80Inciting etc.

80 Inciting etc.

S. 80(1) amended by Nos 48/1997 s. 47(b), 61/2001 s. 7(c)(i)(ii), 63/2014 s. 7(9), 2/2016 s. 15(1).

(1) A person who incites the commission of an offence against any of the provisions of sections 71, 71AA, 71AB, 71AC, 71AD, 71A, 71B, 71E, 71F, 72, 72A, 72B, 72D or 73 is guilty of an indictable offence and liable to the same punishment pecuniary penalties and forfeiture as if he has committed the relevant offence against any of the provisions of sections 71, 71AA, 71AB, 71AC, 71AD, 71A, 71B, 71E, 71F, 72, 72A, 72B, 72D or 73.

Note to s. 80(1) inserted by No. 55/2014 s. 53(1), amended by Nos 79/2014 s. 62(1), 3/2019 s. 12(1).

An offence against this section is a serious drug offence for the purposes of the Confiscation Act 1997 where the offence that is incited is an offence against section 71, 71AA(2) or 72. On the conviction of a person for a serious drug offence, the court must make an order under section 89DI of the Sentencing Act 1991 declaring the person to be a serious drug offender.

S. 80(2) amended by No. 63/2014 s. 7(9).

(2) A person who incites the commission of an offence against any of the provisions of sections 74, 75, 77 or 78 is guilty of an offence against this Act and liable to the same punishment pecuniary penalties and forfeiture as if he has committed the relevant offence against any of the provisions of sections 74, 75, 77 or 78.

Note to s. 80(2) inserted by No. 63/2014 s. 7(10).

Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 deals with complicity in commission of offences.

(3) A person who in Victoria—

(a) conspires with another person or persons to commit; or

(b) aids, abets, counsels or procures the commission of—

an offence in any place outside Victoria being an offence punishable under the provisions of a corresponding law in force in that place shall be guilty of the same offence and liable to the same punishment pecuniary penalty and forfeiture as if the offence committed outside Victoria had been committed inside Victoria.

Note to s. 80(3) inserted by No. 55/2014 s. 53(2), amended by Nos 79/2014 s. 62(2), 3/2019 s. 12(2).

An offence against this section is a serious drug offence for the purposes of the Confiscation Act 1997 where the conspiracy is to commit an offence that, if committed in Victoria, would be an offence against section 71, 71AA(2) or 72 or the offence that is aided, abetted, counselled or procured is an offence that, if committed in Victoria, would be an offence against section 71, 71AA(2) or 72. On the conviction of a person for a serious drug offence, the court must make an order under section 89DI of the declaring the person to be a serious drug offender.