New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 36Z

36Z Offence of organising drug premises

(1) A person who organises or conducts, or assists in organising or conducting, any drug premises is guilty of an offence.

: Maximum penalty--

(a) for a first offence--50 penalty units or imprisonment for 12 months (or both), and

(b) for a second or subsequent offence--500 penalty units or imprisonment for 5 years (or both).

(2) A person who organises or conducts, or assists in organising or conducting, any drug premises is guilty of an offence if the person knows that a child has access to the premises and, as a consequence of that access, the child is exposed to--

(a) a prohibited drug or prohibited plant, or

(b) a drug supply process, or

(c) any equipment capable of being used to administer a prohibited drug.

: Maximum penalty--

(a) for a first offence--60 penalty units or imprisonment for 14 months (or both), and

(b) for a second or subsequent offence--600 penalty units or imprisonment for 6 years (or both).

(3) For the purposes of this section, a person assists in organising or conducting drug premises if, for example, the person acts as a lookout, door attendant or guard in respect of any premises that are organised or conducted as drug premises.

(4) It is a defence to a prosecution for an offence under subsection (1) or (2) if the defendant establishes that he or she did not know, and could not reasonably be expected to have known, that the premises to which the charge relates were being organised or conducted as drug premises.

(5) It is a defence to a prosecution for an offence under subsection (2) if the defendant establishes that the exposure of the child to a prohibited drug or prohibited plant, to a drug supply process, or to equipment capable of being used to administer a prohibited drug, did not endanger the health or safety of the child.

(6) If, on the trial of a person for an offence under subsection (2), the jury--

(a) is not satisfied that the person knew a child had access to the premises, or

(b) is not satisfied that a child was exposed to a prohibited drug or prohibited plant, a drug supply process or equipment capable of being used to administer a prohibited drug, or

(c) is satisfied that the defence referred to in subsection (5) has been made out,

the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) and the person is liable to punishment accordingly.

(7) For the purposes of this section, a
"drug supply process" is any method used to supply or manufacture prohibited drugs or to cultivate prohibited plants.