Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 71F

Publication of document containing instructions

S. 71F(1) amended by No. 34/2019 s. 30.

    (1)     A person who, without being authorised by or licensed under this Act or the regulations to do so or otherwise without a reasonable excuse, publishes a document containing instructions for the trafficking or cultivation of a drug of dependence—

        (a)     with the intention that the instructions will be used by another person for the purposes of the trafficking or cultivation of a drug of dependence; or

        (b)     knowing or being reckless as to whether the instructions will be used by another person for the purpose of the trafficking or cultivation of a drug of dependence—

is guilty of an indictable offence and liable to a penalty of not more than 1200 penalty units or level 5 imprisonment (10 years maximum) or both.

    (2)     For the purposes of subsection (1), it is irrelevant whether the document or the instructions contained in the document actually work to traffick or cultivate a drug of dependence.

    (3)     For the purposes of this section," publish "includes sell, offer for sale, let on hire, exhibit, display, distribute and demonstrate.

    (4)     Section 104 does not apply to an offence against this section.

S. 72 substituted by No. 10002 s. 7(1), amended by No. 48/1997 ss 40(1)(2), 41(2)(3), substituted by No. 61/2001 s. 6, amended by Nos 20/2016 s. 129, 34/2019 s. 31.



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