New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 25A

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.

(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.

(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.