Victorian Current Acts Victorian Current ActsS. 71B(1) amended by Nos 2/2016 s. 9(1), 20/2016 s. 124(1), 34/2019 s. 26.
(1) Subject to subsection (1A), a person who,
without being authorised by or licensed under this Act or the regulations to
do so—
S. 71B(1)(a) amended by No. 52/2006 s. 10.
(a) supplies a drug of dependence to a child for the purposes of the supply of that drug of dependence by that child to another person, whether a child or adult; or
(b) supplies a drug of dependence to a child for the use of that drug of dependence by that child—
is guilty of an indictable offence and liable to a penalty of not more than 1000 penalty units or level 4 imprisonment (15 years maximum) or both.
S. 71B(1A) inserted by No. 2/2016 s. 9(2), amended by Nos 20/2016 s. 124(2), 34/2019 s. 26.
(1A) A person who, without being authorised by or licensed under this Act or the regulations to do so—
(a) supplies a drug of dependence to a child at a school or in a public place within 500 metres of a school for the purposes of the supply of that drug of dependence by that child to another person, whether a child or adult; or
(b) supplies a drug of dependence to a child at a school or in a public place within 500 metres of a school for the use of that drug of dependence by that child—
is guilty of an indictable offence and liable to a penalty of not more than 1600 penalty units or level 3 imprisonment (20 years maximum) or both.
(2) Despite section 70(2), in this section supply has the same meaning as in section 4(1) of this Act.
(3) This section does not apply to a person who supplies a drug of dependence to a child if, at the time of supplying that drug, that person was also a child.
(4) It is a defence to a charge under this section for a person charged to prove that he or she believed on reasonable grounds that the person to whom the drug of dependence was supplied was 18 years of age or older.
S. 71C inserted by No. 52/2006 s. 11, amended by Nos 20/2016 s. 125, 34/2019 s. 27.