Northern Territory Numbered Acts

JUSTICE LEGISLATION AMENDMENT (DRUG OFFENCES) ACT 2016 (NO 17 OF 2016) - SECT 6

Sections 5 to 8

repeal, insert

5     Supply of dangerous drug – commercial quantity

    (1)     A person commits an offence if:

    (a)     the person intentionally supplies, or takes part in the supply of, a substance or thing to another person; and

    (b)     the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and

    (c)     a commercial quantity of the dangerous drug is supplied.

Maximum penalty:

    (a)     for the supply of a Schedule 1 drug – imprisonment for 25 years; or

    (b)     for the supply of a Schedule 2 drug – imprisonment for 14 years.

    (2)     Absolute liability applies to subsection (1)(c).

5A     Supply of dangerous drug – less than commercial quantity

    (1)     A person commits an offence if:

    (a)     the person intentionally supplies, or takes part in the supply of, a substance or thing to another person; and

    (b)     the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and

    (c)     less than a commercial quantity of the dangerous drug is supplied.

Maximum penalty:

    (a)     for the supply of a Schedule 1 drug – imprisonment for 14 years; or

    (b)     for the supply of a Schedule 2 drug – 500 penalty units or imprisonment for 5 years.

    (2)     Absolute liability applies to subsection (1)(c).

5B     Supply of dangerous drug to child – commercial quantity

    (1)     A person who is an adult (the adult ) commits an offence if:

    (a)     the adult intentionally supplies, or takes part in the supply of, a substance or thing to another person; and

    (b)     the substance or thing is a dangerous drug and the adult is reckless in relation to that circumstance; and

    (c)     a commercial quantity of the dangerous drug is supplied; and

    (d)     the other person is a child.

Maximum penalty:

    (a)     for the supply of a Schedule 1 drug – imprisonment for life; or

    (b)     for the supply of a Schedule 2 drug – imprisonment for 25 years.

    (2)     Absolute liability applies to subsection (1)(c) and (d).

5C     Supply of dangerous drug to child – less than commercial quantity

    (1)     A person who is an adult (the adult ) commits an offence if:

    (a)     the adult intentionally supplies, or takes part in the supply of, a substance or thing to another person; and

    (b)     the substance or thing is a dangerous drug and the adult is reckless in relation to that circumstance; and

    (c)     less than a commercial quantity of the dangerous drug is supplied; and

    (d)     the other person is a child.

Maximum penalty:

    (a)     for the supply of a Schedule 1 drug – imprisonment for life; or

    (b)     for the supply of a Schedule 2 drug – imprisonment for 14 years.

    (2)     Absolute liability applies to subsection (1)(c) and (d).

5D     Supply of dangerous drug in indigenous community – less than commercial quantity

    (1)     A person commits an offence if:

    (a)     the person intentionally supplies, or takes part in the supply of, a substance or thing to another person; and

    (b)     the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and

    (c)     less than a commercial quantity of the dangerous drug is supplied; and

    (d)     the dangerous drug is a Schedule 2 drug; and

    (e)     the dangerous drug is supplied in an indigenous community.

Maximum penalty:     Imprisonment for 9 years.

    (2)     Absolute liability applies to subsection (1)(c), (d) and (e).

5E     Application of offences

Sections 5 to 5D apply in relation to the supply of a dangerous drug:

    (a)     regardless of whether the drug is supplied to a person in the Territory; or

    (b)     if the drug is supplied to a person at a place outside the Territory – regardless of whether the supply of the drug to the person constitutes an offence in that place.

6     Cultivation of prohibited plant – commercial quantity

    (1)     A person commits an offence if:

    (a)     the person intentionally cultivates, or takes part in the cultivation of, a plant; and

    (b)     the plant is a prohibited plant and the person is reckless in relation to that circumstance; and

    (c)     a commercial quantity of the prohibited plant is cultivated.

Maximum penalty:     Imprisonment for 25 years.

    (2)     Absolute liability applies to subsection (1)(c).