Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Misuse of Drugs Act 1981
and includes the amendments made by the other written laws referred to in
the following table 1a. The table also contains information
about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|
|---|---|---|---|---|
|
66 of 1981 |
23 Oct 1981 |
1 Sep 1982 (see s. 2 and Gazette
20 Aug 1982 p. 3250) |
||
|
Misuse of Drugs (Amounts of Prohibited Drugs)
Order 1990 published in Gazette 30 Nov 1990
p. 5937 |
30 Nov 1990 |
|||
|
Misuse of Drugs Amendment
Act 1990 |
50 of 1990 |
4 Dec 1990 |
4 Dec 1990 (see s. 2) |
|
|
Conservation and Land Management Amendment Act 1991
s. 57 |
20 of 1991 |
25 Jun 1991 |
23 Aug 1991 (see s. 2 and Gazette
23 Aug 1991 p. 4353) |
|
|
Misuse of Drugs (Amounts of Prohibited Drugs)
Order 1991 published in Gazette 29 Nov 1991
p. 6040-1 |
29 Nov 1991 |
|||
|
Misuse of Drugs (Amounts of Prohibited Drugs)
Order 1994 published in Gazette 22 Mar 1994
p. 1245 |
22 Mar 1994 |
|||
|
Poisons Amendment Act 1994
s. 11 |
12 of 1994 |
15 Apr 1994 |
27 May 1994 (see s. 2 and Gazette
27 May 1994 p. 2205) |
|
|
Acts Amendment (Public Sector Management) Act 1994
s. 3(2) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
|
Acts Amendment (Fines, Penalties and Infringement
Notices) Act 1994 Pt. 15 |
92 of 1994 |
23 Dec 1994 |
1 Jan 1995 (see s. 2(1) and Gazette
30 Dec 1994 p. 7211) |
|
|
Misuse of Drugs Amendment
Act 1995 3 |
44 of 1995 |
18 Oct 1995 |
s. 1 and 2:
18 Oct 1995; |
|
|
Poisons Amendment Act 1995
s. 43 |
48 of 1995 |
6 Nov 1995 |
20 Mar 1996 (see s. 2 and Gazette
19 Mar 1996 p. 1203) |
|
|
Reprint of the Misuse of Drugs Act 1981 as at
11 Nov 1996 (includes amendments listed above) |
||||
|
Misuse of Drugs Amendment
Act 1998 |
3 of 1998 |
26 Mar 1998 |
26 Mar 1998 (see s. 2) |
|
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 27 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
|
Criminal Property Confiscation (Consequential Provisions)
Act 2000 s. 5 4 |
69 of 2000 |
6 Dec 2000 |
1 Jan 2001 (see s. 2 and
Gazette 29 Dec 2000 p. 7903) |
|
|
Reprint of the Misuse of Drugs Act 1981 as at
11 Jan 2002 (includes amendments listed above) |
||||
|
Nurses Amendment Act 2003 Pt. 3
Div. 2 |
9 of 2003 |
9 Apr 2003 |
9 Apr 2003 (see s. 2) |
|
|
52 of 2003 |
1 Oct 2003 |
22 Mar 2004 (see s. 2 and Gazette
9 Mar 2004 p. 733) |
||
|
Industrial Hemp Act 2004
Pt. 7 |
1 of 2004 |
12 Mar 2004 |
19 May 2004 (see s. 2 and Gazette
18 May 2004 p. 1561) |
|
|
Criminal Code Amendment Act 2004
s. 58 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
|
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
|
Misuse of Drugs Amendment Act 2004
|
62 of 2004 |
24 Nov 2004 |
s. 1 and 2:
24 Nov 2004; |
|
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
|
Reprint 3: The Misuse of Drugs Act 1981 as at
1 Jul 2005 (includes amendments listed above) |
||||
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 14 Div. 2 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
|
Misuse of Drugs Amendment Act 2006
|
40 of 2006 |
22 Sep 2006 |
s. 1 and 2:
22 Sep 2006; |
|
|
Nurses and Midwives Act 2006 Sch. 3 cl.
