AustLII Tasmanian Numbered Acts

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MISUSE OF DRUGS ACT 2001 (NO. 94 OF 2001) - SECT 3

Interpretation

(1)  In this Act, unless the contrary intention appears –
child means a person who has not attained the age of 18 years;
conceal , in relation to something, includes conceal or disguise –
(a) its source or nature; or
(b) its location or movement; or
(c) the rights of any person in relation to it; or
(d) the identity of its owner;
controlled drug means a substance, other than a growing plant, specified or described in Part 2 of Schedule 1 ;
controlled plant means a plant specified in Part 3 of Schedule 1 or any part of such a plant;
controlled precursor means a substance specified or described in Part 4 of Schedule 1 ;
controlled substance means a controlled drug, controlled plant or controlled precursor;
conveyance includes an aircraft, vehicle or vessel;
cultivate includes –
(a) plant a seed, seedling or cutting; and
(b) graft, divide or transplant a plant; and
(c) nurture, tend or grow a plant; and
(d) guard or conceal a plant against discovery or interference, whether by humans or natural predators; and
(e) harvest a plant, whether by picking part of the plant, by separating resin or another substance from the plant or by other means;
manufacture means any process by which a substance is produced, other than the cultivation of a plant, and includes –
(a) the process of extracting or refining a substance; and
(b) the process of transforming the substance into a different substance;
medical practitioner means a registered medical practitioner;
place includes premises;
police officer means a police officer within the meaning of the Police Regulation Act 1898 ;
premises includes a conveyance;
prepare , in relation to supplying a drug, includes –
(a) packaging the drug; and
(b) separating the drug into discrete units;
product , of a plant, includes –
(a) a seed of the plant; and
(b) a part of the plant, whether live or dead; and
(c) a substance prepared from the plant;
regulations means regulations made and in force under this Act;
search warrant means a warrant issued under the Search Warrants Act 1997 ;
sell means sell, whether by wholesale or retail, and includes –
(a) agree to sell; and
(b) offer, or expose, for sale; and
(c) keep, or possess, for sale; and
(d) deal in, barter or exchange; and
(e) send, forward, deliver or receive for sale; and
(f) authorise, direct, cause, permit or suffer any of those things to be done;
supply , in relation to a substance, includes –
(a) administer the substance, whether orally, subcutaneously or by other means; and
(b) offer or agree to supply the substance;
traffic , in relation to a controlled substance, includes –
(a) sell the substance; and
(b) prepare the substance for supply with the intention of selling it or in the belief that another person intends to sell it; and
(c) transport the substance with the intention of selling it or in the belief that another person intends to sell it; and
(d) guard or conceal the substance with the intention of selling it or in the belief that another person intends to sell it; and
(e) possess the substance with the intention of selling it;
trafficable quantity , of a controlled substance, means –
(a) in the case of a controlled drug that is not mixed with or contained in any other substance, a quantity of the controlled drug that is not less than the quantity specified in column 3 of the table in Part 2 of Schedule 1 in relation to the controlled drug; and
(b) in the case of a controlled drug that is mixed with or contained in another substance where the combined quantity of the substances is not less than the quantity specified in column 3 of the table in Part 2 of Schedule 1 in relation to the controlled drug, any quantity; and
(c) in the case of a controlled plant, a quantity of the controlled plant that is not less than the quantity specified in column 3 of the table in Part 3 of Schedule 1 in relation to the controlled plant; and
(d) in the case of a controlled precursor, a quantity of the controlled precursor that is not less than the quantity specified in column 3 of the table in Part 4 of Schedule 1 in relation to the controlled precursor;
transport includes deliver.
(2)  For the purposes of this Act, a person is taken to engage in an activity if the person –
(a) participates in the activity; or
(b) controls or directs the activity; or
(c) provides finance or another resource that allows the activity to be carried on.
(3)  Without restricting the generality of the expression "possession" , a controlled substance is taken to be in a person's possession for the purposes of this Act so long as it is on any land or premises occupied by the person, or is enjoyed by the person in any place or is in the person's order and disposition, unless the person proves that he or she had no knowledge of the substance.



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