Progress Tests

Question 1

What activities does the term ‘supplying a drug’ cover?

Answer 1

Supplying drugs includes distributing, giving or selling drugs.

Question 2

What are the elements of the offence of offering to supply?

Answer 2

The elements of the offence of offering to supply are:

− the use of words that convey an offer
− the intention to make the other person believe the offer that has been made is real.

The offender need not have the drugs nor even intend to sell them to be guilty of the offence.

Question 3

What difference does age make to the offences involving Class C controlled drugs?

Answer 3

The difference in age regarding drug offences means that, when the receiver is:

− under 18 years of age, it is illegal to supply or administer, or offer to supply or
administer, a Class C controlled drug to them
− over 18 years of age, the only offences are to sell, or offer to sell, them a Class C
controlled drug.

Question 4

In relation to an offence against s9 of the Misuse of Drugs Act 1975, what must you prove?

Answer 4

You must prove the identity of the suspect and that he or she cultivated a prohibited plant

Question 5

What is the difference between the offence of obstruction contained in the Summary
Offences Act 1981 and the Misuse of Drugs Act 1975?

Answer 5

The offence of obstruction in the Misuse of Drugs Act relates specifically to obstructing
anyone who is executing powers under the Misuse of Drugs Act 1975.

Question 6

In relation to a charge of possession of a prescription medicine, who does the burden of
proof lie with?

Answer 6

The burden of proof that he or she was lawfully entitled to be in possession of the
prescription medicine lies with the defendant

Question 7

Who is exempt from charges relating to the sale or supply of needles or syringes?

Answer 7

Pharmacies, medical practitioners and authorised representatives of the Health Department.

Question 8

Describe the two different types of controlled deliveries.

Answer 8

There are two options with controlled deliveries.

One is a “clean controlled delivery”, where no
drugs are left within the consignment. This eliminates any risk of the drugs being lost but also
gives greater freedom in organising the surveillance of the consignment and reduces the risk of
alarming the targets who may have arranged counter-surveillance. However, at the termination
of the operation only “importation” and/or “conspiracy” charges are likely to be filed for those
apprehended.

The second option is to leave an amount of the drug within the consignment to enable the
option of charging an offender with a “possession for supply” charge and also provides the
availability of emergency powers should the drugs move to people or places that are not
covered by search warrants. The remainder of the drugs are substituted.

Question 9

Name the two main types of tracking devices.

Answer 9

The two main forms of tracking devices are Beacon and GPS.

Question 10

If a tracking device is installed without a warrant, what is the time period in which it either
needs to be removed or a tracking device warrant should be obtained?

Answer 10

48 hours.

Question 11

In which schedule of the Misuse of Drugs Act 1975 would you find the pre-cursor
substance pseudoephedrine?

Answer 11

Pseudoephedrine is found in Part 2 of Schedule 2 of this act (as it is re-classified as a Class B Controlled Drug).

Question 12

What is meant by the term ‘private communication’?

Answer 12

Private communication-

(a) means a communication (whether in oral or written form, or in the form of a
telecommunication, or otherwise) made under circumstances that may reasonably be
taken to indicate that any party to the communication desires it to be confined to the
parties to the communication; but

(b) does not include a communication of that kind occurring in circumstances in which
any party to the communication ought reasonably to expect that the communication
may be intercepted by some other person without having the express or implied
consent of any party to do so

Question 13

Of what does the judge need to be satisfied before granting you a surveillance device
warrant?

Answer 13

The conditions for issuing a surveillance device warrant are that–

(a) there are reasonable grounds—

(i) to suspect that an offence has been committed, or is being committed, or will be
committed in respect of which this Act or any enactment specified in column 2 of
the Schedule authorises the enforcement officer to apply for a warrant to enter
premises for the purpose of obtaining evidence about the suspected offence; and

(ii) to believe that the proposed use of the surveillance device will obtain information
that is evidential material in respect of the offence; and;

(b) the restrictions in section 45 do not prevent the issuing of a surveillance device
warrant in the circumstances.

Question 14

What has been held by the courts in relation to the protection of informers and
owners/occupiers of premises used for surveillance

Answer 14

R v Rankine

It is in the public interest that nothing should be done to discourage members of the public
from coming forward to provide information to the Police. The reasons which give rise to
the rule that an informer is not to be identified, apply with equal force to the identification
of the owner or occupier of the premises used for surveillance and to the identification of
the premises themselves.

Question 15

List four key activities the telephone investigator should undertake in the first 24 hours of a
major operation.

Answer 15

• Trapping’ or ‘pre loading’ phone data
• TSP Liaison
• Draft a production order application early

Question 16

Name the three types of Clan Labs.

Answer 16

Extraction
Conversion
Synthesis

Question 17

What is the definition of ‘emergency’ in s135 of the Hazardous Substances and
New Organisms Act 1996?

Answer 17

(a) Actual or imminent danger to human health or safety; or

(b) A danger to the environment or chattels so significant that immediate action is
required to remove the danger — arising from a hazardous substance or new
organism:

Question 18

Name six symptoms that may result from exposure to a Clan Lab

Answer 18

Any six of the following:
− headaches
− watery or burning eyes
− nausea
− burning skin
− coughing or choking
− pain in diaphragm
− feeling of coldness or weakness
− shortness of breath / dizziness
− decrease in cognitive function, vertigo and convulsions.

Question 19

Which drug offences are deemed to be category three offences?

Answer 19

− importing or exporting
− producing or manufacturing
− supplying or administering, or offering to supply or administer
− selling or offering to sell (Class C only)
− possessing for any of the above purposes any controlled drug.

Question 20

When can a defendant charged with a drug offence elect trial by jury?

Answer 20

If the offence is a category three offence (punishable by imprisonment of two years or
more) the defendant will have the right to elect trial by jury.

Question 21

What are the general time limits for filing charges regarding drug offences?

Answer 21

The general rule regarding offences against the Misuse of Drugs Act 1975 or Regulations is
that you must file charging documents within four years of the offence being committed

Question 22

List the criteria that must be satisfied for an Analyst’s Certificate to be admissible at court.

Answer 22

− the chain of evidence is unbroken
− the material to be analysed is not tampered with or contaminated
− the defence is aware of the analysis and the results and is given reasonable time to
prepare a defence.

Question 23

Name two common examples of instruments of crime in drug dealing cases

Answer 23

• a house used to manufacture methamphetamine;

− a motor vehicle used to deliver drugs.