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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 145
Misuse of
Drugs Amendment Bill 2008
Dr
Burns
A Bill for an Act to amend the Misuse of Drugs Act
NORTHERN TERRITORY OF AUSTRALIA
MISUSE OF DRUGS AMENDMENT ACT 2008
____________________
Act No. [ ] of 2008
____________________
TABLE OF PROVISIONS
4B Indigenous
community
44 Transitional
provision for increased penalty for supplying dangerous drug in indigenous
community
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2008
____________________
An Act to amend the Misuse of Drugs Act
[Assented to [ ] 2008]
[Second reading [ ] 2008]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Misuse of Drugs Amendment Act 2008.
This Act commences on the date fixed by the Administrator by Gazette notice.
This Act amends the Misuse of Drugs Act.
4 Amendment of section 3 (Interpretation)
(1) Section 3(1)
omit
In this Act, unless the contrary intention appears –
substitute
In this Act:
(2) Section 3(1)
insert (in alphabetical order)
indigenous community, see section 4B.
After section 4A
insert
(1) An indigenous community is:
(a) a prescribed area; or
(b) an area prescribed by regulation.
(2) However, a regulation may declare a prescribed area is not an indigenous community.
(3) In this section:
prescribed area, see section 4 of the Northern Territory National Emergency Response Act 2007 (Cth).
6 Amendment of section 5 (Supplying dangerous drug)
(1) Section 5(2)(a)(iv), after "5 years"
insert
, or if the drug is supplied to a person in an indigenous community, 9 years
(2) After section 5(2)
insert
(3) In a prosecution for an offence against subsection (2), a statement in the complaint or information that a person was in an indigenous community when the alleged offence was committed is evidence of the matters stated.
7 Amendment of section 43 (Regulations)
(1) Section 43(1)
omit, substitute
(1) The Administrator may make regulations under this Act.
(2) Section 43(2)
omit
Without limiting the generality of subsection (1), the Regulations may –
substitute
The Regulations may provide for the following:
(3) Section 43(2)(c)
omit
needles; and
substitute
needles;
After section 43
insert
44 Transitional provision for increased penalty for supplying dangerous drug in indigenous community
To avoid doubt, the amendment of section 5 by the Misuse of Drugs Amendment Act 2008 applies only to an offence committed after the commencement of that Act.
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