Queensland: Drugs Misuse Act 1986 (Qld)

Drugs Misuse Act 1986 An Act to consolidate and amend the law relating to the misuse of drugs and to make further provision for the prevention of the misuse of drugs and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Drugs Misuse Act 1986. 3 [Repealed] 4 Definitions In this Act— analogue, of a dangerous drug, see section 4A. analyst means a person who, under section 4C, is appointed as, or declared to be, an analyst. approved form means a form approved by the chief executive under section 133. Australian Crime Commission means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7. cannabis, for part 5B, see section 46. challenge notice means a written notice that informs the prosecution that a person intends to challenge a claim intended to be made by the prosecution and of which the person has been informed in a prosecution information notice. class A research cannabis plant, for part 5B, see section 46. class A research cannabis seed, for part 5B, see section 46. class B research cannabis plant, for part 5B, see section 46. class B research cannabis seed, for part 5B, see section 46. close associate, for part 5B, see section 46. compliance notice, for part 5B, see section 46. controlled substance means— (a) a substance specified in the Drugs Misuse Regulation 1987, schedule 6; or (b) a salt, derivative or stereo-isomer of a substance specified in the Drugs Misuse Regulation 1987, schedule 6; or (c) a salt of a derivative or stereo-isomer of a substance specified in the Drugs Misuse Regulation 1987, schedule 6; but does not include a compound consisting of a substance specified in the Drugs Misuse Regulation 1987, schedule 6 and of a substance not specified in the Drugs Misuse Regulation 1987, schedule 6. controlled thing, for part 5A, see section 43A. court, for part 5, see section 30(1). criminal history, for part 5B, see section 46. dangerous drug means— (a) a thing stated in the Drugs Misuse Regulation 1987, schedule 1 or 2; or (b) any part of a plant that is a thing stated in the Drugs Misuse Regulation 1987, schedule 1 or 2; or (c) a derivative or stereo-isomer of a thing mentioned in paragraph (a) or (b); or (d) a salt of a thing mentioned in any of paragraphs (a) to (c); or (e) an analogue of a thing mentioned in any of paragraphs (a) to (d); or (f) a thing that has, or is intended to have, a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e); or Note— See also section 4BA for when a thing is intended to have a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e). (g) a thing mentioned in any of paragraphs (a) to (f) that is contained in— (i) a natural substance; or (ii) a preparation, solution or admixture. denatured, for part 5B, see section 46. drug dependent person means a person— (a) who, as a result of repeated administration to the person of dangerous drugs— (i) demonstrates impaired control; or (ii) exhibits drug-seeking behaviour that suggests impaired control; over the person's continued use of dangerous drugs; and (b) who, when the administration to the person of dangerous drugs ceases, suffers or is likely to suffer mental or physical distress or disorder. educational institution means— (a) a State instructional institution or non-State school within the meaning of the Education (General Provisions) Act 2006; or (b) any other similar institution that may from time to time be established; but does not include an educational institution conducting only tertiary or adult education. executive officer— (a) for part 5A, see section 43A; or (b) for part 5B, see section 46. grower, for part 5B, see section 46. grower licence, for part 5B, see section 46. industrial cannabis fibre, for part 5B, see section 46. industrial cannabis plant, for part 5B, see section 46. industrial cannabis seed, for part 5B, see section 46. information notice, for part 5B, see section 46. informer means a person who supplies information to a police officer in respect of the commission of an offence defined in part 2 on the basis that the person's identity will be kept confidential. inspector, for part 5B, see section 46. intellectually impaired person means a person who has a disability that— (a) is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and (b) results in— (i) a substantial reduction of the person's capacity for communication, social interaction or learning; and (ii) the person needing support. licence, for part 5B, see section 46. licensee, for part 5B, see section 46. obstruct, for part 5A, see section 43A. pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student. place includes a vehicle. planting seed, for part 5B, see section 46. police officer includes a person mentioned in the Australian Crime Commission Act 2002 (Cwlth), section 49, whose services are made available to the Australian Crime Commission. prescribed documents, for part 5A, see section 43A. prescribed photograph, for part 5B, see section 46. proceeds, for part 5, see section 30(1). processed cannabis, for part 5B, see section 46. produce means— (a) prepare, manufacture, cultivate, package or produce; (b) offering to do any act specified in paragraph (a); (c) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in paragraph (a). prosecution information notice means a written notice that informs a person that— (a) the prosecution intends to claim that— (i) for an offence to which section 130 applies—a substance was a controlled substance; or (ii) for an offence to which section 131 applies—specified equipment was used in the production of a relevant dangerous drug; or (iii) for an offence to which section 131A applies—a substance was a medicine or poison or veterinary chemical product; and (b) if the person wants to challenge the claim, the defendant must give a challenge notice to the commissioner of the police service; and (c) a challenge notice must be given within 28 days after the prosecution information notice is served on the person. register, for part 5A, see section 43A. relevant authority, for part 5B, see section 46. relevant position, for part 5B, see section 46. relevant power, for part 5B, see section 46. relevant transaction, for part 5A, see section 43A. researcher, for part 5B, see section 46. researcher licence, for part 5B, see section 46. seed handler, for part 5B, see section 46. seed handler licence, for part 5B, see section 46. smoke includes inhale. supply— (a) for part 5A—see section 43A; or (b) otherwise, means— (i) give, distribute, sell, administer, transport or supply; or (ii) offering to do any act specified in subparagraph (i); or (iii) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in subparagraph (i). THC means tetrahydrocannabinol. treatment order means a drug and alcohol treatment order under the Penalties and Sentences Act 1992, part 8A. unlawfully means without authorisation, justification or excuse by law. vehicle includes any aircraft or vessel. whole weight, of a dangerous drug, means the total weight of the drug and any other substance with which it is mixed or in which it is contained. 