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PARLIAMENT OF VICTORIA
Drugs, Poisons and Controlled Substances
(Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Principal Act 3
PART 2--AMENDMENTS TO THE PRINCIPAL ACT 4
4. New definitions 4
5. Section 71 substituted and new sections 71AA to 71AC inserted 9
71. Trafficking in a drug or drugs of dependence--large
commercial quantity 9
71AA. Trafficking in a drug or drugs of dependence--
commercial quantity 9
71AB. Trafficking in a drug of dependence to a child 10
71AC. Trafficking in a drug of dependence 10
6. Section 72 substituted and new sections 72A to 72C inserted 10
72. Cultivation of narcotic plants--large commercial
quantity 10
72A. Cultivation of narcotic plants--commercial quantity 10
72B. Cultivation of narcotic plants 11
72C. Defence to prosecution for offences involving
cultivation 11
7. Consequential amendments--section references 12
8. Parts 2 and 3 of Schedule Eleven substituted 12
9. Amendment of Part heading 15
10. Transitional provision inserted 15
137. Transitional provisions--Drugs, Poisons and
Controlled Substances (Amendment) Act 2001 15
PART 3--AMENDMENT OF OTHER ACTS 17
11. Consequential amendment to Confiscation Act 1997 17
12. Amendment of Schedule 4 to Magistrates' Court Act 1989 19
13. Amendment of Bail Act 1977--exceptional circumstances 19
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Clause Page
14. Amendment of the Sentencing Act 1991 20
15. Amendment of Juries Act 2000 21
16. Consequential amendment of other Acts 21
ENDNOTES 24
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PARLIAMENT OF VICTORIA
Initiated in Assembly 6 June 2001
A BILL
to amend the Drugs, Poisons and Controlled Substances Act 1981
to make provision in relation to offences relating to trafficking and
cultivating drugs of dependence, to amend the Magistrates' Court
Act 1989, the Bail Act 1977, the Confiscation Act 1997, the
Sentencing Act 1991 and the Juries Act 2000, to make consequential
amendments to other Acts and for other purposes.
Drugs, Poisons and Controlled
Substances (Amendment) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
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(a) to amend the Drugs, Poisons and
Controlled Substances Act 1981 to make
provision in relation to offences relating to
trafficking in and cultivating drugs of
5 dependence and to provide for the
aggregation of certain quantities of drugs of
dependence;
(b) to amend the Confiscation Act 1997 in
relation to offences of trafficking in drugs of
10 dependence and cultivating drugs of
dependence which are narcotic plants;
(c) to amend Schedule 4 to the Magistrates'
Court Act 1989 in relation to certain
indictable drug offences triable summarily;
15 (d) to amend the Juries Act 2000 in relation to
unanimous verdicts in trials for certain drug
offences;
(e) to amend the Bail Act 1977 in relation to
bail for offences of trafficking in drugs of
20 dependence and cultivating drugs of
dependence which are narcotic plants;
(f) to make consequential amendments to
various other Acts.
2. Commencement
25 (1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
1 January 2002, it comes into operation on that
day.
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3. Principal Act
See:
In this Act, the Drugs, Poisons and Controlled Act No.
Substances Act 1981 is called the Principal Act. 9719.
Reprint No. 5
as at
31 December
1998
and
amending
Act Nos
12/1999,
26/1999,
18/2000,
74/2000,
94/2000 and
S.R. Nos
107/1999 and
85/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
_______________
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PART 2--AMENDMENTS TO THE PRINCIPAL ACT
4. New definitions
(1) In section 70(1) of the Principal Act, insert the
following definitions--
5 ' "aggregated commercial quantity", in relation
to 2 or more drugs of dependence, means a
quantity determined as follows--
(a) the quantity of each drug of dependence
involved in the alleged offence is
10 determined as a fraction of--
(i) in the case of a drug of
dependence which is a narcotic
plant, the commercial quantity
specified in column 2 of Part 2 of
15 Schedule Eleven in respect of that
drug of dependence; and
(ii) in the case of any other drug of
dependence, the commercial
quantity specified in column 2 of
20 Part 3 of Schedule Eleven in
respect of that drug of
dependence; and
(b) the fractions determined under
paragraph (a) are added together; and
25 (c) the quantity is an aggregated
commercial quantity if the total of those
fractions when added together is equal
to or greater than the number "1";
Example 1
30 Jack is in possession of 200 grams of heroin,
200 grams of amphetamine and 800 grams of
tetrahydrocannabinol. The individual
commercial quantities for each of those drugs is
250 grams, 250 grams and 1 kilogram
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respectively (as set out in column 2 of Part 3 of
Schedule Eleven), so Jack would not be guilty
of trafficking in a commercial quantity of each
of those individual drugs of dependence.
