Western Australia: Misuse of Drugs Act 1981 (WA)

Western Australia Misuse of Drugs Act 1981 Western Australia Misuse of Drugs Act 1981 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 3A. Approved analysts and botanists 6 3B. Specified drugs 6 4. Drugs and plants to which Act applies 7 5A. Authority required for some investigations 7 5B. Authorisation under Medicines and Poisons Act 2014 8 5C. Authorisation under Voluntary Assisted Dying Act 2019 10 Part II — Offences relating to prohibited drugs and prohibited plants 5. Offences concerned with prohibited drugs and prohibited plants in relation to premises and utensils 11 6. Offences concerned with prohibited drugs generally 12 7. Offences concerned with prohibited plants generally 13 7A. Selling or supplying a thing knowing it will be used in hydroponic cultivation of prohibited plants 14 7B. Drug paraphernalia, offences as to 15 8A. Defences relating to industrial hemp or industrial hemp seed 17 Part IIIA — Cannabis intervention Division 1 — Preliminary 8B. Terms used 21 8C. Operation of Young Offenders Act 1994 unaffected 22 8D. Appointment of authorised persons 22 Division 2 — Cannabis intervention requirements 8E. CIR may be given for minor cannabis related offence 22 8F. Cannabis intervention requirement 23 8G. Young persons — special requirements about CIRs 24 8H. Referral of young persons at risk to juvenile justice teams 25 8I. Withdrawal of CIR 25 Division 3 — Cannabis intervention sessions 8J. Cannabis intervention session 26 8K. Benefit of completing CIS 26 8L. Extension of time to complete CIS 27 8M. Certificate of completion of CIS 27 Part IIIB — Psychoactive substances 8N. Terms used 28 8O. Application of this Part to particular substances 29 8P. Effect of representing substance as psychoactive substance 30 8Q. Manufacture, sale or supply of psychoactive substances 30 8R. Promoting psychoactive substances 31 8S. Powers of police officers for purposes of this Part 31 8T. Powers to seize and dispose of thing suspected of being psychoactive substance 32 8U. Analysis of seized thing may be requested 33 Part III — Procedure 9. Summary trial of some indictable offences 35 10. Alternative verdicts 36 11. Presumption of intent to sell or supply 36 Part IV — Controls relating to possession, sale, supply and storage of certain substances and things 12. Terms used 38 13. Part not applicable to possession, sale or supply of certain substances or things 38 14. Possession of certain substances or things 39 15. Sale or supply of category 1 items 40 16. Storage of category 1 items 41 17. Sale or supply of category 2 items 41 18. Offences relating to declarations under s. 15(1)(c) or 17(1)(b) 42 19. Powers of police officers for purposes of this Part 42 20. Regulations as to category 1 items and category 2 items 44 Part 4A — Targeted searches Division 1 — Preliminary 20A. Terms used 45 Division 2 — Authorisations 20B. Authorisation to exercise powers to search a vehicle or a person 46 20C. Authorisation to exercise powers to search premises 47 Division 3 — Ancillary provisions in relation to exercising powers 20D. Other written laws 48 20E. Assistance when exercising powers under this Part 48 20F. Use of force 49 Division 4 — Vehicle searches 20G. Powers of police officers in relation to searching vehicle in drug detection area 49 20H. Powers of police officers in relation to searching persons in a drug detection area 51 Division 5 — Searches of delivery business premises 20I. Powers of police officers in relation to premises 52 Division 6 — Offences 20J. Failure to comply with requirement of police officer 53 20K. Application of section 29 to exercise of powers conferred by or under this Part 54 Division 7 — Prescribed procedures 20L. Regulations as to the exercise of powers under this Part 54 Part 4B — Border Search Areas Division 1 — Preliminary 20M. Terms used 55 20N. Border Search Area (BSA) 55 Division 2 — Ancillary provisions in relation to exercising powers in Division 3 20O. Other written laws 58 20P. Assistance when exercising powers under Division 3 58 20Q. Use of force 58 Division 3 — Powers of authorised officers in public place in BSA 20R. Authorised officers and BSA authorisations 59 20S. Exercise of powers under Division 60 20T. Powers of authorised officers in relation to persons 60 20U. Powers of authorised officers in relation to vehicles 61 Division 4 — Offences 20V. Application of section 29 to exercise of powers conferred by or under this Part 63 20W. Failure to comply with requirement of authorised officer 63 Division 5 — Reporting, oversight and review 20X. Commissioner's reports 63 20Y. Annual report by Corruption and Crime Commission 64 20Z. Inspection of records by Corruption and Crime Commission 65 20ZA. Review of Part 66 Part V — Location, seizure, detention and disposal of things used in commission of offences 21. Terms used 67 22. Powers of police officers and approved persons in relation to manufacturers, sellers and suppliers of prohibited drugs and cultivators, sellers and suppliers of prohibited plants 67 23. Powers of police officers when things suspected of being used in commission of offences 68 24. Granting of search warrants in connection with prevention or detection of offences 69 25. Powers ancillary to power of search 70 26. Powers of police officers and others when things suspected of being used in commission of offences found, received or acquired 71 26A. Powers of approved analyst or approved botanist 72 27. Disposal of prohibited drugs and prohibited plants 72 27A. Analysis at request of accused 75 27B. Confidentiality 75 28. Compensation for destroyed seized property 76 29. Hindering police officers and approved persons in exercise of powers conferred by or under this Part 77 30. Approved persons 78 Part VI — General 31. Undercover officers 79 32. No limitation 79 32A. Drug trafficking 79 33. Attempts, conspiracies, incitements and accessories after the fact 82 34. Penalties 83 35. Liability of officers for offence by body corporate 87 37. Proof of exceptions 87 38. Certificate of approved analyst or approved botanist 88 38A. Accused may obtain copy of certificate 88 38B. Accused may object to use of certificate 89 38C. Order for costs of approved analyst or approved botanist 89 38D. Evidence of contents of standard 90 39. Delegation by Commissioner 90 40. Civil liability of persons acting under this Act 91 41. Regulations 91 42. Amendment of certain schedules 92 42A. Annual report to Minister on Part 4A 94 42B. Review of Part 4A 95 Part VII — Transitional provisions Division 1 — Preliminary 43. Interpretation Act 1984 not limited 96 44. Transitional regulations 96 Division 2 — Provisions for Cannabis Law Reform Act 2010 45. Terms used 97 46. CINs continue in force 97 47. Amounts outstanding in 12 months time under a CIN are to be taken to be paid 97 48. Transitional provisions (Sch. IX) 98 Schedule I — Drugs to which Act applies, notwithstanding anything in Medicines and Poisons Act 2014 Schedule II — Plants to which this Act applies Schedule III — Amounts of prohibited drugs determining court of trial Division 1 — General Division 2 — Steroids Schedule IV — Numbers of prohibited plants determining court of trial Schedule V — Amounts of prohibited drugs giving rise to presumption of intention to sell or supply same Division 1 — General Division 2 — Steroids Schedule VI — Numbers of prohibited plants giving rise to presumption of intention to sell or supply same or prohibited drugs obtainable from same Schedule 6A — Border Search Areas Division 1 — Descriptions of BSAs Division 2 — Plans of BSAs 1. Broome Port 174 2. Broome Airport 174 3. Port of Port Hedland 175 4. Port Hedland International Airport 176 5. Port of Dampier 177 6. Port of Ashburton (Onslow) 177 7. Port of Geraldton 178 8. Perth Airport 179 9. Fremantle Port (Inner Harbour) 180 10. Fremantle Port (Outer Harbour) 182 11. Jandakot Airport 186 12. Wyndham Port 186 13. Bunbury Port 187 14. Busselton Airport 188 15. Albany Port 189 16. Esperance Port 189 17. Eyre Highway, Eucla (WA/SA border) 190 18. Victoria Highway near Kununurra (WA/NT border) 191 19. Tanami Road (WA/NT border) 191 20. Duncan Road (WA/NT border) 192 21. Great Central Road (WA/NT border) 192 22. Rawlinna Rail Siding 193 Schedule VII — Amounts of prohibited drugs for purposes of drug trafficking Division 1 — General Division 2 — Steroids Schedule VIII — Numbers of prohibited plants for purposes of drug trafficking Schedule IX — Transitional provisions 1. Property subject to holding orders under repealed s. 28 211 Notes Compilation table 212 Uncommenced provisions table 217 Other notes 217 Defined terms Western Australia Misuse of Drugs Act 1981 An Act to prevent the misuse of certain drugs and plants and to provide for matters incidental thereto or connected therewith. Part I — Preliminary 1. Short title This Act may be cited as the Misuse of Drugs Act 1981. 