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50 Cards in this Set
- Front
- Back
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Prohibited Drug |
Any Substance, other than a prohibited plant specified in schedule 1 |
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7 Social Implications of Drug use |
- Cost of prevention - Treatment - Loss of productivity in the workplace - Property Crime - Theft - Accidents - Law enforcement activities associated with drugs and alcohol in Australia |
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Types of Drugs |
1. Stimulants 2. Depressants 3. Hallucinogens |
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s.10 Drug misuse & trafficking act, 1985 |
Possession of a Prohibited Drug - The accused - Had in their possession - A prohibited drug |
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s.11 Drug Misuse & Trafficking Act, 1985 |
Possession of equipment for administration of a prohibited drug - Accused - Had in their possession - Any item of equipment for use in the administration of a prohibited drug (excluding hypodermic needles) |
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s.12 Drug Misuse & Trafficking Act, 1985 |
Self Administer prohibited drug - Accused - Administered or attempted to administer to him/herself - A prohibited drug |
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Psychoactive effect |
in relation to a person who is consuming or has consumed a psychoactive substance: a) stimulation or depression of the central nervous system of the person, resulting in hallucination or a significant disturbance in, or a significant change to motor function, thinking behaviour, perception, awareness or mood or b) causing a state of dependence, including physical or psychological addiction |
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Psychoactive Substance |
Any substance (other than a substance to which this part does not apply) that, when consumed by a person, has the capacity to induce a psychoactive effect |
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Types of Psychoactive substances |
1. Cathinones 2. Cannabinoids 3. Hallucinogenic NPS |
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Prescribed Restricted Substance |
Any substance specified in schedule 4 of the poisons act |
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Schedule 4 |
Substances to which in the public interest should be supplied only upon the written prescription of a medical practitioner, nurse practitioner under s17A , midwife , dentist , optometrist under s17B, podiatrist under s17C or veterinary practitioner. |
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Commonly prescribed restricted substances |
- Valium (diazepam) - Zyprexa (alprazolam) - Serapax (oxazepam) |
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s.16(1) Poisons and Therapeutic Goods Act, 1966 |
Possess prescribed restricted substances - Accused - Possessed or attempted to obtain possession of - A prescribed restricted substance |
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s.16 (2) Poisons and Therapeutic Goods Act, 1966 |
Fraudulently alter/utter prescription - Accused - Forged or fraudulently altered; or uttered knowing it to be forged or fraudulently altered - Any prescription of a medical practitioner, nurse practitioner, dentist, veterinary surgeon - including any prescribed restricted substances |
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s.16 (3) Poisons and Therapeutic Goods Act, 1966 |
A person who: a) by a representation that the person knows or ought reasonably know, is false or misleading... is guilty of an offence. Max: 20PU/6 months/both |
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3 Types of possession |
1. Exclusive (sole) possession 2. De-facto possession 3. Joint possession |
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Exclusive (sole) possession |
Having physical charge of an item or the item is in a position where nobody else can exercise any degree of control. Must negate possession on the part of any other person |
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De-facto possession |
When a person places an item somewhere where another may find it accidentally |
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Joint possession |
Agreement between two or more persons acting in concert to stop all others from taking part in, or being involved in, the custody of the item. They have a common purpose. |
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Possession = |
- Knowledge (mens rea) (existence + nature) Existence: The fact they knew the drugs were there AND Nature: They knew the substance was a drug + - Control (actus reus) (exclusive/de-facto-joint) Control: There must at least be de-facto control, however there can be joint possession |
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s.4 Drug Misuse & Trafficking Act, 1985 |
Admixtures In the act in reference to a prohibited drug includes reference to any preparation, admixture, extract or other substance containing any proportion of the prohibited drug. Total weight of the drug includes any substance it may be 'cut' with. |
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s.5 Drug Misuse & Trafficking Act, 1985 |
Meaning of 'use' and 'administer' - Ingestion - Injection - Inhalation - The smoking of a prohibited drug - The inhalation of fumes caused by heating or burning a prohibited drug OR - Any other means of introducing a prohibited drug into any part of the body of a person |
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Definition of a prohibited plant |
s.3 Drug Misuse & Trafficking Act, 1985 a) a cannabis plant cultivated by enhanced indoor means, or a1) a cannabis plant cultivated by any other means or b) any growing plant of the genus Erythroxyion or of the species Papaver Somniferum or Papaver Orientale, also known as Papaver Bracteatum or c) any growing plant of a description specified in an order in force under ss.2 but does not include any growing plants referred to in a), a1), b) |
