STATE AND TERRITORY
LEGISLATIVE AMENDMENTS
& INITIATIVES
INTRODUCTION
This chapter provides an overview of recently proposed or implemented legislative
and regulatory changes and law enforcement initiatives related to illicit drugs in
Australian states and territories. Contributions to this chapter were provided by each
state and territory police service. Information contained in this chapter should be
used as a guide only. Please refer to the nominated Act or regulation for further
detail.
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LEGISLATIVE & REGULATORY
AMENDMENTS
NEW SOUTH WALES (NSW)
TITLE OF ACT/REGULATION
Drug Misuse and Trafficking Act (DMTA) 1985
Date assented: 27 September 2013
PURPOSE
To amend the DMTA to have 45 new substances added to Schedule 1. The substances
listed in Schedule 9 of the Commonwealth Poisons Standard will be adopted into the
Poisons and Therapeutic Goods Act (NSW). When new substances that belong to this class
are identified, this will be specified in the DMTA Schedule and it will become a prohibited
drug.
OBJECTIVES
The majority of synthetic cannabinoids, cathinone analogues and the NBOMe compounds
will become prohibited substances. The definition of ‘analogue’ will be amended not to
include the phrase ‘psychotropic properties.’ This will make it easier to prove a substance is
an analogue.
TITLE OF ACT/REGULATION
New Psychoactive Substances Act
Date assented: 24 September 2013
PURPOSE
To introduce a new Act to deal specifically with psychoactive substances.
OBJECTIVES
Effectively this will make it an offence to sell, manufacture and advertise substances with a
psychoactive effect. It will also deal with those substances that are marketed as plant food or
bath salts. There will be no possession offence attached to this Act.
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NORTHERN TERRITORY (NT)
TITLE OF ACT/REGULATION
Misuse of Drugs Amendment Regulations 2012
Date assented: 3 August 2012
PURPOSE
The insertion of the definition ‘Indigenous community’ (regulation 6A) into section 4B(1) of
the Misuse of Drugs Act. Consequently, the areas that were defined as prescribed areas
under section 4 of the Northern Territory National Emergency Response (NTNER) Act 2007,
prior to its repeal, are again prescribed areas under the Misuse of Drugs Act.
OBJECTIVES
The Regulation provides clarity of definition given the repeal of legislation. Individuals within
Indigenous communities who initiate and/or aggravate certain offences may face increased
penalties.
QUEENSLAND (Qld)
TITLE OF ACT/REGULATION
Drugs Misuse Act (DMA) 1986
Date assented: 29 April 2013
PURPOSE
To amend the DMA extended definition of a dangerous drug contained in Section 4
‘Definitions’ and to create a new offence for trafficking in precursor chemicals used in the
production of dangerous drugs.
OBJECTIVES
Amend the definition of ‘dangerous drug’ to overcome the evidentiary difficulties in proving a
substance has a substantially similar chemical structure and a substantially similar
pharmacological effect to a scheduled dangerous drug (where the substance is new and has
not been subjected to study) to include:
(c) a thing that:

has a chemical structure that is substantially similar to the chemical structure of a thing
referred to in paragraph (a)1 or (b)2

has a pharmacological effect that is substantially similar to the pharmacological effect of
a thing referred to in paragraph (a) or (b)

is intended to have a pharmacological effect that is substantially similar to the
pharmacological effect of a thing referred to in paragraph (a) or (b).
Additionally, create a new offence of trafficking in precursors (substances used to manufacture
dangerous drugs).
1
A thing specified in the Drugs Misuse Regulation 1987, schedule 1 or 2 or, where the thing so specified is a
plant, any part of the thing.
2 A thing being a salt, derivative or stereo-isomer of a thing referred to in paragraph (a) or any salt of such a
derivative or stereo-isomer.
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QUEENSLAND (Qld) cont.
TITLE OF ACT/REGULATION
Drugs Misuse Regulations (DMR) 1987
Date assented: 5 April 2013
PURPOSE
Addition of 33 substances as dangerous drugs.
OBJECTIVES
Addition of one compound into Schedule 1 of the DMR:

paramethoxymethamphetamine (PMMA).
Addition of 33 compounds into Schedule 2 of the DMR:

n-(1-adamantyl)-1-pentyl-indazole-3-carboxamide (APINACA or AKB48)

alpha-pyrrolidinovalerophenone (alpha-PVP)

