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s56 Manufacture of Heroin etc.

Have you been charged with Manufacture of Heroin per subsection 14?

There are some questions you should ask if you have been charged with Manufacture of Heroin etc.

Can the prosecution make out their case? Did you sell or supply heroin to a person other than a person permitted to purchase heroin? Did you manufacture or formulate heroin without an appropriate licence? Did you supply or administer heroin without a permit?

This is a serious charge, and criminal law can be confusing. You should consult an experienced drug offence lawyer as soon as possible to discuss any options you may have in relation to your charge.

Please read below for more information in relation to this charge.

The offence

Section 56 of the Drugs, Poisons and Controlled Substances Act 1981

The prosecution must prove:

  1. The defendant, if in possession of a valid licence, sold, supplied or administered heroin to a person not authorised to have possession of heroin, or dealt with heroin in a manner not in accordance with the licence;

  1. The defendant manufactured or formulated heroin in a manner not in accordance with the licence.

Note: It is up to the defendant to show that he or she possessed a valid licence in accordance with the Drugs, Poisons and Controlled Substances Act 1981

The maximum penalty

A term of 5 years imprisonment, or not more than 250 penalty units being a fine set by the court, or imprisonment and a fine.

Where will my case be heard?

Manufacture of Heroin etc. cases can be heard in the Magistrates’ Court, but will usually be heard in the County Court.

What to do next?

In matters concerning the manufacture, sale or formulation of drugs of dependence, such as heroin, cannabis, ecstasy, amphetamine, cocaine, steroids, LSD, methamphetamines, ICE, ketamine etc. it is up to the accused to show they had the authority to do so. Contact an experienced criminal lawyer at Dribbin & Brown immediately to discuss your criminal liability and any options you may have in relation to your charge.

The legislation

S56 Manufacture of Heroin etc

  1. On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to manufacture and sell or supply heroin by wholesale.

  1. On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to formulate heroin.

  1. A person who—

(a) being the holder of an appropriate licence under subsection (1) or subsection (3)—sells or supplies heroin to a person other than a person permitted under this section to purchase or obtain heroin or otherwise than in accordance with any permit granted under this section;

(b) being the holder of an appropriate licence under subsection (1) or subsection (3)—manufactures or formulates heroin otherwise than in accordance with the licence; or

(c) being the holder of a permit under this section—uses, supplies or administers heroin otherwise than in accordance with the permit—

shall be guilty of an indictable offence and liable to imprisonment for a term of not more than five years or to a penalty of not more than 250 penalty units or to both such penalty and imprisonment.

Drug Charges

Drugs, Poisons and Controlled Substances Act 1981

Ice Offence – Drug Charges – Ice Epidemic Victoria

s36B Unauthorised Possession etc. of Poison or Controlled Substance etc.

s56 Manufacture of Heroin etc.

s71 Trafficking in a Drug or Drugs of Dependence – Large Commercial Quantity

s71A Possession of Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence

s71AA Trafficking in a Drug or Drugs of Dependence – Commercial Quantity

s71AB Trafficking in a Drug of Dependence to a Child

s71AC Trafficking in a Drug of Dependence

s71B Supply of Drug of Dependence to a Child

s71C Possession of Tablet Press

s71D Possession of Precursor Chemicals

s72 Cultivation of Narcotic Plants – Large Commercial Quantity

s72A Cultivation of Narcotic Plants – Commercial Quantity

s72B Cultivation of Narcotic Plants

s73 Possession of a Drug of Dependence

s74 Introduction of a Drug of Dependence into the Body of Another Person

s75 Use of Drug of Dependence

s78 Obtaining Drugs of Dependence etc. by False Representation

Case Studies

CCO Result for Drug Trafficking Victoria

Conduct Endangering Life

Cultivate Cannabis Charges

Diversion Application

Drink & Drug Driving Charges

Drug Court Dandenong Charges

Drug Trafficking Charges Dandenong

Drug Trafficking Charges Geelong

Drug Trafficking for Profit Appeal

Drugs – Marketable Quantity of Heroin

Geelong Drug Trafficking Case Study

Trafficking Cannabis

Trafficking Drug of Dependence Ecstasy

Trafficking Methamphetamine

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

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