34Drug trafficker declaration

#### 34 Drug trafficker declaration 34 Drug trafficker declaration > > (1) The Director of Public Prosecutions or a police prosecutor may apply to an appropriate court for a declaration against a person convicted of a serious drug offence (a drug trafficker declaration). > > > (2) The application may be made— > > > > > (a) during sentencing proceedings for the serious drug offence, or > > > > > (b) at another time. > > > (3) The court must, on the application being made, make a drug trafficker declaration against a person if the court is satisfied the person has been convicted of— > > > > > (a) at least 3 serious drug offences in the previous 10 years, or > > > > > (b) a serious drug offence involving a commercial quantity of a prohibited drug or prohibited plant, or > > > > > (c) a serious drug offence and the court is satisfied the person is or was a member of a criminal group. > > > (4) A drug trafficker declaration is taken to be revoked if the conviction in reliance on which the declaration was made is quashed or set aside. > > > (5) A drug trafficker declaration expires 5 years after the day on which the declaration is made. > > > (6) In this section— > > > > commercial quantity, prohibited drug and prohibited plant have the same meanings as in the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226). > > > > criminal group has the same meaning as in the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 3A, Division 5. > > > > serious drug offence has the same meaning as in the [Drug Supply Prohibition Order Pilot Scheme Act 2020](/view/html/repealed/current/act-2020-039), section 5(2). > > **s 34:** Rep 2005 No 73, Sch 1 \[30\]. Ins 2022 No 55, Sch 1\[9\].