2. Commencement This Act shall come into operation on a day to be fixed by proclamation. 3. Terms used (1) In this Act, unless the contrary intention appears — adult means a person who has reached 18 years of age; analyst means analyst registered under section 203 of the Health (Miscellaneous Provisions) Act 1911; approved analyst means — (a) a person declared under section 3A to be an approved analyst; or (b) a person belonging to a class prescribed for the purposes of this definition; approved botanist means a botanist declared under section 3A to be an approved botanist; authorised prescription means a prescription issued by a prescriber as those terms are defined in the Medicines and Poisons Act 2014 section 7(1); Border Search Area (BSA) has the meaning given in section 20N(1); botanist means a person who — (a) holds a science degree in, or to a major extent in, botany awarded by — (i) a university in Australia; or (ii) a prescribed university; and (b) has had not less than 2 years practical experience in plant taxonomy; cannabis means plant of the genus Cannabis (by whatever name designated) or part of that plant; cannabis resin means separated resin, whether crude or purified, obtained from cannabis; category 1 item has the meaning given in section 12; category 2 item has the meaning given in section 12; child means a person who is under 18 years of age; Commissioner means the Commissioner of Police appointed under the Police Act 1892; controlled precursor means a category 1 item or a category 2 item; dangerous substance means a substance (other than a prohibited drug or prohibited plant) that is noxious or volatile; drug detection device means an electronic device, or a system that uses or involves an electronic device, of a type approved by the Commissioner for the purpose of detecting the presence of any of the following — (a) a prohibited drug; (b) a prohibited plant; (c) a controlled precursor; drug detection dog means a dog trained to detect the presence of any of the following — (a) a prohibited drug; (b) a prohibited plant; (c) a controlled precursor; drug of addiction means — (a) a Schedule 8 poison as defined in the Medicines and Poisons Act 2014 section 3; or (b) a Schedule 9 poison as defined in the Medicines and Poisons Act 2014 section 3; heroin means the drug commonly known as heroin and includes any substance containing diacetylmorphine or its salts and any preparation, admixture or extract containing diacetylmorphine or any such salt; industrial hemp has the meaning given to that term in section 3(1) of the Industrial Hemp Act 2004; industrial hemp seed has the meaning given to that term in section 3(1) of the Industrial Hemp Act 2004; medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; methylamphetamine means the prohibited drug referred to in Schedule VII item 8; opium means spontaneously coagulated juice obtained from the capsules of the opium poppy Papaver somniferum; preliminary drug detection test means — (a) leading or otherwise placing a drug detection dog in the vicinity of a person or property; or (b) using a drug detection device in relation to a person or property; processed industrial hemp means any product made from industrial hemp or industrial hemp seed that — (a) does not contain more than 1% of tetrahydrocannabinol; and (b) does not contain viable whole cannabis seed; and (c) is not manufactured in a form to be inhaled; prohibited drug means drug to which this Act applies by virtue of section 4; prohibited plant means plant to which this Act applies by virtue of section 4, or part of that plant; sample, in relation to any thing, means a sample of the thing taken by an approved analyst or an approved botanist under section 26A(a); simple offence means simple offence under this Act; specified drug means a substance that is prescribed to be a specified drug by regulations made under section 3B; summary court means court of summary jurisdiction constituted by a magistrate sitting alone; to cultivate, in relation to a prohibited plant, includes to grow, sow or scatter the seed produced by, or to plant, nurture, tend or harvest, the prohibited plant; to possess includes to control or have dominion over, and to have the order or disposition of, and inflections and derivatives of the verb "to possess" have correlative meanings; to supply includes to deliver, dispense, distribute, forward, furnish, make available, provide, return or send, and it does not matter that something is supplied on behalf of another or on whose behalf it is supplied; undercover officer means a participant or a corresponding participant as those terms are defined in the Criminal Investigation (Covert Powers) Act 2012 section 5; undercover operation means an authorised operation or corresponding authorised operation as those terms are defined in the Criminal Investigation (Covert Powers) Act 2012 section 5; vehicle includes aircraft, hovercraft, vessel and any other means of transportation. (2) In the case of liquid preparations, percentages shall, unless other provision in that behalf is made by the regulations, be calculated on the basis that a preparation containing 1% of a substance means a preparation in which one gram of the substance, if a solid, or one ml of the substance, if a liquid, is contained in every 100 ml of the preparation, and so in proportion for any greater or lesser percentage. [Section 3 amended: No. 50 of 1990 s. 7; No. 20 of 1991 s. 57; No. 32 of 1994 s. 3(2); No. 44 of 1995 s. 4; No. 3 of 1998 s. 3; No. 9 of 2003 s. 28; No. 1 of 2004 s. 50; No. 4 of 2004 s. 58; No. 59 of 2004 s. 141; No. 62 of 2004 s. 4; No. 50 of 2006 Sch. 3 cl. 15; No. 22 of 2008 Sch. 3 cl. 37; No. 42 of 2009 s. 21; No. 35 of 2010 s. 118; No. 45 of 2010 s. 5; No. 56 of 2011 s. 4; No. 55 of 2012 s. 118; No. 13 of 2014 s. 166; No. 19 of 2016 s. 101; No. 47 of 2016 s. 4; No. 3 of 2017 s. 4; No. 15 of 2018 s. 6; No. 16 of 2023 s. 4.] 3A. Approved analysts and botanists (1) The Commissioner may by notice published in the Gazette declare — (a) an analyst to be an approved analyst for the purposes of this Act; or (b) a botanist to be an approved botanist for the purposes of this Act. (2) The Commissioner may by further notice published in the Gazette amend or revoke a notice under this section. [Section 3A inserted: No. 44 of 1995 s. 5.] 3B. Specified drugs (1) The Governor may, on the recommendation of the Minister and the Minister responsible for administering the Medicines and Poisons Act 2014, make regulations prescribing a substance to be a specified drug for the purposes of this Act. (2) A recommendation that a substance be prescribed to be a specified drug may only be made if the relevant Minister is satisfied that there is high propensity for the substance to be misused, abused, used illicitly or diverted for the manufacture of a substance with a high propensity for misuse, abuse or illicit use. [Section 3B inserted: No. 13 of 2014 s. 167.] 