Page 3501 - Week 10 - Thursday, 20 October 2022

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3AOffences against Act—application of Criminal Code etc

Section 4, note 1, new dot points

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s 169 (Possessing drugs of dependence)

s 171AAD (Possessing multiple small quantities of different kinds of relevant substances)

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Clause 4

Page 2, line 10—

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4Sections 169 and 171

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169Possessing drugs of dependence

(1) A person commits an offence if—

(a) the person possesses a drug of dependence; and

(b) the quantity of the drug is not more than a small quantity for the drug.

Maximum penalty: 1 penalty unit.

(2) A person commits an offence if—

(a) the person possesses a drug of dependence; and

(b) either—

(i) the quantity of the drug is more than a small quantity for the drug; or

(ii) no small quantity is prescribed for the drug.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(3) This section does not apply if the person is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008, or another territory law, to possess the drug of dependence.

171Possessing prohibited substances

(1) A person commits an offence if—

(a) the person possesses a prohibited substance; and

(b) the quantity of the substance is not more than a small quantity for the substance.

Maximum penalty: 1 penalty unit.

(2) A person commits an offence if—

(a) the person possesses a prohibited substance; and

(b) either—

(i) the quantity of the substance is more than a small quantity for the substance; or

(ii) no small quantity is prescribed for the substance.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.


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