36YAllowing use of premises as drug premises—offence by owner or occupier

#### 36Y Allowing use of premises as drug premises—offence by owner or occupier 36Y Allowing use of premises as drug premises—offence by owner or occupier > > (1) A person who is the owner or occupier of any premises and who knowingly allows the premises to be used as drug premises is guilty of an offence. > > > > Maximum penalty— > > > > > (a) for a first offence—50 penalty units or imprisonment for 12 months (or both), and > > > > > (b) for a second or subsequent offence—500 penalty units or imprisonment for 5 years (or both). > > > (2) A person who is the owner or occupier of any premises is guilty of an offence if— > > > > > (a) the person knowingly allows the premises to be used as drug premises, and > > > > > (b) the person knows that a child has access to the premises and, as a consequence of that access, the child is exposed to— > > > > > > > (i) a prohibited drug or prohibited plant, or > > > > > > > (ii) a drug supply process, or > > > > > > > (iii) any equipment capable of being used to administer a prohibited drug. > > > > Maximum penalty— > > > > > (a) for a first offence—60 penalty units or imprisonment for 14 months (or both), and > > > > > (b) for a second or subsequent offence—600 penalty units or imprisonment for 6 years (or both). > > > (3) It is a defence to a prosecution for an offence under subsection (2) if the defendant establishes that the exposure of the child to a prohibited drug or prohibited plant, to a drug supply process, or to equipment capable of being used to administer a prohibited drug, did not endanger the health or safety of the child. > > > (4) If, on the trial of a person for an offence under subsection (2), the jury— > > > > > (a) is not satisfied that the person knew a child had access to the premises, or > > > > > (b) is not satisfied that a child was exposed to a prohibited drug or prohibited plant, a drug supply process or equipment capable of being used to administer a prohibited drug, or > > > > > (c) is satisfied that the defence referred to in subsection (3) has been made out, > > > > the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) and the person is liable to punishment accordingly. > > > (5) For the purposes of this section, a drug supply process is any method used to supply or manufacture prohibited drugs or to cultivate prohibited plants. > > **s 36Y:** Ins 2002 No 103, Sch 4.25 \[2\]. Subst 2006 No 107, Sch 1.15 \[4\].