Possession of Tablet Press
– section 71C of the Drugs, Poisons and Controlled Substances Act 1981
‘Possession of Tablet Press’ is an offence contrary to s 71C of the Drugs, Poisons and Controlled Substances Act 1981 (the Act).
This is an indictable offence which would ordinarily be heard in the County Court.
Examples of possession of a tablet press:
- You watch an episode of Underbelly and you are inspired to buy a pill press and store it in the family garage
What is the legal definition of Possession of Tablet Press?A person who, without being authorized by or licensed under this Act or the regulations (if any) to do so or otherwise without a lawful excuse, possesses a tablet press is guilty of an indictable offence.
“Can they prove you were the person who possessed the tablet press?”
LegislationThe law for Possession of Tablet Press can be found on section 71C of the Drugs, Poisons and Controlled Substances Act 1981.
Elements of the offenceFor an accused to be found guilty of this charge, the following elements must be proven in court beyond reasonable doubt:
- The accused possessed a tablet press
- The accused had no lawful excuse for possession of the tablet press
Defences to this charge can be:
- Someone other than the accused was in possession of the tablet press.
- Factual disputes about where and when the tablet press was seized.
- Disputes as to intention to possess.
Questions in cases like this
- Where did the police find the tablet press? How are they going to prove that you were in ‘possession’ of it?
- Is the machine a tablet press?
The maximum penalty for this offence is 600 penalty units or level 6 imprisonment (5 years maximum).