4. Drugs and plants to which Act applies (1) Subject to subsection (4), the drugs to which this Act applies are — (a) drugs of addiction; and (b) specified drugs; and (c) whether or not they are also drugs of addiction or specified drugs, the drugs specified in Schedule I. (2) Subject to subsection (3), the plants to which this Act applies are — (a) plants from which a drug of addiction may be obtained, derived or manufactured; and (b) whether or not they are also plants referred to in paragraph (a), the plants specified in Schedule II. (3) This Act does not apply to the non‑viable seeds of the opium poppy Papaver somniferum. (4) This Act does not apply to processed industrial hemp. [Section 4 amended: No. 1 of 2004 s. 51; No. 13 of 2014 s. 168.] 5A. Authority required for some investigations This Act is subject to the Criminal Appeals Act 2004 section 46C. [Section 5A inserted: No. 9 of 2012 s. 10.] 5B. Authorisation under Medicines and Poisons Act 2014 (1) In this section — appropriate licence has the meaning given in the Medicines and Poisons Act 2014 section 12; appropriate permit has the meaning given in the Medicines and Poisons Act 2014 section 12; professional authority has the meaning given in the Medicines and Poisons Act 2014 section 3. (2) For the purposes of this Act the manufacture or preparation of a prohibited drug is authorised under the Medicines and Poisons Act 2014 if the prohibited drug is manufactured — (a) under an appropriate licence or a professional authority; and (b) in accordance with regulations made under that Act. (3) For the purposes of this Act, the sale or supply of a prohibited drug is authorised under the Medicines and Poisons Act 2014 if the prohibited drug is supplied — (a) under an appropriate licence, an appropriate permit or a professional authority; and (b) in accordance with regulations made under that Act. (4) For the purposes of this Act, a person is authorised under the Medicines and Poisons Act 2014 to manufacture, prepare, sell or supply a prohibited drug if — (a) the person — (i) holds an appropriate licence or an appropriate permit that authorises the manufacture or supply of the drug; or (ii) is authorised by a professional authority to manufacture or supply the drug; or (iii) is an employee or agent of a person referred to in subparagraph (i) or (ii); and (b) the manufacture, preparation, sale or supply is in accordance with the licence, permit or authority. (5) For the purposes of this Act, a person is authorised under the Medicines and Poisons Act 2014 to possess a prohibited drug if — (a) the drug is a Schedule 4 or 8 poison as defined in the Medicines and Poisons Act 2014 section 3 and possession of the drug by the person would not be an offence under the Medicines and Poisons Act 2014 section 14(4); or (b) the drug is a Schedule 9 poison as defined in the Medicines and Poisons Act 2014 section 3 and possession of the drug by the person would not be an offence under Medicines and Poisons Act 2014 section 17. (6) For the purposes of this Act a person is authorised under the Medicines and Poisons Act 2014 to use a prohibited drug if the drug is prescribed for the person by the holder of a professional authority who is authorised under the Medicines and Poisons Act 2014 to prescribe the drug to the person and the use is in accordance with the instructions of the prescriber. (7) For the purposes of this Act, an investigator as defined in the Medicines and Poisons Act 2014 section 3 is authorised to supply, obtain or possess a prohibited drug if the drug is supplied, obtained or possessed in the course of conducting an investigation under that Act. [Section 5B inserted: No. 13 of 2014 s. 169.] 5C. Authorisation under Voluntary Assisted Dying Act 2019 (1) For the purposes of this Act, a person is authorised under the Voluntary Assisted Dying Act 2019 to prepare, sell or supply a prohibited drug if — (a) the person is authorised by section 58, 59, 63 or 67 of that Act to prepare or supply the drug; and (b) the preparation or supply is in accordance with that Act. (2) For the purposes of this Act, a person is authorised under the Voluntary Assisted Dying Act 2019 to possess a prohibited drug if — (a) the person is authorised by section 58, 59, 63, 67, 75 or 77 of that Act to receive or possess the drug; and (b) the receipt or possession is in accordance with that Act. (3) For the purposes of this Act, a person is authorised under the Voluntary Assisted Dying Act 2019 to use a prohibited drug if — (a) the person is authorised by section 58 or 59 of that Act to prepare, self‑administer or administer the drug; and (b) the preparation, self‑administration or administration is in accordance with that Act. [Section 5C inserted: No. 27 of 2019 s. 181.] Part II — Offences relating to prohibited drugs and prohibited plants 5. Offences concerned with prohibited drugs and prohibited plants in relation to premises and utensils (1) A person who — (a) being the occupier of any premises, knowingly permits those premises to be used for the purpose of — (i) the manufacture or preparation of a prohibited drug or prohibited plant for use; or (ii) the manufacture, preparation, sale, supply or use of a prohibited drug or prohibited plant; or (b) being the owner or lessee of any premises, knowingly permits those premises to be used for the purpose of using a prohibited drug or prohibited plant; or (c) is knowingly concerned in the management of any premises used for any of the purposes referred to in paragraphs (a) and (b); or [(d) deleted] (e) is found in any place which is then being used for the purpose of smoking a prohibited drug or prohibited plant other than cannabis, commits a simple offence. (2) In subsection (1) — owner, in relation to any premises, includes the person entitled to receive the rent of those premises and the person to whom the rent of those premises is paid. (3) A person does not commit a simple offence under subsection (1)(a), (b) or (c) by reason only that premises are being used for the purpose of the manufacture, preparation, sale, supply or use of a prohibited drug or prohibited plant if the person proves — (a) that the manufacture, preparation, sale or supply of the drug or plant was authorised under this Act or the Medicines and Poisons Act 2014; or (aa) that the preparation, sale or supply of the drug was by a person authorised under the Voluntary Assisted Dying Act 2019 to prepare, sell or supply the drug; or (b) that the use of the drug or plant was by a person authorised under this Act, the Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019 to use the drug or plant. [Section 5 amended: No. 52 of 2003 s. 28; No. 44 of 2010 s. 4; No. 56 of 2011 s. 5; No. 13 of 2014 s. 170; No. 27 of 2019 s. 182.] 6. Offences concerned with prohibited drugs generally (1) A person commits a crime if the person — (a) with intent to sell or supply it to another, has in his or her possession a prohibited drug; or (b) manufactures or prepares a prohibited drug; or (c) sells or supplies, or offers to sell or supply, a prohibited drug to another person. (2) A person who has in his or her possession or uses a prohibited drug commits a simple offence. (3) A person does not commit a crime under subsection (1) or a simple offence under subsection (2) by reason only of the person having in his or her possession a prohibited drug if the person proves that — (a) he or she was authorised by or under this Act, the Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019 to have possession of the drug; or (b) he or she had possession of the drug only for the purpose of delivering it to a person authorised to possess the drug under this Act, the Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019 and he or she took all reasonable steps to deliver the drug to the person; or (c) he or she had possession of the drug for the purpose of analysing, examining or otherwise dealing with it for the purposes of this Act in his or her capacity as an analyst, botanist or other expert. (4) A person does not commit a crime under subsection (1) by reason only that the person manufactures, prepares, sells or supplies a prohibited drug if the person proves that he or she was authorised to manufacture, prepare, sell or supply the drug under this Act, the Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019. (5) A person does not commit a simple offence under subsection (2) by reason only of using a prohibited drug if the person proves that he or she was a person authorised under this Act, the Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019. [Section 6 inserted: No. 13 of 2014 s. 171; amended: No. 27 of 2019 s. 183.] 