Drugs, Poisons and Controlled Substances (Amendment) Act 2001 (Vic)

Drugs, Poisons and Controlled Substances

(Amendment) Act 2001

Act No. 61/2001

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2

PART 2—AMENDMENTS TO THE PRINCIPAL ACT 4

4.	New definitions	4
5.	Section 71 substituted and new sections 71AA to 71AC inserted	9

71.          Trafficking in a drug or drugs of dependence—large

commercial quantity 9

71AA. Trafficking in a drug or drugs of dependence—

commercial quantity 9

71AB. Trafficking in a drug of dependence to a child	10
71AC. Trafficking in a drug of dependence	10

6. Section 72 substituted and new sections 72A to 72C inserted 10

72.          Cultivation of narcotic plants—large commercial

quantity 10
72A.	Cultivation of narcotic plants—commercial quantity 10
72B.	Cultivation of narcotic plants 11
72C.	Defence to prosecution for offences involving
cultivation 11

7.	Consequential amendments—section references	12
8.	Parts 2 and 3 of Schedule Eleven substituted	12
9.	Amendment of Part heading	15
10.	Transitional provision inserted	15

137.        Transitional provisions—Drugs, Poisons and

Controlled Substances (Amendment) Act 2001 15

PART 3—AMENDMENT OF OTHER ACTS 17

11.	Consequential amendment to Confiscation Act 1997	17
12.	Amendment of Schedule 4 to Magistrates' Court Act 1989	19
13.	Amendment of Bail Act 1977—exceptional circumstances	19

i

Section Page

14.	Amendment of the Sentencing Act 1991	20
15.	Amendment of Juries Act 2000	21
16.	Consequential amendment of other Acts	21

═══════════════

ENDNOTES 24

ii

Victoria

No. 61 of 2001

Drugs, Poisons and Controlled

Substances (Amendment) Act 2001†

[Assented to 23 October 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a) to amend the Drugs, Poisons and Controlled Substances Act 1981 to make provision in relation to offences relating to trafficking in and cultivating drugs of dependence and to provide for the

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001 s. 2

aggregation of certain quantities of drugs of

dependence;

(b)	to amend the Confiscation Act 1997 in relation to offences of trafficking in drugs of dependence and cultivating drugs of dependence which are narcotic plants;
(c)	to amend Schedule 4 to the Magistrates' Court Act 1989 in relation to certain indictable drug offences triable summarily;
(d)	to amend the Juries Act 2000 in relation to unanimous verdicts in trials for certain drug offences;
(e)	to amend the Bail Act 1977 in relation to bail for offences of trafficking in drugs of dependence and cultivating drugs of

dependence which are narcotic plants;

(f) to make consequential amendments to various other Acts.

2. Commencement

(1) Subject to sub-section (2), this Act comes into

operation on a day to be proclaimed.

(2) If this Act does not come into operation before 1 January 2002, it comes into operation on that day.

3. Principal Act

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001

See:	In this Act, the Drugs, Poisons and Controlled
Act No.
9719.	Substances Act 1981 is called the Principal Act.
Reprint No. 5
as at
31 December
1998
and amending Act Nos 12/1999, 26/1999, 18/2000, 74/2000, 94/2000 and S.R. Nos 107/1999 and 85/2000. LawToday: dpc.vic. gov.au

_______________
Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001 s. 4

PART 2—AMENDMENTS TO THE PRINCIPAL ACT

4. New definitions

(1) In section 70(1) of the Principal Act, insert the

following definitions—

' "aggregated commercial quantity", in relation

to 2 or more drugs of dependence, means a

quantity determined as follows—

(a) the quantity of each drug of dependence involved in the alleged offence is determined as a fraction of—

(i)  in the case of a drug of dependence which is a narcotic plant, the commercial quantity specified in column 2 of Part 2 of Schedule Eleven in respect of that drug of dependence; and

(ii) dependence, the commercial
quantity specified in column 2 of
Part 3 of Schedule Eleven in

in the case of any other drug of dependence; and

(b)	the fractions determined under paragraph (a) are added together; and
(c)	the quantity is an aggregated commercial quantity if the total of those fractions when added together is equal to or greater than the number "1";

Example 1

Jack is in possession of 200 grams of heroin, 200 grams of amphetamine and 800 grams of tetrahydrocannabinol. The individual

commercial quantities for each of those drugs is
250 grams, 250 grams and 1 kilogram