4A Meaning of analogue (1) A thing is an analogue of a dangerous drug if it is any of the following in relation to the dangerous drug, regardless of how the thing is made— (a) a structural isomer with the same constituent groups; (b) an alkaloid; (c) a structural modification that is any of the following— (i) the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures; (ii) the addition of hydrogen atoms to 1 or more unsaturated bonds; (iii) the replacement of 1 or more of the groups or atoms stated in subsection (2) with 1 or more of the other groups or atoms stated in that subsection; (d) any other homologue. (2) For subsection (1)(c)(iii), the following groups and atoms are stated— (a) alkoxy, cyclic diether, acyl, acyloxy, mono-amino or dialkylamino groups with up to 6 carbon atoms in any alkyl residue; (b) alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the group, where the group is attached to oxygen, nitrogen, sulphur or carbon; Example— an ester or ether group attached to oxygen (c) halogen, hydroxy, nitro or amino groups; (d) hydrogen atoms; (e) carbonyl, ester or amide groups. (3) In this section— addition has its ordinary meaning. replacement has its ordinary meaning. 4AA Salts, derivatives and stereo-isomers of particular dangerous drugs A dangerous drug stated in the Drugs Misuse Regulation 1987, schedule 3, 4 or 5 includes— (a) a salt, derivative or stereo-isomer of the drug; and (b) a salt of a derivative or stereo-isomer of the drug. 4B Construction of particular terms In— (a) this Act the term 'an offence defined in part 2'; and (b) sections 10, 11 and 12 the term 'a crime defined in this part'; shall be read and construed as including any conspiracy to commit such offence or crime. 4BA Provision about s 4 , definition dangerous drug , paragraph (f) (1) This section applies if, in a proceeding for an offence against this or another Act, it is relevant to prove that a thing is a dangerous drug under section 4, definition dangerous drug, paragraph (f). (2) The thing is a dangerous drug if it is intended, by the accused person, to have a pharmacological effect of a thing mentioned in section 4, definition dangerous drug, paragraphs (a), (b), (c), (d) or (e). 4C Analysts (1) The Minister may, by gazette notice, appoint as an analyst for this Act, a person the Minister is satisfied has the qualifications, standing and experience necessary to be an analyst for this Act. (2) Also, a regulation may declare a person who holds a stated appointment, qualification or other recognition under the law of another State or the Commonwealth as an analyst, whether that or another term is used, to be an analyst for this Act. (3) The Minister may delegate the Minister's function under subsection (1) to— (a) the chief executive; or (b) an officer of the department who the Minister is satisfied has the qualifications, experience or standing necessary to perform the function. Example of standing— the officer's classification or level in the department (4) In this section— function includes power. 4D Non-application of ss 5 , 6 , 8 and 9 to particular manufactured products (1) Sections 5, 6, 8 and 9 do not apply to a manufactured product. (2) In this section— administered, in relation to a manufactured product, means administered, by any means, for any purpose that includes the alteration of a person's behaviour, mood or perception. Examples of means by which a manufactured product may be administered— injection by syringe or inhalation of a vapour industrial cannabis plant has the same meaning as in section 46. manufactured product means a product that— (a) is made from, or partly from, processed cannabis that— (i) is harvested from industrial cannabis plants; and (ii) has a concentration of THC in it of not more than 0.1%; and (b) is in a form that stops it from being smoked or administered. processed cannabis has the same meaning as in section 46. 4E Notes A note in the text of this Act is part of this Act. Part 2 Drug offences 5 Trafficking in dangerous drugs (1) A person who carries on the business of unlawfully trafficking in a dangerous drug is guilty of a crime. Maximum penalty—life imprisonment. (2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section. (3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer. 6 Supplying dangerous drugs (1) A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime. Maximum penalty— (a) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 1 and the offence is one of aggravated supply under subsection (2)(a)—life imprisonment; or (b) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 1 and the offence is one of aggravated supply under subsection (2)(aa), (b), (c), (d) or (e)—25 years imprisonment; or (c) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 1 and paragraphs (a) and (b) do not apply—20 years imprisonment; or (d) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 2 and the offence is one of aggravated supply under subsection (2)(a)—25 years imprisonment; or (e) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 2 and the offence is one of aggravated supply under subsection (2)(aa), (b), (c), (d) or (e)—20 years imprisonment; or (f) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 2 and paragraphs (d) and (e) do not apply—15 years imprisonment. (2) For the purposes of this section, an offence is one of aggravated supply if the offender is an adult and— (a) the person to whom the thing is supplied is a minor under 16 years; or (aa) the person to whom the thing is supplied is a minor who is 16 years or more; or (b) the person to whom the thing is supplied is an intellectually impaired person; or (c) the person to whom the thing is supplied is within an educational institution; or (d) the person to whom the thing is supplied is within a correctional facility; or (e) the person to whom the thing is supplied does not know he or she is being supplied with the thing. (3) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section. (4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer. 7 Receiving or possessing property obtained from trafficking or supplying (1) A person who receives or possesses property, other than a dangerous drug, (offence property) obtained, directly or indirectly, from the commission of— (a) an offence defined in section 5 or 6; or (b) an act done at a place not in Queensland which if it had been done in Queensland would have constituted an offence defined in section 5 or, as the case may be, 6, and which is an offence under the laws in force in the place where it was done; knowing or believing the property to have been so obtained, is guilty of a crime. Maximum penalty—20 years imprisonment. (2) Where the offence property has been— (a) mortgaged, pledged or exchanged for other property; or (b) converted into other property in any manner whatever; any person who knowing or believing— (c) that the other