Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 70

PART V DRUGS OF DEPENDENCE AND RELATED MATTERS

Definitions

70. Definitions





(1) In this Part and Part VI, unless inconsistent with the context or
subject-matter-



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 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 Schedule Eleven
        in respect of that drug of dependence; and

   (ii) in relation to a drug of dependence the name of which is specified in
        column 1 of Part 3 of Schedule Eleven-

                (A)  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 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 dependence; or

                (B)  in any other case, means the quantity that is specified
                     in column 2 of that Part of that Schedule opposite to the
                     name of that drug of dependence; and

   (b)  the fractions determined under paragraph (a) are added together; and

   (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 Drug of dependence not contained in or mixed
        with other substance Jack is in possession of 200 grams of heroin, 80
        grams of amphetamine and 800 grams of tetrahydrocannabinol. The
        individual commercial quantities for each of those drugs is 250 grams,
        100 grams and 1 kilogram respectively (as set out in column 2 of Part
        3 of Schedule Eleven), so each of these quantities is not individually
        a commercial quantity for trafficking. To aggregate the individual
        quantities, determine the quantities involved as fractions of the
        specified commercial quantities: 200/250 (heroin), 80/100
        (amphetamine)and 800/1000 (tetrahydrocannabinol) ie 4/5 plus 4/5 plus
        4/5. The total of the fractions when added together is 12/5 or 2·4
        which is a number greater than 1. This is a quantity which is not less
        than an aggregated commercial quantity of 2 or more drugs of
        dependence. Example 2 Drug of dependence not contained in or mixed
        with other substance Jill is in possession of 80 cannabis plants and
        800 grams of tetrahydrocannabinol. The individual commercial
        quantities for each 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 each of these quantities is
        not individually a commercial quantity for trafficking. To aggregate
        the individual quantities, determine the quantities involved as
        fractions of the specified commercial quantities: 80/100 (cannabis
        plants) and 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. This is a quantity which is not less than an
        aggregated commercial quantity of 2 or more drugs of dependence.
        Example 3 Drug of dependence contained in or mixed with other
        substance Fred is in possession of 400 grams of a substance containing
        240 grams of heroin, 400 grams of a substance containing 200 grams of
        amphetamine and 8 kilograms of a substance containing 900 grams of
        tetrahydracannabinol. The individual commercial quantities for a
        mixture of one of these drugs and another substance (as set out in
        column 2A of Part 3 of Schedule Eleven), comprise 500 grams for
        heroin, 500 grams for amphetamine, and 10 kilograms for
        tetrahydracannabinol, so each of these quantities is not individually
        a commercial quantity for trafficking. To aggregate the individual
        quantities, determine the quantities involved as fractions of the
        specified commercial quantities 400/500 (quantity of mixture of
        substance and heroin), 400/500 (quantity of mixture of substance and
        amphetamine), 800/1000 (quantity of mixture of substance and
        tetrahydrocannabinol) i.e. 4/5 plus 4/5 plus 4/5. The total of these
        fractions is 12/5 or 2×4 which is a number greater than 1. This is a
        quantity which is not less than an aggregated commercial quantity of 2
        or more drugs of dependence. Note For narcotic plants, quantities are
        to be calculated on the quantity specified for a drug of dependence in
        column 2 of Part 2 of Schedule Eleven. Quantities of drugs of
        dependence contained in or mixed with another substance are to be
        calculated on the quantities specified in column 2A of Part 3 of
        Schedule Eleven. In the case of a drug of dependence specified in
        column 1 of Part 3 of Schedule Eleven, quantities are to be calculated
        either on the quantity specified for the drug of dependence in column
        2 of Part 3 of Schedule Eleven (if that drug is not contained in or
        mixed with another substance) or on the quantity specified for the
        drug of dependence in column 2A of Part 3 of Schedule Eleven (if that
        drug is contained in or mixed with another substance). If a quantity
        is calculated on a quantity specified in column 2 of Part 3 of
        Schedule Eleven in respect of a drug of dependence, any other
        substance contained in or mixed with that drug of dependence is not to
        be included in the calculation.





aggregated large 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 determined as a fraction of-

   (i)  in the case of a drug of 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 dependence; and

   (ii) in relation to a drug of dependence the name of which is specified in
        column 1 of Part 3 of Schedule Eleven-

                (A)  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 not less than
                     the quantity specified in column 1B of that Part of that
                     Schedule opposite to the name of that drug of dependence,
                     means any amount of that drug of dependence; or

                (B)  in any other case, means the quantity that is specified
                     in column 1A of that Part of that Schedule opposite to
                     the name of that drug of dependence; and