2-aminoindane

6-(2-aminopropyl)benzofuran (6-APB)

butyl-3-(2-methoxybenzoyl)indole (RCS-4(C4) 2-methoxy isomer)

[3-(3-carbamoylphenyl)phenyl] n-cyclohexylcarbamate (URB-597)

cyclohexyl [1,1'-biphenyl]-3-ylcarbamate (URB-602)

desoxypipradrol (2-DPMP)

1,3-dimethylamylamine (DMAA or methylhexanamine)

1-(5-fluoropentyl)-3-(1-adamantylamido)indole (STS-135)

(1-(5-fluoropentyl)-indol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)

methanone (XLR-11; 5-fluoro UR-144)

1-(5-fluoropentyl)-3-(4-methyl-1-naphthoyl)indole (5-fluoro JWH-122)

5-hydroxy tryptophan (5-HTP)

4-hydroxy-n-methyl-n-ethyltryptamine (4-HO-MET)

methiopropamine

methoxetamine

n-(2-methoxybenzyl)-2,5-dimethoxy-4-bromophenethylamine (25B-NBOMe)

n-(2-methoxybenzyl)-2,5-dimethoxy-4-chlorophenethylamine (25C-NBOMe)

n-(2-methoxybenzyl)-2,5-dimethoxy-4-iodophenethylamine (25I-NBOMe)

5-methoxy-n,n-diallyltryptamine (5-MeO-DALT)

5,6-methylenedioxy-2-aminoindane (MDAI)

3,4-methylenedioxypyrovalerone (MDPV)

4-methylethylcathinone (4-MEC)
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
1-[(n-methylpiperidin-2-yl)methyl]-3-(1-adamantoyl)indole (AM-1248)

1-[(n-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole (AM-2233)

1-[(n-methylpiperidin-2-yl)methyl]-3-(4-methyl-1-naphthoyl)indole (MAM-1220)

1-[(n-methylpiperidin-2-yl)methyl]-3-(1-naphthoyl)indole (AM-1220)

naphthylpyrovalerone (naphyrone)

pentyl-3-(1-adamantoyl)indole (AB-001)

pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144)

pentyl-3-(2-methoxybenzoyl)indole (RCS-4 (2-methoxy isomer))

phenazepam.
TASMANIA (Tas)
TITLE OF ACT/REGULATION
Misuse of Drugs Order 2012
Date assented: 1 October 2012
PURPOSE
The Order enabled the addition of synthetic cannabinoid drug classes and other new
substances to the Controlled Drug list of the Misuse of Drugs Act 2001.
OBJECTIVES
To increase the utility of the Act to deal with new psychoactive substances.
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WESTERN AUSTRALIA (WA)
TITLE OF ACT/REGULATION
Misuse of Drugs Amendment Act 2011
Date assented: 30 January 2013
PURPOSE
To amend the Misuse of Drugs Act 1981 to change the definition of drug paraphernalia and
to create a number of new offences concerning the sale and display for sale of drug
paraphernalia.
OBJECTIVES
Drug paraphernalia is now defined as:
a) anything made or modified to be used in connection with manufacturing or preparing a
prohibited drug or a prohibited plant:

for administration to a person

for smoking, inhaling or ingesting by a person

to be burned or heated so its smoke or fumes can be smoked or inhaled by a person.
b) anything made or modified to be used by a person:

