New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 33AD

33AD Penalties for offences with respect to enhanced indoor cultivation of prohibited plants in presence of children

(1) This section applies to the following offences--

(a) an offence under section 23A (1), (2) or (3),

(b) an offence under section 26 of conspiring to commit an offence referred to in paragraph (a),

(c) an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a),

(d) an offence under section 28 of conspiring to commit, or of aiding, abetting, counselling, procuring, soliciting or inciting the commission of, an offence under a law in force outside New South Wales which corresponds to section 23A (1), (2) or (3).

(2) Except as provided by sections 30 and 31, the penalty for an offence under section 23A (1), or an offence referred to in subsection (1) (b)-(d) that relates to an offence under section 23A (1), is a fine of 2,400 penalty units or imprisonment for 12 years, or both.

(3) The penalty for an offence under section 23A (2) or (3), or an offence referred to in subsection (1) (b)-(d) that relates to an offence under section 23A (2) or (3), is a fine of 4,200 penalty units or imprisonment for 18 years, or both.

(4) Despite subsection (3), if the court is satisfied that an offence referred to in that subsection involved not less than the large commercial quantity of the prohibited plant concerned, the penalty for the offence is a fine of 6,000 penalty units or imprisonment for 24 years, or both.

(5) In this section--

"large commercial quantity" , in relation to a prohibited plant, means the number or amount, if any, specified opposite the plant in Column 5 of Schedule 1.