Commonwealth Numbered Acts

CUSTOMS AMENDMENT ACT 1979 No. 92 of 1979 - SECT 12

12. Section 235 of the Principal Act is amended-

   (a)  by omitting paragraphs (c) and (d) of sub-section (2) and substituting
        the following paragraphs:

''(c) where the Court is satisfied-

        (i)    that the narcotic goods in relation to which the offence was
               committed consist of a quantity of a prescribed narcotic
               substance that is not less than the commercial quantity
               applicable to that substance; or

        (ii)   that the narcotic goods in relation to which the offence was
               committed consist of a quantity of a narcotic substance that is
               not less than the traffickable quantity applicable to that
               substance and also that, on a previous occasion, a court has-

                (A)  convicted the person of another offence, being an offence
                     against a provision referred to in paragraph (a) that
                     involved other narcotic goods which consisted of a
                     quantity of a narcotic substance not less than the
                     traffickable quantity that was applicable to that
                     substance when the offence was committed; or

                (B)  found, without recording a conviction, that the person
                     had committed another such offence-

imprisonment for life or for such period as the Court thinks appropriate;

''(d) where the Court is satisfied that the narcotic goods in relation to
which the offence was committed consist of a quantity of a narcotic substance
that is not less than the traffickable quantity applicable to the substance
but is not satisfied as provided in paragraph (c)-

        (i)    if the narcotic substance is a narcotic substance other than
               cannabis-a fine not exceeding $100,000 or imprisonment for a
               period not exceeding 25 years, or both; or

        (ii)   if the narcotic substance is cannabis-a fine not exceeding
               $4,000 or imprisonment for a period not exceeding 10 years, or
               both; or

''(e) in any other case-a fine not exceeding $2,000 or imprisonment for a
period not exceeding 2 years, or both.'';

   (b)  by omitting sub-section (3) and substituting the following
sub-section:

''(3) Where-

   (a)  the Court is satisfied that the narcotic goods in relation to which an
        offence referred to in sub-section (2) was committed consist of a
        quantity of a narcotic substance that is not less than the
        traffickable quantity applicable to that substance, but is not
        satisfied as provided in paragraph (c) of that sub-section in relation
        to those narcotic goods; and

   (b)  the Court is also satisfied that the offence was not committed by the
        person charged for any purposes related to the sale of, or other
        commercial dealing in, those narcotic goods,

notwithstanding paragraph (d) of that sub-section, the penalty punishable for
the offence is the penalty specified in paragraph (e) of that sub-section.'';
and

   (c)  by inserting after sub-section (7) the following sub-section:

''(8) For the purposes of sub-sections (2) and (3), the narcotic substance of
which narcotic goods in relation to which an offence has been committed
consist is the narcotic substance that is specified in the relevant
information, complaint, declaration, claim or indictment as the narcotic
substance of which those goods consist.''.