property is wholly or in part the property for which the offence property has been mortgaged, pledged or exchanged or into which the same has been converted; and (d) that the offence property was obtained under such circumstances as to constitute a crime under subsection (1); receives or possesses the whole or any part of the other property for which the offence property has been mortgaged, pledged or exchanged or into which the offence property has been converted, is guilty of a crime. Maximum penalty—20 years imprisonment. (2A) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section. (2B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer. (3) For the purpose of proving the receiving of property it is sufficient to show that the accused person has, either alone or jointly with some other person, aided in concealing the property or disposing of it. 8 Producing dangerous drugs (1) A person who unlawfully produces a dangerous drug is guilty of a crime. Maximum penalty— (a) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987, schedule 4 in respect of that thing—25 years imprisonment; or (b) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987, schedule 3 but less than the quantity specified in the Drugs Misuse Regulation 1987, schedule 4 in respect of that thing and the person convicted— (i) satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment; (ii) does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or (c) in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 1—20 years imprisonment; or (d) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 2 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987, schedule 3 in respect of that thing—20 years imprisonment; or (e) in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 2—15 years imprisonment. (2) For a dangerous drug that is a thing specified in the Drugs Misuse Regulation 1987, schedule 1, part 2 (a part 2 drug), a reference in subsection (1) to the quantity of the thing is a reference to the whole weight of all the part 2 drugs (whether of the same or different types) that the person is convicted of unlawfully producing. (3) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section. (4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer. 8A Publishing or possessing instructions for producing dangerous drugs (1) A person who unlawfully publishes instructions, or unlawfully has possession of a document containing instructions, about the way to produce a dangerous drug commits a crime. Maximum penalty— (a) if the dangerous drug to which the instructions relate is a thing specified in the Drugs Misuse Regulation 1987, schedule 1—25 years imprisonment; or (b) if the dangerous drug to which the instructions relate is a thing specified in the Drugs Misuse Regulation 1987, schedule 2—20 years imprisonment. (2) It is a defence to a charge of an offence against subsection (1) of unlawfully publishing instructions, or unlawfully possessing a document containing instructions, about the way to produce cannabis as a commercial fibre or seed crop, for a person to prove that the person published the instructions, or possessed the document containing the instructions, for a purpose authorised under part 5B. (3) In this section— document containing instructions about the way to produce a dangerous drug includes anything designed to enable electronic access specifically to the instructions. Example of a thing designed to enable electronic access to instructions— a document containing a computer password specifically designed to give access through a computer to the instructions publish includes publish to any person and supply, exhibit and display to any person, whether the publication is made orally or in written, electronic or another form. 9 Possessing dangerous drugs (1) A person who unlawfully has possession of a dangerous drug is guilty of a crime. Maximum penalty— (a) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987, schedule 4 in respect of that thing—25 years imprisonment; or (b) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987, schedule 3 but is less than the quantity specified in the Drugs Misuse Regulation 1987, schedule 4 in respect of that thing and the person convicted— (i) satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment; or (ii) does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or (c) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 2 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987, schedule 3 in respect of that thing—20 years imprisonment; or (d) in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 1 or 2—15 years imprisonment. (2) For a dangerous drug that is a thing specified in the Drugs Misuse Regulation 1987, schedule 1, part 2 (a part 2 drug), a reference in subsection (1) to the quantity of the thing is a reference to the whole weight of all the part 2 drugs (whether of the same or different types) that the person is convicted of unlawfully possessing. 9A Possessing relevant substances or things (1) A person who unlawfully possesses a relevant substance or thing commits a crime. Maximum penalty—15 years imprisonment. (1A) It is a defence to a charge of an offence against subsection (1) for a person to prove that the person has a reasonable excuse for possessing the relevant substance or thing. (2) In this section— relevant substance or thing means— (a) a substance that is, or contains, a controlled substance and the gross weight of the relevant substance is of, or exceeds, the gross weight specified in the Drugs Misuse Regulation 1987, schedule 8A in respect of the relevant substance; or (b) substances that together are, or contain, a controlled substance and the total gross weight of the relevant substances is of, or exceeds, the total of the gross weights specified in the Drugs Misuse Regulation 1987, schedule 8A in respect of the relevant substances; or (c) a thing specified in the Drugs Misuse Regulation 1987, schedule 8B. 9B Supplying relevant substances or things (1) A person who unlawfully supplies a relevant substance or thing as defined under section 9A(2) to another, whether or not the other person is in Queensland, for use in connection with the commission of a crime under section 8, commits a crime. Maximum penalty—15 years imprisonment. (2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section. (3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer. 9C Producing relevant substances or things (1) A person who unlawfully produces a relevant substance or thing as defined under section 9A(2), for use in connection with the commission of a crime under section 8, commits a crime. Maximum penalty—15 years imprisonment. (2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section. (3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer. 9D Trafficking in relevant substances or things (1) A person who carries on the business of unlawfully trafficking in a relevant substance or thing as defined under section 9A(2), for