5 To aggregate the individual quantities,
determine the quantities involved as fractions
of the specified commercial quantities:
200
/250 (heroin), 200/250 (amphetamine) and 800/1000
(tetrahydrocannabinol) ie 4/5 plus 4/5 plus 4/5.
10 The total of the fractions when added together
is 12/5 or 2·4 which is a number greater than 1.
Jack is therefore in possession of a quantity
which is not less than an aggregated
commercial quantity of 2 or more drugs of
15 dependence.
Example 2
Jill is in possession of 80 cannabis plants
and 800 grams of tetrahydrocannabinol.
The individual commercial quantities for each
20 of those drugs is 100 plants and 1 kilogram
respectively (as set out in column 2 of Part 2 of
Schedule Eleven and column 2 of Part 3 of
Schedule Eleven), so Jill would not be guilty of
trafficking in a commercial quantity of each of
25 those individual drugs of dependence.
To aggregate the individual quantities,
determine the quantities involved as fractions
of the specified commercial quantities:
80
/100 (cannabis plants) and
30 800
/1000 (tetrahydrocannabinol) ie 8/10 plus 8/10.
The total of the fractions when added together
is 16/10 or 1·6 which is a number greater than 1.
Jill is therefore in possession of a quantity
which is not less than an aggregated
35 commercial quantity of 2 or more drugs of
dependence.
Note: Quantities are to be calculated on the quantity
specified for a drug of dependence in column 2 of
Part 2 of Schedule Eleven (for narcotic plants) and
40 column 2 of Part 3 of Schedule Eleven (for other
drugs of dependence) whether or not that drug of
dependence is contained in or mixed with another
substance. The other substances contained in or
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mixed with a mixture of drug and substance are not to
be included in the calculation.
"aggregated large commercial quantity", in
relation to 2 or more drugs of dependence,
5 means a quantity determined as follows--
(a) the quantity of each drug of dependence
involved in the alleged offence is
determined as a fraction of--
(i) in the case of a drug of
10 dependence which is a narcotic
plant, the large commercial
quantity specified in column 1A
of Part 2 of Schedule Eleven in
respect of that drug of
15 dependence; and
(ii) in the case of any other drug of
dependence, the large commercial
quantity specified in column 1A
of Part 3 of Schedule Eleven in
20 respect of that drug of
dependence; and
(b) the fractions determined under
paragraph (a) are added together; and
(c) the quantity is an aggregated large
25 commercial quantity if the total of those
fractions when added together is equal
to or greater than the number "1";
Note: Quantities are to be calculated on the quantity
specified for a drug of dependence in column 1A of
30 Part 2 of Schedule Eleven (for narcotic plants) and
column 1A of Part 3 of Schedule Eleven (for other
drugs of dependence) whether or not that drug of
dependence is contained in or mixed with another
substance. The other substances contained in or
35 mixed with a mixture of drug and substance are not to
be included in the calculation.
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"cultivate", in relation to a narcotic plant
includes--
(a) sow a seed of a narcotic plant; or
(b) plant, grow, tend, nurture or harvest a
5 narcotic plant;
"large commercial quantity"--
(a) in relation to a drug of dependence the
name of which is specified in column 1
of Part 2 of Schedule Eleven, means the
10 quantity, or the number of plants, that is
specified in column 1A of that Part of
that Schedule opposite to the name of
that drug of dependence;
(b) in relation to a drug of dependence the
15 name of which is specified in column 1
of Part 3 of Schedule Eleven--
(i) if that drug of dependence is
contained in or mixed with
another substance and the quantity
20 of that mixture of drug of
dependence and other substance is
not less than the quantity specified
in column 1B of that Part of that
Schedule opposite to the name of
25 that drug of dependence, means
any amount of that drug of
dependence; or
(ii) in any other case, means the
quantity that is specified in
30 column 1A of that Part of that
Schedule opposite to the name of
that drug of dependence;
(c) in relation to 2 or more drugs of
dependence, means an aggregated large
35 commercial quantity of those drugs;'.
