Dangerous drugs act 1927




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Consolidation


NORFOLK ISLAND




DANGEROUS DRUGS ACT 1927


[Consolidated as at 31 December 2012

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]



________

TABLE OF PROVISIONS


1. Short title

2. Repeal

3. Definitions

4. Prohibition regarding raw opium and prepared opium

5. Dangerous drugs not to be made or exported

….

6. Importation of dangerous drugs without licence prohibited



7. Issue of licence

7A. Licence to import, etc, cannabis

7B. Revocation of licence

8. Import authorisation

9. Forfeiture

9A. Seizure of forfeitable goods

9B. Prohibition of prepared, etc, controlled hallucinogenic substances

9C. Authority to have possession of substance

10. Offences

11. Penalty for exporting, etc, raw or prepared opium

12. Penalty for exporting, etc, dangerous drugs

12A. Penalty for exporting, etc, prohibited plants

12B. Defences

12C. Prosecution of offences

12D. Penalties

12E. Certificate evidence

13. Cancellation of licences

14. Returns

15. Regulations

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6




NORFOLK ISLAND


Dangerous Drugs Act 1927

An Act relating to dangerous drugs


Short title


1. This Act may be cited as the Dangerous Drugs Act 1927.

Repeal


2. The Importation of Opium, Morphine, Cocaine and Heroin Act 1922 is repealed.

Definitions


3. (1) In this Act, unless the contrary intention appears —

“authorised officer” means an officer authorised by the Administrator to seize goods liable to forfeiture;

“cannabis” means a cannabis plant, whether living or dead, and includes, in any form, any flowering or fruiting tops, leaves, seeds, stalks or any other part of a cannabis plant or cannabis plants, but does not include cannabis resin or cannabis fibre;

“cannabis fibre” means goods that consist wholly or substantially of fibre obtained from a cannabis plant or cannabis plants but does not contain any other substance or thing obtained from a cannabis plant;

“cannabis plant” means a plant of the genus Cannabis sativa;

“cannabis resin” means a substance that consists wholly or substantially of resin (whether crude, purified or in any other form) obtained from a cannabis plant or cannabis plants;

“coca leaf” means the leaf of the Erythroxylon Coca Larmarck and the Erythroxylon novo-granatense (Morris) Hieronymus and their varieties, belonging to the family of Erythroxylaceae and the leaf of other species of this genus from which it may be found possible to extract cocaine either directly or by chemical transformation;

“cocaine” means methyl-benzoyl laevo-ecgonine ([a]D20o  = - 16o4 in 20% solution of chloro-form), of which the formula is C17H21NO4;


“controlled hallucinogenic substance” means goods that consist in whole or in part of, or contain, a substance the name of which is specified or is to be deemed to be specified in column 2 of Schedule 4;

“crude cocaine” means any extract of coca leaf which can be used directly or indirectly for the manufacture of cocaine;

“dangerous drugs” includes —

(a) medicinal opium, crude cocaine, ecgonine, morphine, diacetylmorphine, cocaine and their respective salts;

(b) all preparations officinal and non-officinal (including the so-called anti-opium remedies) containing more than 0.2% of morphine or more than 0.1% of cocaine;

(c) all preparations containing diacetylmorphine;

(d) galenical preparations (extracts and tincture) of cannabis;

(e) goods that consist in whole or in part of, or contain, a substance the name of which is specified in column 2 of Schedule 4;

(f) goods that consist of a narcotic substance the name of which is specified in column 1 of Part I of Schedule 5;

(g) any other goods that consist in whole or in part of, or contain, a substance the name of which is declared by the regulations to be deemed to be specified in Schedule 4; and

(h) goods that consist of a narcotic substance the name of which is declared by the regulations to be deemed to be specified in Part I of Schedule 5; and

(j) goods that consist of a psychotropic substance the name of which is specified in Part 2 of Schedule 5;

“diacetylmorphine” means diacetylmorphine (diamorphine heroin) having the chemical formula C21H23NO5;