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

s. 4	Act No. 61/2001
respectively (as set out in column 2 of Part 3 of Schedule Eleven), so Jack would not be guilty of trafficking in a commercial quantity of each of those individual drugs of dependence.
To aggregate the individual quantities,
determine the quantities involved as fractions
of the specified commercial quantities:
200/250 (heroin), 200/250 (amphetamine) and 800/1000
(tetrahydrocannabinol) ie 4/5 plus 4/5 plus 4/5. is 12/5 or 2·4 which is a number greater than 1. Jack is therefore in possession of a quantity which is not less than an aggregated commercial quantity of 2 or more drugs of dependence.
Example 2
Jill is in possession of 80 cannabis plants and 800 grams of tetrahydrocannabinol. The individual commercial quantities for each
respectively (as set out in column 2 of Part 2 of
of those drugs is 100 plants and 1 kilogram Schedule Eleven), so Jill would not be guilty of trafficking in a commercial quantity of each of those individual drugs of dependence.
To aggregate the individual quantities,
determine the quantities involved as fractions
of the specified commercial quantities:
80/100 (cannabis plants) and 800/1000 (tetrahydrocannabinol) ie 8/10 plus 8/10.
The total of the fractions when added together is 16/10 or 1·6 which is a number greater than 1. Jill is therefore in possession of a quantity
which is not less than an aggregated commercial quantity of 2 or more drugs of dependence.

Note: Quantities are to be calculated on the quantity

specified for a drug of dependence in column 2 of Part 2 of Schedule Eleven (for narcotic plants) and column 2 of Part 3 of Schedule Eleven (for other

drugs of dependence) whether or not that drug of dependence is contained in or mixed with another substance. The other substances contained in or

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001 s. 4

mixed with a mixture of drug and substance are not to

be included in the calculation.

"aggregated large commercial quantity", in

relation to 2 or more drugs of dependence, means a quantity determined as follows—

(a)	the quantity of each drug of dependence involved in the alleged offence is determined as a fraction of—
(i)	dependence which is a narcotic plant, the large commercial quantity specified in column 1A

in the case of a drug of respect of that drug of dependence; and

(ii) dependence, the large commercial
quantity specified in column 1A

in the case of any other drug of respect of that drug of dependence; and

(b)	the fractions determined under paragraph (a) are added together; and
(c)	the quantity is an aggregated large commercial quantity if the total of those fractions when added together is equal to or greater than the number "1";

Note: Quantities are to be calculated on the quantity

specified for a drug of dependence in column 1A of Part 2 of Schedule Eleven (for narcotic plants) and column 1A of Part 3 of Schedule Eleven (for other drugs of dependence) whether or not that drug of
dependence is contained in or mixed with another
substance. The other substances contained in or
mixed with a mixture of drug and substance are not to
be included in the calculation.

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

s. 4 Act No. 61/2001

"cultivate", in relation to a narcotic plant

includes—

(a) sow a seed of a narcotic plant; or

(b) plant, grow, tend, nurture or harvest a narcotic plant;

"large commercial quantity"—

(a)	in relation to a drug of dependence the name of which is specified in column 1 of Part 2 of Schedule Eleven, means the quantity, or the number of plants, that is specified in column 1A of that Part of
that Schedule opposite to the name of that drug of dependence;
(b)	in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven—

(i) contained in or mixed with
another substance and the quantity

if that drug of dependence is dependence and other substance is not less than the quantity specified in column 1B of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or

(ii)  in any other case, means the quantity that is specified in column 1A of that Part of that Schedule opposite to the name of that drug of dependence;

(c) in relation to 2 or more drugs of dependence, means an aggregated large commercial quantity of those drugs;'.

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001 s. 4

(2) In section 70(1) of the Principal Act, for the

definition of "commercial quantity" substitute—

' "commercial quantity"—

(a) in relation to a drug of dependence the name of which is specified in column 1 of Part 1 of Schedule Eleven, means the quantity that is specified in column 2 of that Part of that Schedule opposite to

the name of that drug of dependence;

(b)	in relation to a drug of dependence the name of which is specified in column 1 of Part 2 of Schedule Eleven, means the quantity, or the number of plants, that is specified in column 2 of that Part of
that Schedule opposite to the name of that drug of dependence;
(c)	in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven—

(i) contained in or mixed with
another substance and the quantity

if that drug of dependence is dependence and other substance is not less than the quantity specified in column 2A of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or

(ii)

in any other case, means the column 2 of that Part of that

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

s. 5 Act No. 61/2001

Schedule opposite to the name of that drug of dependence;

(d) in relation to 2 or more drugs of dependence, means an aggregated commercial quantity of those drugs;'.