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(2) In section 70(1) of the Principal Act, for the
definition of "commercial quantity" substitute--
' "commercial quantity"--
(a) in relation to a drug of dependence the
5 name of which is specified in column 1
of Part 1 of Schedule Eleven, means the
quantity that is specified in column 2 of
that Part of that Schedule opposite to
the name of that drug of dependence;
10 (b) in relation to a drug of dependence the
name of which is specified in column 1
of Part 2 of Schedule Eleven, means the
quantity, or the number of plants, that is
specified in column 2 of that Part of
15 that Schedule opposite to the name of
that drug of dependence;
(c) in relation to a drug of dependence the
name of which is specified in column 1
of Part 3 of Schedule Eleven--
20 (i) if that drug of dependence is
contained in or mixed with
another substance and the quantity
of that mixture of drug of
dependence and other substance is
25 not less than the quantity specified
in column 2A of that Part of that
Schedule opposite to the name of
that drug of dependence, means
any amount of that drug of
30 dependence; or
(ii) in any other case, means the
quantity that is specified in
column 2 of that Part of that
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Schedule opposite to the name of
that drug of dependence;
(d) in relation to 2 or more drugs of
dependence, means an aggregated
5 commercial quantity of those drugs;'.
5. Section 71 substituted and new sections 71AA to
71AC inserted
For section 71 of the Principal Act substitute--
"71. Trafficking in a drug or drugs of
10 dependence--large commercial quantity
A person who, without being authorized by
or licensed under this Act or the regulations
to do so, trafficks or attempts to traffick in a
quantity of a drug of dependence or of 2 or
15 more drugs of dependence that is not less
than the large commercial quantity
applicable to that drug of dependence or
those drugs of dependence is guilty of an
indictable offence and liable--
20 (a) to level 1 imprisonment (life); and
(b) in addition to imprisonment, to a
penalty of not more than 5000 penalty
units.
71AA. Trafficking in a drug or drugs of
25 dependence--commercial quantity
A person who, without being authorized by
or licensed under this Act or the regulations
to do so, trafficks or attempts to traffick in a
quantity of a drug of dependence or of 2 or
30 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
35 maximum).
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71AB. Trafficking in a drug of dependence to a
child
A person who, without being authorized by
or licensed under this Act or the regulations
5 to do so, trafficks or attempts to traffick in a
drug of dependence to a child is guilty of an
indictable offence and liable to level 3
imprisonment (20 years maximum).
71AC. Trafficking in a drug of dependence
10 A person who, without being authorized by
or licensed under this Act or the regulations
to do so, trafficks or attempts to traffick in a
drug of dependence is guilty of an indictable
offence and liable to level 4 imprisonment
15 (15 years maximum).".
6. Section 72 substituted and new sections 72A to 72C
inserted
For section 72 of the Principal Act substitute--
"72. Cultivation of narcotic plants--large
20 commercial quantity
A person who, without being authorized by
or licensed under this Act or the regulations
to do so, cultivates or attempts to cultivate a
narcotic plant in a quantity of a drug of
25 dependence, being a narcotic plant, that is
not less than the large commercial quantity
applicable to that narcotic plant is guilty of
an indictable offence and liable--
(a) to level 1 imprisonment (life); and
30 (b) in addition to imprisonment, to a
penalty of not more than 5000 penalty
units.
72A. Cultivation of narcotic plants--commercial
quantity
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A person who, without being authorized by
or licensed under this Act or the regulations
to do so, cultivates or attempts to cultivate a
narcotic plant in a quantity of a drug of
5 dependence, being a narcotic plant, that is
not less than the commercial quantity
applicable to that narcotic plant is guilty of
an indictable offence and liable to level 2
imprisonment (25 years maximum).