15 |
50 of 2006 |
6 Oct 2006 |
19 Sep 2007 (see s. 2 and Gazette
18 Sep 2007 p. 4711) |
|
|
Misuse of Drugs (Amounts of Prohibited Drugs)
Order 2007 published in Gazette 7 Dec 2007
p. 5985 |
cl. 1 and 2: 7 Dec 2007
(see cl. 2(a)); |
|||
|
Reprint 4: The Misuse of Drugs Act 1981 as at
29 Feb 2008 (includes amendments listed above) |
||||
|
Medical Practitioners Act 2008 Sch. 3 cl.
37 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette
25 Nov 2008 p. 4989) |
|
|
Police Amendment Act 2009
s. 21 |
42 of 2009 |
3 Dec 2009 |
13 Mar 2010 (see s. 2(b) and Gazette
12 Mar 2010 p. 941) |
|
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
||
|
Health Practitioner Regulation National Law (WA)
Act 2010 Pt. 5 Div. 37 |
35 of 2010 |
30 Aug 2010 |
18 Oct 2010 (see s. 2(b) and Gazette
1 Oct 2010 p. 5075-6) |
|
|
Misuse of Drugs Amendment Act 2010
|
44 of 2010 |
28 Oct 2010 |
s. 1 and 2: 28 Oct 2010
(see s. 2(a)); |
|
|
Cannabis Law Reform Act 2010 Pt. 3
|
45 of 2010 |
28 Oct 2010 |
1 Aug 2011 (see s. 2(b) and Gazette
29 Jul 2011 p. 3127) |
|
|
Misuse of Drugs Amendment Act (No. 2) 2010
Pt. 2 |
50 of 2010 |
24 Nov 2010 |
25 Nov 2010 (see s. 2(b)) |
|
|
Misuse of Drugs (Numbers of Cannabis Plants)
Order 2010 published in Gazette 15 Apr 2011
p. 1425-6 |
cl. 1 and 2: 15 Apr 2011
(see cl. 2(a)); |
|||
|
Misuse of Drugs (Amounts of Prohibited Drugs)
Order 2011 published in Gazette 29 Apr 2011
p. 1532-4 |
cl. 1 and 2: 29 Apr 2011
(see cl. 2(a)); |
|||
|
Misuse of Drugs (Amounts of Prohibited Drugs) Order (No.
2) 2011 published in Gazette 1 Jul 2011
p. 2742-5 |
cl. 1 and 2: 1 Jul 2011
(see cl. 2(a)); |
|||
|
Reprint 5: The Misuse of Drugs Act 1981 as at
16 Sep 2011 (includes amendments listed above) |
||||
|
Misuse of Drugs (Amounts of Prohibited Drugs) Order (No.
3) 2011 published in Gazette 11 Oct 2011
p. 4316-20 |
cl. 1 and 2: 11 Oct 2011
(see cl. 2(a)); |
|||
|
Misuse of Drugs Amendment Act 2011 s. 3, 4
and 9 |
56 of 2011 |
21 Nov 2011 |
24 Mar 2012 (see s. 2(b) and Gazette
23 Mar 2012 p. 1363) |
|
|
Misuse of Drugs (Amounts of Prohibited Drugs)
Order 2012 published in Gazette 13 Apr 2012
p. 1664-5 |
cl. 1 and 2: 13 Apr 2012
(see cl. 2(a)); |
|||
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Misuse of Drugs Amendment Act 2011
s. 5-8 6 |
56 of 2011 |
21 Nov 2011 |
To be proclaimed (see s. 2(b)) |
|
Criminal Appeals Amendment (Double Jeopardy)
Act 2012 s. 10 7 |
9 of 2012 |
21 May 2012 |
To be proclaimed (see s. 2(b)) |
2 This provision was renumbered under the Reprints Act 1984
s. 7(5)(c)(ii).
3 The Misuse of Drugs Amendment Act 1995 s. 16
is a transitional provision that is of no further effect.
4 The Criminal Property Confiscation (Consequential
Provisions) Act 2000 s. 3 and 6-11 read as follows:
In this Act,
unless the contrary intention appears —
appeal period, in relation to a forfeiture order, has the
same meaning as in the repealed Act;
embargo notice has the same meaning as in the repealed
Part;
forfeiture order has the same meaning as in the repealed
Act;
holding order has the same meaning as in the repealed
Part;
interstate forfeiture order has the same meaning as in the
repealed Act;
interstate restraining order has the same meaning as in the
repealed Act;
repealed Act means the Crimes (Confiscation of Profits)
Act 1988 as in force before its repeal by section 4;
repealed Part means Part IV of
the Misuse of Drugs Act 1981 as in force before its repeal by
section 5.
