New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 36J

36J Contraventions

(1) A contravention of this Division or the regulations in relation to a licensed injecting centre, or of the licence conditions for a licensed injecting centre, may be dealt with--

(a) by one or more of the following--

(i) a warning or reprimand administered in writing by the responsible authorities,

(ii) a fine (not exceeding an amount equal to 100 penalty units) imposed by the responsible authorities,

(iii) suspension of the licence by the responsible authorities for a specified period or until further notice, or

(b) by revocation of the licence by the responsible authorities.

(2) If the contravention also gives rise to an offence--

(a) the fact that action has been taken under this section in relation to the contravention does not prevent a penalty from being imposed for the offence, and

(b) the fact that a penalty has been imposed for the offence does not prevent action from being taken under this section in relation to the contravention.

(3) A fine imposed under this section is payable to either responsible authority within the period specified by the responsible authorities, and is to be paid into the Consolidated Fund.

(4) If a licensee fails to pay a fine imposed under this section (in whole or in part), the responsible authorities may suspend or revoke the licence.

(5) Nothing in this section prevents the responsible authorities from amending or imposing a condition as a consequence of a contravention referred to in subsection (1).

(6) The responsible authorities are authorised to suspend or revoke a licence for the purposes of this section.

(7) A contravention referred to in subsection (1)--

(a) does not limit the operation of section 36O, except to the extent that the contravention gives rise to an offence under the regulations made for the purposes of this Part, and

(b) does not limit the operation of section 36P.

(8) A contravention relating to the admission of a child to a licensed injecting centre is not committed if the licensee establishes that, having regard to the relevant provisions of the centre's internal management protocols, it was not apparent to the centre's staff that the person concerned was a child.