10 72B. Cultivation of narcotic plants
A person who, without being authorized by
or licensed under this Act or the regulations
to do so, cultivates or attempts to cultivate a
narcotic plant is guilty of an indictable
15 offence and liable--
(a) if the trial judge (or magistrate on a
summary hearing) is satisfied on the
balance of probabilities that the offence
was not committed by the person for
20 any purpose related to trafficking in
that plant, to level 8 imprisonment (1
year maximum) or a penalty of not
more than 20 penalty units or both; or
(b) in any other case, to level 4
25 imprisonment (15 years maximum).
72C. Defence to prosecution for offences
involving cultivation
It is a good defence to a prosecution for an
offence against section 72, 72A or 72B
30 involving the cultivation of a narcotic plant
if the person charged with the offence
adduces evidence which satisfies the court
on the balance of probabilities that, having
regard to all the circumstances (including his
35 or her conduct) in which the matter alleged
to constitute the offence arose or preparatory
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to the alleged commission of the offence, he
or she did not know or suspect and could not
reasonably have been expected to have
known or suspected that the narcotic plant
5 was a narcotic plant.".
7. Consequential amendments--section references
In the Principal Act--
(a) in section 76(1)(a)(i), for "section 72"
substitute "section 72B";
10 (b) in section 79(1), for "sections 71, 71A, 71B,
72" substitute "sections 71, 71AA, 71AB,
71AC, 71A, 71B, 72, 72A, 72B";
(c) in section 80(1)--
(i) for "sections 71, 71A, 71B, 72"
15 substitute "sections 71, 71AA, 71AB,
71AC, 71A, 71B, 72, 72A, 72B";
(ii) for "sections 71, 72" substitute
"sections 71, 71AA, 71AB, 71AC, 71A,
71B, 72, 72A, 72B";
20 (d) in section 80(4), for "sections 71 to 75"
substitute "sections 71, 71AA, 71AB,
71AC, 71A, 71B, 72, 72A, 72B, 73, 74, 75";
(e) in section 122A(1)(c), for "section 71, 71A,
71B, 72" substitute "section 71, 71AA,
25 71AB, 71AC, 71A, 71B, 72, 72A, 72B".
8. Parts 2 and 3 of Schedule Eleven substituted
For Parts 2 and 3 of Schedule Eleven to the
Principal Act substitute--
"PART 2
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Column 1 Column 1A Column 2 Column 3 Column 4
(Large Commercial (Commercial (Traffickable (Small
Quantity) Quantity) Quantity) Quantity)
Plant Quantity Quantity Quantity Quantity
Cannabis L. 250 kg or 25·0 kg or 250·0 g or 50·0 g
1000 plants 100 plants 10 plants
Erythroxylum coca Lam 80·0 kg 800·0 g
Erythroxylum 80·0 kg 800·0 g
nova-granatense
(Morris) Hier
Papaver bracteatum 10·0 kg 100·0 g
Lindley
Papaver somniferum L. 10.0 kg 100.0 g
PART 3
Column 1 Column 1A Column 1B Column 2 Column 2A Column 3 Column 4
(Large (Large (Commercial (Commercial (Traffickable (Small
Commercial Commercial Quantity) Quantity) Quantity) Quantity)
Quantity) Quantity)
Quantity Quantity of Quantity Quantity of Quantity Quantity
Drug
mixture of mixture of
substance substance
and drug of and drug of
dependence dependence
AMPHETAMINE 750·0 g 2·50 kg 250·0 g 1·25 kg 6·0 g 1·0 g
COCAINE 750·0 g 1·0 kg 250·0 g 500·0 g 3·0 g 1·0 g
DIACETYLMORPHINE 750·0 g 1·0 kg 250·0 g 500·0 g 3·0 g 1·0 g
(Heroin)
LYSERGIC ACID 150·0 mg 50·0 mg 1·5 mg 0·2 mg
DIETHYLAMIDE
METHYLAMPHETAMINE 750·0 g 2·50 kg 250·0 g 1·25 kg 6·0 g 1·0 g
METHYLENEDIOXY- 750·0 g 1·0 kg 100·0 g 500·0 g 3·0 g 0·75 g
AMPHETAMINES
3,4-METHYLENEDIOXY- 750·0 g 1·0 kg 100·0 g 500·0 g 3·0 g 0·75 g
AMPHETAMINE (MDA)
3,4-METHYLENEDIOXY-N- 750·0 g 1·0 kg 100·0 g 500·0 g 3·0 g 0·75 g
METHYLAMPHETAMINE
(MDMA)
TETRAHYDROCANNABINOL 3·0 kg 25·0 kg 1·0 kg 10·0 kg 25·0 g 1·0 g
ANABOLIC AND 5·0 kg 5·0 kg 500·0 g 50·0 g
ANDROGENIC STEROIDAL
AGENTS, other than in implant
preparations for use in animals
