LiveChat Loading...

Australian National Character Check livechat loading
Australian National Character Check livechat loading
|
Home Blog Drug Offences in the Australian Capital Territory (ACT)

Drug Offences in the Australian Capital Territory (ACT)

In the ACT, an offender can be charged and convicted of drug offences under the following laws;

These legislations jointly prohibit the possession, administration, use, trafficking, sale, exchange, control or cultivation of prohibited drugs.

It is a serious offence if you are caught controlling, or partaking in an illicit drug operation, especially where it is in commercial or large quantities. The various legislations stipulate the maximum punishments for all offenders. And where it overlaps, the court can use its discretion to impose the necessary punishments.

The severity or type of punishments you get for Drug offences depends on the type or your dealings with the drugs. These include;

Drug offences for which there is a conviction show up on a police background check in accordance with the Spent Convictions Scheme.

  1. Offences of Drug Possession

The correct context of drug possession in Drug laws includes;


Penalties for Drug possession offences;

The Police can issue a Simple Cannabis Notice depending on the seriousness of the offence. For example, the Police will issue a notice where the offender possessed;

A simple cannabis offence where a notice is issued attracts $100 that should be paid within 60 days.

However, if the offender defaults on the payment, a criminal proceeding will commence with penalties of $150 and a criminal conviction.

Possession of other controlled drugs carries a maximum penalty of;

  1. The offence of Selling a Controlled Plant

The ACT’s various laws on Drug offences prohibit the public or private exchange of Drugs whether for monetary gains or not.

A plant is sold under the law if any of the following occurs;


Penalties for Selling a Controlled Plant

The penalty issued by the court depends on the quantity of the plant sold, and the type of plants.

  1. The offence of Cultivating a prohibited drug

Cultivating a Prohibited drug not only requires active farming or planting of the seeds.

Under Section 615 of the Criminal Code Act 2002; a person has cultivated a prohibited drug by directing, controlling, arranging or providing


Penalties for Cultivating a Prohibited drug

The act will be treated as a simple cannabis offence if the plant cultivated was a cannabis plant, and you have 1 or 2 plants for personal use. However, for non-cannabis plants or larger quantities, the maximum penalty is;

A person can be guilty of the offence of selling even when they did not intend to sell it themselves. It means the Court can find a person guilty of selling a cultivated plant if they expected or contracted another person to sell.

If the court finds you guilty of cultivating to sell, it can issue penalties up to a life imprisonment term.

  1. Offences of Drug Administration in the ACT

It is illegal in Australia and specifically in the ACT to administer any drug to a person without authorization. It does not matter if the person is an adult and consented to you administering the drugs to them. It also doesn’t matter whether it was;


Penalties for Drug Administration in ACT

The Medicines, Poisons and Therapeutic Goods Act 2008 and Criminal Code Act 2002 stipulates maximum punishments of;

  1. Offences of Manufacturing and Precursors

It is an offence to possess, manufacture, or sell a controlled precursor, and/or, possessing the equipment used in manufacturing the drugs including pill presses.

Precursors are the raw chemical constituents for making controlled drugs. They are extracted to manufacture the controlled drugs, likely amphetamines.


Penalties for Manufacturing Precursors

For offences of Possessing or manufacturing a controlled precursor; the court can impose penalties between;

It is an offence to sell a controlled precursor, especially if you sell it knowing it is used to manufacture a controlled drug.

The court can issue penalties from;

  1. Offences of supplying a Drug

It is a serious offence in the ACT to be caught; selling, supplying or controlling such actions in any capacity.

Penalties for supplying a Drug

Whether it is a drug of dependence or a prohibited drug, the court will issue penalties up to;

  1. Offences of Drug Trafficking

Trafficking of Drugs involves all criminal actions of supplying, selling or transacting drugs in commercial or indictable quantities. As usual, the offender does not have to be actively invested in the act, the law considers drug trafficking under the following action;


Trafficking of a certain amount of a drug or controlled plant doesn't have to occur all at once. You can be charged with trafficking a greater amount than you did if it is proved that you trafficked the controlled drug or plant more than one time, or repeatedly.


Penalties of Drug Trafficking

Schedule 1 of the Criminal Code Regulation 2002 stipulates the following penalties for drug trafficking;

For Cannabis-related trafficking;

For controlled drugs other than cannabis;

  1. Child Protection Laws

Penalties for Drug offences, including a child or procuring one for the Drug Trafficking range from $5,000 fines, and/or

5 year’s imprisonment up to life.

Do drug offences in the ACT show up on a national police check?

Where the offence results in conviction from the court, the offence will show up on an individual’s police check in the ACT as a disclosable court outcome.

You can obtain your national police check online from the ANCC website.

Wrapping Up

When the court sentences an offender, the harm or impact of the drug matters less. The perceived harm potential of a drug is not relevant to determining which offence you will be charged with (or the quantity you were alleged to traffic).

A court can consider the motives and aggravating circumstances when sentencing you for an offence, but certain drugs of dependence or controlled drugs are not to be treated as more or less harmful than others.

Sources

Criminal Code 2002 - http://classic.austlii.edu.au/au/legis/act/consol_act/cc200294/

Drugs Of Dependence Act 1989 - http://classic.austlii.edu.au/au/legis/act/consol_act/doda1989169/

Medicines, Poisons and Therapeutic Goods Act 2008 - http://classic.austlii.edu.au/au/legis/act/consol_act/mpatga2008379/

Copyright & Disclaimer

The content on this website is communicated to you on behalf of Australian National Character Check™ (ANCC®) pursuant to Part VB of the Copyright Act 1968 (the Act).

The material in this communication may be subject to copyright under the Act. Any further reproduction of this material may be the subject of copyright protection under the Act.

You may include a link on your website pointing to this content for commercial, educational, governmental or personal use.

The contents of this website do not constitute legal advice and should not be relied upon as a substitute for legal or professional advice.

Previous Blog
Next Blog

Top