Northern Territory Consolidated Acts

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MISUSE OF DRUGS ACT - SECT 36A

Declared drug trafficker

    (1)     The Director of Public Prosecutions may apply to the Supreme Court for a declaration that a person is a drug trafficker.

    (2)     An application under subsection (1) may be made at the time of a hearing for an offence or at any other time.

    (3)     On hearing an application by the Director of Public Prosecutions under subsection (1), the court must declare a person to be a drug trafficker if:

        (a)     the person has been found guilty by the court of an offence referred to in subsection (6) that was committed after the commencement of this section; and

        (b)     subject to subsection (5), in the 10 years prior to the day on which the offence was committed (or the first day on which the offence was committed, as the case requires), the person has been found guilty:

            (i)     on 2 or more occasions of an offence corresponding to an offence referred to in subsection (6); or

            (ii)     on one occasion of 2 (or more) separate charges relating to separate offences of which 2 or more correspond to an offence or offences referred to in subsection (6).

    (4)     An offence referred to in subsection (3)(b):

        (a)     may have been committed either before or after the commencement of this section; and

        (b)     may have been tried either summarily or on indictment.

    (5)     If, during the period of 10 years referred to in subsection (3), the person served a term (or more than one term) of imprisonment for an offence corresponding to an offence referred to in subsection (6), the 10 year period is extended by the total length of time the person served in imprisonment.

    (6)     The following are offences relevant for the purposes of subsection (3):

        (a)     an offence against Part II, Division 1, Subdivision 1;

        (b)     an offence against section 6(1), 6A(1), 6E(1), 6F(1), 6G(1), 7(1), 7A(1) or 7C(1);

        (e)     conspiring with another person to commit an offence mentioned in paragraph (a) or (b);

        (f)     an offence against a law of a State or another Territory corresponding to an offence mentioned in paragraphs (a) to (e);

        (h)     an offence against Division 307 of the Criminal Code (Cth).



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