Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 13

13 Certain offences may be dealt with summarily

(1) Where a person charged with the commission of a crime defined in section 6 , 8 , 9 , 9A , 9B , 9C , 10 (1) , 11 or 12 or an attempt to commit any such crime is liable upon conviction to not more than 15 years imprisonment, proceedings in respect of a charge of the offence may be taken summarily.

(2) Where a person is charged with the commission of a crime defined in section 7 or an attempt to commit any such crime in respect of property obtained from the commission of—

(a) an offence defined in section 6 ; or

(b) an act referred to in section 7 (1) (b) which if it had been done in Queensland would have constituted an offence defined in section 6 ;

which offence or act is of such a nature, or is committed under such circumstances, that the person who committed the offence or act—

(c) upon conviction is liable, pursuant to section 6 , to not more than 15 years imprisonment; or

(d) might be summarily convicted under the laws in force in the place where it was committed;

proceedings in respect of a charge of the crime or an attempt to commit any such crime may be taken summarily.

(2A) Despite subsections (1) and (2) , proceedings may not be taken summarily in relation to a charge of an offence defined in section 6 , 7 , 8 , 9B or 9C if the prosecution alleges the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q .

(3) If a person is charged with the commission of a crime, or an attempt to commit a crime, defined in section 8A , proceedings in relation to the charge may be taken summarily.

(4) A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than—

(a) if a treatment order is made for the person—4 years imprisonment; or

(b) otherwise—3 years imprisonment.