Misuse of Drugs Act 1975

12A Equipment, material, and substances used in production or cultivation of controlled drugs

• (1) Every person commits an offence against this Act who supplies, produces, or manufactures—

  • (a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or

  • (b) any precursor substance—

  knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.

  (2) Every person commits an offence against this Act who has in his or her possession—

  • (a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or

  • (b) any precursor substance—

  with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.

  (3) Every person who commits an offence against this section is liable on conviction on indictment,—

  • (a) in the case of an offence against subsection (1), to imprisonment for a term not exceeding 7 years:

  • (b) in the case of an offence against subsection (2), to imprisonment for a term not exceeding 5 years.

  (4) If a person is summarily convicted of an offence against this section,—

  • (a) the court may sentence the person to imprisonment for a term not exceeding 1 year or to a fine not exceeding $1,000, or to both; and

  • (b) the sentencing limits contained in section 7 of the Summary Proceedings Act 1957 do not apply.

  Section 12A: inserted, on 12 May 1998, by section 5 of the Misuse of Drugs Amendment Act 1998 (1998 No 14).