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Sydney NSW 2000
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Canberra ACT 2601
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Sydney: (02) 9261 4555
Section 15 of the Drug Misuse and Trafficking Act makes it illegal to:
It is also an offence under section 16 of the Drug Misuse and Trafficking Act to:
The maximum penalty for these offences is 2 years imprisonment and/or a fine of 20 penalty units. Possible penalties include:
Sentencing statistics show that the most common penalty is a section 9 good behaviour bond (which can contain conditions such as reporting and drug testing). Prison sentences are handed down in approximately 13% of cases in the Local Court.
A document which is made to look like a legitimate prescription or a prescription completed by someone other than the medical practitioner, nurse, midwife or vet authorised to give the prescriptions.
Examples of forged prescriptions include:
Any prescription which is changed by someone other than the medical practitioner, nurse, midwife or vet that issued the prescription.
A prescription which is only obtained because of false, incorrect or misleading information.
To convict you of forging a drug prescriptions (s 15) the prosecution must prove, beyond reasonable doubt, that you forged or altered a drug prescription.
To convict you of using a forged or fraudulent prescription (s 15), the prosecution must prove, beyond reasonable doubt, that:
To convict you of making false representations to obtain a prescription (s 16) the prosecution must prove, beyond reasonable doubt, that you:
To convict you of being in possession of a forged prescription (s 16) the prosecution must prove, beyond reasonable doubt, that you:
It is also an offence to:
The maximum penalty for these offences is 2 years imprisonment and/or a fine of 20 penalty units.
The form seems straight forward and can seem to be an attractive alternative to attending court in person. However using them can be a very bad idea.
It is important to be wary of Police that convey to you that they you can simply complete the written notice instead of attending court. While technically true, it is not advisable. Not only does it reflect poorly on you but you can be convicted and sentenced in your absence with little chance to advocate your case. Read More >
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.