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.