>[!info] >[Section 73 of the Drugs, Poisons and Controlled Substances Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/dpacsa1981422/s73.html "Section 73 of the Drugs, Poisons and Controlled Substances Act") - A **person** who, without being authorised or licensed under this Act; **has** or **attempts** to have in his **[[possession]]** a **Drug of Dependence**. >[!success] >The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#19351.htm "Charge Book - Possess DoD") relating to this matter. # Example Jim is located in an area of high drug activity and is searched under Section 82 of the Drugs, Poisons and Controlled Substances Act after being reported by a member of the public for taking drugs. Police locate a small zip lock bag of amphetamine in his pocket. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence #iots heard at the Magistrates' Court. # Defences A person may be authorised or licensed under the Drugs, Poisons and Controlled Substances Act or the Access to Medical Cannabis Act 2016. # Points of Proof 1. Identity 2. Is the substance a Drug of Dependence? 3. Is the person in [[possession]] of the [[Drug of Dependence]]? # Charge The accused at **PLACE** on **DATE** **POSSESSED/ATTEMPTED TO POSSESS** a drug of dependence namely **DRUG**. |**Section**|**Text**| |---|---| |LEAP Code List:|613A to 619Z (See Infopath)| |LEAP Code:|See Above| |Offence Literal:|Possess Drug of Dependence. -**Drug** **Type**| |Offence Type:|Indictable Offence| |Jurisdiction:|State| |Law Type:|Act| |Act / Reg. No:|Drugs Poisons and Controlled Substances Act No.9719/1981| |Section/Clause:|73|