CONTROLLED SUBSTANCES ACT 1984 - SECT 32
CONTROLLED SUBSTANCES ACT 1984 - SECT 32
(1) A person who
traffics in a large commercial quantity of a controlled drug is guilty of an
offence.
Maximum penalty: $1 000 000 or imprisonment for life, or both.
(2) A person who
traffics in a commercial quantity of a controlled drug is guilty of an
offence.
Maximum penalty:
(a) for
a basic offence—
(i)
if the offender is a serious drug
offender—$500 000 or imprisonment for life, or both; or
(ii)
in any other case—$200 000 or imprisonment for 25
years, or both;
(b) for
an aggravated offence—$500 000 or imprisonment for life, or both.
(2a) A person who, in
a prescribed area, traffics in a controlled drug is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—
(i)
if the offender is a serious drug
offender—$200 000 or imprisonment for 25 years, or both; or
(ii)
in any other case—$75 000 or imprisonment for 15
years, or both;
(b) for
an aggravated offence—$200 000 or imprisonment for 25 years, or both.
(3) A person who
traffics in a controlled drug is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—
(i)
if the offender is a serious drug
offender—$75 000 or imprisonment for 15 years, or both; or
(ii)
in any other case—$50 000 or imprisonment for 10
years, or both;
(b) for
an aggravated offence—$75 000 or imprisonment for 15 years, or both.
(4) An offence against
subsection (3) involving cannabis, cannabis resin or cannabis oil (and
not involving any other controlled drug) must be prosecuted, and dealt with by
the Magistrates Court, as a summary offence but if the Court determines that a
person found guilty of such an offence should be sentenced to a term of
imprisonment exceeding 5 years, the Court must commit the person to the
District Court for sentence.
(5) If, in any
proceedings for an offence against subsection (1), (2), (2a) or (3) it is
proved that the defendant had possession of a trafficable quantity of a
controlled drug, it is presumed, in the absence of proof to the
contrary—
(a) in a
case where it is alleged that the defendant was taking part in the process of
sale of the drug, that the defendant—
(i)
was acting for the purpose of sale of the drug; and
(ii)
had the relevant belief concerning the sale of the drug
necessary to constitute the offence; or
(b) in
any other case—that the defendant had the relevant intention concerning
the sale of the drug necessary to constitute the offence.
(6) In this
section—
"prescribed area" means—
(a)
prescribed licensed premises or an area being used in connection with
prescribed licensed premises; or
(b)
premises at which members of the public are gathered for a public
entertainment or an area being used in connection with such premises;
Example—
Areas "being used in connection with" premises would include—
(a) a
car parking area specifically provided for the use of patrons of the premises;
(b) an
area in which people are queuing to enter the premises.
"prescribed licensed premises" means—
(a)
premises in respect of which 1 of the following classes of licence is in
force under the Liquor Licensing Act 1997 :
(i)
a general and hotel licence;
(ii)
an on premises licence;
(iii)
a club licence;
(iv)
a restaurant and catering licence;
(vi)
a licence of a class prescribed by regulation;
(b) the
premises defined in the casino licence, within the meaning of the
Casino Act 1997 , as the premises to which the licence relates;
(c)
premises subject to a licence prescribed by regulation;
"public entertainment" means a dance, performance, exhibition or event that is
calculated to attract and entertain members of the public, whether admission
is open, procured by the payment of money or restricted to members of a club
or a class of persons with some other qualification or characteristic.