Victorian Numbered Acts Victorian Numbered Acts(1) For the note at the foot of section 71(1) of the Drugs, Poisons and Controlled Substances Act 1981 substitute —
" Notes
1 An offence against subsection (1) is a category 1 offence
under the Sentencing Act 1991 .
See section 5(2G) of that Act for the
requirement
to impose a custodial order for this offence.
2 An offence against subsection (1) is a serious
drug offence
for the purposes of the Confiscation
Act 1997 . On the conviction of a person
for a serious drug offence, the court must make an order under
section 89DI of the Sentencing Act 1991 declaring
the person to be a
serious drug offender.".
(2) At the foot of section 71AA of the Drugs, Poisons and Controlled Substances Act 1981 insert —
" Note
An offence against this section is a category 2 offence
under the
Sentencing Act 1991 . See subsection (2H)
of section 5 of that Act for the
requirement to impose a custodial order for this offence unless the
circumstances
set out in paragraphs (a) to (e) of that subsection exist.".
(3) For the note at the foot of section 72 of the Drugs, Poisons and Controlled Substances Act 1981 substitute —
" Notes
1 An offence against this section is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
2 An offence against this section is a serious drug offence for
the purposes of the Confiscation
Act 1997 . On the conviction of a person for
a
serious drug offence, the court must make an order under section 89DI of the
Sentencing Act 1991 declaring the person to be a serious drug offender.".
(4) At the foot of section 72A of the Drugs, Poisons and Controlled Substances Act 1981 insert —
" Note
An offence against this section is a category 2 offence
under the
Sentencing Act 1991 . See subsection (2H)
of section 5 of that Act for the
requirement to impose a custodial order for this offence unless the
circumstances
set out in paragraphs (a) to (e) of that subsection exist.".