Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 79

Conspiring

S. 79(1) amended by Nos 48/1997 s. 47(a), 61/2001 s. 7(b), 2/2016 s. 14.

    (1)     A person who conspires with another person or other persons to commit an offence against any provision of sections 71, 71AA, 71AB, 71AC, 71AD, 71A, 71B, 71E, 71F, 72, 72A, 72B, 72D or 73 is guilty of an indictable offence and liable to the same punishment pecuniary penalties and forfeiture as if he has committed the first-mentioned offence.

Note to s. 79(1) inserted by No. 55/2014 s. 52.

Note

An offence against this section is a serious drug offence for the purposes of the Confiscation Act 1997 where the conspiracy is to commit an offence against section 71 or 72. 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.

    (2)     A person who conspires with another person or persons to commit an offence against any of the provisions of sections 74, 75, 77 or 78 is guilty of an offence against this Act and liable to the same punishment pecuniary penalties and forfeiture as if he has committed the first-mentioned offence.

S. 80 (Heading) inserted by No. 63/2014 s. 7(8).

S. 80 substituted by No. 10002 s. 7(1).



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