CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 - SECT 15 Penalties for offences against sections 10 to 13
CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 - SECT 15
Penalties for offences against sections 10 to 13(1) A person convicted of an offence against section 10, 11, 12 or 13 is punishable in accordance with this section.
[Penalty where offence involves cultivation of opium poppy etc.]
(2) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(a), the penalty is imprisonment for a period not exceeding such period as is applicable in accordance with the following table:
TABLE
| Maximum Period of Imprisonment | |||
Kind of cultivation | If more than 1000 plants cultivated | If not more than 1000 but more than 20 plants cultivated | If not more than 20 but more than 5 plants cultivated | If not more than 5 plants cultivated |
Cultivation of opium poppy and coca bush | Life | 25 years | 10 years | 5 years |
Cultivation of cannabis plant | Life | 10 years | 5 years | 2 years |
[Penalty where offence involves separation of opium etc. from plant]
(3) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(b), the penalty is imprisonment for a period not exceeding 10 years.
[Penalty where offence involves manufacture etc., or possession for manufacture etc., of narcotic drug etc.]
(4) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(c) or (d), the penalty for the offence is imprisonment for a period not exceeding:
(a) if the dealing is in respect of a narcotic drug or a psychotropic substance referred to in Part 1 of Schedule 3--10 years; or
(b) if the dealing is in respect of a psychotropic substance referred to in Part 2 of Schedule 3--5 years.
[Penalty where offence involves sale, supply, or possession for sale or supply, of narcotic drug etc.]
(5) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(e), the penalty is imprisonment for a period not exceeding:
(a) if the dealing is in respect of a narcotic drug or a psychotropic substance referred to in Part 1 of Schedule 3--such period as is applicable in accordance with the table set out at the end of this subsection; or
(b) if the dealing is in respect of a psychotropic substance referred to in Part 2 of Schedule 3--2 years.
TABLE
| Maximum Period of Imprisonment | |
Quantity of drug or substance | Where cannabis sold or supplied | In any other case |
If a commercial quantity of the drug or substance was sold, supplied or possessed | Life | Life |
If a traffickable quantity of the drug or substance was sold, supplied or possessed | 10 years | 25 years |
If less than a traffickable quantity of the drug or substance was sold, supplied or possessed | 2 years | 5 years |
[Penalty where offence involves importation, exportation, or possession for importation or exportation, of narcotic drug etc.]
(6) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(f):
(a) if the court is satisfied that:
(i) the narcotic drug or psychotropic substance that is the subject matter of the dealing was imported into Australia, or exported from Australia, with the intention of sale or supply; or
(ii) the person possessed the narcotic drug or psychotropic substance with the intention of importation into Australia , or exportation from Australia , with the intention of sale or supply;
the person is punishable as if the person had sold or supplied the drug or substance or possessed it with the intention of sale or supply (as the case may be); or
(b) if paragraph ( a) does not apply--the penalty is imprisonment for a period not exceeding:
(i) if the dealing is in respect of a narcotic drug or a psychotropic substance referred to in Part 1 of Schedule 3--2 years; or
(ii) if the dealing is in respect of a psychotropic substance referred to in Part 2 of Schedule 3--12 months.
[Penalty where offence involves possession of specified substance etc.]
(7) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(g), the person is punishable as if the person had been convicted of an offence against section 9.
(8) Where the person committed the offence by:
(a) conspiring, or attempting, to engage in; or
(b) aiding, abetting, counselling or procuring, or being by act or omission in any way directly or indirectly knowingly concerned in, or a party to; or
(c) inciting to, urging or encouraging;
any conduct that is, under subsection 6(1), a dealing in drugs, the
person is punishable as if the person had actually engaged in that conduct.