DRUGS MISUSE ACT 1986 - As at 27 September 2021 - Act 36 of 1986

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
3. (Repealed)
• 4 Definitions
• 4A Meaning of analogue
• 4AA Salts, derivatives and stereo-isomers of particular dangerous drugs
• 4B Construction of particular terms
• 4BA Provision about s 4, definition dangerous drug, paragraph (f)
• 4C Analysts
• 4D Non-application of ss 5, 6, 8 and 9 to particular manufactured products
• 4E Notes

PART 2 - DRUG OFFENCES

• 5 Trafficking in dangerous drugs
• 6 Supplying dangerous drugs
• 7 Receiving or possessing property obtained from trafficking or supplying
• 8 Producing dangerous drugs
• 8A Publishing or possessing instructions for producing dangerous drugs
• 9 Possessing dangerous drugs
• 9A Possessing relevant substances or things
• 9B Supplying relevant substances or things
• 9C Producing relevant substances or things
• 9D Trafficking in relevant substances or things
• 10 Possessing things
• 10A Possessing suspected property
• 10B Possession of a prohibited combination of items
• 11 Permitting use of place
• 12 Parties to offences committed outside Queensland
• 13 Certain offences may be dealt with summarily
• 13A Offences that may be dealt with summarily if treatment order is sought
• 14 Other offences that may be dealt with summarily if no commercial purpose alleged
15. (Repealed) 16. (Repealed) 17. (Repealed) 18. (Repealed) 19. (Repealed) 19A. (Repealed) 20. (Repealed) 21. (Repealed) 22. (Repealed) 23. (Repealed) 24. (Repealed) 25. (Repealed) 26. (Repealed) 27. (Repealed) 28. (Repealed) 29. (Repealed) 29A. (Repealed)

PART 3 - (Repealed)

PART 4 - (Repealed)

PART 5 - FORFEITURE AND RESTRAINT

• 30 Interpretation
• 31 Jurisdiction
• 32 Forfeiture of dangerous drugs
• 33 Liability of property (other than a dangerous drug) to forfeiture
• 34 Forfeiture orders
• 35 Interested parties entitled to notice and appearance
• 36 Effect of forfeiture
• 37 Effect of forfeiture order on third parties
• 38 Discharge of forfeiture
• 39 Discharge of forfeiture order by payment to Crown
• 40 Certain instruments exempt from fees
• 41 Restraining order
• 42 Procedure upon application for restraining order
• 43 Variation, revocation, discharge of order

PART 5A - INFORMATION REQUIREMENTS FOR CONTROLLED SUBSTANCES AND CONTROLLED THINGS

• 43A Definitions
• 43B Application of part
• 43C What is a relevant transaction
• 43D Requirements for supply of controlled substance or controlled thing under relevant transactions
• 43E Requirement to report loss or theft of controlled substance or controlled thing
• 43F Employee’s liability
• 43G False name or address
43H. (Repealed) 43I. (Repealed) 43J. (Repealed) 43K. (Repealed) 43L. (Repealed) 43M. (Repealed) 43N. (Repealed) 43O. (Repealed) 43P. (Repealed) 43Q. (Repealed)
• 43R Responsibility for acts or omissions of representatives
43S. (Repealed) 43T. (Repealed)
• 43U Confidentiality of information
43V. (Repealed)

PART 5B - COMMERCIAL PRODUCTION OF INDUSTRIAL CANNABIS

Division 1 - Preliminary

• 44 Object of pt 5B
• 45 Ways of achieving part’s objects
• 46 Definitions for pt 5B
• 47 Authorisations for licensees
• 48 Authorisations for persons other than licensees

Division 2 - Licences generally

• 49 Categories of licences
• 50 What researcher licences authorise
• 51 What grower licences authorise
• 52 What seed handler licences authorise

Division 3 - Licence applications

• 53 Applying for a licence
• 54 Application for licence
• 55 Application must state address
• 56 Requirement to give information or material about application
• 56A Amendment of application

Division 4 - Eligibility and suitability to hold licence

• 57 Fit and proper person to hold licence
58. (Repealed) 59. (Repealed) 60. (Repealed)
• 61 Investigation about the suitability of applicant or licensee
• 62 Criminal history is confidential document

Division 5 - Decision-making for licence issue

• 63 Chief executive may issue or refuse to issue licence
• 64 Term and conditions

Division 6 - Licence renewals and decision-making for renewals

• 65 Application for renewal
• 66 Chief executive may renew or refuse to renew licence
• 67 Licence taken to be in force while application for renewal is considered
• 68 Return of licence if renewal refused

Division 7 - Dealing with licences

• 69 Transfer of licence prohibited
• 70 Amendment of licence or licence conditions
• 71 Return of licence for amendment of conditions
• 72 Surrender of licence

