Page 3502 - Week 10 - Thursday, 20 October 2022

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(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 prohibited substance.

(4) In this section:

prohibited substance does not include cannabis.

8

Clause 5

Page 5, line 1—

omit clause 5, substitute

5Possessing cannabis

Section 171AA (1) and (2)

substitute

(1) A person commits an offence if the person possesses not more than a small quantity of cannabis.

Maximum penalty: 1 penalty unit.

(2) A person commits an offence if the person possesses more than a small quantity of cannabis.

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

9

Clauses 7 to 12

Page 5, line 13—

omit clauses 7 to 12, substitute

7New section 171AAD

insert

171AADPossessing multiple small quantities of different kinds of relevant substances

(1) A person commits an offence if—

(a) the person possesses 3 or more different kinds of relevant substance; and

(b) the quantity of each substance is not more than the small quantity for the substance; and

(c) the total of the small quantity fractions for each substance is more than 2.

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

Note Other offences under the Criminal Code, ch 6 (Serious drug offences) may apply in relation to a person in possession of 2 or more kinds of controlled drugs, controlled precursors and controlled plants.

(2) In this section:

relevant substance—

(a) for a person who is 18 years old or older means any of the following—

(i) a drug of dependence for which a small quantity is prescribed;

(ii) a prohibited substance for which a small quantity is prescribed;


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