LLB180 Study Guide - Midterm Guide: Nurse Practitioner, Psychoactive Drug, Morphine
DRUGS LEGSILATION:
POSSESSION:
Section 10 Possession of prohibited drugs
(1) A person who has a prohibited drug in his or her possession is guilty of an offence.
(2) Nothing in this section renders unlawful the possession of a prohibited drug by:
(a) a person licensed or authorised to have possession of the prohibited drug under the Poisons and
Therapeutic Goods Act 1966 ,
(a1) a person acting under a poppy licence under the Poppy Industry Act 2016 ,
(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 possession of the prohibited drug is for the purpose of scientific
research, instruction, analysis or study,
(b1) a person acting in accordance with a direction given by the Commissioner of Police under section 39G,
(c) a person for or to whom the prohibited drug has been lawfully prescribed or supplied, or
(d) a person who:
(i) has the care of, or is assisting in the care of, another person for or to whom the prohibited
drug has been lawfully prescribed or supplied, and
(ii) has the prohibited drug in his or her possession for the sole purpose of administering, or assisting
in the self-administration of, the prohibited drug to the other person in accordance with the
prescription or supply.
SUPPLY:
Section 3 Definitions
"supply" includes sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having
in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing,
suffering, permitting or attempting any of those acts or things.
Section 4 Admixtures
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.
Section 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.
Section 29 Traffickable quantity-possession taken to be for supply
A person who has in his or her possession an amount of a prohibited drug which is not less than the traffickable
quantity of the prohibited drug shall, for the purposes of this Division, be deemed to have the prohibited drugin his
or her possession for supply, unless:
(a) the person proves that he or she had the prohibited drug in his or her possession otherwise than
for supply, or
(b) except where the prohibited drug is prepared opium, cannabis leaf, cannabis oil, cannabis resin, heroin or
6-monoacetylmorphine or any other acetylated derivatives of morphine, the person proves that he or she
obtained possession of the prohibited drug on and in accordance with the prescription of a medical
practitioner, nurse practitioner, midwife practitioner, dentist or veterinary practitioner.
40 Effect of certain representations
(1) A substance (not being a prohibited drug) which, for the purpose of its being supplied, is represented (whether
verbally, in writing or by conduct) as being a prohibited drug or a specified prohibited drugshall, for the purposes of
this Act and the regulations, be deemed to be a prohibited drug or the specified prohibited drug, as the case
requires.
(1A) A substance (not being a prohibited drug) which, for the purpose of its being supplied, is represented (whether
verbally, in writing or by conduct) as being a Schedule 9 substance or a specified Schedule 9 substance is, for the
purposes of this Act and the regulations, taken to be a Schedule 9 substance or the specified Schedule 9 substance,
as the case requires.
find more resources at oneclass.com
find more resources at oneclass.com