to administer a prohibited drug or a prohibited plant to a person

to smoke, inhale or ingest a prohibited drug or prohibited plant

to smoke or inhale the smoke or fumes resulting from burning or heating a prohibited
drug or prohibited plant.
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STATE AND TERRITORY INITIATIVES
AUSTRALIAN CAPITAL TERRITORY (ACT)
INITIATIVE
Early Intervention and Diversion Program (Alcohol Diversion for Young People) and the Illicit
Drug Diversion Program
DURATION
2010–2012
MAIN OBJECTIVES AND/OR OUTCOMES
The Australian Capital Territory Policing Early Intervention and Diversion program is
designed to provide early incentives for drug offenders to deal with their drug problems. The
main people who can benefit from this program are young offenders who have no prior
involvement with the courts.
Young drug offenders who qualify for the program have the opportunity of being referred to a
variety of education and treatment options.
It is a partnership approach between health, police and non-government agencies adhering
to the principles of the National Drug Strategy 2010–2015.
NEW SOUTH WALES (NSW)
INITIATIVE
End User Declarations (EUD)
DURATION
2010–2013
MAIN OBJECTIVES AND/OR OUTCOMES
An electronic system should be developed in order to facilitate the input and retrieval of this
data. The New South Wales Police Drug Squad has made a submission to create such a
system and there is currently a study funded by the National Drug Law Enforcement
Research Fund (NDLERF) looking at the feasibility of such a system. Price Waterhouse
Coopers has finished their scoping study and presented their results.
NDLERF has accepted and endorsed the scoping study. The study has been adopted by the
Australia New Zealand Policing Advisory Agency Crime Forum and has now been endorsed
by the Strategic Issues Group (CrimTrac) and Senior Officers Group on Organised Crime.
The Investigations Coordinator Chemical Operations (New South Wales Police Force) will
chair the EUD Working Group and with the Attorney General’s Department will identify and
formalise other jurisdictional members of the working group.
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NEW SOUTH WALES (NSW) cont.
INITIATIVE
Pharmaceutical misuse
DURATION
2010–2013
MAIN OBJECTIVES AND/OR OUTCOMES
The New South Wales Police Force (NSWPF) are currently involved in a range of external
committees that are looking at pharmaceutical misuse including the Intergovernmental
Committee on Drugs (IGCD), New South Wales Expert Advisory Group on Drugs and the
New South Wales Illicit Drug and Alcohol Monitoring Group.
The IGCD commenced the National Pharmaceutical Drugs Misuse Strategy in 2010.The aim
of the strategy is to reduce the diversion and misuse of pharmaceuticals and associated
harms. The NSWPF have contributed to the consultation process for the Strategy through
participation in the New South Wales consultation forum and through the provision of
research into the illicit pharmaceuticals market conducted by the Drug and Alcohol
Coordination (DAC).
Some of the key issues for law enforcement agencies include accurate police data
collection, information sharing between state and federal police and health bodies, sharing
and development of best practice strategies in relation to prosecutions and health initiatives,
a review of relevant jurisdictional laws and regulations, clear delineation of regulator roles,
responsibility and liaison channels, a real-time national on-line prescription system and
education programs and resources for all stakeholders.
The NSWPF is committed to pursuing operational and policy responses to these issues
through an internal working party consisting of DAC, the Drug Squad and Local Area
Command members. This working party will facilitate change within the NSWPF and through
membership to external bodies including the IGCD.
NORTHERN TERRITORY (NT)
INITIATIVE
Northern Territory Early Intervention Pilot Program (NTEIPP)
DURATION
2010–2013
MAIN OBJECTIVES AND/OR OUTCOMES
The NTEIPP aims to facilitate partnerships with police, community service organisations and
agencies, with a view to better engage with youth. Facilitating an interventionist approach
enables youth to engage positively with community based police and other organisations
and be provided with opportunity for referral and brief interventions.
The improved relationships developed with youths through use of the NTEIPP have fostered
a connection to health and other social services. This positive interaction with young people
facilitates the intervention and referral process.
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NORTHERN TERRITORY (NT) cont.
INITIATIVE
Northern Territory Illicit Drug Pre Court Diversion Program (IDPCDP)
