Victorian Numbered Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT ACT 2016 (NO. 2 OF 2016) - SECT 10

After section 71D of the Principal Act insert —

        " 71E     Possession of document containing information about trafficking or cultivating a drug of dependence

    (1)     A person who, without being authorised by or licensed under this Act or the regulations to do so or otherwise without a reasonable excuse, possesses a document containing instructions for the trafficking or cultivation of a drug of dependence is guilty of an indictable offence and liable to a penalty of not more than 600 penalty units or level 6 imprisonment (5 years maximum) or both.

Note

See the definition of document in section 38 of the Interpretation of Legislation Act 1984 . See the definition of "traffick" in this Part which includes manufacturing a drug of dependence and also section 71(2).

    (2)     Section 104 does not apply to an offence against this section.

        71F     Publication of document containing instructions

    (1)     A person who, without being authorised by or licensed under this Act or the regulations to do so or otherwise without a reasonable excuse, publishes a document containing instructions for the trafficking or cultivation of a drug of dependence—

        (a)     with the intention that the instructions will be used by another person for the purposes of the trafficking or cultivation of a drug of dependence; or

        (b)     knowing or being reckless as to whether the instructions will be used by another person for the purpose of the trafficking or cultivation of a drug of dependence—

is guilty of an indictable offence and liable to a penalty of not more than 1200 penalty units or level 5 imprisonment (10 years maximum) or both.

    (2)     For the purposes of subsection (1), it is irrelevant whether the document or the instructions contained in the document actually work to traffick or cultivate a drug of dependence.

    (3)     For the purposes of this section," publish "includes sell, offer for sale, let on hire, exhibit, display, distribute and demonstrate.

    (4)     Section 104 does not apply to an offence against this section.".