7. Offences concerned with prohibited plants generally (1) A person commits a crime if the person — (a) with intent to sell or supply a prohibited plant, or any prohibited drug obtainable from a prohibited plant, to another person, has in his or her possession or cultivates the prohibited plant; or (b) sells or supplies, or offers to sell or supply, a prohibited plant to another person. (2) A person who has in his or her possession or cultivates a prohibited plant commits a simple offence. (3) A person does not commit a crime under subsection (1) or a simple offence under subsection (2) by reason only of the person having in his or her possession a prohibited plant if the person proves that — (a) he or she was authorised by or under this Act, the Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019 to have possession of a prohibited drug obtainable from the plant; or (b) he or she had possession of the plant only for the purpose of delivering it to a person authorised to have possession of a drug obtainable from the plant under this Act, the Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019 and he or she took all reasonable steps to deliver the drug to the person; or (c) he or she had possession of the plant for the purpose of analysing, examining or otherwise dealing with it for the purposes of this Act in his or her capacity as an analyst, botanist or other expert. [Section 7 inserted: No. 13 of 2014 s. 171; amended: No. 27 of 2019 s. 184.] 7A. Selling or supplying a thing knowing it will be used in hydroponic cultivation of prohibited plants (1) A person who sells or supplies, or offers to sell or supply, to another, any thing that the person knows will be used to cultivate a prohibited plant contrary to section 7(1)(a) or (2) by hydroponic means commits an indictable offence. (2) A court convicting a person of the offence under subsection (1) may, on the application of the Director of Public Prosecutions or a police prosecutor, in addition order that the person be prohibited for a period set by the court (but not exceeding 2 years) from selling or supplying, or offering for sale or supply, to another, any thing that may be used to cultivate plants by hydroponic means. (3) A person who contravenes an order under subsection (2) is guilty of a simple offence. [Section 7A inserted: No. 52 of 2003 s. 29.] 7B. Drug paraphernalia, offences as to (1) In this section — display, in relation to drug paraphernalia, includes to authorise or allow drug paraphernalia to be displayed; drug paraphernalia means — (a) any thing made or modified to be used in connection with manufacturing or preparing a prohibited drug or a prohibited plant — (i) for administration to a person; or (ii) for smoking, inhaling or ingesting by a person; or (iii) to be burned or heated so its smoke or fumes can be smoked or inhaled by a person; or (b) any thing made or modified to be used by a person — (i) to administer a prohibited drug or a prohibited plant to a person; or (ii) to smoke, inhale or ingest a prohibited drug or a prohibited plant; or (iii) to smoke or inhale the smoke or fumes resulting from burning or heating a prohibited drug or a prohibited plant. (2) A person who displays any drug paraphernalia for sale in a retail outlet commits a simple offence. Penalty: a fine of $10 000. (3) A person who sells any drug paraphernalia to an adult commits a simple offence. Penalty: a fine of $10 000. (4) A person who sells any drug paraphernalia to a child commits a simple offence. Penalty: a fine of $24 000 or imprisonment for 2 years or both. (5) It is a defence to a charge of an offence under subsection (2), (3) or (4) to prove — (a) the accused was a person prescribed; or (b) the drug paraphernalia displayed or sold was a thing prescribed or of a class prescribed; or (c) the display or sale occurred in circumstances prescribed, for the purposes of that subsection. (6) A person who is in possession of any drug paraphernalia in or on which there is a prohibited drug or a prohibited plant commits a simple offence. Penalty: a fine of $36 000 or imprisonment for 3 years or both. (7) It is a defence to a charge of an offence under subsection (6) to prove — (a) the accused was authorised by or under this Act, the Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019 to possess the prohibited drug or prohibited plant; or (b) the accused had possession of the drug paraphernalia — (i) only for the purpose of delivering it to a person authorised under this Act, the Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019 to have possession of any prohibited drug or prohibited plant in or on it; and (ii) in accordance with the authority in writing of the person so authorised, and that, after taking possession of the drug paraphernalia, the accused took all such steps as were reasonably open to the accused to deliver it into the possession of that person; or (c) the accused had possession of the drug paraphernalia only for the purpose of analysing material in or on it, examining it or otherwise dealing with it for the purposes of this Act in his or her capacity as an analyst, botanist or other expert. [Section 7B inserted: No. 56 of 2011 s. 6; amended: No. 13 of 2014 s.172; No. 27 of 2019 s. 185.] [8. Deleted: No. 13 of 2014 s. 173.] 8A. Defences relating to industrial hemp or industrial hemp seed (1) In proceedings against — (a) a person who may process industrial hemp under a licence granted under the Industrial Hemp Act 2004; or (b) an employee, agent or contractor of a person referred to in paragraph (a), for an offence against section 5(1)(a)(i) involving the manufacture or preparation of a prohibited drug or prohibited plant for use, it is a defence for the person to prove that the prohibited drug or prohibited plant is industrial hemp or industrial hemp seed. (2) In proceedings against — (a) a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004; or (b) an employee, agent or contractor of a person referred to in paragraph (a), for an offence against section 5(1)(a)(ii) involving the manufacture, preparation, sale, supply or use of a prohibited drug or prohibited plant, it is a defence for the person to prove that the prohibited drug or prohibited plant is industrial hemp or industrial hemp seed. (3) In proceedings against — (a) a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004; or (b) an employee, agent or contractor of a person referred to in paragraph (a), for an offence against section 5(1)(c) involving being knowingly concerned in the management of any premises used for a purpose referred to in section 5(1)(a), it is a defence for the person to prove that the prohibited drug or prohibited plant is industrial hemp or industrial hemp seed. (4) In proceedings against — (a) a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004; or (b) an employee, agent or contractor of a person referred to in paragraph (a), for an offence against section 6(1)(a), it is a defence for the person to prove that the prohibited drug is industrial hemp or industrial hemp seed. (5) In proceedings against — (a) a person who may process industrial hemp under a licence granted under the Industrial Hemp Act 2004; or (b) an employee, agent or contractor of a person referred to in paragraph (a), for an offence against section 6(1)(b) involving manufacturing or preparing a prohibited drug, it is a defence for the person to prove that the prohibited drug is industrial hemp