ATAMESTANE 5·0 kg 5·0 kg 500·0 g 50·0 g
BOLANDIOL 5·0 kg 5·0 kg 500·0 g 50·0 g
BOLASTERONE 5·0 kg 5·0 kg 500·0 g 50·0 g
BOLAZINE 5·0 kg 5·0 kg 500·0 g 50·0 g
BOLDENONE 5·0 kg 5·0 kg 500·0 g 50·0 g
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Column 1 Column 1A Column 1B Column 2 Column 2A Column 3 Column 4
(Large (Large (Commercial (Commercial (Traffickable (Small
Commercial Commercial Quantity) Quantity) Quantity) Quantity)
Quantity) Quantity)
Quantity Quantity of Quantity Quantity of Quantity Quantity
Drug
mixture of mixture of
substance substance
and drug of and drug of
dependence dependence
BOLENOL 5·0 kg 5·0 kg 500·0 g 50·0 g
CALUSTERONE 5·0 kg 5·0 kg 500·0 g 50·0 g
CHLORANDROSTENOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
CLOSTEBOL 5·0 kg 5·0 kg 500·0 g 50·0 g
DANAZOL 5·0 kg 5·0 kg 500·0 g 50·0 g
DIHYDROLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
DIMETHANDROSTANOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
DROSTANOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
ENESTEBOL 5·0 kg 5·0 kg 500·0 g 50·0 g
EPITIOSTANOL 5·0 kg 5·0 kg 500·0 g 50·0 g
ETHYLDIENOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
ETHYLOESTRENOL 5·0 kg 5·0 kg 500·0 g 50·0 g
FLUOXYMESTERONE 5·0 kg 5·0 kg 500·0 g 50·0 g
FORMEBOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
FURAZABOL 5·0 kg 5·0 kg 500·0 g 50·0 g
HYDROXYSTENOZOL 5·0 kg 5·0 kg 500·0 g 50·0 g
MEBOLAZINE 5·0 kg 5·0 kg 500·0 g 50·0 g
MEPITIOSTANE 5·0 kg 5·0 kg 500·0 g 50·0 g
MESABOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
MESTANOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
MESTEROLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
METHANDIENONE 5·0 kg 5·0 kg 500·0 g 50·0 g
METHANDRIOL 5·0 kg 5·0 kg 500·0 g 50·0 g
METHENOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
METHYLCLOSTEBOL 5·0 kg 5·0 kg 500·0 g 50·0 g
METHYLTESTOSTERONE 5·0 kg 5·0 kg 500·0 g 50·0 g
METHYLTRIENOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
METRIBOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
MIBOLERONE 5·0 kg 5·0 kg 500·0 g 50·0 g
NANDROLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
NORANDROSTENOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
Column 1 Column 1A Column 1B Column 2 Column 2A Column 3 Column 4
(Large (Large (Commercial (Commercial (Traffickable (Small
Commercial Commercial Quantity) Quantity) Quantity) Quantity)
Quantity) Quantity)
Quantity Quantity of Quantity Quantity of Quantity Quantity
Drug
mixture of mixture of
substance substance
and drug of and drug of
dependence dependence
NORBOLETHONE 5·0 kg 5·0 kg 500·0 g 50·0 g
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NORCLOSTEBOL 5·0 kg 5·0 kg 500·0 g 50·0 g
NORETHANDROLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
NORMETHANDRONE 5·0 kg 5·0 kg 500·0 g 50·0 g
OVANDROTONE 5·0 kg 5·0 kg 500·0 g 50·0 g
OXABOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
OXANDROLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
OXYMESTERONE 5·0 kg 5·0 kg 500·0 g 50·0 g
OXYMETHOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
PRASTERONE 5·0 kg 5·0 kg 500·0 g 50·0 g
PROPETANDROL 5·0 kg 5·0 kg 500·0 g 50·0 g
QUINBOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
ROXIBOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
SILANDRONE 5·0 kg 5·0 kg 500·0 g 50·0 g
STANOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
STANOZOLOL 5·0 kg 5·0 kg 500·0 g 50·0 g
STENBOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
TESTOLACTONE 5·0 kg 5·0 kg 500·0 g 50·0 g
TESTOSTERONE, other than in 5·0 kg 5·0 kg 500·0 g 50·0 g
implant preparations for use in
animals
THIOMESTERONE 5·0 kg 5·0 kg 500·0 g 50·0 g
TRENBOLONE, other than in 5·0 kg 5·0 kg 500·0 g 50·0 g
implant preparations for use in
animals
TRESTOLONE 5·0 kg 5·0 kg 500·0 g 50·0 g
Note: kg = kilogram
g = gram
mg = milligram".