DURATION
Ongoing-current
MAIN OBJECTIVES AND/OR OUTCOMES
The Northern Territory IDPCDP model enables police to divert first time drug offenders (both
juvenile and adults) in possession of less than a trafficable quantity of an illicit drug. These
offenders may be given the opportunity to participate in assessment, education, counselling
and/or treatment to expiate the offence. Non-compliance in assessment or intervention
results in the offender being prosecuted through the court system.
This program utilises and enhances service provision, provided by both Government and
non-government organisations, to maximise the opportunity for users of illicit drugs and licit
drugs (used illicitly) to enter assessment, education, counselling and/or treatment. It
establishes a framework whereby users may, through the admission of guilt, be diverted by
police to assessment, education, counselling and/or treatment as an alternative to receiving
a criminal penalty.
QUEENSLAND (QLD)
INITIATIVE
Clandestine Laboratory Awareness Workshops – CLAWS project
DURATION
2012–2013
MAIN OBJECTIVES AND/OR OUTCOMES
The aim of this project was to educate real estate professionals state-wide, with a view of
increasing awareness to identify the presence of a clandestine laboratory and thereby
minimising the risk of harm to the community, whilst ensuring property security and integrity.
The project also aimed to educate the Department of Communities in relation to clandestine
laboratory investigation.
INITIATIVE
Operation Greensmoke (synthetic drug awareness)
DURATION
2013
MAIN OBJECTIVES AND/OR OUTCOMES
The aim of this project was to educate police, industries (such as the mining sector) and the
community throughout metropolitan and regional Queensland about the new and emerging
drugs such as synthetic cannabis and ‘bath salts’.
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QUEENSLAND (QLD) cont.
INITIATIVE
National Drug Commander’s Forum
DURATION
2013
MAIN OBJECTIVES AND/OR OUTCOMES
The Queensland State Drug Squad (SDS) hosted the 2013 National Drug Commander’s
Forum which was held on 13 November 2013 in Cairns. The theme of the forum was
‘Bridging the Borders’ and focused on developing strategies to enhance cross-jurisdictional
cooperation in drug related investigations involving police and other law enforcement
agencies throughout Australia.
Commanders of drug units are required to address a variety of shifting organisational and
governmental priorities with a limited amount of resources, whilst remaining cognisant of the
need to maintain the guidelines set by national and state drug policies. The National Drug
Commander’s Forum provided an opportunity to address the recurring issues of crossborder operations, use of proceeds of crime funds for operations, unexplained wealth and
other topics where jurisdictional differences impede the progress of operational outcomes.
Representatives from a national, state and territory police and other law enforcement and
partner agencies attended the forum which included the United States Federal Bureau of
Investigation, the United States Drug Enforcement Administration, the New Zealand Police,
Netherlands Police, the Australian Crime Commission, the Australian Customs & Border
Protection Service, the Crime and Misconduct Commission and the Australian Sport AntiDoping Agency.
The forum and seminar was made possible thanks to the ongoing support of the Queensland
Police Service State Crime Command, the Drug and Alcohol Coordination Unit and the
Australian Crime Commission.
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SOUTH AUSTRALIA (SA)
INITIATIVE
South Australian Alcohol and Other Drug Strategy 2011–2016 – Annual Report on Progress
DURATION
November 2011–2012
MAIN OBJECTIVES AND/OR OUTCOMES
The first progress report of the 2011–2016 Strategy was prepared by Drug and Alcohol
Services South Australia, with input from lead agencies, including South Australia Police,
through the South Australian Alcohol and Other Drug Strategy Steering Group.
The first year of the strategy delivered significant progress. Of 60 priority actions, 56 are on
track or complete, 4 require additional effort and there are none behind schedule or not
expected to be met.
INITIATIVE
Naloxone Distribution Pilot Program
DURATION
November 2012–May 2014
MAIN OBJECTIVES AND/OR OUTCOMES
An 18-month Naloxone Distribution Pilot Program implemented by Drug and Alcohol
Services South Australia is the first of its kind in South Australia. It is overseen by an
advisory group comprised of representatives from police, ambulance, clinical services, SA
Voice for Intravenous Education, SA Sex Industry Network and the Expanding Naloxone
Availability in ACT committee. The pilot program aims to:

increase availability of naloxone to people who inject opioids

increase the capacity of people who inject opioids and potential overdose witnesses to
effectively respond to an opioid overdose

reduce brain injury and fatalities caused by opioid overdoses.
By June 2013, overall parameters and methodology were being reassessed due to
difficulties achieving recruitment targets despite augmentation strategies.
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SOUTH AUSTRALIA (SA) cont.
INITIATIVE
South Australia Police Illicit Drug Strategy 2012–2016
DURATION
2012–16
MAIN OBJECTIVES AND/OR OUTCOMES
In September 2012, the South Australia Police Illicit Drug Strategy 2012–2016 was launched
as a succinct document that emphasises every action counts when addressing the
complexities of illicit drug use and related crime. It is overseen by a management group of
senior executives and the managers of relevant specialist units.
With emergent technological advances and exponential growth of online purchasing,
innovation is required to effectively address internet use for purchasing and distribution of
illicit drugs, their clandestine manufacture and the importation of analogue and synthetic
drugs.
Police officers have a vital role for increasing illicit drug detections and positively influencing
community attitudes towards illicit drugs by focusing activities on the four priority areas of the
Strategy:

enforcement

partnerships and community engagement

capacity building

intelligence analysis and research.
TASMANIA (Tas)
INITIATIVE
Illicit Drug Diversion Initiative (IDDI)
DURATION
2000–ongoing
In 2011, the IDDI became a program for adults only.
MAIN OBJECTIVES AND/OR OUTCOMES
The IDDI is an early intervention program for minor drug offenders, where cannabis and
other illicit drugs are involved, including the illicit use of pharmaceuticals. IDDI operates
under an agreement between the Department of Police and Emergency Management and
the Department of Health and Human Services (DHHS).
The IDDI seeks to divert minor drug offenders away from the criminal justice system. An
offender may be issued with a caution or a diversion notice. A diversion notice requires that
the individual make contact with the Alcohol Drug Service (ADS), DHHS. The ADS provides
assessment, counselling and treatment to assist minor drug offenders to address their drug
use issues.
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TASMANIA (Tas) cont.
INITIATIVE
Tasmanian Psychostimulants Action Plan 2007–2013
DURATION
2007–2013
MAIN OBJECTIVES AND/OR OUTCOMES
The Tasmanian Psychostimulants Action Plan 2007–2013 was developed by the Inter
Agency Working Group on Drugs (IAWGD) and was launched in 2007. The IAWGD is a
group that has representation from a range of government departments and non-government
organisations. The IAWGD is also responsible for implementation, monitoring and reporting
against the Plan.
The objectives of the Tasmanian Psychostimulants Action Plan 2007–2013 are to:

reduce the supply and availability of illicit drugs and precursors

work with the dance party industry to develop guidelines for safer environments

build resilience in young people

develop information resources for young people, the community, police and health
professionals

provide timely and appropriate intervention and linking of people to health services.
The Plan supports the objectives of the Tasmanian Drug Strategy 2005–2012.
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TASMANIA (Tas) cont.
INITIATIVE
Court Mandated Diversion (CMD)
DURATION
Ongoing-current
MAIN OBJECTIVES AND/OR OUTCOMES
CMD provides Magistrates with an option to divert eligible offenders into treatment for their
drug use through either the bail or sentencing process. CMD is administered by the
Department of Justice.
The primary goal of the CMD program is to break the drug-crime cycle by involving offenders
in treatment and rehabilitation programs. It increases offender access to drug, alcohol, and
other welfare services, in order to break their cycle of contact with the criminal justice
system.
Other principal goals of the CMD project are to:

provide offenders with an opportunity to acknowledge and address offending behaviour
caused by drug abuse, thereby improving physical and psychological well being

help eligible offenders to reduce and abstain from illicit drug use

reduce drug-related offending behaviour

improve offenders’ relationships with family and friends

improve offenders’ possibility of gaining or retaining employment

provide offenders with the tools to recognise and prevent relapse into substance abuse
and criminal behaviour

develop a shared approach to and a commitment to a ‘joint’ service delivery system
between Government and the non-government sector.
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VICTORIA (Vic)
INITIATIVE
Illicit Drug Diversion Initiative
DURATION
Ongoing-current
MAIN OBJECTIVES AND/OR OUTCOMES
The Drug Diversion and Cannabis Cautioning programs enable police to refer illicit drug
users to timely health interventions.
The Cannabis Cautioning program involves providing a cautioning notice for simple
use/possess cannabis offences to offenders who meet the police criteria. An optional
education session for offenders will be offered in conjunction with the caution.
The Drug Diversion program involves offering a diversion to a person detained for use or
possession of an illicit drug other than cannabis on the condition that they undertake a
clinical drug assessment and enter any prescribed drug treatment. The offender must meet
police criteria and agree to the diversion and will be provided with a drug assessment
appointment time.
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