5.  Section 71 substituted and new sections 71AA to 71AC inserted

For section 71 of the Principal Act substitute—

"71. Trafficking in a drug or drugs of

dependence—large commercial quantity

A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or

more drugs of dependence that is not less
than the large commercial quantity
applicable to that drug of dependence or
those drugs of dependence is guilty of an

indictable offence and liable—

(a) to level 1 imprisonment (life); and

(b) in addition to imprisonment, to a penalty of not more than 5000 penalty units.

71AA. Trafficking in a drug or drugs of

dependence—commercial quantity

A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or

more drugs of dependence that is not less
than the commercial quantity applicable to
that drug of dependence or those drugs of
dependence is guilty of an indictable offence
and liable to level 2 imprisonment (25 years
maximum).

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001 s. 6

71AB. Trafficking in a drug of dependence to a

child

A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a drug of dependence to a child is guilty of an indictable offence and liable to level 3

imprisonment (20 years maximum).

71AC. Trafficking in a drug of dependence

A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a drug of dependence is guilty of an indictable offence and liable to level 4 imprisonment

(15 years maximum).".

6.  Section 72 substituted and new sections 72A to 72C inserted

For section 72 of the Principal Act substitute—

"72. Cultivation of narcotic plants—large

commercial quantity

A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant in a quantity of a drug of

dependence, being a narcotic plant, that is
not less than the large commercial quantity
applicable to that narcotic plant is guilty of

an indictable offence and liable—

(a) to level 1 imprisonment (life); and

(b) in addition to imprisonment, to a penalty of not more than 5000 penalty units.

72A. Cultivation of narcotic plants—commercial

quantity

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

s. 6 Act No. 61/2001

A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant in a quantity of a drug of

dependence, being a narcotic plant, that is
not less than the commercial quantity
applicable to that narcotic plant is guilty of
an indictable offence and liable to level 2

imprisonment (25 years maximum).

72B. Cultivation of narcotic plants

A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant is guilty of an indictable

offence and liable—

(a) if the trial judge (or magistrate on a summary hearing) is satisfied on the balance of probabilities that the offence

was not committed by the person for any purpose related to trafficking in that plant, to level 8 imprisonment (1

year maximum) or a penalty of not more than 20 penalty units or both; or
(b)	in any other case, to level 4 imprisonment (15 years maximum).

72C. Defence to prosecution for offences

involving cultivation

It is a good defence to a prosecution for an
offence against section 72, 72A or 72B
involving the cultivation of a narcotic plant
if the person charged with the offence
adduces evidence which satisfies the court
on the balance of probabilities that, having
regard to all the circumstances (including his
or her conduct) in which the matter alleged
to constitute the offence arose or preparatory

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

s. 7
s. 8

Act No. 61/2001

to the alleged commission of the offence, he or she did not know or suspect and could not reasonably have been expected to have

known or suspected that the narcotic plant

was a narcotic plant.".

7. Consequential amendments—section references

In the Principal Act—

(a)	in section 76(1)(a)(i), for "section 72" substitute "section 72B";
(b)	in section 79(1), for "sections 71, 71A, 71B, 72" substitute "sections 71, 71AA, 71AB, 71AC, 71A, 71B, 72, 72A, 72B";

(c) in section 80(1)—

(i)

for "sections 71, 71A, 71B, 72" 71AC, 71A, 71B, 72, 72A, 72B";

(ii)

for "sections 71, 72" substitute 71B, 72, 72A, 72B";

(d)	in section 80(4), for "sections 71 to 75" substitute "sections 71, 71AA, 71AB, 71AC, 71A, 71B, 72, 72A, 72B, 73, 74, 75";
(e)	in section 122A(1)(c), for "section 71, 71A, 71B, 72" substitute "section 71, 71AA, 71AB, 71AC, 71A, 71B, 72, 72A, 72B".

