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Misuse of Drugs Amendment Act 2019

NIUE

MISUSE OF DRUGS AMENDMENT ACT 2019

No. 347

Contents

1 Title
2 Commencement
3 Principal Act amended

Part 1
Preliminary matters

4 Interpretation
5 Act binds the Government

Part 2
Amendments

6 Equipment, material, and substances used in the production or cultivation
7 Knowingly importing or exporting precursor substances

An Act to amend typographical errors in the Misuse of Drugs Act 2007; and

The Assembly enacts as follows -

1. Title

This Act is the Misuse of Drugs Amendment Act 2019.

2. Commencement

This Act comes into force on the day after the date on which this Act becomes law in accordance with Article 34 of the Constitution.

3. Principal Act amended

This Act amends the Misuse of Drugs Act 2007.

Part 1

Preliminary matters

4. Interpretation

In this Act, unless the context otherwise requires, -

Principal Act means the Misuse of Drugs Act 2007

5. Act binds the Government

This Act binds the Government.

Part 2

Amendments

6. Equipment, material, and substances used in the production or cultivation

Section 8 is repealed and the following section is substituted -

8 Equipment, material, and substances used in the production or cultivation
"(1) Every person commits an offence against this Act who supplies, produces, or manufactures -

• "(a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 4(1) (b) knowing that the equipment, material, is to be used in, or for, the commission of an offence under that provision; or
  • "(b) any precursor substance, knowing that substances to be used in, or for, the commission of an offence against section 4(1) (b)

"(2) Every person commits an offence against this Act who has in his or her possession -

• "(a) Any equipment or material that is capable of being used in or for the commission of an offence against section 4(1)(b), knowing that the material or equipment is to be used in or for the commission of an offence under that provision; or
• "(b) Any precursor substance, knowing that the substance is to be used in the commission of an offence against 4(1)(b)

7. Knowingly importing or exporting precursor substances

Section 9 is repealed and the following section is substituted -

9 Knowingly importing or exporting precursor substances
"(1) Every person commits an offence who -

• "(a) Imports into Niue any precursor substance knowing that it will be used to commit an offence under section 4(1)(b); or
• "(b) Exports from Niue any precursor substance knowing that it will be used to commit an offence under the law of the country to which the precursor substance is being exported that corresponds to an offence under section 4(1)(b)
  

I, Togiavalu Pihigia, Speaker of the Niue Assembly, certify that the requirements of Article 34 of the Niue Constitution have been complied with.

SIGNED AND SEALED at the Assembly Chambers this 25th day of June 2019.

Speaker of the Niue Assembly

COUNTERSIGNED in the presence of the Speaker

Clerk of the Niue Assembly

This Act is administered by the Niue Police Department.

This Act was passed by the Niue Assembly on the 8th day of May 2019.