Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 71B

Supply of drug of dependence to a child

71B. Supply of drug of dependence to a child



(1) A person who, without being authorised by or licensed under this Act or
the regulations to do so-

   (a)  supplies a drug of dependence to a child for the purposes of the
        supply of that drug of dependence by that child to another person,
        whether a child or adult; or

   (b)  supplies a drug of dependence to a child for the use of that drug of
        dependence by that child-

is guilty of an indictable offence and liable to a penalty of not more than
1000 penalty units or level 4 imprisonment (15 years maximum) or both.

(2) Despite section 70(2), in this section supply has the same meaning as in
section 4(1) of this Act.

(3) This section does not apply to a person who supplies a drug of dependence
to a child if, at the time of supplying that drug, that person was also a
child.





(4) It is a defence to a charge under this section for a person charged to
prove that he or she believed on reasonable grounds that the person to whom
the drug of dependence was supplied was 18 years of age or older.