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Definition of Cannabis Leaf |
s.3 Drug Misuse & Trafficking Act, 1985 Any plant or part of the genus cannabis by whatever name that plant or part may be called, and includes the achenes and seed of any such plant, but does not include: a) cannabis oil b) any fibre of any such plant or part from which the resin has been extracted or c) cannabis plant |
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s.23 Drug Misuse & Trafficking Act, 1985 |
Offences with respect to prohibited plants 1) A person who: a) Cultivates, or knowingly takes part in the cultivation of a prohibited plant or b) Supplies, or knowingly takes part in the supply of a prohibited plant or c) has a prohibited plant in his or her possession Is guilty of an offence |
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Cultivate |
in relation to a prohibited plant, includes: a) sow or scatter the seed produced by a prohibited plant + b) plant, grow, tend, nurture or harvest the prohibited plant |
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s.6 Drug Misuse & Trafficking Act, 1985 |
'Take Part In' A person takes part in the cultivation/supply of a prohibited plant/the manufacture/production/supply of of a prohibited drug if: a) person takes/participates in any step/causes any step to be taken in the process of cultivation/manufacture/production/supply or b) person provides/arranges finance for any such step in that process or c) person provides the premises in which any such step in that process is taken/suffers/permits any such step in that process to be taken in premises of which the person is the owner/lessee/occupier/in the management of which the person participates |
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s.25 Drug Misuse & Trafficking Act, 1985 |
Supply prohibited drug - The Accused - Supplied or knowingly takes part in the supply of - A prohibited drug |
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Supply |
s.3 Drug Misuse & Trafficking Act, 1985 Includes sell + distribute, + also includes agreeing to supply/offering to supply/keeping/having in possession for supply/sending/forwarding/delivering/receiving for supply/authorising/directing/causing/suffering/permitting/attempting any of those acts or things |
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s.29 Drug Misuse & Trafficking Act, 1985 |
Trafficable quantity - Possession to be taken for supply A person who has in his/her possession an amount of a prohibited drug which is not less than the trafficable quantity of the prohibited drug shall, for purpose of this division, be deemed to have the prohibited drug in his/her possession for supply, unless a) person proves that he/she had the prohibited drug in his/her possession otherwise than for supply or b) except where the prohibited drug is prepared opium, cannabis leaf, cannabis oil, cannabis resin, heroin, or the person proves that they obtained possession in accordance with a prescription |
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s.40 Drug Misuse & Trafficking Act, 1985 |
Effect of Certain Representations 1) A substance (not a proh drug) which, for the purpose of its being supplied, is represented (verbally, in writing or conduct) as being a proh drug or specified proh drug, shall be deemed to be a proh drug or specified proh drug, as case requires |
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s.24 Drug Misuse & Trafficking Act, 1985 |
Manufacture and Production of Prohibited Drug - Accused - Manufactured or produced or knowingly took part in the manufacture or production of - Prohibited drug |
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s.43B Poisons and Therapeutic Goods Act, 1966 |
Searching for Prescribed Restriced Substances 4) member of police force may stop, search + detain: a) any person in whose possession/under whose control the officer reasonably suspects there is, in contravention of Act, any pres restricted substance b) any vehicle in which member reasonably suspects there is any pres restriced substance which is in contravention of act, in possession/under control of any person |
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s.11 (1) Summary Offences Act, 1988 |
Possession or Consumption of Liquor by Minor in a Public Place - Person under 18 years - Did possess or consume liquor - In a public place - Not under the supervision of a responsible adult or - No reasonable excuse |
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s.11 (2) Summary Offences Act, 1988 |
Power to seize alcohol Officer may seize liquor in possession of a person in a public place if office suspects on reasonable grounds that a) person is under 18 b) person not under supervision of responsible adult + c) person doesn't have reasonable excuse for possessing liquor |
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s.4 Summary Offences Regulations 2010 |
Reasons for Seizure 1) When seizing liquor under s.11 of act, police must give reasons for seizure 2) For that purpose, officer must tell person from whom liquor is seized that police officer supects person: a) is under 18 b) is not under supervision c) doesn't have reasonable excuse |
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s.5 Summary Offences Regs 2010 |
Reasons for Seized Liquor 1) Seized liquor may be disposed of when seized if: a) at time of seizure it is in a container that is unsealed or part of the contents have been removed b) it is/likely soon to become unfit for human consumption 2) Seized liquor must not be disposed of at any time of seizure if the quantity or value of liquor makes disposing unreasonable 3) Disposal must be by method that ensures liquor does not remain or become available for consumption by any person |