9. Amendment of Part heading
5 In the heading to Part XII of the Principal Act,
omit "CONCERNING THE POISONS
CODE".
10. Transitional provision inserted
In Part XII of the Principal Act, at the end of that
10 Part insert--
"137. Transitional provisions--Drugs, Poisons
and Controlled Substances (Amendment)
Act 2001
(1) The amendments to this Act made by the
15 Drugs, Poisons and Controlled Substances
(Amendment) Act 2001 apply only to
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offences alleged to have been committed
after the commencement of that Act.
(2) For the purposes of sub-section (1), if an
offence is alleged to have been committed
5 between two dates, one before and one on or
after the commencement of the Drugs,
Poisons and Controlled Substances
(Amendment) Act 2001, the offence is
alleged to have been committed before the
10 commencement of that Act.".
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PART 3--AMENDMENT OF OTHER ACTS
11. Consequential amendment to Confiscation Act 1997
See:
(1) In Schedule 2 to the Confiscation Act 1997, in Act No.
clause 1-- 108/1997.
Reprint No. 1
5 (a) for paragraph (a) substitute-- as at
1 July 1998
"(a) section 71 (trafficking in a quantity of a drug or and
amending
drugs of dependence that is not less than the
Act Nos
large commercial quantity applicable to that
85/1998,
drug or those drugs); 44/1999,
54/2000 and
10 (ab) section 71AA (trafficking in a quantity of a 74/2000.
drug or drugs of dependence that is not less LawToday:
than the commercial quantity applicable to that www.dms.
dpc.vic.
drug or those drugs);";
gov.au
(b) for paragraph (b) substitute--
15 "(b) section 72 (cultivation of a narcotic plant in a
quantity of a drug of dependence, being a
narcotic plant, that is not less than the large
commercial quantity applicable to that narcotic
plant);
20 (ba) section 72A (cultivation of a narcotic plant in a
quantity of a drug of dependence, being a
narcotic plant, that is not less than the
commercial quantity applicable to that narcotic
plant);";
25 (c) in paragraph (c) for "paragraph (a) or (b)"
substitute "paragraph (a), (ab), (b) or (ba)";
(d) in paragraph (d)--
(i) for "paragraph (a) or (b)" (where twice
occurring) substitute "paragraph (a),
30 (ab), (b) or (ba)";
(ii) for "section 71(1) or 72(1)" substitute
"section 71, 71AA, 72 or 72A".
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2001
s. 11
Act No.
(2) In Schedule 3 to the Confiscation Act 1997, in
clause 1--
(a) for paragraph (a) substitute--
"(a) section 71 (trafficking in a quantity of a drug or
5 drugs of dependence that is not less than the
large commercial quantity applicable to that
drug or those drugs);
(ab) section 71AA (trafficking in a quantity of a
drug or drugs of dependence that is not less
10 than the commercial quantity applicable to that
drug or those drugs);";
(b) for paragraph (b) substitute--
"(b) section 72 (cultivation of a narcotic plant in a
quantity of a drug of dependence, being a
15 narcotic plant, that is not less than the large
commercial quantity applicable to that narcotic
plant);
(ba) section 72A (cultivation of a narcotic plant in a
quantity of a drug of dependence, being a
20 narcotic plant, that is not less than the
commercial quantity applicable to that narcotic
plant);";
(c) in paragraph (c) for "paragraph (a) or (b)"
substitute "paragraph (a), (ab), (b) or (ba)";
25 (d) in paragraph (d)--
(i) for "paragraph (a) or (b)" (where twice
occurring) substitute "paragraph (a),
(ab), (b) or (ba)";
(ii) for "section 71(1) or 72(1)" substitute
30 "section 71, 71AA, 72 or 72A".
