985 | Permitting Another to Administer Prohibited Drugs


Section 14 of the Drug Misuse and Trafficking Act 1985 is Permitting Another to Administer Prohibited Drugs and is extracted below.

If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your Permitting Another to Administer Prohibited Drugs case, call Sydney Criminal Lawyers today on (02) 9261 8881 for a free first appointment.

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The Legislation

14 Permitting another to administer prohibited drugs

(1) A person who permits another person to administer or attempt to administer to him or her a prohibited drug is guilty of an offence.

(2) Nothing in this section renders unlawful the giving of permission for the administration or attempted administration of a prohibited drug by a person for whom or to whom the prohibited drug has been lawfully prescribed or supplied.

The penalty is a fine of 20 penalty units or imprisonment for a term of 2 years, or both.

Section 13 Drug Misuse and Trafficking Act 1985 | Administration of Drugs to Others


Section 13 of the Drug Misuse and Trafficking Act 1985 is Administration of Drugs to Others and is extracted below.

If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your Administration of Drugs to Others case, call Sydney Criminal Lawyers today on (02) 9261 8881 for a free first appointment.

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The Legislation

13 Administration of prohibited drugs to others

(1) A person who administers or attempts to administer a prohibited drug to another person is guilty of an offence.

(2) Nothing in this section renders unlawful the administration or attempted administration of a prohibited drug to another person by:
(a) a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966, or
(b) a person authorised to do so by the Secretary of the Department of Health.

(3) Nothing in this section renders unlawful the administration or attempted administration of a prohibited drug to a person for or to whom the prohibited drug has been lawfully prescribed or supplied.

The penalty is a fine of 20 penalty units or imprisonment for a term of 2 years, or both.