DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 71AA Trafficking in a drug or drugs of dependence—commercial quantity

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 71AA

S. 71AA(1) amended by Nos 61/2017 s. 129, 34/2019 s.  22(1).

    (1)     Subject to subsection (2), a person who, without being authorized by or licensed under this Act or the regulations or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).

S. 71AA(2) inserted by No. 3/2019 s. 10(2), amended by Nos 3/2019 s. 18, 34/2019 s. 22(2).

    (2)     A person who, without being authorized by or licensed under this Act or the regulations or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence for the benefit of or at the direction of a criminal organisation is guilty of an indictable offence and liable—

        (a)     to level 1 imprisonment (life); and

        (b)     in addition to imprisonment, to a penalty of not more than 5000 penalty units.

Note to s. 71AA inserted by No. 65/2016 s. 21(2), substituted as Notes by No. 3/2019 s. 10(3).

Notes

1         An offence against subsection (1) is a category 2 offence under the Sentencing Act 1991 . See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.

2     An offence against subsection (2) is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

3         An offence against subsection (2) is a serious drug offence for the purposes of the Confiscation Act 1997 . On the conviction of a person for a serious drug offence, the court must make an order under section 89DI of the Sentencing Act 1991 declaring the person to be a serious drug offender.

S. 71AB inserted by No. 61/2001 s. 5, amended by No. 2/2016 s. 5(1)(2) (ILA s. 39B(1)).