Current Legislation
Queensland does not have a piece legislation that legalises the use of Supervised Injecting Facilities. All legislation below comes from the...
Drug Misuse and Trafficking Act 1985 (NSW), Section 36N
36N Exemption from criminal liability for users of licensed injecting centre
1. In this section:
"exempt quantity", in relation to a prescribed drug, means:
(a) in the case of a prohibited drug, a small quantity of the drug (subject to paragraph (b)), or
(b) in any case, such quantity of the drug as is prescribed by the regulations.
2. Despite any other provision of this Act or of any other Act or law (other than a provision prescribed by the regulations):
(a) it is not unlawful for a person at a licensed injecting centre:
(I) to be in possession of (otherwise than for supply) no more than an exempt quantity of a prescribed drug, or
(ii) to be in possession of an item of equipment for use in the administration of a prescribed drug, or
(iii) to administer or attempt to administer to himself or herself no more than an exempt quantity of a prescribed drug, and
(b) in particular, a person at a licensed injecting centre:
(II) who has in his or her possession (otherwise than for supply) no more than an exempt quantity of a prescribed drug, or
(ii) who has in his or her possession an item of equipment for use in the administration of a prescribed drug, or
(iii) who administers or attempts to administer to himself or herself no more than an exempt quantity of a prescribed drug,
does not commit an offence under section 10, 11 or 12, or any other offence prescribed by the regulations, just because of that fact.
3. Subsection (2) does not affect the operation of:
(a) the conditions of any recognizance to which a person is subject (whether under the Crimes Act 1900 or otherwise), or
(b) any bail conditions to which a person is subject under the Bail Act 1978, or
(c) the conditions of any program to which a person is subject under the Drug Court Act 1998.
4. Nothing in this section prevents a police officer from exercising a discretion not to charge a person with an offence under section 10 or 11:
(a) in respect of the possession of a prescribed drug, or
(b) in respect of the possession of an item of equipment for use in the administration of a prescribed drug, while the person is travelling to or from, or is in the vicinity of, a licensed injecting centre.
Drug Misuse and Trafficking Amendment (Medically Supervised Injecting Centre) Act 2010- 1st Nov 2010
36B Objects of Part
The objects of this Part are as follows:
(a) to reduce the number of deaths from drug overdoses,
(b) to provide a gateway to treatment and counselling for clients of the licensed injecting centre,
(c) to reduce the number of discarded needles and syringes and the incidence of drug injecting in public places,
(d) to assist in reducing the spread of blood-borne diseases, such as HIV infection or Hepatitis C.
This provision is current law-in-force, drawn from the latest Thomason Reuters consolidation of the Drug Misuse and Trafficking Act 1985 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW), Section 36N
36N Exemption from criminal liability for users of licensed injecting centre
1. In this section:
"exempt quantity", in relation to a prescribed drug, means:
(a) in the case of a prohibited drug, a small quantity of the drug (subject to paragraph (b)), or
(b) in any case, such quantity of the drug as is prescribed by the regulations.
2. Despite any other provision of this Act or of any other Act or law (other than a provision prescribed by the regulations):
(a) it is not unlawful for a person at a licensed injecting centre:
(I) to be in possession of (otherwise than for supply) no more than an exempt quantity of a prescribed drug, or
(ii) to be in possession of an item of equipment for use in the administration of a prescribed drug, or
(iii) to administer or attempt to administer to himself or herself no more than an exempt quantity of a prescribed drug, and
(b) in particular, a person at a licensed injecting centre:
(II) who has in his or her possession (otherwise than for supply) no more than an exempt quantity of a prescribed drug, or
(ii) who has in his or her possession an item of equipment for use in the administration of a prescribed drug, or
(iii) who administers or attempts to administer to himself or herself no more than an exempt quantity of a prescribed drug,
does not commit an offence under section 10, 11 or 12, or any other offence prescribed by the regulations, just because of that fact.
3. Subsection (2) does not affect the operation of:
(a) the conditions of any recognizance to which a person is subject (whether under the Crimes Act 1900 or otherwise), or
(b) any bail conditions to which a person is subject under the Bail Act 1978, or
(c) the conditions of any program to which a person is subject under the Drug Court Act 1998.
4. Nothing in this section prevents a police officer from exercising a discretion not to charge a person with an offence under section 10 or 11:
(a) in respect of the possession of a prescribed drug, or
(b) in respect of the possession of an item of equipment for use in the administration of a prescribed drug, while the person is travelling to or from, or is in the vicinity of, a licensed injecting centre.
Drug Misuse and Trafficking Amendment (Medically Supervised Injecting Centre) Act 2010- 1st Nov 2010
36B Objects of Part
The objects of this Part are as follows:
(a) to reduce the number of deaths from drug overdoses,
(b) to provide a gateway to treatment and counselling for clients of the licensed injecting centre,
(c) to reduce the number of discarded needles and syringes and the incidence of drug injecting in public places,
(d) to assist in reducing the spread of blood-borne diseases, such as HIV infection or Hepatitis C.
This provision is current law-in-force, drawn from the latest Thomason Reuters consolidation of the Drug Misuse and Trafficking Act 1985 (NSW)
