DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 31 Indictable offences--summary disposal of unless prosecution or accused elects otherwise

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 31

31 Indictable offences--summary disposal of unless prosecution or accused elects otherwise

(1) This section applies to the following offences--

(a) an offence under section 23 (1) or 23A (1),

(b) an offence under section 24 (1) or (1A),

(c) an offence under section 25 (1), (1A) or (2C),

(c1) an offence under section 26 of conspiring to commit an offence referred to in paragraph (a), (b) or (c),

(d) an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a), (b) or (c), and

(e) an offence under section 28 of conspiring to commit, or of aiding, abetting, counselling, procuring, soliciting or inciting the commission of, an offence under a law in force outside New South Wales which corresponds to section 23 (1), 23A (1), 24 (1) or (1A) or 25 (1), (1A) or (2C),

where the court is satisfied on the balance of probabilities that the number or amount of the prohibited plant or prohibited drug concerned in the commission of the offence is not more than the indictable quantity applicable to the prohibited plant or prohibited drug.

(1A) This section also applies to an offence under section 24A or 24B.

(2) Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence to which this section applies.

(3) If such an offence is dealt with summarily, the maximum penalty for the offence is a fine of 100 penalty units or imprisonment for 2 years, or both.