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s.6 Summary Offences Regs 2010 |
Information as to Custody of Seized Liquor 2) At time of seizure, police concerned must inform person whom liquor is seized: a) liquor will be taken to a specified police station and kept there for at least 24 hours b) claim for return must be made at that station 3) Receipt specifying details of seized liquor must be issued: a) at time of seizure, by police b) at time liquor is taken to station |
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s.8 Summary Offences Regs 2010 |
Claim for Seized Liquor Seized liquor held at a police station may be claimed by, + if claimed must be returned to person from which it was seized |
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Intoxicated Person |
s. 5 Liquor Act 2007 A person is intoxicated if: a) persons speech, balance, co-ordination/behaviour is noticably affected + b) it is reasonable in circumstances to believe this is result of the consumption of liquor |
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s. 18 Gaming + Liquor Administration Act 2007 |
Purpose of Entry 1) powers may be exercised for following purposes: a) determining whether there has been compliance/contravention of gaming + liquor legislation b) obtaining info/records c) in connection w/exercising functions of inspector d) generally administering gaming + liquor legislation |
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s. 24 Gaming + Liquor Administration Act 2007 |
Power to enter premises 1) an inspector or police officer may enter any premises at any time for the porposes referred to in s.18 2) entry may be effected under this act by an inspector w/the aid of such other inspectors or police officers as the inspector considers necessary + with use of reasonable force |
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s. 26 Gaming + Liquor Administration Act 2007 |
Power to inspect and seize things 1) An inspector/police may, on any premises lawfully entered, do anything that in the opinion of the inspector/officer is necessary to be done for the purpose of this part, including the things specified in ss.2: 2) Inspector/officer may do any of the following: a) examine + inspect any part of the premises b) make examinations + inquiries c) require records to be produced d) examine records e) copy any records f) seize anything that the inspector believes is connected w/an offence |
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s. 77 Liquor Act 2007 |
No voluntary exclusion 2) An authorised person may refuse to admit to/turn out of, licensed premises, any person: a) who is at the time intoxicated, violent, quarrelsome/disorderly or b) whose presence on the licensed premises renders the licensee liable to a penalty or c) who smokes, w/i the meaning of the Smoke Free environment act, 2000, while on any part of the licensed premises that is a smoke free area w/i the meaning or d) who uses/ has in possession a substance suspected of being proh plant/drug or e) whom the authorised person, under conditions of the licence or according to a term of a liquor accord, is authorised or req to refuse access to premises 6) Person refused admission to/turned out of licensed premises because person was intoxicated/violent/quarrelsome/disorderly must not re-enter/attempt re-enter premises w/i 24 hrs of being refused/turned out Max: 50 PU |
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Intoxicated person refused/turned out must not w/o reasonable excuse + resonable excuses |
s.77 Liquor Act 2007 8) a) remain in the vicinity of the premises or b) re-enter vicinity of the premises w/i 6 hrs of being refused admission or being turned out Max: 50 PU 9) Reasonable excuse if: a) person reasonably fears for for their safety if they don't remain in/ re-enter vicinity of premises or b) person needs to remain/re-enter in order to obtain transport or c) person resides in vicinity of premises |
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Disorderly |
s. 5 Liquor Act 2007 Substantial breach of decorum which tends to disturb the of to interfere with the comfort of other people who may be in, or in vicinity of, a street or public place |
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s. 73 Liquor Act 2007 |
Prevention of excessive consumption of alcohol 1) Licensee must not permit: a) intoxication or b)any indecent/violent/quarrelsome conduct on licensed premises Max: 100 PU 2) Licensee/employee/agent of licensee must not on licensed premises, sell/supply liquor to intoxicated person max: 100 PU |
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s.118 Liquor Act 2007 |
Offences committed by minors on licenced premises 1) Minor not to: a) consume liquor on LP or b) consume liquor on premises of unlicensed restaurant unless minor consumes in presence of + permission of parent/guardian or c) obtain/attempt obtain liquor for consumption on licensed premises or d)carry liquor away/attempt carry away from licensed premises unless minor was ordered/requested by another person to carry liquor away from LP Max: 20 PU |
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s. 128 Liquor Act 2007 |
Minor to provide information 1) Authorised person may require person who is reasonably suspected of being a minor who, if minor would be committing offence: a) to state the relevantperson's full name, residential address + DOB and b) produce then/at a police station w/i reasonable time, an evidence of age document for the person |
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Cannabis Caution Scheme |
U- 15g or under S- Sufficient evidence exists C- Consent to caution/sign caution A- Admits to the offence N- No other offences involved for which brief needs to be submitted C- Cannot request/demand A- Appropriate in the circumstances U- Use is personal T- Two cautions max I- ID is confirmed O- Over 18 N- No priors for Sex, Drugs (other than 1st Caution), or violent offences |