“ecgonine” means laevo-ecgonine ([a]D20o= - 45o6 in 5% solution of water), of which the formula is C9H15NO3H2O, and all the derivatives of laevo-ecgonine which might serve industrially for its recovery;

“legally qualified dentist” means a dentist registered under the Registration of Dentists Act 1931;

“legally qualified medical practitioner” means a person who is entitled under the law in force in a State or Territory, or in New Zealand, to practise medicine in that State or Territory, or in New Zealand, as the case may be;

“liable to forfeiture” means liable to forfeiture to the Administration of Norfolk Island under section 9;

“medicinal opium” means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether in powder form or granulated or otherwise or mixed with neutral materials;

“morphine” means the principal alkaloid of opium having the chemical formula C17H19NO2;

“narcotic goods” means goods that consist of a narcotic substance;

“narcotic substance” means a substance or thing the name of which is specified, or is to be deemed to be specified, in column 1 of Part I of Schedule 5;

“prepared opium” means the product of raw opium obtained by a series of special operations, especially by dissolving, boiling, roasting and fermentation, designed to transform it into an extract suitable for consumption, and includes dross and all other residues remaining when opium has been smoked;

“prescribed plant” means a plant of any of the following kinds, whether living or dead, or a part of, or seeds of, any such plant, namely:

(a) Papaver somniferum L;

(b) Cannabis sativa;

(c) a plant from which coca leaf may be obtained; and

(d) a plant from which a substance the name of which is specified or to be deemed to be specified in Schedule 4 may be produced, whether directly or indirectly and whether wholly or in part;

“raw opium” means the spontaneously coagulated juice obtained from the capsules of the Papaver somniferum L, which has only been submitted to the necessary manipulations for packing and transport, whatever its content of morphine;

“sell” includes —

(a) barter or exchange;

(b) offer or expose for sale or supply;

(c) receive, have in possession, expose, send or deliver for sale or supply; or

(d) cause or permit to be sold or supplied or offered or exposed for sale or supply,

and “sale” has a corresponding meaning;

“the Territory” means Norfolk Island;

“trafficable quantity”, in relation to a narcotic substance, means —

(a) where the name of the substance is specified in column 1 of Schedule 5 - the quantity that is specified in column 2 of that Schedule opposite to the name of the substance; and

(b) where the name of the substance is declared by the regulations to be deemed to be specified in column 1 of Part I of Schedule 5 - the quantity that is prescribed by the regulations in relation to that substance.



(2) For the purposes of this Act, goods (including goods in the form of a preparation, mixture or solution) that do not consist of a narcotic substance but from which a narcotic substance can be obtained shall be deemed to consist of that substance, and shall be deemed to consist of a quantity of that substance equal to the quantity of the substance that can be obtained from the goods.

Prohibition regarding raw opium and prepared opium


4. The —

(a) importation into the Territory;

(b) exportation from the Territory;

(c) making; or

(d) sale —

of raw opium or of prepared opium is prohibited.


Dangerous drugs not to be made or exported


5. Subject to section 7A, the making in, or exportation from the Territory of any dangerous drug is prohibited.

. . . . .

Importation of dangerous drugs without licence prohibited


6. The importation into the Territory of any dangerous drug is prohibited unless imported by a person licensed in accordance with section 7 or subsection 7A(1) or the drug is imported by a person who has possession of the drug in accordance with a prescription issued by a medical practitioner and the drug is for the use of that person.

Issue of licence


7. (1) The Administrator may grant a licence to a person to import dangerous drugs, or one or more particular forms of dangerous drugs, specified in the licence.

(1A) A licence to import dangerous drugs may only be issued to —

  1. a legally qualified medical practitioner; or

  2. a person who proves to the satisfaction of the Administrator that he or she is a fit and proper person to be allowed to import those dangerous drugs.

(1B) A licence to import dangerous drugs under subsection 7(1) is subject to such conditions as the Administrator thinks appropriate.

