An Act to amend the Drug Misuse and Trafficking Act 1985 to make further provision in relation to the prohibition of the manufacture, supply, possession and use of certain drugs; and for other purposes.
1 Name of Act
This Act is the Drug Misuse and Trafficking Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Drug Misuse and Trafficking Act 1985 No 226
The Drug Misuse and Trafficking Act 1985 is amended as set out in Schedule 1.
4 (Repealed)
s 4: Rep 2006 No 120, Sch 4.
Schedule 1 Amendment of Drug Misuse and Trafficking Act 1985
(Section 3)
[1]–[15] (Repealed)
[16] Section 35A
Insert after section 35:35A Defence in relation to certain substances used in industry(1) Despite any other provision in this Act, it is not an offence against this Act for:(a) a person to manufacture, produce, possess or supply an industrial product for the purpose of the manufacture or distribution of an industrial product or final stage industrial product, or(b) a person to manufacture, produce, possess or supply a final stage industrial product, or(c) a person to possess or supply a Schedule 2 substance for the purpose of its disposal as waste or its destruction.(2) In this section:distribution means any process or operation necessary for distributing a substance or product to a manufacturer or other distributor.final stage industrial product means:(a) an article or substance that does not contain any Schedule 2 substance or any other prohibited drug, or(b) an industrial product:(i) from which a Schedule 2 substance cannot be readily extracted or readily synthesized, orand that does not contain any other prohibited drug.(ii) contains less than the concentration of Schedule 2 substance prescribed by the regulations,industrial product means an article or substance:(a) that is not for human consumption, and(b) that is or contains a Schedule 2 substance.manufacture means any process or operation necessary for manufacturing a substance or product.Schedule 2 substance means any substance listed in Schedule 2.(3) In this section, a reference to the manufacture, production, possession or supply of a substance or product includes taking part in the manufacture, production, possession or supply of the substance or product.
[17]–[19] (Repealed)
[20] Section 40A Proof of certain matters
Omit “24 (4) or 25 (4)” from section 40A (2).Insert instead “24 (4), 25 (4) or 35A”.
[21] (Repealed)
[22] Section 44A
Insert after section 44:44A Amendment of Schedule 2The Governor may, from time to time, by regulation amend Schedule 2:(a) by adding the name or description of or relating to a substance, or(b) by amending a name or description of or relating to a substance for the purpose of more accurately describing the substance.
[23] (Repealed)
[24] Schedule 1
Insert in appropriate order:
[25] Schedule 1
Omit “, except 4-Hydroxy-butanoic acid lactone (also known as gamma butyrolactone as referred to in Schedule 2 to the Drug Misuse and Trafficking Regulation 2000)” from the matter relating to 4-Hydroxybutanoic acid.
[26] (Repealed)
[27] Schedule 2
Insert after Schedule 1:Schedule 2 Legitimate purpose defence substances(Sections 35A and 44A)1,4-Butanediol (also known as hydroxybutanol or 1,4 BD)Gamma butyrolactone (also known as 4-hydroxybutanoic acid lactone or GBL)
sch 1: Am 2006 No 120, Sch 4.
Schedule 2 (Repealed)
sch 2: Rep 2006 No 120, Sch 4.