or industrial hemp seed. (6) In proceedings against — (a) a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004; or (b) an employee, agent or contractor of a person referred to in paragraph (a), for an offence against section 6(1)(c) involving selling or supplying, or offering to sell or supply a prohibited drug to another, it is a defence for the person to prove that the prohibited drug is industrial hemp or industrial hemp seed. (7) In proceedings against — (a) a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004; or (b) an employee, agent or contractor of a person referred to in paragraph (a), for an offence against section 6(2) involving possession or use of a prohibited drug, it is a defence for the person to prove that the prohibited drug is industrial hemp or industrial hemp seed. (8) In proceedings against — (a) a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004; or (b) an employee, agent or contractor of a person referred to in paragraph (a), for an offence against — (c) section 7(1)(a) involving possessing or cultivating a prohibited plant with intent to sell or supply the prohibited plant or any prohibited drug obtainable therefrom to another; or (d) section 7(1)(b) involving selling or supplying, or offering to sell or supply, a prohibited plant to another, it is a defence for the person to prove that the prohibited plant is industrial hemp or industrial hemp seed. (9) In proceedings against — (a) a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004; or (b) an employee, agent or contractor of a person referred to in paragraph (a), for an offence against section 7(2) involving having in his or her possession or cultivating a prohibited plant, it is a defence for the person to prove that the prohibited plant is industrial hemp or industrial hemp seed. [Section 8A inserted: No. 1 of 2004 s. 54.] Part IIIA — Cannabis intervention [Heading inserted: No. 45 of 2010 s. 6.] Division 1 — Preliminary [Heading inserted: No. 45 of 2010 s. 6.] 8B. Terms used (1) In this Part — adult means a person who is not a young person; authorised person, in section 8I or 8L, means a person appointed under section 8D to be an authorised person for the purposes of the section in which the term is used; cannabis intervention requirement means a notice referred to in section 8F; cannabis intervention session means a cannabis intervention session — (a) provided by a treatment provider approved under section 8J(2)(b); and (b) the content of which is approved under section 8J(2)(a); CEO (Health) has the meaning given in section 38D(1); minor cannabis related offence means — (a) an offence under section 5(1)(d)(i) or 7B(6) that involves cannabis; and (b) an offence under section 6(2) that involves cannabis — (i) if the amount is not more than 10 g, or such other amount as is prescribed by the regulations; and (ii) if the offence does not involve a cannabis plant under cultivation, cannabis resin or any other cannabis derivative; police officer does not include a person appointed by the Commissioner as an authorised person under section 8D; responsible adult has the meaning given in the Young Offenders Act 1994 section 3; young person means a person who — (a) is under 18 years of age; or (b) in relation to the commission, or alleged commission, of a minor cannabis related offence, was under 18 years of age when the offence was committed, or allegedly committed. (2) In this Part the following abbreviations are used — CIR for cannabis intervention requirement; CIS for cannabis intervention session. [Section 8B inserted: No. 45 of 2010 s. 6; amended: No. 56 of 2011 s. 7.] 8C. Operation of Young Offenders Act 1994 unaffected Nothing in this Part prevents a young person from being dealt with under the Young Offenders Act 1994 Part 5 in respect of a minor cannabis related offence. [Section 8C inserted: No. 45 of 2010 s. 6.] 8D. Appointment of authorised persons The Commissioner may, in writing, appoint persons or classes of persons to be authorised persons for the purposes of section 8I or 8L, or for the purposes of both of those sections. [Section 8D inserted: No. 45 of 2010 s. 6.] Division 2 — Cannabis intervention requirements [Heading inserted: No. 45 of 2010 s. 6.] 8E. CIR may be given for minor cannabis related offence (1) A police officer who has reason to believe that a person has committed a minor cannabis related offence may give a cannabis intervention requirement to the alleged offender, unless subsection (4) or section 8G(1) applies. (2) A police officer who believes — (a) that an alleged offender has committed more than one minor cannabis related offence; and (b) that the alleged offences have arisen out of the same incident, may give a single CIR in respect of all or some of the offences. (3) A CIR is to be given as soon as practicable, and in any event within 60 days, after an alleged offence is believed to have been committed. (4) A CIR cannot be given in respect of an alleged offence (the new offence) if the alleged offender — (a) is an adult who, before the new offence was allegedly committed, had been convicted of a minor cannabis related offence or given a CIR; and (b) was an adult when so convicted or given the CIR. [Section 8E inserted: No. 45 of 2010 s. 6.] 8F. Cannabis intervention requirement (1) A CIR is a notice in a form prescribed by the regulations — (a) containing a description of the alleged offence, or offences; and (b) informing the alleged offender that — (i) he or she may, in writing, elect to be prosecuted for the alleged offence, or offences, in a court, and informing the alleged offender how to make that election; and (ii) if he or she does not wish to be prosecuted for the alleged offence, or offences, in a court, the alleged offender may, within a period of 28 days after the giving of the CIR, complete a CIS; and (c) informing the alleged offender as to how the alleged offender may arrange to complete a CIS. (2) A person need only complete a single CIS for each CIR given to the person, even if the CIR is given in respect of more than one alleged offence. [Section 8F inserted: No. 45 of 2010 s. 6.] 8G. Young persons — special requirements about CIRs (1) A CIR cannot be given in respect of an alleged offence (the new offence) if the alleged offender — (a) is a young person who, before the new offence was allegedly committed, had been convicted of, or given a CIR in respect of, 2 or more minor cannabis related offences; and (b) at least 2 of those offences arose out of separate incidents, or are alleged to have done so. (2) A police officer who gives a young person a CIR is to ensure that a responsible adult is given a copy of the CIR as soon as is reasonably practicable after the CIR is given to the young person, unless — (a) after reasonable enquiry, neither the whereabouts nor the address of a responsible adult can be ascertained; or (b) in the circumstances it would be inappropriate to give a responsible adult a copy of the CIR. (3) A young person who has been given 2 CIRs need only complete a single CIS in respect of the CIRs if both CIRs were given before the completion of the CIS. [Section 8G inserted: No. 45 of 2010 s. 6.] 8H. Referral of young persons at risk to juvenile justice teams (1) A police officer is to refer a young person at risk to a juvenile justice team where appropriate under the Young Offenders Act 1994 in preference to charging the young person under this Act. (2) In subsection (1) — young person at risk means an alleged offender who is a young person — (a) to whom the police officer would have given a CIR, but for section 8G(1); or (b) who has been given a CIR and has not completed a CIS within 28 days or any further time allowed under section 8L, unless — (i) the CIR has been withdrawn under section 8I; or (ii) the young person has elected to be prosecuted for the alleged offence in a court. [Section 8H inserted: No. 45 of 2010 s. 6.] 