New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 34

34 Drug trafficker declaration

(1) The Director of Public Prosecutions or a police prosecutor may apply to an appropriate court for a declaration against a person convicted of a serious drug offence (a
"drug trafficker declaration" ).

(2) The application may be made-

(a) during sentencing proceedings for the serious drug offence, or

(b) at another time.

(3) The court must, on the application being made, make a drug trafficker declaration against a person if the court is satisfied the person has been convicted of-

(a) at least 3 serious drug offences in the previous 10 years, or

(b) a serious drug offence involving a commercial quantity of a prohibited drug or prohibited plant, or

(c) a serious drug offence and the court is satisfied the person is or was a member of a criminal group.

(4) A drug trafficker declaration is taken to be revoked if the conviction in reliance on which the declaration was made is quashed or set aside.

(5) A drug trafficker declaration expires 5 years after the day on which the declaration is made.

(6) In this section-

"commercial quantity" ,
"prohibited drug" and
"prohibited plant" have the same meanings as in the Drug Misuse and Trafficking Act 1985 .

"criminal group" has the same meaning as in the Crimes Act 1900 , Part 3A, Division 5.

"serious drug offence" has the same meaning as in the Drug Supply Prohibition Order Pilot Scheme Act 2020 , section 5(2).