Misc offences

Question 1

Cultivating prohibited plants

Answer 1

Section 9(1) of MODA 1975.

• No person shall cultivate any prohibited plant

Defence to the charge if they can prove that the prohibited plant is Papaver somniferum (poppy plant), and it was not intended to be a source of a controlled drug

Question 2

Allowing premises or vehicles to be used

Answer 2

Section 12(1) of MODA 1975

• Every person
• Who knowingly permits
• Any premises or vessel, aircraft, hovercraft, motor vehicle or other mode of conveyance
• to be used for purpose of commission of an offence against this Act

Question 3

Obstruction

Answer 3

Section 16, MODA 1975

• Every person
• wilfully obstructs, hinders, resists or deceives
• any other person
• in the execution of any powers conferred on that other person by or pursuant to this Act

Question 4

Possession of prescription medicines

Answer 4

Section 43(1), Medicines Act 1981

• No person shall
• without reasonable excuse
• import, procure, receive, store, use, or otherwise have in his possession
• any prescription medicine

Question 5

Needles and syringes

Answer 5

Regulation 11:

• offers to any person, for use by that other person, a used needle or used syringe
• accepts for use a used needle or syringe
• disposes of a needle or syringe in public place

Regulation 12:
- not a pharmacist or pharmacy employee or approved medical practitioner or authorised representative, and attempts to sell or supply to someone who isnt a pharmacist, or is a pharmacist but is prohibited from selling new needles and syringes.

Question 6

Conspiring to deal drugs

Answer 6

Section 6(2)(A), MODA 1975

• Every person
• Who conspires with
• Any other person
• To commit an offence against subsection (1) of this section

Question 7

Equipment and material (1)

Answer 7

Section 12A(1)
- Every person 
- who supplies, produces, or manufactures—
(a)
- any equipment or material 
- that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b)
- any precursor substance

knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.

Question 8

Equipment and material (2)

Answer 8

Section 12A(2)
- Every person 
- who has in his or her possession—
(a)
- any equipment or material 
- that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b)
- any precursor substance

with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.