Dangerous drugs amendment act 1995 Act No. 17 of 1995
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- Short title 1.
- Importation of dangerous drugs without licence prohibited
- Penalty for exporting, etc dangerous drugs
- “ FIFTH SCHEDULE Sections 3 and 12
- PART 2 — PSYCHOTROPIC SUBSTANCES
NORFOLK ISLAND DANGEROUS DRUGS AMENDMENT ACT 1995Act No. 17 of 1995
An Act to amend the Dangerous Drugs Act 1927 [Assented to 16 November 1995] BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows — Short title1. This Act may be cited as the Dangerous Drugs Amendment Act 1995. Commencement2. This Act commences on the day on which notification of Assent is published in the Gazette. Principal Act3. In this Act, the Dangerous Drugs Act 1927 is referred to as the Principal Act. Definitions4. Section 3 of the Principal Act is amended — (a) by adding at the end of the definition of “dangerous drugs” in subsection (1): “; and (j) goods that consist of a psychotropic substance the name of which is specified in Part 2 of the Fifth Schedule;” and
(c) by omitting “or Part II” from paragraph (b) of the definition of “trafficable quantity” in subsection (1). Importation of dangerous drugs without licence prohibited5. Section 6 of the Principal Act is amended by adding at the end “or the drug is imported by a person who has possession of the drug in accordance with a prescription issued by a medical practitioner and the drug is for the use of that person”. Issue of licence6. Section 7 of the Principal Act is amended by omitting subsection (1) and substituting: “ (1) The Administrator may grant a licence to a person to import dangerous drugs, or one or more particular forms of dangerous drugs, specified in the licence. (1A) A licence to import dangerous drugs may only be issued to — (a) a legally qualified medical practitioner; or (b) a person who proves to the satisfaction of the Administrator that he or she is a fit and proper person to be allowed to import those dangerous drugs.
(a) ephedrine; (b) ergometrine; (c) ergotamine; (d) lysergic acid; (e) 1-phenyl-2-propanone; (f) pseudoephedrine; (g) acetic anhydride; (h) acetone; (i) anthranilic acid; (j) ethyl ether; (k) phenylacetic acid; (l) piperidine; (m) the salts of any of the substances referred to in paragraphs (a) - (l), whenever the existence of such salts is possible.”. Penalty for exporting, etc dangerous drugs7. Section 12 of the Principal Act is amended by adding at the end: “ (2) A person shall not — (a) sell a dangerous drug; or (b) possess a dangerous drug; or (c) purchase a dangerous drug.
Penalties8. Section 12D of the Principal Act is amended — (a) by inserting after paragraph (1)(a): “(ab) where the offence relates to the sale or supply of a dangerous drug to a person who has not attained the age of 18 years - a fine not exceeding 40 penalty units or imprisonment for a period not exceeding 10 years, or both a fine not exceeding that amount and imprisonment for a period not exceeding that period; or”; and (b) by inserting in subsection (2) “or (1)(ab)” after “Paragraph (1)(a)”; and (c) by adding at the end: “ (3) In determining the sentence to be imposed on a person, the matters to which a court shall have regard to in determining how serious the offence is, include, but are not limited to, such of the following matters as are relevant and known to the court: (a) the involvement in the offence of an organised criminal group to which the offender belongs; (b) the involvement of the offender in other international organised criminal activities; (c) the involvement of the offender in other illegal activities facilitated by commission of the offence; (d) the use of violence or arms by the offender; (e) the fact that the offender holds a public office and the offence is connected with the office in question; (f) the victimisation or use of minors; (g) the fact that the offence is committed in an educational institution or the immediate vicinity or in other places to which school children and students resort for educational, sports and social activities; (h) prior conviction, particularly for similar offences.”. Substitution9. The Fifth Schedule to the Principal Act is repealed and the following substituted: “FIFTH SCHEDULE Sections 3 and 12PART 1 - NARCOTIC SUBSTANCE
PART 2 — PSYCHOTROPIC SUBSTANCESAllobarbital Alprazolam Amfepramone Amphetamine Amobarbital Barbital
Benzphetamine Bromazepam Butalbital Butobarbital Camazepam Cathine
Cathinone Chlordiazepoxide Clobazam Clonazepam Clorazepate Clotiazepam Cloxazolam Cyclobarbital Delorazepam DET (N, N-Diethyltryptamine) Dexamphetamine Diazepam
DMA (2, 5-Dimethoxy-a-methylphenylethylamine) DMHP (3-(1, 2-Dimethylheptyl)-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran) DMT (N, N-Dimethyltryptamine) DOB (2, 5-Dimethoxy-4-bromoamphetamine) DOET (2, 5-Dimethoxy-4-ethyl-a-methylphenylethylamine) Estazolam Ethchlorvynol Ethinamate Ethyl Loflazepate Etilamfetamine Fencamfamin Fenetylline Fenproporex Fludiazepam Flunitrazepam Flurazepam Glutethimide Halazepam Haloxazolam Ketazolam Lefetamine SPA Levamphetamine Levomethamphetamine Levomethorphan Loprazolam Lorazepam Lormetazepam Lysergide (LSD, LSD-25) Mazindol MDA (3, 4 Methylenedioxyamphetamine) MDMA (3, 4-Methylenedioxy-N, a-dimethylphenylethylamine) Mecloqualone Medazepam Mefenorex Meprobamate Mescaline (3, 4, 5-Trimethoxyphenethylamine) Methamphetamine Methaqualone Methylphenidate Methylphenobarbital Methyprylon MMDA (5-Methoxy-3, 4-methylenedioxy-a-methylphenylethylamine) Nimetazepam Nitrazepam Nordazepam Oxazepam
Oxazolam Parahexyl (3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo[b,d]pyran) PCE (Eticyclidine) Pentazocine Pentobarbital Phencyclidine (PCP) Phendimetrazine Phenmetrazine Phenobarbital Phentermine PHP PCPY (Rolicyclidine) Pinazepam Pipradrol PMA (4-Methoxy-a-methylphenylethylamine) Prazepam Propylhexedrine Psilocine (Psilottin) Psilocybine Pyrovalerone Secbutabarbital Secbutobarbitone Secobarbital (2-Amino-1-(2, 5-dimethoxy-4-methyl) phenylpropane (STP, DOM) Temazepam (Tenocyclidine) TPC Tetrahydrocannabinols (THC) and their alkyl homologues, except where separately specified in this Schedule 3,4, 5-Trimethoxy-a-methylphenylethylamine (TMA) Tetrazepam Triazolam Vinylbital
Notified Gazette No. 51, 23 November 1995. Commenced on gazettal (No. 51, 23 November 1995). This enactment amends Ordinance No. 1 of 1927 as amended by No. 2 of 1963, 6 of 1964, 7 of 1973, 11 of 1976, 4 of 1978, Act 31 of 1980, 16 of 1984, 9 of 1985 and 35 of 1986. Printed on the authority of the Administrator. © Norfolk Island Government 2009 The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899. Directory: legislation legislation -> Status Report on Anglophone Africa legislation -> Differences and similarities between Anglophone and Francophone African countries’ national legislation on pmscs legislation -> {\rtf1\ansi{\info{\author 11 1 V2}}{\viewkind1}{\viewzk2}\dntblnsbdb legislation -> {\rtf1\ansi{\info{\author 11 1 V2}}{\viewkind1}{\viewzk2}\dntblnsbdb Download 128.95 Kb. Share with your friends:
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