8. Parts 2 and 3 of Schedule Eleven substituted

For Parts 2 and 3 of Schedule Eleven to the

Principal Act substitute—

"PART 2
Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001

Column 1 Column 1A Column 2 Column 3 Column 4

(Large Commercial (Commercial (Traffickable (Small

Quantity) Quantity) Quantity) Quantity)

Plant	Quantity	Quantity	Quantity	Quantity
Cannabis L.	250 kg or	25·0 kg or	250·0 g or	50·0 g

1000 plants 100 plants 10 plants

Erythroxylum coca Lam	80·0 kg	800·0 g
Erythroxylum nova-granatense (Morris) Hier	80·0 kg	800·0 g
Papaver bracteatum Lindley Papaver somniferum L.	10·0 kg	100·0 g
10.0 kg	100.0 g

PART 3

Column 1	Column 1A	Column 1B	Column 2	Column 2A	Column 3	Column 4
(Large	(Large	(Commercial	(Commercial	(Traffickable	(Small
Commercial	Commercial	Quantity)	Quantity)	Quantity)	Quantity)
Quantity)	Quantity)
Drug	Quantity	Quantity of	Quantity	Quantity of	Quantity	Quantity
mixture of	mixture of
substance	substance
and drug of	and drug of
dependence	dependence
AMPHETAMINE	750·0 g	2·50 kg	250·0 g	1·25 kg	6·0 g	1·0 g
COCAINE	750·0 g	1·0 kg	250·0 g	500·0 g	3·0 g	1·0 g
DIACETYLMORPHINE	750·0 g	1·0 kg	250·0 g	500·0 g	3·0 g	1·0 g
(Heroin)
LYSERGIC ACID	150·0 mg	50·0 mg	1·5 mg	0·2 mg
DIETHYLAMIDE
METHYLAMPHETAMINE	750·0 g	2·50 kg	250·0 g	1·25 kg	6·0 g	1·0 g
METHYLENEDIOXY-	750·0 g	1·0 kg	100·0 g	500·0 g	3·0 g	0·75 g
AMPHETAMINES
3,4-METHYLENEDIOXY-	750·0 g	1·0 kg	100·0 g	500·0 g	3·0 g	0·75 g
AMPHETAMINE (MDA)
3,4-METHYLENEDIOXY-N-	750·0 g	1·0 kg	100·0 g	500·0 g	3·0 g	0·75 g
METHYLAMPHETAMINE
(MDMA)
TETRAHYDROCANNABINOL	3·0 kg	25·0 kg	1·0 kg	10·0 kg	25·0 g	1·0 g
ANABOLIC AND ANDROGENIC STEROIDAL AGENTS, other than in implant preparations for use in animals	5·0 kg	5·0 kg	500·0 g	50·0 g
ATAMESTANE	5·0 kg	5·0 kg	500·0 g	50·0 g
BOLANDIOL	5·0 kg	5·0 kg	500·0 g	50·0 g
BOLASTERONE	5·0 kg	5·0 kg	500·0 g	50·0 g
BOLAZINE	5·0 kg	5·0 kg	500·0 g	50·0 g
BOLDENONE	5·0 kg	5·0 kg	500·0 g	50·0 g

