Drug Misuse and Trafficking Amendment (Ongoing Dealing) Act 1998 (NSW)

New South Wales

Drug Misuse and Trafficking

Amendment (Ongoing Dealing) Act

1998 No 73

Contents

Page

1	Name of Act	2
2	Commencement	2
3	Amendment of Drug Misuse and Trafficking Act 1985
No 226	2
4	Consequential amendments to other Acts	2

Schedules

1	Amendment of Drug Misuse and Trafficking Act 1985	3
2	Consequential amendments to other Acts	6

New South Wales

Drug Misuse and Trafficking
Amendment (Ongoing Dealing) Act

1998 No 73

Act No 73, 1998

An Act to amend the Drug Misuse and Trafficking Act 1985 to create an indictable offence of supplying prohibited drugs on an ongoing basis; to amend certain other Acts consequentially; and for related purposes. [Assented to 14 July 1998]

Section 1 Drug Misuse and Trafficking Amendment (Ongoing Dealing) Act 1998 No 73

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Drug Misuse and Trafficking Amendment

(Ongoing Dealing) Act 1998.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

1. Amendment of Drug Misuse and Trafficking Act 1985 No 226

   The Drug Misuse and Trafficking Act 1985 is amended as set out
   in Schedule 1.

4     Consequential amendments to other Acts

The Acts specified in Schedule 2 are amended as set out in that
Schedule.

Drug Misuse and Trafficking Amendment (Ongoing Dealing) Act 1998 No 73

Amendment of Drug Misuse and Trafficking Act 1985	Schedule 1
Schedule 1	Amendment of Drug Misuse and Trafficking Act 1985

(Section 3 )

Section 25A

Insert after section 25:

25A Offence of supplying prohibited drugs on an ongoing

basis

(1)	Offence provision
A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence.
Maximum penalty: 3,500 penalty units or imprisonment for 20 years, or both.
(2)	Same prohibited drug not necessary
A person is liable to be convicted of an offence under this section whether or not the same prohibited drug is supplied on each of the occasions relied on as evidence of commission of the offence.
(3)	Jury must be satisfied as to same 3 occasions of supply
If, on the trial of a person for an offence under this section, more than 3 occasions of supplying a prohibited drug are relied on as evidence of commission of the offence, all the members of the jury must be satisfied as to the same 3 occasions in order to find the person guilty of the offence.
(4)	Alternative verdict-relevant supply offences
If, on the trial of a person for an offence under this section, the jury is not satisfied that the offence is proven but is satisfied that the person has, in respect of any of the occasions relied on as evidence of commission of the offence under this section, committed a relevant supply offence, the jury may acquit the person of the offence charged and find the person guilty of the relevant supply offence, and the person is liable to punishment accordingly.

Drug Misuse and Trafficking Amendment (Ongoing Dealing) Act 1998 No 73

Schedule 1 Amendment of Drug Misuse and Trafficking Act 1985

(5)

Double jeopardy provisions

A person who has been convicted of an offence under this section is not liable to be convicted:

(a)	of a relevant supply offence, or
(b)	of a separate offence under this section,

on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been convicted.

(6)

A person who has been acquitted of an offence under
this section is not liable to be convicted:

(a)	except as provided by subsection (4)—of a relevant supply offence, or
(b)	of a separate offence under this section,

on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been acquitted.

(7)

A person who has been:

(a)	convicted of a relevant supply offence, or
(b)	acquitted of a relevant supply offence,

is not liable to be convicted for an offence under this section on the same, or substantially the same, facts as those relied on as evidence of commission of the relevant supply offence.

(8)

Liability for relevant supply offences not affected by
offence under this section

Subject to subsections (5) and (6), this section does not:

(a)	remove the liability of any person to be convicted of a relevant supply offence, or
(b)	affect the punishment that may be imposed for any such offence.

Drug Misuse and Trafficking Amendment (Ongoing Dealing) Act 1998 No 73

Amendment of Drug Misuse and Trafficking Act 1985 Schedule 1

(9)

Exemption—lawful supply

Nothing in this section renders unlawful the supply of a prohibited drug by:

(a)	a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966, or
(b)	a person acting in accordance with an authority granted by the Director-General of the Department of Health where the Director-General is satisfied that the supply of the prohibited drug is for the purpose of scientific research, instruction, analysis or study.

(10) Definitions

In this section:

cannabis means cannabis leaf, cannabis oil, cannabis
plant and cannabis resin.

relevant supply offence means any offence under this Act (other than under this section) relating to the supply

of a prohibited drug.

Drug Misuse and Trafficking Amendment (Ongoing Dealing) Act 1998 No 73

Schedule 2	Consequential amendments to other Acts
Schedule 2	Consequential amendments to other Acts

(Section 4)

2.1	Bail Act 1978 No 161
Section 9 Presumption in favour of bail for certain offences— exceptions
Insert after section 9 (1) (d):

(d1)

the following offences under the Drug Misuse and

Trafficking Act 1985:

(i)	an offence under section 25A of that Act (Offence of supplying prohibited drugs on an ongoing basis),
(ii)	an offence under section 26 of that Act of conspiring to commit an offence referred to in subparagraph (i),
(iii)	an offence under section 27 of that Act of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in subparagraph (i),
(iv)	an offence under section 28 of that Act of conspiring to commit, or of aiding, abetting, counselling or procuring the commission of, an offence under the provisions of a law in force outside New South Wales that corresponds to section 25A of that Act,

2.2	Confiscation of Proceeds of Crime Act 1989 No 90
Section 4 Definitions
Insert after paragraph (c) of the definition of drug trafficking offence in section 4 (1):

(cl) section 25A (offence of supplying prohibited

drugs on an ongoing basis),

Drug Misuse and Trafficking Amendment (Ongoing Dealing) Act 1998 No 73

Consequential amendments to other Acts	Schedule 2
2.3	Criminal Assets Recovery Act 1990 No 23
[1]	Section 6 Meaning of “serious crime related activity”
Insert after paragraph (c) of the definition of drug trafficking offence in section 6 (3):

(cl) section 25A (Offence of supplying prohibited drugs on an ongoing basis),

[2]        Section 6 (3), definition of “drug trafficking offence”

Omit “or (c)” wherever occurring in paragraphs (d)–(f).
Insert instead “, (c) or (cl)”.

[Minister’s second reading speech made i n —

Legislative Assembly on 7 May 1998 Legislative Council on 24 June 1998]