New South Wales Repealed Acts

This legislation has been repealed.

CRIMINAL LEGISLATION AMENDMENT ACT 2001 - SCHEDULE 13

SCHEDULE 13 – Amendment of Young Offenders Act 1997

(Section 3)

[1] Section 8 Offences covered by Act

Omit section 8 (2) (f). Insert instead:

(f) the offence is an offence under Division 2 of Part 2 of the Drug Misuse and Trafficking Act 1985 other than:

(i) an offence under section 23 (1) (a) or (c) of that Act to which subsection (3) applies, or

(ii) an offence under section 27 or 28 of that Act of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence under section 23 (1) (a) or (c) to which subsection (3) applies.

[2] Section 8 (3)

Insert after section 8 (2):

(3) An offence under section 23 (1) (a) or (c) of the Drug Misuse and Trafficking Act 1985 is covered by this Act if in the opinion of the investigating official or prosecuting authority:

(a) the offence involves not more than half the small quantity applicable to the prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985 , or

(b) there are exceptional circumstances in that:

(i) the offence involves more than half, but not more than the total, small quantity applicable to the prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985 , and

(ii) it would be in the interests of rehabilitation, and appropriate in all the circumstances, to deal with the matter under this Act.

[3] Schedule 3 Savings and transitional provisions

Insert at the end of clause 1 (1):

Criminal Legislation Amendment Act 2001 , to the extent that it amends this Act