(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).]