6. Applications to court under repealed law —
savings
If an application made to a court under the repealed Act or the repealed
Part was not withdrawn, discontinued or otherwise finally determined before the
commencement of this Act, the application may be dealt with on and after that
commencement as if the repealed Act or the repealed Part had not been
repealed.
7. Court orders under repealed
law — savings
(1) If an order made by a court under the repealed Act or the repealed
Part was in force immediately before the commencement of this Act, the order has
effect on and after that commencement, and may be executed, varied, discharged,
set aside or appealed against, as if the repealed Act or repealed Part had not
been repealed.
(2) If an interstate forfeiture order or interstate restraining order was
registered under the repealed Act, and its registration was not cancelled before
the commencement of this Act, Part 10 of the Criminal Property
Confiscation Act 2000 applies, on and after that commencement, to the
order and to any charge created under the repealed Act on the property to which
the order relates, as if the order were an interstate confiscation order or
interstate freezing order registered under section 118 of the Criminal
Property Confiscation Act 2000 and as if the charge had been created
under section 123 of the Criminal Property Confiscation
Act 2000.
8. Holding orders and embargo
notices — savings
(1) If a holding order or an embargo notice was in force under the
repealed Part immediately before the commencement of this Act, the holding order
or embargo notice has effect on and after that commencement, and the repealed
Part continues to apply to the holding order or embargo notice, as if the
repealed Part had not been repealed.
(2) Without limiting subsection (1), if, immediately before the
commencement of this Act, a person was entitled under section 19 of the
Misuse of Drugs Act 1981 to apply for an order in respect of the
property to which a holding order or embargo notice relates, the person may
apply for the order after that commencement, and the application may be dealt
with, as if the repealed Part had not been repealed.
(3) However, subsection (2) does not entitle the person to apply for
the order more than 21 days after the date of the holding order or embargo
notice.
9. Warrants issued under repealed
law — savings
If, immediately before the commencement of this Act, a warrant issued
under the repealed Act or the repealed Part was capable of execution to any
extent, then the warrant may be executed on and after that commencement, to that
extent, as if the repealed Act or the repealed Part had not been repealed.
10. Property subject to a forfeiture
order
(1) This section applies to property for which a forfeiture order was made
under the repealed Act if —
(a) the appeal period for the forfeiture order had not ended before the
commencement of this Act; or
(b) if the appeal period has ended (whether before or after the
commencement of this Act), but the forfeiture order has not been discharged, and
the property was not disposed of or otherwise dealt with under
section 11(5) of the repealed Act before that commencement.
(2) Sections 11(3), 11(4), 11(6), 12, 13 and 14 of the repealed Act
continue to apply in relation to the forfeiture order and the property as if the
repealed Act had not been repealed.
(3) If the appeal period for the forfeiture order has not ended,
sections 89, 90, 92 and 94 of the Criminal Property Confiscation
Act 2000 apply to the property as if it were subject to a freezing
order under that Act.
(4) If the appeal period for the forfeiture order has ended, and the order
has not been discharged —
(a) sections 89, 90, 92 and 94 of the Criminal Property
Confiscation Act 2000 apply to the property as if it had been
confiscated under that Act; and
(b) if the property has vested in the Crown, whether under
clause 11(3)(b) or under the repealed Act, the property is to be disposed
of as if it had been confiscated under the Criminal Property Confiscation
Act 2000.
(5) The following are to be paid into the Confiscation Proceeds Account
established under section 130 of the Criminal Property Confiscation
Act 2000 —
(a) subject to section 11(4) of the repealed Act as continued by
subsection (2), any money vested in the Crown under section 11 of the
repealed Act that has not been disposed of or otherwise dealt with under the
repealed Act;
(b) any proceeds obtained by the Crown after the commencement of this Act
from the disposal of property under the repealed Act;
(c) any proceeds obtained from the disposal of property under
subsection (4)(b).