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2001
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Act No.
12. Amendment of Schedule 4 to Magistrates' Court Act
1989
See:
(1) In Schedule 4 to the Magistrates' Court Act Act No.
1989, in item 49, after "1981" insert "(except for 51/1989.
5 Reprint No. 6
offences against sections 71, 71AA, 72 and 72A)". as at
1 July 1999
(2) In Schedule 8 to the Magistrates' Court Act and
1989, at the end of that Schedule insert-- amending
Act Nos
"25. The amendment of item 49 in Schedule 4 to this Act 35/1999,
1/2000,
made by the Drugs, Poisons and Controlled
49/2000,
10 Substances (Amendment) Act 2001 applies to 51/2000,
offences alleged to have been committed before as 53/2000,
well as after the commencement of that Act.". 69/2000,
74/2000,
92/2000,
98/2000,
99/2000 and
2/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
13. Amendment of Bail Act 1977--exceptional
circumstances
See:
15 (1) In section 4(2)(aa) of the Bail Act 1977, for sub- Act No.
paragraph (i) substitute-- 9008.
Reprint No. 7
"(i) an offence under section 71, 71AA, 72 or as at
1 January
72A of the Drugs, Poisons and Controlled 1999.
Substances Act 1981 or an offence of LawToday:
www.dms.
20 conspiring to commit any of those offences dpc.vic.
under section 79(1) of that Act; or". gov.au
(2) In section 4(4) of the Bail Act 1977, for paragraph
(ca) substitute--
"(ca) with an offence under section 71AB, 71AC
25 or 72B of the Drugs, Poisons and
Controlled Substances Act 1981 or an
offence of conspiring to commit any of those
offences under section 79(1) of that Act;".
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2001
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Act No.
(3) After section 34(3) of the Bail Act 1977 insert--
"(4) The amendments of section 4 made by the
Drugs, Poisons and Controlled Substances
(Amendment) Act 2001 apply only with
5 respect to a charge for an offence filed on or
after the commencement of that Act.".
14. Amendment of the Sentencing Act 1991
See: (1) In clause 4(a) of Schedule 1 to the Sentencing
Act No.
Act 1991, for sub-paragraphs (i) to (v)
49/1991.
Reprint No. 5
10 substitute--
as at
1 January "(i) section 71 (trafficking in a quantity of a drug or drugs
2000
of dependence that is not less than the large
and
commercial quantity applicable to that drug or those
amending
drugs);
Act Nos
1/2000,
15 (ii) section 71AA (trafficking in a quantity of a drug or
41/2000,
54/2000, drugs of dependence that is not less than the
67/2000 and commercial quantity applicable to that drug or those
99/2000.
drugs);
LawToday:
www.dms.
(iii) section 72 (cultivation of a narcotic plant in a quantity
dpc.vic.
20 of a drug of dependence, being a narcotic plant, that is
gov.au
not less than the large commercial quantity applicable
to that narcotic plant);
(iv) section 72A (cultivation of a narcotic plant in a
quantity of a drug of dependence, being a narcotic
25 plant, that is not less than the commercial quantity
applicable to that narcotic plant);
(v) section 79(1) or 80(3)(a) (conspiracy) where the
conspiracy is to commit an offence against section 71,
71AA, 72 or 72A of that Act or an offence under a
30 law in force in a place outside Victoria that is a
corresponding law in relation to section 71, 71AA, 72
or 72A of that Act;
(vi) section 80(1) or 80(3)(b) (aiding and abetting, etc) in
circumstances where the offence aided, abetted,
35 counselled, procured, solicited or incited is an offence
against section 71, 71AA, 72 or 72A of that Act or an
offence under a law in force in a place outside
Victoria that is a corresponding law in relation to
section 71, 71AA, 72 or 72A of that Act;
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Act No.
(vii) section 80(4) (preparatory act) where the offence to
which the act relates is an offence under a law in
force in a place outside Victoria that is a
corresponding law in relation to section 71, 71AA, 72
5 or 72A of that Act;".