8I. Withdrawal of CIR (1) An authorised person may withdraw a CIR by sending to the alleged offender a notice in a form prescribed by the regulations stating that the CIR has been withdrawn. (2) A CIR cannot be withdrawn if the alleged offender has completed a CIS in relation to the CIR. (3) A CIR that is withdrawn is taken not to have been given to an alleged offender for the purposes of sections 8E(4) and 8G(1). [Section 8I inserted: No. 45 of 2010 s. 6.] Division 3 — Cannabis intervention sessions [Heading inserted: No. 45 of 2010 s. 6.] 8J. Cannabis intervention session (1) The purpose of a cannabis intervention session is to inform those who complete it about — (a) the adverse health and social consequences of cannabis use; and (b) the laws relating to the use, possession and cultivation of cannabis; and (c) effective strategies to address cannabis using behaviour. (2) The CEO (Health) may, in writing, do any of the following — (a) having regard to subsection (1), approve the content of a cannabis intervention session; (b) approve treatment providers to provide cannabis intervention sessions; (c) give an approval under paragraph (b) subject to conditions to be obeyed by the treatment provider approved; (d) cancel or amend an approval given under paragraph (a) or (b). (3) For the purposes of this section, this Act is to be taken to be a relevant Act as referred to in the Health Legislation Administration Act 1984 section 9. [Section 8J inserted: No. 45 of 2010 s. 6.] 8K. Benefit of completing CIS (1) If the alleged offender has completed a CIS in respect of a CIR within 28 days or such further time as is allowed under section 8L, the bringing of proceedings and the imposition of penalties are prevented to the same extent that they would be prevented if the alleged offender had been convicted by a court of, and punished for, the alleged offence. (2) Completion of a CIS is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal. [Section 8K inserted: No. 45 of 2010 s. 6.] 8L. Extension of time to complete CIS (1) An authorised person may, in a particular case, extend the period of 28 days within which the alleged offender may complete a CIS. (2) The extension may be allowed whether or not the period of 28 days has elapsed. [Section 8L inserted: No. 45 of 2010 s. 6.] 8M. Certificate of completion of CIS (1) A treatment provider approved to provide a CIS under section 8J(2)(b) is to — (a) give to a person who has completed a CIS a certificate of completion; and (b) send a copy of the certificate to the Commissioner. (2) A certificate of completion is to be in a form prescribed by the regulations and is to set out — (a) the name and address of the person who has completed the CIS; and (b) the date of completion; and (c) the details of the CIR in respect of which the CIS was completed. [Section 8M inserted: No. 45 of 2010 s. 6.] Part IIIB — Psychoactive substances [Heading inserted: No. 29 of 2015 s. 4.] 8N. Terms used (1) In this Part — Agvet Code of Western Australia has the meaning given in the Agricultural and Veterinary Chemicals (Western Australia) Act 1995; consume has the meaning given in subsection (2); manufacture, in relation to a psychoactive substance, means to make, prepare, produce, process (including by extracting or refining), package or label the psychoactive substance; psychoactive effect, in relation to a person who consumes a substance, means — (a) the effect of stimulating or depressing the central nervous system of the person, resulting in hallucinations or a significant disturbance in, or significant change to, motor function, thinking, behaviour, perception, awareness or mood; or (b) the effect of causing a state of dependence, including physical or psychological addiction; psychoactive substance means any substance that, when consumed by a person, has the capacity to induce a psychoactive effect on the person; substance includes a natural organism. (2) For this Part, a person consumes a substance if — (a) the substance is administered to the person, whether the person self‑administers it or it is administered by another person; or (b) the person smokes, inhales or ingests the substance. [Section 8N inserted: No. 29 of 2015 s. 4.] 8O. Application of this Part to particular substances (1) This Part does not apply to any of the following — (a) either — (i) a medicine or a Schedule 9 poison as those terms are defined in the Medicines and Poisons Act 2014 section 3; or (ii) if the Medicines and Poisons Act 2014 section 137 has not commenced — a medicine as defined in the Poisons Act 1964 section 5(1) or included in Schedule 9 under the Poisons Act 1964 1; (b) a therapeutic good included in the Register as defined in the Therapeutic Goods Act 1989 (Commonwealth) section 3(1) or that is exempted from the operation of Part 3‑2 of that Act by regulations made under section 18 of that Act; (c) a tobacco product as defined in the Tobacco Products Control Act 2006 Glossary; (d) a substance referred to in paragraph (a) or (b) of the definition of liquor in the Liquor Control Act 1988 section 3(1); (e) a food as defined in the Food Act 2008 section 8; (f) a substance that is a chemical product as defined in the Agvet Code of Western Australia if — (i) the active constituents for the chemical product are approved under the Agvet Code of Western Australia Part 2; or (ii) the chemical product is registered under the Agvet Code of Western Australia Part 2; (g) a plant or fungus, or an extract from a plant or fungus; (h) a substance of a class prescribed by the regulations. (2) Despite subsection (1), this Part applies to a substance listed in subsection (1) if the substance contains, or has added to it, a substance that is not listed in subsection (1). [Section 8O inserted: No. 29 of 2015 s. 4.] 8P. Effect of representing substance as psychoactive substance (1) For the purposes of this Part, a substance that is represented in any way as being a psychoactive substance is to be taken to be a psychoactive substance. (2) For the purposes of this Part, a substance that is represented in any way as being a specified psychoactive substance is to be taken to be the specified psychoactive substance. [Section 8P inserted: No. 29 of 2015 s. 4.] 8Q. Manufacture, sale or supply of psychoactive substances (1) A person commits a simple offence if the person manufactures a psychoactive substance. Penalty: a fine of $48 000 or imprisonment for 4 years or both. (2) A person commits a simple offence if the person sells or supplies a psychoactive substance. Penalty: a fine of $48 000 or imprisonment for 4 years or both. (3) For the purpose of deciding whether or not a person has committed an offence under subsection (1) or (2) in relation to a substance, it is irrelevant that usage instructions concerning the substance given in any manner or form indicate that the substance is not a psychoactive substance or that it is not intended for human consumption. [Section 8Q inserted: No. 29 of 2015 s. 4.] 8R. Promoting psychoactive substances (1) A person commits a simple offence if the person — (a) promotes a substance as having a psychoactive effect on a person who consumes the substance; or (b) provides information in any form on how or where a psychoactive substance may be acquired. Penalty: a fine of $24 000 or imprisonment for 2 years or both. (2) For the purposes of subsection (1)(a), a person promotes a substance if the person takes any action that is intended or apparently intended to publicise or promote the substance, whether visual or auditory means are employed and whether the substance is directly depicted or referred to or symbolism of some kind is employed, including action of a kind prescribed by the regulations. [Section 8R inserted: No. 29 of 2015 s. 4.] 