use in connection with the commission of a crime under section 8, commits a crime. Maximum penalty—20 years imprisonment. (2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section. (3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer. 10 Possessing things (1) A person who has in his or her possession anything— (a) for use in connection with the commission of a crime defined in this part; or (b) that the person has used in connection with such a purpose; is guilty of a crime. Maximum penalty—15 years imprisonment. (2) A person who unlawfully has in his or her possession anything (not being a hypodermic syringe or needle)— (a) for use in connection with the administration, consumption or smoking of a dangerous drug; or (b) that the person has used in connection with such a purpose; commits an offence against this Act. Maximum penalty—2 years imprisonment. (3) A person (other than a medical practitioner, pharmacist or person or member of a class of persons authorised so to do by the Minister administering the Medicines and Poisons Act 2019) who supplies a hypodermic syringe or needle to another, whether or not such other person is in Queensland, for use in connection with the administration of a dangerous drug commits an offence against this Act. Maximum penalty—2 years imprisonment. (4) A person who has in his or her possession a thing being a hypodermic syringe or needle who fails to use all reasonable care and take all reasonable precautions in respect of such thing so as to avoid danger to the life, safety or health of another commits an offence against this Act. Maximum penalty—2 years imprisonment. (4AA) For subsection (4), it is immaterial whether the hypodermic syringe or needle was for use, or had been used, in connection with the administration of a dangerous drug. (4A) A person who has in his or her possession a hypodermic syringe or needle that has been used in connection with the administration of a dangerous drug who fails to dispose of such hypodermic syringe or needle in accordance with the procedures prescribed by regulation commits an offence against this Act. Maximum penalty—2 years imprisonment. (6) For subsection (1), the dangerous drug to which the commission of a crime relates is the dangerous drug directly or indirectly involved and in relation to which proof is required to establish the commission of the crime. Example— Suppose a person is guilty of a crime against this section because he or she has in his or her possession equipment for use in connection with the commission of a crime defined in section 8 of unlawfully producing a dangerous drug. That dangerous drug is the dangerous drug referred to in the penalty for subsection (1). 10A Possessing suspected property (1) A person who has in his or her possession any property (other than a dangerous drug, hypodermic syringe or needle) reasonably suspected of— (a) having been acquired for the purpose of committing an offence defined in this part; or (b) having been used in connection with the commission of such an offence; or (c) having been furnished or intended to be furnished for the purpose of committing such an offence; or (d) being the proceeds of such an offence; or (e) having been acquired with the proceeds of such an offence; or (f) being property into which the proceeds of such an offence have, in some other manner, been converted; who does not give an account satisfactory to the court of how the person lawfully came by or had such property in the person's possession commits an offence against this Act. Maximum penalty—2 years imprisonment. (2) Where the person declares that he or she received the property from some other person or that he or she was employed as a carrier, agent or servant to convey the property to some other person, the court may cause every such person and also, if necessary, every other person through whose possession the property has passed to be brought to the same or another court and examined concerning the property. (3) A person brought to the court pursuant to subsection (2) who appears to the court to have had possession of the property and to have had reasonable cause to believe the same— (a) to have been acquired for the purpose of committing an offence defined in this part; or (b) to have been used in connection with the commission of such an offence; or (c) to have been furnished or intended to be furnished for the purpose of committing such an offence; or (d) to be the proceeds of such an offence; or (e) to have been acquired with the proceeds of such an offence; or (f) to be property into which the proceeds of such an offence have, in some other manner, been converted; commits an offence against this Act. Maximum penalty—2 years imprisonment. (4) For the purpose of proving the possession of any property it is sufficient to show that the defendant has, either alone or jointly with some other person, aided in concealing the property or disposing of it. 10B Possession of a prohibited combination of items (1) A person who unlawfully possesses a prohibited combination of items commits a crime. Maximum penalty—25 years imprisonment. (2) To remove any doubt, it is declared that a person who unlawfully possesses a prohibited combination of items commits an offence against subsection (1) even if the items are separate or at different places. Example for subsection (2)— A combination of chemical A, chemical B and chemical C is a prohibited combination of items. John Smith unlawfully possesses chemical A, chemical B and chemical C. John Smith commits a crime under subsection (1) even though chemical A is in his garage, chemical B is in his storage shed and chemical C is in his utility room. (3) In this section— prohibited combination of items means a combination of items that is prescribed under the Drugs Misuse Regulation 1987, schedule 8C. 11 Permitting use of place (1) A person who, being the occupier or concerned in the management or control of a place, permits the place to be used for the commission of a crime defined in this part is guilty of a crime. Maximum penalty—15 years imprisonment. (2) For subsection (1), the dangerous drug to which the commission of a crime relates is the dangerous drug directly or indirectly involved and in relation to which proof is required to establish the commission of the crime. Example— Suppose a person is guilty of a crime against this section because, being the occupier of a place, he or she permitted another person to use the place for the commission of a crime defined in section 8A of publishing instructions about the way to produce a dangerous drug. That dangerous drug is the dangerous drug referred to in the penalty for subsection (1). 12 Parties to offences committed outside Queensland A person who, in Queensland, is a party to an act done at a place not in Queensland which if it had been done in Queensland would have constituted a crime defined in this part and which is an offence under the laws in force in the place where it was done is guilty of a crime and is liable to the same punishment and forfeiture as if the act had been done in Queensland. 