Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 14

14 Other offences that may be dealt with summarily if no commercial purpose alleged

(1) Subject to subsection (2) , if a person charged with the commission of a crime defined in section 9 , or an attempt to commit the crime, is liable on conviction to more than 15 years imprisonment, proceedings for a charge of the offence may be taken summarily.

Editor’s note—

section 9 (Possessing dangerous drugs)

Note—

It is open to the director of public prosecutions to issue guidelines for deciding whether to take proceedings summarily under subsection (1) . (See the Director of Public Prosecutions Act 1984 , section 11 (Powers of director).)

(2) Proceedings may not be taken summarily if the prosecution alleges that the possession the subject of the charge was for a commercial purpose.

(3) 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 under the Penalties and Sentences Act 1992 , part 8A —4 years imprisonment; or

(b) otherwise—3 years imprisonment.