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INTRODUCTION

Stan Winford, Solicitor

The aim of this chapter is to provide an outline of the most common drug offences and their penalties. However, because the law concerning illegal drugs is complicated and highly technical, anyone charged with a drug offence is strongly advised to seek legal advice.

The law concerning illegal drugs in Victoria is derived from two main sources:

  1. The Drugs, Poisons and Controlled Substances Act 1981 (Vic) ("DPCSA") as amended; and
  2. The Criminal Code Act 1995 (Cth) ("Criminal Code") as amended.

The Customs Act 1901 (Cth) ("Customs Act") and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 are another source of law regulating drugs. Together, these Acts create state, federal and extra-territorial drug offence laws. This chapter covers most of the common drug offences under these laws.

Note about penalty units:

  1. Under Victorian state law from 1 July 2010: 1 penalty unit (pu) equals $122.14, as published in the Victorian Government Gazette SG158, 26 May 2011.
  2. Under Commonwealth law (e.g. the Criminal Code Act 1995 (Cth)): 1 penalty unit equals $110.00, as per section 4AA of the Crimes Act 1914 (Cth).

INTRODUCTION :: Last updated: Thu Jul 1st 2010