In Australia, it is a criminal offence to possess items used for the consumption, preparation, or administration of illegal drugs. These items—commonly known as drug paraphernalia—may include bongs, pipes, syringes, scales, and other equipment.
While some may consider it a minor offence, being found with drug-use equipment can lead to fines, criminal charges, and a permanent record, particularly if the equipment contains drug residue or is found near prohibited substances.
This offence involves possessing any item or implement intended to be used with an illegal drug, including:
Pipes or bongs
Syringes or injecting equipment
Scales, grinders, or cutting agents
Kits or utensils for cooking or preparing drugs
Some states also criminalise displaying or selling drug-use equipment (e.g., in retail stores or online).
Police can lay charges if they:
Find drug-use equipment during a search or raid
Discover the item in your car, bag, home, or on your person
Detect drug residue or evidence of recent use (e.g. burnt pipe, used syringe)
Rely on admissions or witness statements
You do not need to be caught using drugs—mere possession of the equipment can be enough to result in a charge.
These matters are typically heard in the Local Court (or Magistrates’ Court). The process includes:
Police issue a charge notice or arrest
You attend court to plead guilty or not guilty
If found guilty or a plea is entered, sentencing follows
For first-time or low-level offenders, courts may issue fines, bonds, or refer to diversion programs instead of imposing a conviction.
Legal defences may include:
Lack of knowledge – You were unaware of the item’s presence or use
Item not intended for drug use – It had a lawful purpose
Illegal search – Police acted outside their lawful authority
No residue or link to illegal drugs – Absence of drug traces or context
Consulting a lawyer early can improve your chances of avoiding conviction or having charges withdrawn.
Drug offences in Australia are governed by both Commonwealth and state or territory laws. While federal law deals with serious crimes like drug importation and trafficking across borders, each state and territory has its own legislation covering offences such as possession, supply, and cultivation.
Legislation: Drug Misuse and Trafficking Act 1985 (NSW) – Section 11
Offence: Possession of equipment for administering a prohibited drug
Penalty:
Up to $2,200 fine and/or 2 years’ imprisonment
Diversion or cautioning possible for first-time offenders
Legislation: Drugs, Poisons and Controlled Substances Act 1981 (VIC) – Section 75
Offence: Possession of items for use in the administration of a drug of dependence
Penalty:
Fines up to $3,700 (20 penalty units)
Diversion possible for minor offences
Legislation: Drugs Misuse Act 1986 (QLD) – Section 10
Offence: Possession of a thing for use or intended use in connection with a dangerous drug
Penalty:
Up to 15 years’ imprisonment if linked to supply or trafficking
Up to 2 years for simple possession of paraphernalia
Legislation: Misuse of Drugs Act 1981 (WA) – Section 7B
Offence: Possession of a smoking implement or any thing for use in connection with a prohibited drug
Penalty:
Fines up to $2,000 and/or 2 years in prison
First-time offenders may receive a Cannabis Intervention Requirement
Legislation: Controlled Substances Act 1984 (SA) – Section 33L
Offence: Possession of drug-use equipment
Penalty:
Fines and/or up to 2 years’ imprisonment
Expiation notice available in some cases
Legislation: Drugs of Dependence Act 1989 (ACT) – Section 169
Offence: Possession of drug-use paraphernalia
Penalty:
Fine up to $8,000 and/or 2 years’ imprisonment
Civil penalties for cannabis-related items in some cases
This page offers general information only and is not a substitute for legal advice. Criminal laws and penalties vary by state. If you’re charged or under investigation, seek help from a criminal lawyer or legal aid service in your jurisdiction.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
