13.05.2014 Views

Criminal Justice Legislation (Miscellaneous Amendments) Act 2002

Criminal Justice Legislation (Miscellaneous Amendments) Act 2002

Criminal Justice Legislation (Miscellaneous Amendments) Act 2002

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

<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 />

5.2 In clause 4 of Schedule 1 to the Sentencing <strong>Act</strong> 1991, after<br />

paragraph (a) insert—<br />

"(ab) 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 />

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

in circumstances where the offence is<br />

committed in relation to a quantity of a drug of<br />

dependence that is not less than the commercial<br />

quantity applicable to that drug of dependence;<br />

(ii) section 72 (cultivation of narcotic plants) in<br />

circumstances where the offence is committed<br />

in relation to a quantity of a drug of<br />

dependence, being a narcotic plant, that is not<br />

less than the commercial quantity applicable to<br />

that narcotic plant;<br />

(iii) section 79(1) or 80(3)(a) (conspiracy) in<br />

circumstances where the conspiracy is to<br />

commit an offence against section 71 of that<br />

<strong>Act</strong> in relation to a quantity of a drug of<br />

dependence that is not less than the commercial<br />

quantity applicable to that drug of dependence<br />

or an offence under a law in force in a place<br />

outside Victoria that is a corresponding law in<br />

relation to that section in relation to that<br />

quantity;<br />

(iv) section 80(1) or 80(3)(b) (aiding and abetting<br />

etc.) in circumstances where the offence that is<br />

aided, abetted, counselled, procured, solicited<br />

or incited is an offence against section 71 of<br />

that <strong>Act</strong> in relation to a quantity of a drug of<br />

dependence that is not less than the commercial<br />

quantity applicable to that drug of dependence<br />

or an offence under a law in force in a place<br />

outside Victoria that is a corresponding law in<br />

relation to that section in relation to that<br />

quantity;<br />

(v) section 80(4) (preparatory act) in circumstances<br />

where the offence to which the act relates is an<br />

offence under a law in force in a place outside<br />

Victoria that is a corresponding law in relation<br />

to section 71 of that <strong>Act</strong> in relation to a quantity<br />

33

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!