13 Certain offences may be dealt with summarily (1) Where a person charged with the commission of a crime defined in section 6, 8, 9, 9A, 9B, 9C, 10(1), 11 or 12 or an attempt to commit any such crime is liable upon conviction to not more than 15 years imprisonment, proceedings in respect of a charge of the offence may be taken summarily. (2) Where a person is charged with the commission of a crime defined in section 7 or an attempt to commit any such crime in respect of property obtained from the commission of— (a) an offence defined in section 6; or (b) an act referred to in section 7(1)(b) which if it had been done in Queensland would have constituted an offence defined in section 6; which offence or act is of such a nature, or is committed under such circumstances, that the person who committed the offence or act— (c) upon conviction is liable, pursuant to section 6, to not more than 15 years imprisonment; or (d) might be summarily convicted under the laws in force in the place where it was committed; proceedings in respect of a charge of the crime or an attempt to commit any such crime may be taken summarily. (2A) Despite subsections (1) and (2), proceedings may not be taken summarily in relation to a charge of an offence defined in section 6, 7, 8, 9B or 9C if the prosecution alleges the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q. (3) If a person is charged with the commission of a crime, or an attempt to commit a crime, defined in section 8A, proceedings in relation to the charge may be taken summarily. (4) A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than— (a) if a treatment order is made for the person—4 years imprisonment; or (b) otherwise—3 years imprisonment. 13A Offences that may be dealt with summarily if treatment order is sought (1) If a person is charged with the commission of an offence mentioned in subsection (3), or an attempt to commit the offence, proceedings in relation to the charge may be taken summarily. (2) However, the proceedings may be taken summarily only if both the person and prosecution agree to a treatment order being made for the offence. (3) For subsection (1), the offences are— (a) an offence mentioned in section 6(1), if the person is liable on conviction to not more than the penalty mentioned in paragraph (c) of the maximum penalty for that section; or (b) an offence mentioned in section 8(1), if the person is liable on conviction to not more than the penalty mentioned in paragraph (b)(i), (c) or (d) of the maximum penalty for that section; or (c) an offence defined in section 9(1), if— (i) the person is liable on conviction to a penalty mentioned in paragraph (b)(i) or (c) of the maximum penalty for that section; and (ii) the offence can not be dealt with summarily under section 14. (4) Despite subsection (1), proceedings may not be taken summarily in relation to a charge of an offence mentioned in subsection (3) if the prosecution alleges the offence was committed with the circumstances of aggravation stated in the Penalties and Sentences Act 1992, section 161Q. (5) A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than 4 years imprisonment. 14 Other offences that may be dealt with summarily if no commercial purpose alleged (1) Subject to subsection (2), if a person charged with the commission of a crime defined in section 9, or an attempt to commit the crime, is liable on conviction to more than 15 years imprisonment, proceedings for a charge of the offence may be taken summarily. Editor's note— section 9 (Possessing dangerous drugs) Note— It is open to the director of public prosecutions to issue guidelines for deciding whether to take proceedings summarily under subsection (1). (See the Director of Public Prosecutions Act 1984, section 11 (Powers of director).) (2) Proceedings may not be taken summarily if the prosecution alleges that the possession the subject of the charge was for a commercial purpose. (3) A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than— (a) if a treatment order is made for the person under the Penalties and Sentences Act 1992, part 8A—4 years imprisonment; or (b) otherwise—3 years imprisonment. 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] (Repealed) Part 4 [Repealed] (Repealed) Part 5 Forfeiture and restraint 30 Interpretation (1) In this part— court means— (a) the Supreme Court; or (b) the District Court; or (c) in relation to an application for the forfeiture of dangerous drugs to any value, or for the forfeiture or restraint of personal property (other than an estate or interest in land) with a value of not more than $25,000 or to both these applications— (i) a Magistrates Court constituted by a magistrate; or (ii) if the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate. proceeds of an offence means property derived directly or indirectly from the commission of the offence. (2) For the purposes of this part, a person shall be deemed to have been convicted of an offence defined in part 2 if— (a) that person has been found guilty of the offence by a court, or has pleaded that he or she is guilty of the offence, but is discharged, absolutely or conditionally, without conviction; or (b) a court, at the request of that person, takes the offence into account in determining the penalty for some other offence. (3) Where pursuant to this part, real property, or an estate or interest in land other than real property, vests in the Crown it shall, where the Minister so directs, be held upon trust by the public trustee for and on behalf of the Crown. 31 Jurisdiction Jurisdiction is conferred on a court to hear and determine applications under this part and to make orders authorised by this part. 32 Forfeiture of dangerous drugs (1) If a court is satisfied beyond reasonable doubt that a thing, or any part of it, is any of the following, the court may, on application made to it, order that all or any part of the thing be forfeited to the State— (a) a dangerous drug; (b) a chemical used or intended to be used in or for manufacturing a dangerous drug; (c) property contaminated by a chemical used in or for manufacturing a dangerous drug. (2) The application may be made in the absence of any other party. (3) If, in a proceeding against a person for a charge of an offence against a provision of part 2, the person admits to a court either of the following in relation to a thing the charge alleges is or contains a dangerous drug, the court may order that the thing be forfeited to the State— (a) the identity and quantity of the dangerous drug; (b) the quantity, but not the identity of the thing alleged to be a dangerous drug. (4) If the court makes an order on an application under subsection (1) or (3), in relation to a thing that is or contains a dangerous drug, the court must, in its order, make a finding of fact as to— (a) the identity of the