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In Australia, eight of the nine legal jurisdictions have enacted 'deemed supply' provisions for illicit drug trafficking offences that presume 'intent to supply' based on the quantity of a drug an alleged offender is found with and attach criminal liability for the offence of supply. Such laws have been enacted for more than 35 years. In this article we critically examine: the rationale for the widespread adoption of Australian deemed supply laws; and the justifiability and necessity of such laws in current legal practice. A legal and historical analysis was undertaken. Data were sourced from legislation, Parliamentary records (Hansard), case law, published research on international drug law, research on drug user behaviour and our own experience in the prosecution of drug offenders. Analysis shows that Australian deemed supply laws were introduced to overcome perceived difficulties in the prosecution and sanction of drug traffickers. Yet such laws conflict with the dominant international practice that sanctions trafficking without the use of deemed supply provisions. They contribute towards harms to users and miscarriages of justice and increase pressure to use police and prosecutorial discretion in ways that may ultimately adversely affect community confidence in the administration of the criminal law. We conclude that the laws should be subject to legislative review and/or, preferably, abolition from Australian drug trafficking law. [ABSTRACT FROM AUTHOR]

The article offers information about the court case Attorney-General (NT) v Emmerson that was executed in the High Court of Australia. Topics discussed include nature and extent of the judicial powers, laws made for the regulation of drug trafficking and against the traffickers and constitutional laws made for the acquisition of property. It also discusses the laws made for preventing the people undergoing unjust enrichment of laws.

The article discusses the Australian High Court's ruling in the 2011 case Momcilovic v. The Queen which deals with Victoria's Charter of Human Rights and Responsibilities Act 2006, drug trafficking laws, and the Australian Constitution. Victoria's Drugs, Poisons and Controlled Substances Act 1981 and allegedly onerous burdens of proof are mentioned, along with international law and human rights in Victoria. Statutory interpretations and New Zealand's Bill of Rights Act 1990 are examined.