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Dangerous Drugs Act (Amendment) Decree 1990

GOVERNMENT OF THE REPUBLIC OF FIJI
DECREE NO. 4
DANGEROUS DRUGS ACT (AMENDMENT) DECREE, 1990

In exercise of the powers vested in me as President and Commander-in-Chief of the Republic of Fiji and acting in accordance with the advice of the Prime Minister and the Cabinet, I hereby make the following Decree:

1. Short title, etc.

(1) This Decree may be cited as the Dangerous Drugs Act (Amendment) Decree, 1990.

(2) In this Decree, the Dangerous Drugs Act (Chapter 114) is referred to as "the principal Act".

2. Section 2 amended

Section 2 of the principal Act is amended by:

(a) Deleting the full stop at the end of the definition of "store" and substituting a semi-colon;

(b) Inserting after the definition of "store" the following:

"'traffic' means:

(a) to sell, give, administer, transport, send, deliver or distribute; or

(b) to offer to do anything mentioned in paragraph (a),

otherwise than under the authority of this Act or the regulations made thereunder; and 'trafficking' has a corresponding meaning."

3. Section 8 amended

Section 8 of the principal Act is repealed and the following substituted:

"8. Every person:

(a) growing opium poppy, Indian hemp or coca leaf, whether for private use or otherwise; or

(b) found in possession of or sells or otherwise traffics or engages in the trafficking of any substance to which this part applies,

shall be guilty of an offence and upon conviction shall be sentenced to imprisonment in accordance with the Third Schedule of this Act:

Provided that a sentence imposed under this section shall be custodial."

4. Section 12(1) amended

Section 12(1) of the principal Act is repealed and the following substituted:

"12. (1) If any person:

(a) manufactures, sells or otherwise traffics or engages in the trafficking of prepared opium, or

(b) has in his possession any prepared opium; or

(c) being the occupier of any premises, permits those premises to be used for the preparation of opium for consumption or for the sale, trafficking or smoking of prepared opium; or

(d) is concerned in the management of any premises used for any such purposes as aforesaid; or

(e) has in his possession any pipes or other utensils used in connection with the smoking of opium or any utensils used in connection with the preparation of opium for smoking; or

(f) smokes or otherwise uses prepared opium or frequents any place used for the purpose of opium smoking;

he shall be guilty of an offence and upon conviction shall be sentenced to imprisonment in accordance with the Third Schedule of this Act:

Provided that a sentence imposed under this Section shall be custodial."

5. New Schedule

The principal Act is amended by the addition of a 'Third Schedule' contained in the Schedule to this Decree, after the 'Second Schedule'.

6. Commencement

This Decree shall come into force on the first day of March 1990.

Dated this 15th day of February 1990.

PENAIA K. GANILAU
President and Commander-in-Chief

SCHEDULE

"THIRD SCHEDULE - OFFENCES PUNISHABLE ON CONVICTION

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