It largely replaced the drug trafficking offences act 1986 where the defendant is convicted of a drug trafficking offence and the prosecutor applies to the crown court for a confiscation order the court must determine whether the defendant has benefited from drug trafficking. Money laundering is a common behavior related to drug trafficking, as profits must be hidden. The drug misuse and trafficking act 1985 is the main piece of legislation dealing with drug cases in nsw. Drug misuse and trafficking act 1985 sect 25a offence of supplying prohibited drugs on an ongoing basis 25a offence of supplying prohibited drugs on an ongoing basis 1 offence provision a person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug other than cannabis for financial or material reward is guilty of an offence. Under legislation, the offence of use prohibited drug is referred to as selfadministration of prohibited drugs. Drug misuse and trafficking act 1985 as at 26 september. It is contained in section 12 of the drug misuse and trafficking act 1985 nsw and states. In australias federal system drug legislation is made by the federal, state and territory governments. An act to amend the drug misuse and trafficking act 1985 and the drug misuse and trafficking regulation 2011 with respect to dealing with prohibited plants, prohibited drugs and other substances in police custody.
An act to prohibit the manufacture, supply, possession and use of certain drugs, and for related purposes. The south african drugs and drug trafficking act 140 of. It takes a bit of practice to read a document such as thisbut youll get the general idea. S v okankwa a2782016 2016 zagpphc 324 26 april 2016. Drug misuse and trafficking act 1985 sect 3 definitions. Misuse of drugs act is the name of several similar national drug control laws passed by countries in the commonwealth of nations and by the republic of ireland. Drug supply section 25 drug misuse and trafficking act. In this act drug trafficking means, subject to subsection 2 below, doing or being concerned in any of the following, whether in england and wales or elsewhere a 1971 c.
Drugs and drug trafficking act south african government. As amended to justice legislation amendment act 2019 no 10. This act may be cited as the countertrafficking act 2010. Home the queensland law handbook offenders and victims drugs drug offences and penalties in queensland. In australias federal system drug legislation is made by the federal, state. Enforcement is complicated by the ineffectiveness of the justice systems in nations where drug cartels function at will. Drug offences can include use s 12, possession s 10 and supply s 25 of a prohibited substance.
C the abuse or threatened abuse of the legal process. Click on a link below to read the relevant section of the act. Drug misuse and trafficking amendment drug exhibits bill. Be it enacted by the senate and house of representatives of the united states of. You are directed to information on how your personal information is protected. With the exception of irelands 1977 act, they all sort drugs into three categories, classes a, b, and c. The worldwide trend towards imprisoning drug traffickers, and indeed drug users, is mimicked in south africa. The profession has been enriched not only by michael mchugh sc but of course his father. This submission examines the sentencing or penal effects of the drug nyaope, which was included in schedule i and ii of the south african drugs and drug trafficking act 140 of 1992 hereinafter the drugs and drug trafficking act. Drug misuse and trafficking amendment ongoing dealing. Drug offences and penalties in queensland queensland law.
The sentence is determined by the quantity and type of drug. Drug trafficking is difficult to detect and frequently involves violence. Drug misuse and trafficking act 1985 as at 26 september 2019 act 226 of 1985 table of provisions long title part 1 preliminary 1. Drug trafficking act 1994, section 1 is up to date with all changes known to be in force on or before 10 april 2020. Revised legislation carried on this site may not be fully up to date. Current version for 2 july 2018 to date accessed 9 march 2019 at 04. Use of prohibited drugs selfadminsitration charges. Drug trafficking is a broad term for supplying prohibited drugs.
Act 140 of 1992 pertaining to cannabis aka dagga all all parts thereof. An act to amend and extend the law relating to the prevention of the misuse of certain dangerous or otherwise harmful drugs and for those purposes to amend the misuse of drugs act 1977 to provide for the control of additional substances. Drug offences are charged under the drug misuse and. A person who administers or attempts to administer a prohibited drug. The misuse of drugs amendment act 2015 had to be introduced as emergency legislation after a court struck down a series of regulations introduced over the past two decades banning certain drugs. You are directed to a disclaimer and notice governing the information provided. The court of criminal appeal has said many times that the need for general deterrence is high in cases involving dealing in and supplying prohibited drugs. Misuse of drugs law 2014 revision designated country means a country or territory outside the islands designated by an order made under section 341. In nsw, there is no specific charge of drug trafficking, rather, it is a general term, referring to various categories of charges found in part 2, division 2 of the drug misuse and trafficking act, including.
Drug misuse and trafficking act 1985 sect 3 definitions 3 definitions 1 in this act, except in so far as the context or subjectmatter otherwise indicates or requires analyst means any of the following a a person employed by the government of new south. Printed separately, 2014, ministry of justice, sudan pdf of act in arabic pdf of act in arabic doc. Section 25 of the drug misuse and trafficking act 1985 is drug supply and is extracted below. He appeared before in the magistrates court, secunda where he was charged with, and convicted of, two counts of contravening the provisions of section 4b read with sections 1,17 to 25 and 64 of the drugs and drug trafficking act 140 of 1992,the act 11 namely the unlawful possession of dagga and the unlawful possession of methcathinone. Drugs and drug trafficking act 140 of 1992 the dagga couple. The object of this regulation is to decrease, from one kilogram to half a kilogram, the threshold at which a quantity of the prohibited drug methylamphetamine also known as ice is considered a large commercial quantity for the purposes of the drug misuse and trafficking act 1985. Drug offences are charged under the drug misuse and trafficking act 1985. The definition of supply under the drug misuse and trafficking act 1985 is extremely wide and includes agreeing or offering to supply even if no drugs were actually exchanged.
Section 1 drug misuse and trafficking act 1985 no 226 historical version for 8. This is the part of south african law that the dagga couple are fighting. Were developing a new legislation website and need your feedback. Download the pdf of this horrible piece of law here. Research note on s 16a of the bail act 20 show cause requirement case extracts research note ongoods in custody and receiving offences. There are changes that may be brought into force at a future date. Supply also includes authorising, attempting or having prohibited drugs in possession for the purposes of supply. Schedule of prohibited plants and drugs drug misuse and trafficking act 1985. A commercial supply of a prohibited drug, possibly with the connotation of supply on more than one occasion.
Misuse of drugs amendment act 2016 irish statute book. The most important offences related to dangerous drugs created by the drugs misuse act 1986 drugs misuse act are. The state of tasmania the department of premier and cabinet 2020 ver. Drug misuse and trafficking act 1985 sect 25a offence. There are currently no known outstanding effects for the misuse of drugs act 1971. Page 2 drug misuse and trafficking amendment drug exhibits bill 2016 nsw explanatory note schedule 1 3 substitutes the provisions of part 3a of the principal act relating to exhibits with a new part 3a containing a new system for dea ling with, and destroying, relevant substances that. Relationship with poisons and therapeutic goods act 1966 8a. S 10 amended by prevention of organised crime act 121 of 1998. Drug misuse and trafficking act 1985 no 226 nsw legislation. We would like to show you a description here but the site wont allow us. Advisory and intermediary services act 37 of 2002 from 15 nov 2002. Legislative thresholds for drug possession and traffic. This act is the drug misuse and trafficking amendment ongoing dealing act 1998.