(1C) Subsection 7(1) does not apply to the following substances:

  1. ephedrine;

  2. ergometrine;

  3. ergotamine;

  4. lysergic acid;

  5. 1-phenyl-2-propanone;

  6. pseudoephedrine;

  7. acetic anhydride;

  8. acetone;

  9. anthranilic acid;

  10. ethyl ether;

  11. phenylacetic acid;

  12. piperidine;

  13. the salts of any of the substances referred to in paragraphs 7(1C)(a) – 7(1C)(l), whenever the existence of such salts is possible.

(2) A licence issued under this section shall be for a period of one year and may be renewed from time to time for a like period and shall be in accordance with the form set out in Schedule 1, unless the licence is limited to a particular form or forms of dangerous drugs, in which case it shall be in accordance with the form set out in Schedule 2.

(3) Before a licence is granted the applicant shall —

(a) give security to the satisfaction of the Administrator that —



  1. all importations made by him pursuant to the licence or of any renewal thereof will be disposed of for medicinal purposes only; and

  2. he will record in a book kept by him for the purpose particulars of the quantities imported and of how and to whom they have been disposed of, and will at all reasonable times produce to the Administrator, or an officer thereto authorised by the Administrator, the book so kept and the balance of the importations on hand at the time when the book is produced; and

(b) give an undertaking in writing that he will be responsible for the making of reasonable enquiries as to the purpose and destination of dangerous drugs imported under the licence and subsequently sold, with a view to assuring himself that the drugs are intended for medicinal purposes only.

licence to import, etc, cannabis


7A. (1) The Minister may, in writing, grant a licence to a person to —

(a) import cannabis into Norfolk Island; and

(b) export cannabis from Norfolk Island; and

(c) plant, cultivate, tend or harvest cannabis; and

(d) sell cannabis; and

(e) have cannabis in his or her possession.



(2) A licence granted under subsection 7A(1) may be subject to such conditions as the Minister thinks appropriate.

(3) A condition to which a licence granted under subsection 7A(1) is subject may be varied by the Minister.

(4) Without limiting the generality of subsection 7A(2), conditions that can be attached to a licence granted under subsection 7A(1) include conditions relating to —

(a) the period of the licence; and

(b) the area where the cannabis can be grown; and

(c) the cultivars of cannabis that can be grown; and

(d) security measures required to be taken to prevent unauthorised persons having access to the cannabis; and

(e) inspection of the cannabis by officers of the Administration and the police; and

(f) the persons who are authorised to plant, cultivate, tend or harvest the cannabis; and

(g) records to be kept by the licensee.



(5) A person shall not contravene or fail to comply with a condition of a licence granted under subsection 7A(1).

Penalty: 20 penalty units or imprisonment for 2 years or both.


Revocation of licence


7B. In addition to prosecution for an offence under subsection 7A(5), the Minister may revoke a licence granted under subsection 7A(1) or impose additional conditions or alter the conditions of the licence, where a person has contravened or failed to comply with a condition attached to a licence granted under subsection 7A(1).

Import authorisation


8. (1) Every holder of a licence granted under section 7 to import dangerous drugs shall advise the Administrator of his intention to import dangerous drugs, and shall state —

(a) the exact description and quantity of the drugs to be imported; and

(b) the name and address of the firm in the exporting country from which the drugs are to be obtained.

(2) The Administrator may issue a certificate to the importer in accordance with the form set out in Schedule 3 specifying the period within which the importation must be effected.

Forfeiture


9. The following goods are liable to be forfeited to the Administration of Norfolk Island:

  1. raw opium, prepared opium or dangerous drugs imported in contravention of this Act;

(b) dangerous drugs imported in contravention of a licence in force under section 7 or 7A;

(c) a prescribed plant in Norfolk Island other than a prescribed plant covered by a licence in force under section 7A.


Seizure of forfeitable goods


9A. (1) An authorised officer may seize any goods that are liable to forfeiture, or that he has reasonable grounds to believe are liable to forfeiture, under this Act.