dangerous drug; and (b) the quantity of the thing ordered to be forfeited. (5) However, the court may not make an order of fact as to the identity of a dangerous drug unless, under subsection (3), the person charged admits the identity of the dangerous drug. (6) Production in proceedings in respect of a charge against a person of having committed an offence defined in part 2 of an order made under subsection (1) or (3) is, unless the contrary is proved, conclusive evidence of the matters contained therein. (7) Subsection (6) applies in relation to an order made under subsection (1) on or after the commencement of this subsection only if a representative sample of the thing forfeited is retained for analysis and, if required, production before a court in a proceeding for a charge of an offence to which the thing relates. (8) If a court finds a person guilty of an offence against a provision of part 2, whether or not a conviction is recorded for the offence, any of the following that is alleged to be involved in the offence is forfeited to the State— (a) a dangerous drug for which an order was not made under subsection (1) or (3); (b) a chemical used or intended to be used in or for manufacturing a dangerous drug; (c) property contaminated by a chemical used in or for manufacturing a dangerous drug. (9) Where a person charged with an offence defined in part 2 is not convicted of any offence on that charge the court before which the person was charged may order— (a) that anything that is alleged to be a dangerous drug in respect of which an order was not made under subsection (1); or (b) that the remainder of anything produced pursuant to subsection (1); and in respect of which the offence was alleged to have been committed, be forfeited to the Crown and any such thing or remainder of such thing shall thereby be forfeited accordingly. 33 Liability of property (other than a dangerous drug) to forfeiture (1) Property (other than a dangerous drug) is liable to forfeiture under this part if the property is— (a) acquired for the purpose of committing an offence defined in part 2; or (b) used in connection with the commission of such an offence; or (c) furnished or intended to be furnished for the purpose of committing such an offence; or (d) the proceeds of such an offence; or (e) acquired with the proceeds of such an offence; or (f) property into which the proceeds of such an offence have, in some other manner, been converted. (2) Where— (a) there has been an accretion to a person's property in consequence of the commission of an offence defined in part 2 (either by that person or some other person); and (b) identification of specific property as being liable to forfeiture under subsection (1) is not possible (either because the property has been dissipated or for any other reason); the whole of the person's property is liable to forfeiture under this part but, on an application for forfeiture, only so much of the property as is necessary to realise a sum equal to the value of the accretion shall be forfeited. (3) Where a person charged with the commission of an offence defined in part 2 was in possession of property at or immediately after the commission of the offence the court hearing an application made under section 34(1) shall presume that the property is liable to forfeiture unless that person proves to the contrary. 34 Forfeiture orders (1) Where a court is satisfied, upon application made to it— (a) that property is liable to forfeiture in consequence of the commission of an offence defined in part 2; and (b) that a person— (i) has been convicted of such an offence; or (ii) is dead, can not be found or is for any other reason not amenable to justice; the court may order that the property be forfeited to the Crown and shall specify in any such order, other than an order in respect of money, the amount that it considers is the value of the property. (2) Where property that is liable to forfeiture under section 33 is received or acquired by a person who was not a party to the commission of the offence by virtue of which the property is liable to forfeiture, an order for forfeiture of the property may be made unless that person proves— (a) that the person gave valuable consideration for the property; and (b) that at the time of receiving or acquiring the property the person neither knew nor had reason to suspect the circumstances by virtue of which the property is liable to forfeiture. (3) In considering whether it is appropriate to make a forfeiture order under subsection (1) or (2) the court may have regard to— (a) any extreme hardship that may be likely to be caused to any person by the operation of such an order; and (b) the use that is ordinarily made of the property. (4) A court that makes a forfeiture order in respect of property may also, if it is satisfied— (a) that it would not be contrary to the public interest for the property to be returned to the person in whom the property was vested immediately before the making of the forfeiture order; and (b) that there is no other reason why the property should not be returned to that person; by order declare that the forfeiture order may be discharged as provided by section 39(1). (5) Subject to subsection (6), any question of fact to be decided by a court on an application for forfeiture shall be decided on the balance of probabilities. (6) Where, on an application for forfeiture, a person is alleged to have committed an offence defined in part 2 of which the person has not been convicted, a court shall be satisfied, in relation to that allegation, that the evidence adduced before it— (a) if the offence is a crime defined in that part—is sufficient to put the person upon trial for that crime; or (b) if the offence is an offence defined in section 10(2)—is sufficient for a court to hold that the person has a case to answer. 35 Interested parties entitled to notice and appearance Where an application for forfeiture of property is made under section 34 a person who has an interest in the property is entitled— (a) to such notice of the application as may be determined by the court to which the application is made; and (b) to appear and be heard on the application. 