   (b)  the fractions determined under paragraph (a) are added together; and

   (c)  the quantity is an aggregated large commercial quantity if the total
        of those fractions when added together is equal to or greater than the
        number "1"; Examples Example 1 Drug of dependence contained in or
        mixed with other substance Bill is in possession of 800 grams of a
        substance containing 250 grams of amphetamine, 600 grams of a
        substance containing 200 grams of heroin, 800 grams of a substance
        containing 100 grams of methylamphetamine. The individual large
        commercial quantities for a mixture of one of these drugs and another
        substance (as set out in column 1B of Part 3 of Schedule Eleven),
        comprise 1 kilogram for amphetamine, 1 kilogram for heroin and 1
        kilogram for methylamphetamine so each of these quantities is not
        individually a large commercial quantity for trafficking. To aggregate
        the individual quantities, determine the quantities involved as
        fractions of the specified large commercial quantities 800/1000
        (quantity of mixture of substance and amphetamine), 600/1000 (quantity
        of mixture of substances and heroin), 800/1000 (quantity of mixture of
        substance and methylamphetamine), i.e. 4/5 plus 3/5 plus 4/5. The
        total of these fractions is 11/5 or 2×2 which is a number greater than
        1. This is a quantity which is not less than an aggregated large
        commercial quantity of 2 or more drugs of dependence. Example 2 Drug
        of dependence not contained in or mixed with other substance Fredrica
        is in possession of 150 grams of heroin, 300 grams of amphetamine, and
        450 grams of cocaine. The individual large commercial quantities for
        each of those drugs (as set out in Column 1A of Part 3 of Schedule
        Eleven), comprise 750 grams for heroin, 750 grams for amphetamine and
        750 grams for cocaine so each of these quantities is not individually
        a large commercial quantity for trafficking. To aggregate the
        individual quantities, determine the quantities involved as fractions
        of the specified large commercial quantities 150/750 (heroin), 300/750
        (amphetamine), 450/750 (cocaine), i.e. 1/5 plus 2/5 plus 3/5. The
        total of these fractions is 6/5 or 1×2 which is a number greater than
        1. This is a quantity which is not less than an aggregated large
        commercial quantity of 2 or more drugs of dependence. Note For
        narcotic plants, quantities are to be calculated on the quantity
        specified for a drug of dependence in column 1A of Part 2 of Schedule
        Eleven. Quantities of drugs of dependence contained in or mixed with
        another substance are to be calculated on the quantities specified in
        column 1B of Part 3 of Schedule Eleven. In the case of a drug of
        dependence specified in column 1 of Part 3 of Schedule Eleven,
        quantities are to be calculated either on the quantity specified for
        the drug of dependence in column 1A of Part 3 of Schedule Eleven (if
        that drug is not contained in or mixed with another substance) or on
        the quantity specified for the drug of dependence in column 1B of Part
        3 of Schedule Eleven (if that drug is contained in or mixed with
        another substance). If a quantity is calculated on a quantity
        specified in column 1A of Part 3 of Schedule Eleven in respect of a
        drug of dependence, any other substance contained in or mixed with
        that drug of dependence is not to be included in the calculation.
        automatic forfeiture quantity, in relation to a drug of dependence the
        name of which is specified in column 1 of Part 3 of Schedule Eleven,
        means the quantity of that drug, including any other substance in
        which it is contained or with which it is mixed, that is specified in
        column 2B of that Part of that Schedule opposite to the name of that
        drug of dependence; Note see the Confiscation Act 1997;

cannabis means any fresh or dried parts of a plant of the genus Cannabis L;





child means a person under 18 years of age;



commercial quantity-

   (a)  in relation to a drug of dependence the 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;

   (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 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-

   (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 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 dependence; or

   (ii) in any other case, means the quantity that is specified in column 2 of
        that Part of that Schedule opposite to the name of that drug of
        dependence;

   (d)  in relation to 2 or more drugs of dependence, means an aggregated
        commercial quantity of those drugs;

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 narcotic plant; or

   (c)  graft, divide or transplant a 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 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 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 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 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 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 commercial quantity of those drugs;

narcotic plant means any plant the name of which is specified in column 1 of
Part 2 of Schedule Eleven and includes a cutting of such a plant, whether or
not the cutting has roots;

small quantity-

   (a)  in relation to any fresh or dried parts of a plant of the genus
        Cannabis L, means the quantity that is specified in column 4 of Part 2
        of Schedule Eleven opposite to the name Cannabis L specified in column
        1 of that part of that Schedule; and

   (b)  in relation to any drug of dependence the name of which is specified
        in column 1 of Part 3 of Schedule Eleven, means the quantity of that
        drug, including any other substance in which it is contained or with
        which it is mixed, that is specified in column 4 of that Part of that
        Schedule opposite to the name of that drug of dependence;

traffick in relation to a drug of dependence includes-

   (a)  prepare a drug of dependence for trafficking;

   (b)  manufacture a drug of dependence; or

   (c)  sell, exchange, agree to sell, offer for sale or have in possession
        for sale, a drug of dependence;

traffickable quantity, in relation to a drug of dependence-

   (a)  the name of which is specified in column 1 of Part 1 of Schedule
        Eleven, means the quantity that is specified in column 3 of that Part
        of that Schedule opposite to the name of that drug of dependence;

   (b)  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 3 of that Part of that Schedule opposite to the name of that
        drug of dependence;

   (c)  the 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 of that mixture of drug of dependence and
        other substance is not less than the quantity specified in column 3 of
        that Part of that Schedule opposite to the name of 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 column 3A
        of that Part of that Schedule opposite to the name of that drug of
        dependence;

use in relation to a drug of dependence means-

   (a)  smoke a drug of dependence;

   (b)  inhale the fumes caused by heating or burning a drug of dependence; or

   (c)  introduce a drug of dependence into the body of a person.

(2) The provisions of section 4(2) and (3) and the interpretations of
manufacture, sell and supply in section 4(1) do not apply to this Part.