(2) Where an authorised officer seizes any goods under subsection 9A(1), the officer shall —

(a) subject to subsection 9A(3), deliver to the person appearing to the officer to have had custody of the goods a notice in accordance with the form in Schedule 6;

(b) cause the goods to be taken to a place of security approved by the Administrator; and

(c) furnish notice of the seizure to the Clerk of the Court of Petty Sessions.



(3) Where an authorised officer seizes goods in such circumstances that it is uncertain who had the custody of the goods before they were seized, subsection 9A(2) does not require the officer to deliver a notice under paragraph 9A(2)(a) of that subsection, but the officer shall, in the notice of seizure furnished to the Clerk of the Court of Petty Sessions, state that a notice was not delivered to any person under that paragraph and set out the circumstances by reason of which it is uncertain who had the custody of the goods before they were seized.

(4) Where notice of the seizure of goods is furnished to the Clerk of the Court of Petty Sessions under subsection 9A(2), the court shall enquire whether the goods are liable to forfeiture under this Act and —

  1. if the court is satisfied that the goods are liable to forfeiture - shall order that the goods be condemned as forfeited to the Administration of Norfolk Island; or

  2. if the court is not so satisfied - shall order that the goods be delivered to such person as the court is satisfied is entitled to the goods.

(5) The Court of Petty Sessions may, before inquiring, under subsection 9A(4), whether goods are liable to forfeiture, require notice of the enquiry to be given to such persons as the court thinks fit.

(6) Where a prosecution is pending in relation to goods seized under subsection 9A(1), an order for the condemnation or the delivery to any person of the goods shall not be made until the prosecution is determined.

(7) Where goods are condemned as forfeited, the goods shall be dealt with as the Administrator directs.

Prohibition of prepared, etc, controlled hallucinogenic substances


9B. (1) A person shall not, without lawful authority, prepare, sell, use, take, consume, administer to another person or have in his possession a controlled hallucinogenic substance.

(2) For the purposes of this section, a person has lawful authority to prepare, to sell, to use, to take, to consume or to administer to another person a controlled hallucinogenic substance if the preparation, sale, use, taking, consuming or administration, as the case requires, of the substance is in accordance with an authority in writing given by the Administrator, but not otherwise.

(3) For the purposes of this section, a person has lawful authority to have in his possession a controlled hallucinogenic substance —

  1. if he is the importer of the substance and the importation of the substance into the Territory was in accordance with a licence granted to that person under section 7; or

  2. if his possession of the substance is in accordance with an authority in writing given by the Administrator,

but not otherwise.

Authority to have possession of substance


9C. (1) The Administrator may give a person an authority in writing to prepare, sell, use, take, consume, administer or have in his possession a controlled hallucinogenic substance if it is necessary for the person to do so for medicinal purposes, but not otherwise.

(2) An authority under subsection 9C(1) may be given subject to such conditions imposing requirements or prohibitions on the person to whom the authority is given with respect to the custody, use, disposal or destruction of the substance, or with respect to accounting for the substance, as the Administrator thinks necessary to ensure that the substance is not used otherwise than for the purpose for which he grants the authority.

(3) Where an authority under subsection 9C(1) is given subject to conditions, the person to whom the authority is given commits an offence against this section if he fails to comply with a condition of the authority.

Offences


10. (1) Any person who —

  1. without reasonable excuse (proof whereof shall lie upon him) has in his possession on board any ship any prohibited imports to which this section applies;

  2. imports into the Territory any prohibited imports to which this section applies;

  3. without reasonable excuse (proof whereof shall lie upon him) has in his possession any prohibited imports to which this section applies which have been imported into the Territory in contravention of this Act or of any licence granted in pursuance of this Act;

  4. aids, abets, counsels or procures, or is in any way knowingly concerned in the importation into the Territory of any prohibited imports to which this section applies; or

  5. fails to disclose to the Administrator or an officer thereto authorised by the Administrator on demand any knowledge in his possession or power concerning the importation or intended importation into the Territory of any prohibited imports to which this section applies —

shall be guilty of an offence.

(2) This section applies to raw opium, prepared opium, dangerous drugs and prescribed plants, the importation of which is prohibited by this Act.