8S. Powers of police officers for purposes of this Part (1) A police officer may, for the purposes of this Part, with such assistance as the police officer considers necessary — (a) enter the premises (other than residential premises) of a person who is suspected on reasonable grounds of — (i) manufacturing, selling or supplying a psychoactive substance; or (ii) promoting a substance as having a psychoactive effect on a person who consumes the substance; or (iii) providing information on how or where a psychoactive substance may be acquired; or (iv) having done any of the things mentioned in subparagraph (i) to (iii); and (b) demand the production of, and inspect, any books, papers or documents relating to any of the things mentioned in paragraph (a)(i) to (iii); and (c) inspect any substances. (2) Section 25 applies as if the reference in subsection (1) of that section to a police officer exercising the powers conferred by section 22 or 23 included a reference to a police officer exercising the powers in subsection (1). (3) Section 29 applies as if — (a) references in paragraphs (a) and (b) of that section to a police officer acting in the exercise of the powers conferred on the police officer by or under Part V or a person assisting a police officer so acting included a reference to a police officer acting in the exercise of the powers in subsection (1) or a person assisting a police officer so acting; and (b) the reference in paragraph (b) of that section to books, papers, documents, information or stocks referred to in section 22 included a reference to books, papers, documents or substances referred to in subsection (1). (4) The powers in subsection (1) are in addition to, and not in derogation of, the powers conferred on police officers by Part V. [Section 8S inserted: No. 29 of 2015 s. 4.] 8T. Powers to seize and dispose of thing suspected of being psychoactive substance (1) In this section and section 8U — destruction notice means a notice that complies with subsections (4) and (5). (2) If there are reasonable grounds to suspect that any thing found or received during the exercise of the powers conferred by section 8S or by a search warrant is a psychoactive substance, a police officer may seize and detain the thing until it is dealt with under this section or section 8U. (3) A police officer must give to a person from whom a thing is seized under subsection (2) a destruction notice if — (a) the police officer is satisfied that no person will be tried with the commission of an offence in relation to the thing; or (b) a person is tried with the commission of an offence in relation to the thing and the person is not convicted of that offence. (4) A destruction notice must — (a) be in writing in the prescribed form; and (b) identify the thing to which it relates; and (c) advise that the thing will be destroyed on or after a day specified in the notice unless, before that day, an application is made under section 8U(1) to have a sample of the thing analysed. (5) The day referred to in subsection (4)(c) cannot be a day that is sooner than 21 days after the day the notice is given. (6) Subject to section 8U, a police officer may destroy a thing seized under subsection (2) on or after the day specified in a destruction notice given in relation to the thing. [Section 8T inserted: No. 29 of 2015 s. 4.] 8U. Analysis of seized thing may be requested (1) On receipt of a destruction notice, a person may apply to the Commissioner to have a sample of the thing identified in the notice analysed by an approved analyst. (2) An application must be — (a) made in the prescribed form; and (b) made within 21 days of the receipt of the notice; and (c) accompanied by the prescribed fee. (3) If an application is made under subsection (1), the Commissioner must — (a) request an approved analyst to analyse a sample of the thing and provide the Commissioner with a report of the analysis; and (b) direct that the thing not be destroyed under the destruction notice. (4) After considering a report of the analysis of a sample of a thing provided by an approved analyst, the Commissioner must — (a) if the Commissioner is satisfied that the thing is a psychoactive substance — order that the thing be destroyed; or (b) if the Commissioner is satisfied that the thing is not a psychoactive substance but is a relevant thing as defined in section 27(6) — order that the thing be dealt with under section 27 as if it had been seized and detained under section 26; or (c) if the Commissioner is satisfied that the thing is not a psychoactive substance or a relevant thing — (i) order that the thing be released to the person from whom it was seized; and (ii) order that the fee paid by the applicant for a sample of the thing to be analysed be refunded to the applicant. [Section 8U inserted: No. 29 of 2015 s. 4.] Part III — Procedure 9. Summary trial of some indictable offences (1) If a person is charged before a court of summary jurisdiction with — (a) an offence under section 6(1) in respect of a quantity of a prohibited drug referred to in Schedule III that is less than the quantity specified in that Schedule in relation to that prohibited drug; or (b) an offence under section 7(1) in respect of a number of prohibited plants of a particular species or genus referred to in Schedule IV that is less than the number specified in that Schedule in relation to that species or genus; or (c) an offence under section 7A(1), then, except in a case where the person is charged with conspiring to commit the offence, the summary conviction penalty for the offence is that set out in section 34(2)(b). (2) A court of summary jurisdiction that tries a person summarily for a charge of an offence referred to in subsection (1) must be constituted by a magistrate sitting alone. (3) If a person charged before a court of summary jurisdiction with an offence that may be dealt with summarily under subsection (1) is, under section 5 of The Criminal Code, committed for trial or sentence in respect of the offence, the court to which the accused is committed may deal with the charge despite — (a) the quantity of the prohibited drug to which the charge relates being less than the quantity specified in Schedule III in relation to that prohibited drug; or (b) the number of prohibited plants of a particular species or genus to which the charge relates being less than the number specified in Schedule IV in relation to that species or genus. [Section 9 inserted: No. 4 of 2004 s. 58; amended: No. 84 of 2004 s. 82.] 10. Alternative verdicts A court trying a person charged with having committed a crime under — (a) section 6(1) may, if the evidence does not establish that that person is guilty of that crime but does establish that he is guilty of a simple offence under section 6(2); or (b) section 7(1) may, if the evidence does not establish that that person is guilty of that crime but does establish that he is guilty of a simple offence under section 7(2), convict him of having committed that simple offence and, whether that court is a summary court, the District Court or the Supreme Court, impose on him the penalty referred to in section 34(1)(e). [Section 10 amended: No. 4 of 2004 s. 58.] 11. Presumption of intent to sell or supply For the purposes of — (a) section 6(1)(a), a person shall, unless the contrary is proved, be deemed to have in his possession a prohibited drug with intent to sell or supply it to another if he has in his possession a quantity of the prohibited drug which is not less than the quantity specified in Schedule V in relation to the prohibited drug; or (b) section 7(1)(a), a person shall, unless the contrary is proved, be deemed to have in his possession, or to cultivate, prohibited plants of a particular species or genus with intent to sell or supply those prohibited plants or any prohibited drug obtainable therefrom to another if he has in his possession, or cultivates, a number of those prohibited plants which is not less than the number specified in Schedule VI in relation to that species or genus. Part IV — Controls relating to possession, sale, supply and storage of certain substances and things [Heading inserted: No. 62 of 2004 s. 5.] 