Division 8 - Suspension and cancellation of licences

• 73 Grounds for suspension action or cancellation
• 74 Show cause notice
• 75 Consideration of representations
• 76 Ending show cause process without further action
• 77 Suspension and cancellation of licences
• 78 Immediate suspension
79. (Repealed)
• 80 Return of licence if suspended or cancelled

Division 9 - Action after suspension or cancellation of licence

• 81 What happens to cannabis plants and seed if licence suspended
• 82 What happens to cannabis plants if licence cancelled
• 83 What happens to cannabis seed if licence cancelled or renewal refused
• 84 Cost recovery

Division 10 - Review of decisions by QCAT

• 85 Application for review
86. (Repealed) 87. (Repealed) 88. (Repealed) 89. (Repealed) 90. (Repealed)

Division 11 - Appointment of inspectors

• 91 Appointment and qualifications
• 92 Appointment conditions and limit on powers
• 92A Functions of inspectors
• 93 Issue of identity card
• 94 Production or display of identity card
• 95 When inspector ceases to hold office
• 96 Resignation
• 97 Return of identity card

Division 12 - Powers of inspectors

• 98 Power of entry
• 99 Procedure for entry with consent
• 100 Procedure for other entries
• 101 General powers
• 101A Use of body-worn cameras
• 102 Power to require reasonable help
• 103 Failure to comply with help requirement
• 104 Power to require information about contravention
• 105 Failure to comply with information requirement
• 106 False or misleading statements
• 107 Power to require production of documents
• 108 Failure to comply with document production requirement
• 109 False or misleading documents
• 110 Obstruction of inspectors

Division 12A - Compliance notices

• 110A Giving a compliance notice
• 110B Content of compliance notice
• 110C Offence for failure to comply with compliance notice

Division 13 - Other provisions

• 110D Offence for failure to comply with conditions
• 110E Record requirements
• 110F Notification requirements
• 110G Monitoring fees
• 111 Requirement to report loss or theft of controlled substance
• 112 Responsibility for acts or omissions of representatives
• 113 Confidentiality of information
• 114 Delegation
115. (Repealed)

PART 6 - MISCELLANEOUS

• 116 Criminal Code to be read with Act
• 117 Attempt to commit offence
• 118 Proceedings for offences
• 119 Protection of informers
• 120 Source of information not to be disclosed
• 121 Power to prohibit publication of proceedings
• 122 Certain proceedings relating to sentence may be determined in chambers
• 122A Particular proceedings for minor drugs offences
• 122B Provision of information to court
• 122C Further consideration of charge of minor drugs offence
• 123 Summary conviction for indictable offences
• 124 Defence of supply of lawfully prescribed drug in a small quantity
• 125 Prescribed persons permitted to receive and dispose of dangerous drugs
• 126 Power to fine
• 127 No costs to be awarded
• 128 Analyst’s certificate
• 129 Evidentiary provisions
• 130 Evidence of controlled substance by label
• 131 Evidence of equipment being used to produce particular dangerous drugs
• 131A Evidence of medicine or poison or veterinary chemical product by container
• 131B Evidence for ss 130, 131 and 131A—notice of challenge
• 132 Receiving or possessing some only of the property alleged
• 133 Chief executive may approve forms
• 134 Regulation-making power
• 134A Recommendation of Minister

PART 7 - TRANSITIONAL AND VALIDATING PROVISIONS

Division 1 - Provision for Drugs Misuse Amendment Act 1996 No. 49

• 135 Transitional—offences committed before the enactment of Drugs Misuse Amendment Act 1996

Division 2 - Provision for Drugs Misuse Amendment Act 2002 No. 35

• 136 Transitional provision for regulation provisions in force under repealed part 5B

Division 3 - Provision for Drug Legislation Amendment Act 2006

• 137 Transitional provision for ss 130–131B

Division 4 - Provision for Primary Industries Legislation Amendment Act 2006

• 138 Provision about particular applications

Division 5 - Provision for Drugs Misuse Amendment Act 2008

• 139 Transitional provision for offences committed before the enactment of Drugs Misuse Amendment Act 2008
140. (Repealed)

Division 6 - Provision for Criminal Code and Other Acts Amendment Act 2008

• 141 Reference in schedule to Criminal Code offence

Division 7 - Provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010

• 142 New summary disposition provisions apply only to prosecutions commenced after commencement

Division 8 - Provision for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013

• 143 Validation of orders for forfeiture or restraint made by District Court before commencement
144. (Repealed)

Division 9 - Provision for Justice and Other Legislation Amendment Act 2013

• 145 Transitional provision for offence of trafficking in dangerous drugs

Division 10 - Provision for Criminal Law Amendment Act 2017

• 146 Validation of analysts’ certificates signed before commencement

Division 11 - Provisions for Hospital Foundations Act 2018

• 147 Existing application for licence
• 148 Existing application for category 1 or category 2 researcher licence
• 149 Transition of existing category 1 or category 2 researcher licence