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001 s. 8

Column 1	Column 1A	Column 1B	Column 2	Column 2A	Column 3	Column 4
(Large	(Large	(Commercial	(Commercial	(Traffickable	(Small
Commercial	Commercial	Quantity)	Quantity)	Quantity)	Quantity)
Quantity)	Quantity)
Drug	Quantity	Quantity of	Quantity	Quantity of	Quantity	Quantity
mixture of	mixture of
substance	substance
and drug of	and drug of
dependence	dependence
BOLENOL	5·0 kg	5·0 kg	500·0 g	50·0 g
CALUSTERONE	5·0 kg	5·0 kg	500·0 g	50·0 g
CHLORANDROSTENOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
CLOSTEBOL	5·0 kg	5·0 kg	500·0 g	50·0 g
DANAZOL	5·0 kg	5·0 kg	500·0 g	50·0 g
DIHYDROLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
DIMETHANDROSTANOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
DROSTANOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
ENESTEBOL	5·0 kg	5·0 kg	500·0 g	50·0 g
EPITIOSTANOL	5·0 kg	5·0 kg	500·0 g	50·0 g
ETHYLDIENOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
ETHYLOESTRENOL	5·0 kg	5·0 kg	500·0 g	50·0 g
FLUOXYMESTERONE	5·0 kg	5·0 kg	500·0 g	50·0 g
FORMEBOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
FURAZABOL	5·0 kg	5·0 kg	500·0 g	50·0 g
HYDROXYSTENOZOL	5·0 kg	5·0 kg	500·0 g	50·0 g
MEBOLAZINE	5·0 kg	5·0 kg	500·0 g	50·0 g
MEPITIOSTANE	5·0 kg	5·0 kg	500·0 g	50·0 g
MESABOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
MESTANOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
MESTEROLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
METHANDIENONE	5·0 kg	5·0 kg	500·0 g	50·0 g
METHANDRIOL	5·0 kg	5·0 kg	500·0 g	50·0 g
METHENOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
METHYLCLOSTEBOL	5·0 kg	5·0 kg	500·0 g	50·0 g
METHYLTESTOSTERONE	5·0 kg	5·0 kg	500·0 g	50·0 g
METHYLTRIENOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
METRIBOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
MIBOLERONE	5·0 kg	5·0 kg	500·0 g	50·0 g
NANDROLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
NORANDROSTENOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
Column 1	Column 1A	Column 1B	Column 2	Column 2A	Column 3	Column 4
(Large	(Large	(Commercial	(Commercial	(Traffickable	(Small
Commercial	Commercial	Quantity)	Quantity)	Quantity)	Quantity)
Quantity)	Quantity)
Drug	Quantity	Quantity of	Quantity	Quantity of	Quantity	Quantity
mixture of	mixture of
substance	substance
and drug of	and drug of
dependence	dependence
NORBOLETHONE	5·0 kg	5·0 kg	500·0 g	50·0 g

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

s. 9 Act No. 61/2001

NORCLOSTEBOL	5·0 kg	5·0 kg	500·0 g	50·0 g
NORETHANDROLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
NORMETHANDRONE	5·0 kg	5·0 kg	500·0 g	50·0 g
OVANDROTONE	5·0 kg	5·0 kg	500·0 g	50·0 g
OXABOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
OXANDROLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
OXYMESTERONE	5·0 kg	5·0 kg	500·0 g	50·0 g
OXYMETHOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
PRASTERONE	5·0 kg	5·0 kg	500·0 g	50·0 g
PROPETANDROL	5·0 kg	5·0 kg	500·0 g	50·0 g
QUINBOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
ROXIBOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
SILANDRONE	5·0 kg	5·0 kg	500·0 g	50·0 g
STANOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
STANOZOLOL	5·0 kg	5·0 kg	500·0 g	50·0 g
STENBOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g
TESTOLACTONE	5·0 kg	5·0 kg	500·0 g	50·0 g
TESTOSTERONE, other than in implant preparations for use in animals	5·0 kg	5·0 kg	500·0 g	50·0 g
THIOMESTERONE	5·0 kg	5·0 kg	500·0 g	50·0 g
TRENBOLONE, other than in implant preparations for use in animals	5·0 kg	5·0 kg	500·0 g	50·0 g
TRESTOLONE	5·0 kg	5·0 kg	500·0 g	50·0 g

Note: kg = kilogram

g = gram

mg = milligram".

9. Amendment of Part heading

In the heading to Part XII of the Principal Act,
omit "CONCERNING THE POISONS

CODE".

10. Transitional provision inserted

In Part XII of the Principal Act, at the end of that
Part insert—

"137. Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 2001

(1) The amendments to this Act made by the

Drugs, Poisons and Controlled Substances
(Amendment) Act 2001 apply only to

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001 s. 10

offences alleged to have been committed

after the commencement of that Act.

(2) For the purposes of sub-section (1), if an

offence is alleged to have been committed
between two dates, one before and one on or
after the commencement of the Drugs,
Poisons and Controlled Substances
(Amendment) Act 2001, the offence is
alleged to have been committed before the

commencement of that Act.".