36 Effect of forfeiture (1) Upon the making of a forfeiture order under section 34 the property to which it relates shall divest from the person in whom it is vested at that time and vest in the Crown and, subject to any further order made in relation to that property by a court, shall be destroyed or disposed of in accordance with the Minister's directions. (2) A person who is in possession of property forfeited to the Crown under section 34 or of documents of title to such property shall deliver the property or the documents of title to a person authorised in that behalf by the Minister, upon demand of that authorised person. (3) Where a person has delivered property or documents of title to property in compliance with subsection (2) the person shall thereby be discharged from any duty or obligation had by him or her to any other person in relation to the disposition of the property or documents of title and from all liability that, but for this subsection, might have arisen by reason of such delivery. (4) The registrar of titles and any other person charged with the keeping of registers relating to property forfeited to the Crown pursuant to this part shall, upon request in that regard and upon production to him or her of sufficient evidence of the forfeiture record— (a) the forfeiture to and vesting in the Crown of the property; or (b) where the Minister so directs, the public trustee as being the holder upon trust for and on behalf of the Crown of the property; in the register in his or her keeping and may do so notwithstanding— (c) any other Act to the contrary; or (d) that any relevant document of title to the property is not produced to him or her. (5) In all proceedings and for all purposes a certificate purporting to be by— (a) the registrar or a deputy registrar of the Supreme Court if that court makes the order; or (b) the registrar of the Childrens Court constituted by a judge if that court makes the order; or (c) the clerk of the court at the place where— (i) the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or (ii) a Magistrates Court constituted by a magistrate; is the court making the order; as to the making of the order and the property to which the order relates shall be conclusive evidence of the matters contained therein. (6) Where a certificate referred to in subsection (5) is duly produced to the registrar of the Supreme Court for registration the registrar shall, upon payment of the appropriate fee, register the certificate in the court and thereupon the certificate shall be a record of the court and the order to which it refers shall be deemed to be a judgment of the court, duly entered, obtained by the Crown as plaintiff in an action for the recovery of possession of the property to which the order relates against the person from whom the property has been divested under subsection (1), and all such proceedings may be taken to recover the property as could be taken if the judgment had been given by the court in favour of the Crown. 37 Effect of forfeiture order on third parties (1) Where an application for forfeiture of property has been made under section 34, any person who claims an estate or interest in the property may apply to the court for an order under subsection (2). (2) Where— (a) a person has made an application under subsection (1); and (b) a forfeiture order has been made in respect of property, whether before or after the making of the application; the court hearing the application may, if it is satisfied on the balance of probabilities that the person was not a party to the commission of the offence, make an order— (c) declaring the nature, extent and value of the person's estate or interest in the property (including accruing interest (if any)); and (d) declaring that there is payable by the Crown to the person an amount equal to the value of the person's estate or interest in the property as declared by the court pursuant to paragraph (c). (3) Where, on application by a person, a court makes an order under subsection (2) in respect of property, the court may also, if it is satisfied— (a) that it would not be contrary to the public interest for the property to be transferred to the person; and (b) that there is no other reason why the property should not be transferred to the person; make an order declaring that the person is entitled to discharge the forfeiture order as provided by section 39. (4) An application under subsection (1) in respect of property may be made— (a) at the hearing of the application for a forfeiture order in respect of the property; or (b) at any time after the making of a forfeiture order in respect of the property, by a person who was not given notice by the prosecution of the making of the application for the forfeiture order and who did not appear at the hearing of the last mentioned application; or (c) at any time after the making of a forfeiture order in respect of the property, if the court is satisfied that there are special grounds for permitting the making of such an application. (5) Without limiting the generality of subsection (4)(c), special grounds for permitting the making of an application by a person under subsection (1) after the making of a forfeiture order include the following— (a) that the person was unable to appear at the hearing of the application for the forfeiture order; (b) that the person, for a good reason, did not appear at the hearing of the application for the forfeiture order; (c) that particular evidence proposed to be adduced by the person in connection with the application under subsection (1) was not available to the person at the time of the hearing of the application for the forfeiture order. (6) A person who makes an application under subsection (1) in respect of property, otherwise than at the hearing of an application for a forfeiture order in respect of the property, shall give notice to the Minister of the making of the application and of the date, time and place for the hearing of the application. 38 Discharge of forfeiture (1) Where— (a) property has been forfeited to the Crown by order made under section 34 in reliance on the conviction of a person of an offence defined in part 2; and (b) that person has appealed against the conviction; a court hearing the appeal, if it allows the appeal, may order that the forfeiture order be quashed. (2) Subject to section 41(2), where a forfeiture order in respect of property is quashed as provided by subsection (1) or by a court hearing an appeal against the making of the forfeiture order, the person whose property it was immediately before forfeiture or the person's legal personal representative may, by application in writing, request the Minister to return the property. (3) The Minister by certificate shall certify whether or not— (a) the property is still in specie and still vested in the Crown; or (b) the property has been disposed of or destroyed. (4) Where the Minister certifies pursuant to subsection (3)(a), the property shall thereby divest from the Crown and vest in the applicant. (5) Where the Minister certifies pursuant to subsection (3)(b), there is payable to the applicant by the Crown the amount specified in the forfeiture order as the value of the property. (6) Where— (a) a person applies to the Minister under subsection (2) for the return of property that is still vested in the Crown; and (b) pursuant to an order made under section 37(2), an amount has been paid by the Crown to another person in respect of that other person's interest in the property; then, notwithstanding subsections (4) and (5), the Minister shall inform the first mentioned person that the property will be returned to the first mentioned person on payment to the Crown of an amount equal to the amount