Confused about Northern Territory hydro laws

[Wylee_coyote]

Hi I'm a new member this is my first post

Great site guys

So my confusion is weather there is any distinction between hydro and natural cultivation in the NT. The NCPIC and others ( including posts here ) state that up to 2 non-hydroponic plants is a minor offense and $200. I have just read all of the NT Misuse of Drugs Act and regulations and there isn't even a mention of hydro, artificial cultivation etc. let alone define what is and what isn't.

Am I missing something ? Is this covered by some other legislation besides this act ?

I just want to grow some personal indoors so I don't want to get wacked as a dealer or anything like that.

 

PS

I read the SA Controlled Substances Act and that explicitly mentions "artificially enhanced cultivation "

Edited May 6, 2011 by Wylee_coyote

[Chronmasta]

thats a bloody good question mate, i just went through the NT misuse of drugs act too.

 

my guess is that because the NT legislation has the same title as WA, TAS & QLD, without a "date", the argument could be the same as section 109 of the COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT, which says "When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid."

 

so it might be able to be argued that because the latest "misuse of drugs act" that adopts hydroponic cultivation, was set and amended in WA, then the undated NT act should follow?

maybe ... its a stretch

 

i hope ya find what ya lookn for mate

 

 

good luck

[Wylee_coyote]

my guess is that because the NT legislation has the same title as WA, TAS & QLD, without a "date", the argument could be the same as section 109 of the COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT, which says "When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid."

 

The copy I have says "As in force at 13 October 2010". As for inconsistent state law, NT is a territory so the federal government can override any "state" law they feel like. This is a very sore point with allot of people here.

[Chronmasta]

the federal government can override any "state" law they feel like. This is a very sore point with allot of people here.

 

only if the state offense has a federal aspect....which applies to the NT

 

 

 

 

[Wylee_coyote]

only if the state offense has a federal aspect....which applies to the NT

 

 

 

 

In this case yes state and territory are the same but the they can also override non criminal legislation as well that they cant in any of the states. We will probably be a state in a couple of years anyway

But good point H'mmm

So as long as I don't do anything across the border like mail a spliff to a mate down south just to piss em off or get them to hurry up and come up for a holiday I'm sweet

[Wylee_coyote]

I just read through a heap of NT case law and court decision and everything I seen that even mentioned hydro, lighting etc was all to do with traffic or commercial numbers of plants. Also I just did a quick look through the Federal legislation and they don't seem to make the distinction between artificial and natural cultivation.

If I'm wrong here please let me know the input is much appreciated

[Chronmasta]

In this case yes state and territory are the same but the they can also override non criminal legislation as well that they cant in any of the states. We will probably be a state in a couple of years anyway

But good point H'mmm

So as long as I don't do anything across the border like mail a spliff to a mate down south just to piss em off or get them to hurry up and come up for a holiday I'm sweet

yes, and so long as your seeds arent imported and you dont get investigated by the AFP

 

[Chronmasta]

The copy I have says "As in force at 13 October 2010". As for inconsistent state law, NT is a territory so the federal government can override any "state" law they feel like. This is a very sore point with allot of people here.

yes it says its in force as of 13th October 2010, but there is no date of commencement on the title. .....like 1986, 1981 or 2001, which are on the QLD,WA & TAS legislation's......if ya catch mi drift

 

just trying to look at it from every angle

 

 

 

[Wylee_coyote]

yes it says its in force as of 13th October 2010, but there is no date of commencement on the title. .....like 1986, 1981 or 2001, which are on the QLD,WA & TAS legislation's......if ya catch mi drift

 

just trying to look at it from every angle

 

 

 

 

Dont know about other states but in the NT an act generally commences when it's announced in the government gazette. There is a reference right down the bottom in the "List of Legislation". I checked the gazette and its there commencement was July 2008. Generally if you get it off the NT gov site and it says "As in force" at it means its commenced.

[Wylee_coyote]

So to recap what I think I know so far

Hydro/Artificial cultivation is not mentioned in any current Northern Territory acts or regulations. Where mentioned in any case law or decisions it involved cases of trafficable or commercial numbers of plants anyway and the method of cultivation was mentioned only in outlaying the facts it had no real bearing on the cases that I read.

 

The federal legislation is even more lenient with a trafficable threshold of 10 plants or 250g thats 5 time the NT laws !! Also there appears to be nothing in the federal regulations that makes a distinction between hydro and natch. They feds don't seem to give a rats bum about the guy who grows a few in the garage and sells a bit for beer money, there more interested in border security and full commercial operations which is their job really. But lets face it if you have 10 plants pumping along hydro is really irrelevant, your not doing it for personal are you ?

 

So if I have one nice sized and well tended plant the cops probably wouldn't be arsed with the paper work. I know the police aren't real popular here but I gotta say so far the NT police are the best of a bad bunch for me, alot of them are old fashioned coppers and even have a sense of humour and arent interested in giving you a hard time if your not causing trouble. oops bit off topic there

 

I think if I am right and you can get away with 2 plants in hydro for a $200 fine I might have delete this thread. There's too many bloody Victorians moving up here already