12. Terms used In this Part, unless the contrary intention appears — category 1 item means a substance or thing designated as a category 1 item by regulations referred to in section 20; category 2 item means a substance or thing designated as a category 2 item by regulations referred to in section 20; recipient means a person to whom a category 1 item or category 2 item, as the case requires, is sold or supplied; substance includes material, compound, preparation and admixture; supplier means a person who sells or supplies a category 1 item or category 2 item, as the case requires. [Section 12 inserted: No. 62 of 2004 s. 5.] 13. Part not applicable to possession, sale or supply of certain substances or things (1) This Part does not apply to or in relation to the possession, sale or supply of a category 1 item or category 2 item if — (a) the item is, or is contained in, a substance that is designed, packaged and labelled for human or animal therapeutic use; and (b) the item is in the possession of, or the sale or supply is to or by, a person belonging to a class prescribed for the purposes of this subsection acting in the ordinary course of the person's occupation. (2) This Part does not apply to or in relation to the possession or supply of a category 1 item or category 2 item if the item is in the possession of, or the supply is by, a person employed or engaged by an education institution or a research institution acting in the ordinary course of the person's occupation and the possession or supply is solely for educational or research purposes. [Section 13 inserted: No. 62 of 2004 s. 5.] 14. Possession of certain substances or things (1) A person who, without lawful excuse, has in the person's possession a substance that contains, or substances that together contain, a quantity of a category 1 item or a category 2 item that exceeds the quantity prescribed in relation to the item concerned commits a crime. Penalty: $20 000 or imprisonment for 5 years or both. Summary conviction penalty: $12 000 or imprisonment for 3 years or both. (2) A person who, without lawful excuse, has in the person's possession a category 1 item or a category 2 item commits a simple offence. Penalty: $12 000 or imprisonment for 3 years or both. (3) A person does not commit an offence under subsection (1) or (2) if the person is authorised by or under this Act or by or under the Medicines and Poisons Act 2014to possess the item or substance concerned and does so in accordance with that authority. (4) A person does not commit an offence under subsection (1) or (2) by reason only of the person having in the person's possession a category 1 item, a category 2 item or a particular substance if the person proves that — (a) he or she was authorised by or under this Act or the Medicines and Poisons Act 2014 to have possession of the item or substance; or (b) he or she had possession of the item or substance only for the purpose of delivering it to a person authorised to have possession of the item or substance under this Act or the Medicines and Poisons Act 2014 and he or she took all reasonable steps to deliver the item or substance to the person; or (c) he or she had possession of the item or substance for the purpose of analysing, examining or otherwise dealing with it for the purposes of this Act in his or her capacity as an analyst, botanist or other expert. [Section 14 inserted: No. 62 of 2004 s. 5; amended: No. 13 of 2014 s. 174 .] 15. Sale or supply of category 1 items (1) A supplier who sells or supplies a category 1 item commits a simple offence unless — (a) the recipient holds an account with the supplier; and (b) the sale or supply is a sale or supply on account that occurs after a written order for the item is given to the supplier by or on behalf of the recipient; and (c) the order is accompanied by a declaration in the prescribed form made by or on behalf of the recipient; and (d) the person who takes possession of the item produces to the supplier such evidence of the person's identity as is required by the regulations. (2) A supplier who sells or supplies a category 1 item commits a simple offence if the supplier gives possession of the item to the recipient, or to a person on behalf of the recipient, within 24 hours after the written order for the item was given to the supplier. (3) A supplier who sells or supplies a category 1 item commits a simple offence if the supplier fails to give a copy of the declaration under subsection (1)(c) in respect of the sale or supply to the Commissioner in the prescribed manner within 24 hours after the written order for the item was given to the supplier. [Section 15 inserted: No. 62 of 2004 s. 5.] 16. Storage of category 1 items (1) A supplier who sells or supplies category 1 items commits a simple offence if the supplier fails to store those items in a manner that prevents access to them by any person other than a person who is authorised in writing by the supplier to have such access. (2) A person who sells or supplies, or has sold or supplied, category 1 items commits a simple offence if the person fails to retain a copy of each authorisation given for the purposes of subsection (1) while it has effect and for at least 5 years after it ceases to have effect. [Section 16 inserted: No. 62 of 2004 s. 5.] 17. Sale or supply of category 2 items (1) A supplier who sells or supplies a category 2 item commits a simple offence unless — (a) the recipient holds an account with the supplier and the sale or supply is of the kind described in section 15(1)(b); or (b) at the time of the sale or supply — (i) a declaration in the prescribed form made by or on behalf of the recipient is given to the supplier; and (ii) the person who takes possession of the item produces to the supplier such evidence of the person's identity as is required by the regulations. (2) A supplier who — (a) sells or supplies a category 2 item; and (b) is given a declaration referred to in subsection (1)(b) in respect of the sale or supply, commits a simple offence if the supplier fails to give a copy of the declaration to the Commissioner in the prescribed manner as soon as practicable after the sale or supply. [Section 17 inserted: No. 62 of 2004 s. 5.] 18. Offences relating to declarations under s. 15(1)(c) or 17(1)(b) (1) A person who sells or supplies, or has sold or supplied, category 1 items or category 2 items commits a simple offence if the person fails to retain each declaration given to the person under section 15(1)(c) or 17(1)(b) for at least 5 years after the day on which the sale or supply to which the declaration relates occurred. (2) A person who gives false or misleading information in a declaration under section 15(1)(c) or 17(1)(b) commits a simple offence. [Section 18 inserted: No. 62 of 2004 s. 5.] [19A, 19B. Deleted: No. 56 of 2011 s. 8.] 19. Powers of police officers for purposes of this Part (1) A police officer may, for the purposes of this Part, with such assistance as the police officer considers necessary — (a) enter the premises of a person who sells or supplies, or has sold or supplied, category 1 items or category 2 items; and (b) demand the production of, and inspect — (i) any books, papers or documents relating to the sale or supply of category 1 items or category 2 items, including any declarations under section 15(1)(c) or 17(1)(b); and (ii) any authorisations given for the purposes of section 16(1); and (c) inspect any stocks of category 1 items or category 2 items. (2) Section 25 applies as if the reference in subsection (1) of that section to a police officer exercising the powers conferred by section 22 or 23 included a reference to a police officer exercising the powers in subsection (1). (3) Section 26 applies as if the reference in subsection (1) of that section to the exercise of the powers conferred by section 22 or 23 included a reference to the exercise of the powers in subsection (1). (4) Section 29 applies as if — (a) references in paragraphs (a) and (b) of that section to a police officer acting in the exercise of the powers conferred on the polic