mentioned in paragraph (b) and, where that amount is paid to the Crown, the Minister shall arrange for the property to be returned to the first mentioned person. (7) Where— (a) a person applies to the Minister under subsection (2) for the return of property that is not still vested in the Crown; and (b) pursuant to an order made under section 37(2), an amount has been paid by the Crown to another person in respect of that other person's interest in the property; then, notwithstanding subsections (4) and (5), there is payable to the first mentioned person the amount specified in the forfeiture order as the value of the property, reduced by an amount equal to the amount mentioned in paragraph (b). (8) Where— (a) a person applies to the Minister under subsection (2) for the return of the property that is not still vested in the Crown; and (b) the property has been transferred to another person pursuant to section 39(4); there is payable to the first mentioned person the amount specified in the forfeiture order as the value of the property, reduced by the amount specified in an order made under section 37(2) as the value of the other person's interest in the property. 39 Discharge of forfeiture order by payment to Crown (1) Where a court that has made a forfeiture order in respect of property makes an order under section 34(4) in respect of the forfeiture order, the payment to the Crown, while the property is still vested in the Crown, of the amount specified in the forfeiture order as the value of the property operates to discharge the forfeiture order. (2) Where— (a) a forfeiture order has been made in respect of property; and (b) on application by a person, a court makes an order under section 37(2) in respect of the property and an order under section 37(3) in respect of the forfeiture order; the person may, while the property is still vested in the Crown pay to the Crown— (c) if the Crown has already made a payment to the person in accordance with the order made under section 37(2)—the amount specified in the forfeiture order as to the value of the property; or (d) in any other case—the amount specified in the forfeiture order as the value of the property, reduced by the amount specified in the order made under section 37(2) as the value of the person's interest in the property; and the making of that payment by the person operates to discharge the forfeiture order. (3) Where a forfeiture order in respect of property is discharged as provided by subsection (1), the Minister shall arrange for the property to be returned to the person in whom it was vested immediately before the making of the forfeiture order. (4) Where a forfeiture order in respect of property is discharged as provided by subsection (2), the Minister shall arrange for the property to be transferred to the person who made the payment to the Crown in accordance with that subsection. 40 Certain instruments exempt from fees Where it is necessary to make any instrument or to correct registers kept in respect of property transferred from the Crown or, as the case may be, the public trustee, no fees shall be payable in respect of the instrument in any office in which such registers are kept. 41 Restraining order (1) Where a court is satisfied, upon application made to it— (a) that property may be liable to forfeiture in consequence of the commission of an offence defined in part 2; and (b) that proceedings have been, or are about to be, commenced against a person in respect of such offence; it may make a restraining order in respect of that property, and such other ancillary order as it thinks fit. (2) Where a court hearing an appeal quashes a forfeiture order it may make a restraining order in respect of the property to which the order relates, and such other ancillary order as it thinks fit. (3) Upon the making of a restraining order— (a) the management and control of the property to which it relates shall pass to the person named in the order as manager of the property and remain in that person while the order remains in force; and (b) the person whose property it is is incompetent in law to pass title of property to which it relates while the order remains in force; and (c) a person who holds property to which it relates on account of the person whose property it is shall hold that property on account of the person named in the order as manager of the property while the order remains in force and shall deal with that property as directed by the manager. (4) The manager named in a restraining order is empowered to deal with and dispose of property of which he or she is manager in and for the purposes of the management as if the manager were the absolute owner thereof subject always to the manager being prudent and diligent in the management thereof and to the manager complying with conditions specified in the order as regulating the management thereof. (5) Where a restraining order has been made the applicant therefor shall cause a copy of the order to be given to every person who, to the applicant's knowledge, is holding property affected by the order on account of the person to whose property the order relates. (5A) In the case of property held by a financial institution or body corporate it shall be sufficient compliance with subsection (5) if a copy of the order is given to the manager, branch manager or other person charged with the control of the property on account of the person to whose property the order relates and a copy of an order so given, or given to any other person who is holding property to which the order relates shall be deemed to have been given to every person employed in the service of that financial institution, body corporate or such last mentioned other person. (6) A person— (a) to whose property a restraining order relates; or (b) to whom a copy of a restraining order has been given or is deemed to have been given; shall not attempt to do or purport to do any act in disobedience to or wilful disregard of the order, while it remains in force. (7) A person who contravenes subsection (6) in respect to an order made by a magistrate commits an offence against this Act. Maximum penalty—2 years imprisonment. (8) A person who contravenes subsection (6) in respect to an order made by a judge is guilty of a crime. Maximum penalty—5 years imprisonment. (9) Upon production of a copy of a restraining order made under this section, the registrar of titles and any other person charged with the keeping of registers relating to property referred to in the order shall not register any dealing with respect to that property until the order has been revoked or discharged. 42 Procedure upon application for restraining order (1) Upon an application for a restraining order, the court may require notice of the application to be given to such person as it considers should be informed of the proceedings. (2) Every person to whom notice of an application has been given shall be entitled to be heard with respec