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.

criminal group has the same meaning as in the Crimes Act 1900, Part 3A, Division 5.

serious drug offence has the same meaning as in the Drug Supply Prohibition Order Pilot Scheme Act 2020, section 5(2).

s 34: Rep 2005 No 73, Sch 1 [30]. Ins 2022 No 55, Sch 1[9].