_______________
Drugs, Poisons and Controlled Substances (Amendment) Act
2001

s. 11 Act No. 61/2001

PART 3—AMENDMENT OF OTHER ACTS

11. Consequential amendment to Confiscation Act 1997

See:

Act No.	(1) In Schedule 2 to the Confiscation Act 1997, in
108/1997.	clause 1—
Reprint No. 1
as at	(a) for paragraph (a) substitute—
1 July 1998
and	"(a) section 71 (trafficking in a quantity of a drug or
amending	drugs of dependence that is not less than the
Act Nos
85/1998,	large commercial quantity applicable to that
44/1999,	drug or those drugs);
54/2000 and
74/2000.	(ab) section 71AA (trafficking in a quantity of a
LawToday:	drug or drugs of dependence that is not less
than the commercial quantity applicable to that
dpc.vic.	drug or those drugs);";
gov.au

(b) for paragraph (b) substitute—

"(b) section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant);

(ba) section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant);";

(c) in paragraph (c) for "paragraph (a) or (b)" substitute "paragraph (a), (ab), (b) or (ba)";

(d) in paragraph (d)—

(i)

for "paragraph (a) or (b)" (where twice (ab), (b) or (ba)";

(ii)  for "section 71(1) or 72(1)" substitute "section 71, 71AA, 72 or 72A".

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001 s. 11

(2) In Schedule 3 to the Confiscation Act 1997, in

clause 1—

(a) for paragraph (a) substitute—

"(a) section 71 (trafficking in a quantity of a drug or

drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs);

(ab) section 71AA (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that

drug or those drugs);";

(b) for paragraph (b) substitute—

"(b) section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant);

(ba) section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant);";

(c) in paragraph (c) for "paragraph (a) or (b)" substitute "paragraph (a), (ab), (b) or (ba)";

(d) in paragraph (d)—

(i)

for "paragraph (a) or (b)" (where twice (ab), (b) or (ba)";

(ii)  for "section 71(1) or 72(1)" substitute "section 71, 71AA, 72 or 72A".

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

s. 12 Act No. 61/2001

12. Amendment of Schedule 4 to Magistrates' Court Act 1989

See:

Act No.	(1) In Schedule 4 to the Magistrates' Court Act
51/1989.	1989, in item 49, after "1981" insert "(except for
Reprint No. 6
as at	offences against sections 71, 71AA, 72 and 72A)".
1 July 1999
and	(2) In Schedule 8 to the Magistrates' Court Act
amending	1989, at the end of that Schedule insert—
Act Nos
35/1999,	"25. The amendment of item 49 in Schedule 4 to this Act
1/2000,	made by the Drugs, Poisons and Controlled
49/2000,
51/2000,	Substances (Amendment) Act 2001 applies to
53/2000,	offences alleged to have been committed before as
69/2000,	well as after the commencement of that Act.".
74/2000, 92/2000, 98/2000, 99/2000 and
2/2001. LawToday: dpc.vic. gov.au

13. Amendment of Bail Act 1977—exceptional circumstances

See:

Act No. (1) In section 4(2)(aa) of the Bail Act 1977, for sub-

9008.   paragraph (i) substitute—

Reprint No. 7
as at	"(i) an offence under section 71, 71AA, 72 or
1 January

1999.   72A of the Drugs, Poisons and Controlled

LawToday:	Substances Act 1981 or an offence of
	dpc.vic.	conspiring to commit any of those offences
gov.au	under section 79(1) of that Act; or".

(2) In section 4(4) of the Bail Act 1977, for paragraph

(ca) substitute—

"(ca) with an offence under section 71AB, 71AC

or 72B of the Drugs, Poisons and offence of conspiring to commit any of those offences under section 79(1) of that Act;".

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001 s. 14

(3) After section 34(3) of the Bail Act 1977 insert—

"(4) The amendments of section 4 made by the

Drugs, Poisons and Controlled Substances (Amendment) Act 2001 apply only with respect to a charge for an offence filed on or after the commencement of that Act.".

14. Amendment of the Sentencing Act 1991

See:

(1) In clause 4(a) of Schedule 1 to the Sentencing Act No.

Act 1991, for sub-paragraphs (i) to (v)	49/1991. Reprint No. 5
substitute—	as at 1 January

"(i)	section 71 (trafficking in a quantity of a drug or drugs	2000
of dependence that is not less than the large	and
commercial quantity applicable to that drug or those	amending
drugs);	Act Nos 1/2000,

(ii) section 71AA (trafficking in a quantity of a drug or drugs of dependence that is not less than the	41/2000,
54/2000, 67/2000 and
commercial quantity applicable to that drug or those	99/2000.
drugs);	LawToday:
(iii) section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is	dpc.vic.
gov.au

not less than the large commercial quantity applicable
to that narcotic plant);

(iv)  section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant);

(v)  section 79(1) or 80(3)(a) (conspiracy) where the conspiracy is to commit an offence against section 71, 71AA, 72 or 72A of that Act or an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act;

(vi)  section 80(1) or 80(3)(b) (aiding and abetting, etc) in circumstances where the offence aided, abetted, counselled, procured, solicited or incited is an offence against section 71, 71AA, 72 or 72A of that Act or an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act;

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

s. 15 Act No. 61/2001

(vii) which the act relates is an offence under a law in

section 80(4) (preparatory act) where the offence to corresponding law in relation to section 71, 71AA, 72 or 72A of that Act;".

