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FACT SHEET
Misuse of Drugs Amendment (Drug Analysis) Bill 2018
The Misuse of Drugs Amendment (Drug Analysis) Bill 2018 amends the Misuse of Drugs Act
2001 by inserting a new Part 4A to establish a legal framework for lawful drug analysis (pill
testing).
The Bill establishes a Drug Analysis Advisory Committee to advise on matters related to drug
analysis, as well as the operation of the new part and regulations under the part.
The new part establishes a system for the issuing of permits and licences for conducting
drug analysis.
The Bill sets out the circumstances in which a person is not liable for offences under the
Principal Act. Under the proposed amendments, a person has not committed an offence
under the Principal Act if their conduct was necessary or reasonable for the purposes of
procuring or delivering a permitted or licensed drug analysis service.
Provisions also ensure that if a person could have reasonably believed that an unauthorised
service was authorised they are still protected.
In the case of a person procuring services, a person is still liable for offences if they possess
a trafficable quantity of a controlled substance.
The Bill also provides for penalties for breaching a permit or licence condition, the
revocation of a permit or licence, and disqualification from delivering drug analysis services.
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