(3) This section does not apply to cannabis imported into Norfolk Island or grown on Norfolk Island in accordance with a licence in force under section 7A.

Penalty for exporting, etc, raw or prepared opium


11. Any person who exports from the Territory, makes or sells raw opium or prepared opium shall be guilty of an offence.

Penalty for exporting, etc, dangerous drugs


12. (1) A person shall not —

  1. export from the Territory a dangerous drug; or

  2. make a dangerous drug.

(2) A person shall not —

  1. sell a dangerous drug; or

  2. possess a dangerous drug; or

  3. purchase a dangerous drug.

(3) Subsection 12(2) does not apply to the sale, possession or purchase of dangerous drugs in accordance with the conditions of a licence issued under section 7 or in accordance with a prescription issued by a medical practitioner.

(4) This section does not apply to cannabis imported into Norfolk Island or grown on Norfolk Island in accordance with a licence in force under section 7A.

Penalty for exporting, etc, prohibited plants


12A. (1) A person shall not —

  1. plant, cultivate, tend or harvest a prescribed plant, whether on land owned or occupied by him or on any other land;

  2. import a prescribed plant into the Territory;

  3. export a prescribed plant from the Territory;

  4. sell a prescribed plant; or

  5. have a prescribed plant in his possession.

Penalty: 20 penalty units or imprisonment for 2 years, or both.

(2) This section does not apply to cannabis imported into Norfolk Island or grown on Norfolk Island in accordance with a licence in force under section 7A.

Defences


12B. (1) Where a person is charged with the offence of using, taking, or consuming a controlled hallucinogenic substance, it is a defence to the charge if the person proves that, at the time of the alleged offence, he believed, and had reasonable grounds for believing, that he was using, taking or consuming, as the case may be, the substance in accordance with the directions contained in a prescription given in writing by a legally qualified medical practitioner in respect of the person or with the directions of a legally qualified dentist.

(2) Where a person is charged with the offence of administering a controlled hallucinogenic substance to another person, it is a defence to the charge if the person charged with the alleged offence proves that, at the time of the alleged offence, he believed, and had reasonable grounds for believing —

  1. that a legally qualified medical practitioner had, in a prescription given in writing in respect of that other person, directed the use of the substance by that other person and that he was administering the substance to that other person in accordance with those directions; or

  2. that he was administering the substance to that person in accordance with the directions of a legally qualified dentist.

(3) Where a person is charged with the offence of having a controlled hallucinogenic substance in his possession, it is a defence to the charge if the person proves that, at the time of the alleged offence, he believed, and had reasonable grounds for believing, that a legally qualified medical practitioner had, in a prescription given in writing in respect of a particular person, directed the using, taking or consuming of the substance by or the administration of the substance to that particular person and the person charged with the offence had the substance in his possession for the purpose of its use, taking or consumption by or its administration to that particular person as directed in that prescription, and not otherwise.

Prosecution of offences


12C. (1) An offence against this Act may be prosecuted summarily or upon indictment, but an offender is not liable to be punished more than once in respect of the same offence.

(2) Where proceedings for an offence against this Act are brought in a court of summary jurisdiction, the court may commit the defendant for trial or, with the consent of the defendant and of the prosecutor, determine the proceedings.

(3) Where proceedings for an offence under this Act are brought in a court of summary jurisdiction the court shall not impose a fine exceeding 20 penalty units or sentence the defendant to imprisonment for a period exceeding 2 years, but may impose both a fine and a period of imprisonment in respect of the offence.

Penalties


12D. (1) Subject to subsection 12D(2), where a person is convicted of an offence against section 9B, 9C, 10, 11 or 12, the penalty applicable to the offence is, subject to section 12C —

  1. if the offence was committed in relation to goods that are narcotic goods and the court is satisfied that the narcotic goods in relation to which the offence was committed consist of a quantity of a narcotic substance (being the narcotic substance specified in the information or indictment as the narcotic substance of which the goods consist) that is not less than the trafficable quantity applicable to the substance - a fine not exceeding 40 penalty units or imprisonment for a period not exceeding 10 years, or both a fine not exceeding that amount and imprisonment for a period not exceeding that period; or

(ab) where the offence relates to the sale or supply of a dangerous drug to a person who has not attained the age of 18 years - a fine not exceeding 40 penalty units or imprisonment for a period not exceeding 10 years, or both a fine not exceeding that amount and imprisonment for a period not exceeding that period; or

  1. in any other case - a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 2 years, or both a fine not exceeding that amount and imprisonment for a period not exceeding that period.

