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 **Sentencing Act 1991** declaring the person to be a serious drug offender. S. 80(4) amended by Nos 61/2001 s. 7(d), 2/2016 s. 15(2). (4) A person who in Victoria does an act preparatory to the commission of an offence in a place outside Victoria being an offence under a law which is in relation to the provisions of sections 71, 71AA, 71AB, 71AC, 71AD, 71A, 71B, 71E, 71F, 72, 72A, 72B, 72D, 73, 74, 75, 77 or 78 a corresponding law shall be guilty of the same offence and liable to the same punishment pecuniary penalty and forfeiture as if the first-mentioned offence were committed in Victoria. S. 80(5) inserted by No. 20/1987 s. 3, amended by No. 63/2014 s. 7(11). (5) A person who sells or supplies a hypodermic needle or a syringe is not guilty of an offence under this section or of being involved in the commission of an offence against any provision referred to in this section by reason only of that sale or supply— (a) if the person is, or is engaged or employed by, a pharmacist and the sale or supply is made in the course of the lawful practice of a pharmacist; or S. 80(5)(b) substituted by No. 12/1994 s. 6(1). (b) if the sale or supply is by a specified person or organisation or specified class of persons or organisations in specified circumstances as authorised by Order in Council published in the Government Gazette. S. 80(6) inserted by No. 12/1994 s. 6(2), amended by No. 46/1998 s. 7(Sch. 1). (6) The Secretary must keep a list of all persons and organisations authorised under subsection (5)(b). S. 80(7) inserted by No. 12/1994 s. 6(2), amended by No. 46/1998 s. 7(Sch. 1). (7) The Secretary must ensure that— S. 80(7)(a) amended by No. 12/1999 s. 4(Sch. 2 item 4.1). (a) a copy of the list is kept available for inspection by members of the public during normal office hours without charge at the Secretary's principal office; and (b) a copy of the list is made available, without charge, to any member of the public on request. S. 80(8) inserted by No. 17/2021 s. 4. (8) A person who sells or supplies a hypodermic needle or a syringe is not guilty of an offence under this section by reason only of being involved in the commission of an offence against any provision referred to in this section if the hypodermic needle or syringe is obtained from a person or organisation referred to in subsection (5)(a) or (b). S. 80(9) inserted by No. 17/2021 s. 4. (9) Subsection (8) applies whether or not the hypodermic needle or syringe is sold or supplied for personal use. S. 80(10) inserted by No. 17/2021 s. 4. (10) Despite section 70(2), in subsections (5), (8) and (9) ***supply*** has the same meaning as in section 4(1). Pt 5A (Heading and ss 80A–80H) inserted by No. 18/2006 s. 3. Part VA—Cocaine kits Division 1—Cocaine kits S. 80A inserted by No. 18/2006 s. 3.