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Administering a Prohibited Drug to Others

Administering prohibited drugs to others is an offence under section 13 of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that you administered, or attempted to administer, a prohibited drug to another person.

You are not guilty of the offence if:

  1. You were licensed or authorised by the Poisons and Therapeutic Goods Act 1966 to administer the prohibited drug to the person
  2. You were authorised by the Secretary of the Department of Health to administer the prohibited drug to the person, or
  3. You administered or attempted to administer the prohibited drug to a person who was lawfully prescribed or lawfully supplied the drug.

Duress and necessity are defences to the charge.

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