(2) In clause 4 of Schedule 1 to the Sentencing Act

1991, paragraph (c) is repealed.

15. Amendment of Juries Act 2000

(1) In section 46(4) of the Juries Act 2000, after

"treason" insert "or an offence against section 71
or 72 of the Drugs, Poisons and Controlled

Substances Act 1981".

(2) In Schedule 6 to the Juries Act 2000, after

clause 10 insert—

"11. Unanimous verdicts

The amendment made to section 46 by the Drugs, Act 2001 applies to criminal trials that commence on or after the commencement of that Act, irrespective of when the offence was committed.".

16. Consequential amendment of other Acts

(1) In the Crimes Act 1958—

(a) in section 464(2), in the definition of "relevant suspect", for "section 71, 72(1)(ab) or 72(1)(b)" (where twice occurring) substitute "section 71, 71AA, 72 or 72A";

(b) in section 464U(3)—

(i)  in paragraph (a), for "section 71, 72(1)(ab) or 72(1)(b)" substitute "section 71, 71AA, 72 or 72A";

(ii)  in paragraph (b), for "section 71, 72(1)(ab) or 72(1)(b)" substitute "section 71, 71AA, 72 or 72A";

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001 s. 16

(c) in Schedule 8, for items 22, 23 and 24 substitute—

"22. An offence against section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs).

23. An offence against section 71AA (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity

applicable to that drug or those drugs).

24.  An offence against section 71AB (trafficking in a drug of dependence to a child).

25.  An offence against section 71AC (trafficking in a drug of dependence).

26.  An offence against section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant).

27.  An offence against section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant).

28.  An offence against section 72B (cultivation of a narcotic plant for a purpose related to trafficking in that narcotic plant).".

(2) In section 3(1) of the Surveillance Devices Act

1999, in the definition of "serious drug offence"—

(a) for paragraph (a) substitute— "(a) section 71 (trafficking in a quantity of a

drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs);

Drugs, Poisons and Controlled Substances (Amendment) Act
2001

s. 16 Act No. 61/2001

(ab) section 71AA (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity

applicable to that drug or those drugs);

(ac) section 71AB (trafficking in a drug of

dependence to a child);

(ad) section 71AC (trafficking in a drug of

dependence);";

(b) for paragraph (d) substitute— "(d) section 72 (cultivation of a narcotic

plant in a quantity of a drug of
dependence, being a narcotic plant, that
is not less than the large commercial
quantity applicable to that narcotic
plant);

(da) section 72A (cultivation of a narcotic

plant in a quantity of a drug of
dependence, being a narcotic plant, that
is not less than the commercial quantity
applicable to that narcotic plant);

(db) section 72B (cultivation of a narcotic

plant for a purpose related to trafficking
in that narcotic plant);

(c)	in paragraph (f), for "paragraph (a), (b), (c), (d) or (e)" substitute "paragraph (a), (ab), (ac), (ad), (b), (c), (d), (da), (db) or (e)";
(d)	in paragraph (g), for "paragraph (a), (b), (c), (d) or (e)" substitute "paragraph (a), (ab), (ac), (ad), (b), (c), (d), (da), (db) or (e)".

(3) In section 86(1) of the Transport Act 1983, in

paragraph (a) of the definition of "level 2
offence", after "section 71" insert ", 71AA, 71AB

or 71AC".

═══════════════
Drugs, Poisons and Controlled Substances (Amendment) Act
2001

Act No. 61/2001 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 16 August 2001

Legislative Council: 26 September 2001

The long title for the Bill for this Act was "to amend the Drugs, Poisons
and Controlled Substances Act 1981 to make provision in relation to
offences relating to trafficking and cultivating drugs of dependence, to
amend the Magistrates' Court Act 1989, the Bail Act 1977, the
Confiscation Act 1997, the Sentencing Act 1991 and the Juries Act
2000, to make consequential amendments to other Acts and for other
purposes."