>[!INFO] >[Section 75 Drugs, Poisons and Controlled Substances Act](http://austlii.edu.au/au/legis/vic/consol_act/dpacsa1981422/s75.html "Section 75 Drugs, Poisons and Controlled Substances Act") - A **person**, without being authorized or licensed under this Act; **uses** or **attempts** to use a **Drug of Dependence**. # Example Dave is seen sniffing a line of cocaine, but no cocaine is found in Dave's [[possession]] when he is later searched by Police. # Power of Arrest [Section 458 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s458.html "Section 458 of the Crimes Act.") # Jurisdiction Summary Offence #summary-offence heard at the Magistrates' Court. # Points of Proof 1. Identity 2. Use Drug of Dependence or Attempt To Do So