Section 36Y Drug Misuse and Trafficking Act 1985 | Allowing Use of Premises as Drug Premises

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Section 36Y of the Drug Misuse and Trafficking Act 1985 is Allowing Use of Premises as Drug Premises and is extracted below.

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The Legislation

36Y Allowing use of premises as drug premises–offence by owner or occupier

(1) A person who is the owner or occupier of any premises and who knowingly allows the premises to be used as 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 is the owner or occupier of any premises is guilty of an offence if:
(a) the person knowingly allows the premises to be used as drug premises, and
(b) the person knows that a child has access to the premises and, as a consequence of that access, the child is exposed to:
(i) a prohibited drug or prohibited plant, or
(ii) a drug supply process, or
(iii) 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) 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.

(4) 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 (3) 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.

(5) 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.

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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.

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