(2) Paragraph 12D(1)(a) or 12D(1)(ab) does not apply to a conviction for —

(a) using, taking or consuming a substance that is narcotic goods or administering a substance that is narcotic goods to another person, without lawful authority in contravention of section 9B;

(b) failing to comply with a condition of an authority given under section 9C, being an authority to use, take, consume or administer to another person a substance that is narcotic goods; or

(c) any other offence in relation to which that paragraph applies if the court is satisfied that the offence was not committed by the person charged for any purpose related to a commercial dealing in, the narcotic goods in relation to which the offence was committed.



(3) In determining the sentence to be imposed on a person, the matters to which a court shall have regard to in determining how serious the offence is, include, but are not limited to, such of the following matters as are relevant and known to the court:

  1. the involvement in the offence of an organised criminal group to which the offender belongs;

  2. the involvement of the offender in other international organised criminal activities;

  3. the involvement of the offender in other illegal activities facilitated by commission of the offence;

  4. the use of violence or arms by the offender;

  5. the fact that the offender holds a public office and the offence is connected with the office in question;

  6. the victimisation or use of minors;

  7. the fact that the offence is committed in an educational institution or the immediate vicinity or in other places to which school children and students resort for educational, sports and social activities;

  8. prior conviction, particularly for similar offences.

Certificate evidence


12E. (1) In proceedings in respect of an offence under this Act, a certificate signed, or purporting to be signed, by an analyst certifying—

(a) that the person signing the certificate is an analyst referred to in subsection 12E(2); and

(b) the person’s qualifications or experience as an analyst; and

(c) the person from whom a sample was received and the date on which it was received; and

(d) the description of the container in which the sample was contained and the manner in which the container was labelled or otherwise identified; and

(e) the manner in which the sample was labelled or otherwise identified; and

(f) the description and weight of the sample; and

(g) the method by which the sample was analysed; and

(h) the result of the analysis of the sample,

is admissible and is evidence of those matters and of the facts on which they are based.



(2) In this section —

“analyst” means —

(a) any person appointed as an analyst for the purposes of the Customs Act 1901 of the Commonwealth; or

(b) any person appointed as an analyst for the purposes of the Drugs of Dependence Act 1989 of the Australian Capital Territory; or

(c) a person prescribed for the purposes of this subsection.

Cancellation of licences


13. The Administrator may at any time cancel any licence granted under the provisions of this Act.

Returns


14. The Administrator shall furnish to the Commonwealth Minister —

(a) during the month of January in each year a return setting out —

(i) the stocks of dangerous drugs held by importers in the Territory;

(ii) the imports of dangerous drugs into, and the consumption of dangerous drugs in, the Territory during the preceding year; and

(iii) the amounts of raw opium, prepared opium and dangerous drugs confiscated during the preceding year, the reasons for confiscation and the manner of disposal of the confiscated substances;

(b) a quarterly return setting out the imports of dangerous drugs during the preceding 3 months.


Regulations


15. The Administrator may make regulations, not inconsistent with this Act, prescribing all matters and things which, by this Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and in particular —

  1. for imposing fees for licences to import dangerous drugs;

(ab) for imposing fees in relation to a licence under subsection 7A(1); and

(ac) in relation to the form of an application for a licence under subsection 7A(1) and the information to be supplied with such an application;



  1. for requiring persons to furnish such returns in relation to dangerous drugs as are necessary for the purposes of carrying out this Act; and

  2. for prescribing penalties not exceeding 10 penalty units for any breach of the regulations.



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