Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 159

159 .         Term used: declared drug trafficker

        (1)         In this Act, unless the contrary intention appears —

        declared drug trafficker means —

            (a)         a person who is declared to be a drug trafficker under section 32A(1) of the Misuse of Drugs Act 1981 as a result of being convicted of an offence that was committed, or is more likely than not to have been committed, after the commencement of this Act; or

            (b)         a person who is taken to be a declared drug trafficker under subsection (2).

        (2)         For the purposes of this Act, a person is taken to be a declared drug trafficker if —

            (a)         the person is charged with a serious drug offence or a relevant drug offence, as those terms are defined in the Misuse of Drugs Act 1981 section 32A(3); and

            (b)         the offence was committed, or is more likely than not to have been committed, after the commencement of this Act; and

            (c)         the person could be declared to be a drug trafficker under section 32A(1) of that Act if he or she is convicted of the offence; and

            (d)         the charge is not disposed of or finally determined; and

            (e)         the person absconds in connection with the offence.

        [Section 159 amended: No. 49 of 2012 s. 176(4).]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback