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Criminal Justice Legislation (Miscellaneous Amendments) Act 2002

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<strong>Criminal</strong> <strong>Justice</strong> <strong>Legislation</strong> (<strong>Miscellaneous</strong> <strong>Amendments</strong>) <strong>Act</strong><br />

<strong>2002</strong><br />

<strong>Act</strong> No. 35/<strong>2002</strong><br />

Sch.<br />

SCHEDULE<br />

1. Bail <strong>Act</strong> 1977<br />

1.1 In section 4(2)(aa) of the Bail <strong>Act</strong> 1977, after sub-paragraph<br />

(i) insert—<br />

"(ia) an offence of trafficking in relation to a commercial<br />

quantity of a drug of dependence under section 71 of<br />

the Drugs, Poisons and Controlled Substances <strong>Act</strong><br />

1981 as in force immediately before the<br />

commencement of the Drugs, Poisons and<br />

Controlled Substances (Amendment) <strong>Act</strong> 2001 or<br />

an offence of cultivating a narcotic plant under<br />

section 72 of that <strong>Act</strong> in circumstances where the<br />

offence is committed in relation to a quantity of a<br />

drug of dependence that is not less than the<br />

commercial quantity applicable to that narcotic plant<br />

or an offence of conspiring to commit either of those<br />

offences under section 79(1) of that <strong>Act</strong>; or".<br />

1.2 In section 4(4) of the Bail <strong>Act</strong> 1977, after paragraph (ca)<br />

insert—<br />

"(cab) subject to sub-section (2)(aa), with an offence of<br />

trafficking in a drug of dependence under section 71<br />

of the Drugs, Poisons and Controlled Substances<br />

<strong>Act</strong> 1981 as in force immediately before the<br />

commencement of the Drugs, Poisons and<br />

Controlled Substances (Amendment) <strong>Act</strong> 2001 or<br />

an offence of cultivating a narcotic plant under<br />

section 72 of that <strong>Act</strong> or an offence of conspiring to<br />

commit either of those offences under section 79(1) of<br />

that <strong>Act</strong>;".<br />

2. Confiscation <strong>Act</strong> 1997<br />

2.1 In Schedule 2 to the Confiscation <strong>Act</strong> 1997, after clause 1<br />

insert—<br />

"1A. An offence against any of the following provisions of<br />

the Drugs, Poisons and Controlled Substances <strong>Act</strong><br />

1981 as in force immediately before the<br />

commencement of the Drugs, Poisons and<br />

Controlled Substances (Amendment) <strong>Act</strong> 2001—<br />

(a) section 71(1) (trafficking in a drug of<br />

dependence) in circumstances where the<br />

offence is committed in relation to a quantity of<br />

a drug of dependence that is not less than the<br />

29

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