Originally Posted by
Max
*8-29 Definitions
Supply
Under s 4, ‘supply’ means:
‘(i) give, distribute, sell, administer, transport or supply; or
(ii) offering to do any act specified in subparagraph (i); or
(iii) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in
subparagraph (1)’.
This definition is wide-ranging and examined further in 8-30 below.
8-30 Supply
While s 4 of the Act does define the word ‘supply’ (see definition above), that definition contains the word ‘supply’,
which is not itself further defined. In Commonwealth v Sterling Nicholas Duty Free (1972) 126 CLR 297, 309, it was
stated that ‘the supply of goods does not necessitate a change in ownership of the goods supplied. In many cases
the word “supply” is equivalent to “provide”. A supplier...may be one who delivers’.
The word ‘supply’ was defined in Andaloro v Wyong Cooperative Dairy Society Limited (1965) 66 SR (NSW) 466, 479
as ‘the furnishing or providing of [a] commodity by one person who has it to or for another person who requires it’.
Therefore, a medical practitioner who systematically wrote prescriptions for drugs of addiction knowing that people
would present them to chemists to procure those drugs was held to have ‘supplied’ within the definition in the
Poisons and Therapeutic Goods Act 1966 (NSW) (R v Coles [1984] 1 NSWLR 726).
A person who offers to supply drugs with no intention of fulfilling the offer still ‘supplies’ within the definition in s 4,
though it would not constitute an offence if it could be shown that the offer was not a ‘genuine offer’ (R v Roberts
(Unreported, Queensland Court of Criminal Appeal, CA 353 of 1987, Kelly SPJ, Macrossan and Derrington JJ, 23
February 1988)).
(*Legal Aid Queensland – Criminal Law Duty Lawyer Handbook Chapter 8—Drug offences | 86*)[/I]