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Section 36Z Drug Misuse and Trafficking Act 1985
Organising Drug Premises

Section 36Z of the Drug Misuse and Trafficking Act 1985 is Organising Drug Premises and is extracted below.

If you would like an experienced drug defence lawyer to provide accurate advice and outstanding representation for your Organising Drug Premises case, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment.

Our criminal lawyers are experts in defending drug charges and have a proven track record in obtaining superior results in all types of drug cases.

The Legislation

36Z Offence of organising drug premises

(1) A person who organises or conducts, or assists in organising or conducting, any drug premises is guilty of an offence. Maximum penalty:
(a) for a first offence–50 penalty units or imprisonment for 12 months (or both), and
(b) for a second or subsequent offence–500 penalty units or imprisonment for 5 years (or both).

(2) A person who organises or conducts, or assists in organising or conducting, any drug premises is guilty of an offence if the person knows that a child has access to the premises and, as a consequence of that access, the child is exposed to:
(a) a prohibited drug or prohibited plant, or
(b) a drug supply process, or
(c) any equipment capable of being used to administer a prohibited drug.

Maximum penalty:
(a) for a first offence–60 penalty units or imprisonment for 14 months (or both), and
(b) for a second or subsequent offence–600 penalty units or imprisonment for 6 years (or both).

(3) For the purposes of this section, a person assists in organising or conducting drug premises if, for example, the person acts as a lookout, door attendant or guard in respect of any premises that are organised or conducted as drug premises.

(4) It is a defence to a prosecution for an offence under subsection (1) or (2) if the defendant establishes that he or she did not know, and could not reasonably be expected to have known, that the premises to which the charge relates were being organised or conducted as drug premises.

(5) It is a defence to a prosecution for an offence under subsection (2) if the defendant establishes that the exposure of the child to a prohibited drug or prohibited plant, to a drug supply process, or to equipment capable of being used to administer a prohibited drug, did not endanger the health or safety of the child.

(6) If, on the trial of a person for an offence under subsection (2), the jury:
(a) is not satisfied that the person knew a child had access to the premises, or
(b) is not satisfied that a child was exposed to a prohibited drug or prohibited plant, a drug supply process or equipment capable of being used to administer a prohibited drug, or
(c) is satisfied that the defence referred to in subsection (5) has been made out,
the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) and the person is liable to punishment accordingly.

(7) For the purposes of this section, a “drug supply process” is any method used to supply or manufacture prohibited drugs or to cultivate prohibited plants.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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