Dangerous Drugs Act 1927 (NI)

NORFOLK ISLAND

Dangerous Drugs Act 1927

No. 1, 1927

Compilation No. 2

Compilation date: 10 July 2021

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021 (F2021L00975)

NORFOLK ISLAND

DANGEROUS DRUGS ACT 1927

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 The Importation of Opium, Morphine, Cocaine and Heroin Act 1922 is repealed.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: (a) an officer authorised by the Commonwealth Minister to seize goods liable to forfeiture; or (b) a person who is a member of the police force for the purposes of the Police Act 1931. "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 any plant of the genus Cannabis. "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 registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession. "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.