(6) Nothing in this section limits the generality of section 7(1) in
its application to a forfeiture order.
11. Real property subject to forfeiture
order
(1) If property to which section 10 applies is land registered under
the Transfer of Land Act 1893, then, without limiting the
application of section 10 to the property, this section also applies to the
property.
(2) If the property has not vested in the Crown under section 11 of
the repealed Act, the Director of Public Prosecutions may lodge with the
Registrar of Titles a memorial of the forfeiture order in a form approved by the
Registrar.
(3) When a memorial is lodged under subsection (2) —
(a) the Registrar of Titles is to register the memorial;
(b) on the registration of the memorial, the property vests in the State
of Western Australia free from all interests, whether registered or not,
including trusts, mortgages, charges, obligations and estates (except
rights-of-way, easements and restrictive covenants);
(c) any caveat in force in relation to the property is taken to have been
withdrawn; and
(d) the title in the property passes to the State.
(4) When a memorial is lodged under subsection (2) then, in addition
to registering the memorial, the Registrar of Titles is to —
(a) register the State of Western Australia as the proprietor of the
property; and
(b) endorse the certificate of title of the property to the effect that,
when the memorial was registered, the property ceased to be subject to or
affected by any interests recorded on the certificate of title, including
caveats, mortgages, charges, obligations and estates (except rights-of-way,
easements and restrictive covenants) to which it was subject immediately before
the registration of the memorial, or by which it was affected immediately before
the registration of the memorial.
(5) The Registrar of Titles may dispense with the production of any
duplicate certificate of title or any duplicate instrument for the purposes of
entering on the duplicate certificate or duplicate instrument any memorandum
that would, but for this subsection, be required to be entered under the
Transfer of Land Act 1893 as a result of registering a memorial
under subsection (3) or of doing anything else required or permitted by
this section.
(6) If, under subsection (5), the Registrar of Titles dispenses with
the production of a duplicate certificate of title or duplicate
instrument —
(a) the Registrar must endorse the certificate of title to the effect that
the memorandum concerned has not been entered on the duplicate certificate of
title or the duplicate instrument; and
(b) any subsequent dealing in the property has effect as if the memorandum
had been entered on the duplicate certificate of title or the duplicate
instrument.
(7) If, under subsection (5), the Registrar of Titles dispenses with
the production of a duplicate certificate of title, then, on the application of
the registered proprietor, the Registrar may cancel the certificate of title for
which the duplicate was issued, and create and register a new certificate of
title for the property.
(8) The Registrar of Titles is not required to obtain the consent or
direction of the Commissioner of Titles to perform a function conferred on the
Registrar under this section.
(9) To the extent that a provision of this section relating to any
property is inconsistent with the Transfer of Land
Act 1983 5, the provision prevails, but this
section does not otherwise affect the operation of that Act in relation to the
property.
5 This should read “1893”.
6 On the date as at which this
compilation was prepared, the Misuse of Drugs Amendment Act 2011
s. 5-8 had not come into operation. They read as follows:
Part 2 — Misuse of Drugs
Act 1981 amended
5. Section 5
amended
(1) Delete section 5(1)(d).
(2) Delete section 5(3).
After section 7A insert:
7B. Drug
paraphernalia, offences as to
(1) In this section —
display, in relation to drug paraphernalia, includes to
authorise or allow drug paraphernalia to be displayed;
drug paraphernalia means —
(a) any thing made or modified to be used in connection with manufacturing
or preparing a prohibited drug or a prohibited plant —
(i) for administration to a person; or
(ii) for smoking, inhaling or ingesting by a person; or
(iii) to be burned or heated so its smoke or fumes can be smoked or
inhaled by a person;
or
(b) any thing made or modified to be used by a
person —
(i) to administer a prohibited drug or a prohibited plant to a person;
or
(ii) to smoke, inhale or ingest a prohibited drug or a prohibited plant;
or
(iii) to smoke or inhale the smoke or fumes resulting from burning or
heating a prohibited drug or a prohibited plant.
(2) A person who displays any drug paraphernalia for sale in a retail
outlet commits a simple offence.
Penalty: a fine of $10 000.
(3) A person who sells any drug paraphernalia to an adult commits a simple
offence.
Penalty: a fine of $10 000.
