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Act index » Schedule 1 - Serious offender offences
4 Drug offences
This clause applies to the following offences—
Sch. 1 cl. 4(a)(i) substituted by No. 61/2001 s. 14(1).Sch. 1 cl. 4(a)(ii) substituted by No. 61/2001 s. 14(1), amended by No. 3/2019 s. 21(3).Sch. 1 cl. 4(a)(iia) inserted by No. 3/2019 s. 21(4).Sch. 1 cl. 4(a)(iii) substituted by No. 61/2001 s. 14(1).Sch. 1 cl. 4(a)(iv) substituted by No. 61/2001 s. 14(1).Sch. 1 cl. 4(a)(v) substituted by No. 61/2001 s. 14(1).Sch. 1 cl. 4(a)(vi) inserted by No. 61/2001 s. 14(1), substituted by No. 79/2014 s. 64.Sch. 1 cl. 4(a)(via) inserted by No. 79/2014 s. 64.Sch. 1 cl. 4(a)(vii) inserted by No. 61/2001 s. 14(1).Sch. 1 cl. 4(ab) inserted by No. 35/2002 s. 28(Sch. item 5.2).Sch. 1 cl. 4(ac) inserted by No. 35/2002 s. 28(Sch. item 5.2).Sch. 1 cl. 4(b) amended by No. 93/2005 s. 15(1)(a)(b).Sch. 1 cl. 4(ba) inserted by No. 29/2011 s. 3(Sch. 1 item 84(b)).Sch. 1 cl. 4(c) inserted by No. 57/2005 s. 50(5) (as amended by No. 93/2005 s. 16).Sch. 1 cl. 4(ba) inserted by No. 93/2005 s. 15(2), repealed by No. 29/2011 s. 3(Sch. 1 item 84(a)).Sch. 1 cl. 4(c) repealed by No. 61/2001 s. 14(2).
(a)an offence against any of the following sections of the Drugs, Poisons and Controlled Substances Act 1981:
(i)section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs);
(ii)section 71AA(1) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs);
(iia)section 71AA(2) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs for the benefit of or at the direction of a criminal organisation);
(iii)section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant);
(iv)section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant);
(v)section 79(1) or 80(3)(a) (conspiracy) where the conspiracy is to commit an offence against section 71, 71AA, 72 or 72A of that Act or an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act;
(via)section 80(3)(b) (aiding, abetting etc. an offence outside Victoria) where the offence that is aided, abetted, counselled or procured is an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act;
(vii)section 80(4) (preparatory act) where the offence to which the act relates is an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act;
(ab)an offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001—
(i)section 71 (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;
(ii)section 72 (cultivation of narcotic plants) in circumstances where the offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant;
(iii)section 79(1) or 80(3)(a) (conspiracy) in circumstances where the conspiracy is to commit an offence against section 71 of that Act in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence or an offence under a law in force in a place outside Victoria that is a corresponding law in relation to that section in relation to that quantity;
(iv)section 80(1) or 80(3)(b) (aiding and abetting etc.) in circumstances where the offence that is aided, abetted, counselled, procured, solicited or incited is an offence against section 71 of that Act in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence or an offence under a law in force in a place outside Victoria that is a corresponding law in relation to that section in relation to that quantity;
(v)section 80(4) (preparatory act) in circumstances where the offence to which the act relates is an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71 of that Act in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;
(ac)an offence of attempting to commit an offence referred to in paragraph (ab)(i);
(b)an offence against section 233B(1) of the Customs Act 1901 of the Commonwealth (narcotic goods) as in force immediately before the commencement of the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 of the Commonwealth, in the circumstances referred to in the following sections of that Act as in force immediately before that commencement:
(i)section 235(2)(c)(i) (commercial quantity);
(ii)section 235(2)(c)(ii)(A) (trafficable quantity and previous conviction involving trafficable quantity);
(iii)section 235(2)(c)(ii)(B) (trafficable quantity and previous finding that offender had committed offence involving trafficable quantity without conviction recorded);
(iv)section 235(2)(d)(i) (trafficable quantity of narcotic goods other than cannabis);
(ba)an offence against section 307.1, 307.2, 307.5, 307.6, 307.8 or 307.9 of the Criminal Code of the Commonwealth;
(c)any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute any of the offences referred to in paragraphs (a) to (ba).