(2) In clause 4 of Schedule 1 to the Sentencing Act
1991, paragraph (c) is repealed.
15. Amendment of Juries Act 2000
(1) In section 46(4) of the Juries Act 2000, after
10 "treason" insert "or an offence against section 71
or 72 of the Drugs, Poisons and Controlled
Substances Act 1981".
(2) In Schedule 6 to the Juries Act 2000, after
clause 10 insert--
15 "11. Unanimous verdicts
The amendment made to section 46 by the Drugs,
Poisons and Controlled Substances (Amendment)
Act 2001 applies to criminal trials that commence on
or after the commencement of that Act, irrespective of
20 when the offence was committed.".
16. Consequential amendment of other Acts
(1) In the Crimes Act 1958--
(a) in section 464(2), in the definition of
"relevant suspect", for "section 71, 72(1)(ab)
25 or 72(1)(b)" (where twice occurring)
substitute "section 71, 71AA, 72 or 72A";
(b) in section 464U(3)--
(i) in paragraph (a), for "section 71,
72(1)(ab) or 72(1)(b)" substitute
30 "section 71, 71AA, 72 or 72A";
(ii) in paragraph (b), for "section 71,
72(1)(ab) or 72(1)(b)" substitute
"section 71, 71AA, 72 or 72A";
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2001
s. 16
Act No.
(c) in Schedule 8, for items 22, 23 and 24
substitute--
"22. An offence against section 71 (trafficking in a
quantity of a drug or drugs of dependence that
5 is not less than the large commercial quantity
applicable to that drug or those drugs).
23. An offence against section 71AA (trafficking in
a quantity of a drug or drugs of dependence that
is not less than the commercial quantity
10 applicable to that drug or those drugs).
24. An offence against section 71AB (trafficking in
a drug of dependence to a child).
25. An offence against section 71AC (trafficking in
a drug of dependence).
15 26. An offence against section 72 (cultivation of a
narcotic plant in a quantity of a drug of
dependence, being a narcotic plant, that is not
less than the large commercial quantity
applicable to that narcotic plant).
20 27. An offence against section 72A (cultivation of
a narcotic plant in a quantity of a drug of
dependence, being a narcotic plant, that is not
less than the commercial quantity applicable to
that narcotic plant).
25 28. An offence against section 72B (cultivation of a
narcotic plant for a purpose related to
trafficking in that narcotic plant).".
(2) In section 3(1) of the Surveillance Devices Act
1999, in the definition of "serious drug offence"--
30 (a) for paragraph (a) substitute--
"(a) section 71 (trafficking in a quantity of a
drug or drugs of dependence that is not
less than the large commercial quantity
applicable to that drug or those drugs);
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2001
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Act No.
(ab) section 71AA (trafficking in a quantity
of a drug or drugs of dependence that is
not less than the commercial quantity
applicable to that drug or those drugs);
5 (ac) section 71AB (trafficking in a drug of
dependence to a child);
(ad) section 71AC (trafficking in a drug of
dependence);";
(b) for paragraph (d) substitute--
10 "(d) section 72 (cultivation of a narcotic
plant in a quantity of a drug of
dependence, being a narcotic plant, that
is not less than the large commercial
quantity applicable to that narcotic
15 plant);
(da) section 72A (cultivation of a narcotic
plant in a quantity of a drug of
dependence, being a narcotic plant, that
is not less than the commercial quantity
20 applicable to that narcotic plant);
(db) section 72B (cultivation of a narcotic
plant for a purpose related to trafficking
in that narcotic plant);
(c) in paragraph (f), for "paragraph (a), (b), (c),
25 (d) or (e)" substitute "paragraph (a), (ab),
(ac), (ad), (b), (c), (d), (da), (db) or (e)";
(d) in paragraph (g), for "paragraph (a), (b), (c),
(d) or (e)" substitute "paragraph (a), (ab),
(ac), (ad), (b), (c), (d), (da), (db) or (e)".
30 (3) In section 86(1) of the Transport Act 1983, in
paragraph (a) of the definition of "level 2
offence", after "section 71" insert ", 71AA, 71AB
or 71AC".
35
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2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
24
541192B.I1-17/8/2001 BILL LA CIRCULATION 17/8/01
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