(4) A person who sells any drug paraphernalia to a child commits a simple
offence.
Penalty: a fine of $24 000 or imprisonment for 2 years or
both.
(5) It is a defence to a charge of an offence under subsection (2),
(3) or (4) to prove —
(a) the accused was a person prescribed; or
(b) the drug paraphernalia displayed or sold was a thing prescribed or of
a class prescribed; or
(c) the display or sale occurred in circumstances prescribed,
for the purposes of that subsection.
(6) A person who is in possession of any drug paraphernalia in or on which
there is a prohibited drug or a prohibited plant commits a simple
offence.
Penalty: a fine of $36 000 or imprisonment for 3 years or
both.
(7) It is a defence to a charge of an offence under subsection (6) to
prove —
(a) the accused was authorised by or under this Act or the Poisons
Act 1964 to possess the prohibited drug or prohibited plant;
or
(b) the accused had possession of the drug
paraphernalia —
(i) only for the purpose of delivering it to a person authorised under
this Act or the Poisons Act 1964 to have possession of any
prohibited drug or prohibited plant in or on it; and
(ii) in accordance with the authority in writing of the person so
authorised,
and that, after taking possession of the drug paraphernalia, the accused
took all such steps as were reasonably open to the accused to deliver it into
the possession of that person; or
(c) the accused had possession of the drug paraphernalia only for the
purpose of analysing material in or on it, examining it or otherwise dealing
with it for the purposes of this Act in his or her capacity as an analyst,
botanist or other expert.
In section 8B(1) in the definition of minor cannabis related
offence paragraph (a) after “section 5(1)(d)(i)”
insert:
or 7B(6)
8. Sections 19A
and 19B deleted
Delete sections 19A and 19B.
7 On the date as at which this compilation was prepared, the
Criminal Appeals Amendment (Double Jeopardy) Act 2012 s. 10 had
not come into operation. It reads as follows:
10. Misuse
of Drugs Act 1981 amended
(1) This section amends the Misuse of Drugs
Act 1981.
(2) At the end of Part 1 insert:
5A. Authority
required for some investigations
This Act is subject to the Criminal Appeals Act 2004
section 46C.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
adult 3(1),
8B(1)
an amending Act 44(1)
analyst 3(1)
approved
analyst 3(1)
approved botanist 3(1)
approved person 21
authorised
person 8B(1), 14(4), 26(3), 31(8)
authorised
prescription 3(1)
botanist 3(1)
cannabis 3(1)
cannabis intervention
requirement 8B(1)
cannabis intervention session 8B(1)
cannabis
resin 3(1)
cannabis smoking paraphernalia 19A(1)
category 1
item 12
category 2 item 12
CEO (Health) 8B(1)
CEO
(Health) 38D(1)
child 3(1),
19B(1)
CIN 45
CIR 8B(2)
CIS 8B(2)
claimant 27(1)
commencement
day 45
Commissioner 3(1)
confidential information 27B(1)
dangerous
substance 3(1)
dentist 3(1)
drug of addiction 3(1)
external serious
drug offence 32A(3)
heroin 3(1)
ice pipe 19B(1)
industrial
hemp 3(1)
industrial hemp seed 3(1)
medical practitioner 3(1)
minor
cannabis related offence 8B(1)
new offence 8E(4), 8G(1)
nurse
practitioner 3(1)
opium 3(1)
owner 5(2)
Poisons
Act 1964 3(1)
police officer 8B(1)
principal offence 33(1), 33(3)
principal offence 33(2)
processed industrial hemp 3(1)
prohibited
drug 3(1)
prohibited
plant 3(1)
recipient 12
regulations 3(1)
relevant thing 27(6)
repeal
day Sch. IX, cl. 1(1)
responsible adult 8B(1)
sample 3(1)
search
warrant 21
seized property 28(1)
serious drug offence 32A(3)
simple
offence 3(1)
specified 27A(7)
specified
drug 3(1)
substance 12
sufficient samples 27(6)
summary
court 3(1)
supplier 12
to cultivate 3(1)
to possess 3(1)
to
supply 3(1)
undercover officer 26(3), 31(8)
vehicle 21
veterinary
surgeon 3(1)
young person 8B(1)
young person at risk 8H(2)