Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 71

Trafficking in a drug or drugs of dependence—large commercial quantity

S. 71(1) amended by No. 20/2016 s. 119.

    (1)     A person who, without being authorized by or licensed under this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or 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—

        (a)     to level 1 imprisonment (life); and

        (b)     in addition to imprisonment, to a penalty of not more than 5000 penalty units.

Note to s. 71(1) inserted by No. 55/2014 s. 50, substituted as Notes by No. 65/2016 s. 21(1).

Notes

1     An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 .
See section 5(2G) of that Act for the requirement
to impose a custodial order for this offence.

2     An offence against subsection (1) is a serious drug offence for the purposes of the Confiscation Act 1997 . On the conviction of a person for a serious drug offence, the court must make an order under section 89DI of the Sentencing Act 1991 declaring the person to be a serious drug offender.

S. 71(2) inserted by No. 52/2014 s. 18.

    (2)     The baseline sentence for an offence under subsection (1) is 14 years.

Note

See section 5A of the Sentencing Act 1991 as to baseline sentences.

S. 71AA inserted by No. 61/2001 s. 5, amended by No. 20/2016 s. 120.



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