New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 33AC

33AC Penalties for offences involving manufacture or production in presence of children or procuring children to supply prohibited drugs

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

(a) an offence under section 24 (1A) or (2A) or 25 (2C) or (2D),

(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 24 (1A) or (2A) or 25 (2C) or (2D).

(2) The penalty for an offence under section 24 (1A) or 25 (2C), or an offence referred to in subsection (1) (b)-(d) that relates to an offence under section 24 (1A) or 25 (2C), is a fine of 2,400 penalty units or imprisonment for 18 years, or both.

(3) The penalty for an offence under section 24 (2A) or 25 (2D), or an offence referred to in subsection (1) (b)-(d) that relates to an offence under section 24 (2A) or 25 (2D), is a fine of 4,200 penalty units or imprisonment for 25 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 drug concerned, the penalty for the offence is a fine of 6,000 penalty units or imprisonment for life, or both.

(5) In this section--

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