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Criminal organisation drug trafficking offence

From 4 June 2019 it is an offence to traffick (or attempt to traffick) a commercial quantity of a drug of dependence for the benefit of a criminal organisation.

From 4 June 2019 it is an offence to traffick (or attempt to traffick) a commercial quantity of a drug of dependence for the benefit of a criminal organisation. A criminal organisation is an organisation under the Criminal Organisation Control Act 2012 (Vic) or an organisation with 2 or more members that engages in systematic and continuing criminal activity involving substantial planning, and has the purpose of obtaining profit, gain power or influence through that criminal activity.

The maximum penalty is life imprisonment and also a fine of up to 5000 penalty units. This offence is also:

  • a category 1 offence under s. 5(2G) Sentencing Act 1991 (Vic) which means that a custodial sentence is required
  • a serious drug offence under the Confiscation Act 1977 (Vic), and so automatic forfeiture provisions apply
  • a Schedule 1 offence under the Bail Act 1977 (Vic) so bail may only be granted in exceptional circumstances.

See ss. 70, 71AA(2), 147—Drugs, Poisons and Controlled Substances Act 1981 (Vic)(opens in a new window).

Updated