Drug Offences – VIC

Welcome to the VIC Obtaining drugs of dependence by false representation article page. Everything you need to know about Obtaining drugs of dependence by false representation according to VIC law.

What the Law States according to VIC Law for Obtaining drugs of dependence by false representation

According to VIC Law for the charge of Obtaining drugs of dependence by false representation,

Drugs, Poisons and Controlled Substances Act 1981 – SECT 78
Obtaining drugs of dependence etc. by false representation

78. Obtaining drugs of dependence etc. by false representation

A person shall not knowingly by false representation, whether oral or in writing or by conduct-

(a) obtain or attempt to obtain a drug of dependence from a person authorized by or licensed under this Act or the regulations to possess, manufacture, sell or supply the drug of dependence;

(b) obtain or attempt to obtain a prescription or order for a drug of dependence from a registered medical practitioner, dentist, pharmacist or veterinary practitioner or a person authorized by this Act or the regulations to issue or possess the prescription or order;

(c) cause or induce or attempt to cause or induce a registered medical practitioner to administer by injection or otherwise, a drug of dependence to him; or

(d) cause or induce or attempt to cause or induce a pharmacist or a person authorized by this Act or the regulations to supply a drug of dependence, to dispense a prescription or order for a drug of
dependence, if the first-mentioned person knew the prescription or the order to have been obtained in contravention of this Act or the regulations.

The Maximum Penalty – Obtaining drugs of dependence by false representation

According to VIC Law for the charge of Obtaining drugs of dependence by false representation, 1 year or 20 penalty units.

What the Police must prove according to VIC Law for Obtaining drugs of dependence by false representation

(a) The accused obtained or attempted to obtain a drug of dependence.

(b) The drug of dependence was obtained from a person authorised to possess, administer, sell, prescribe, manufacture or supply the drug.

(c) The accused knowingly made a false representation in order to obtain the drug.

Possible Defences under VIC Law – Obtaining drugs of dependence by false representation

(a) Duress
(b) Factual dispute
(c) Honest and reasonable mistake of belief
(d) Identification dispute
(e) Lack of intent
(f) Mental impairment
(g) Not a drug of dependence

In VIC which court will hear the matter – Obtaining drugs of dependence by false representation

Magistrates’ Court

 

Date: 09/01/2009