What the law states
Section 18A of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) A person responsible for any premises is guilty of an offence if:
(a) the person advertises or holds out in any way that the premises are available for use for the administration of prohibited drugs (whether or not for financial or material reward), or
(b) the person causes, suffers or permits any other person to advertise or hold out in any way that the premises are available for use for the administration of prohibited drugs (whether or not for financial or material reward).
(2) For the purposes of this section, a person is responsible for premises if the person is the owner, lessee or occupier of the premises, or if the person participates in the management of the premises.
(3) This section does not apply to or in respect of a licensed injecting centre.
Example of this offence
A common example of this offence is sending out a group email to 100 contacts letting them know that they can come to the house that you are renting tonight and take cocaine together.
In which court will my matter be heard?
Advertising or holding out that premises are available for use for unlawful administration of prohibited drugs falls under Part 2, Division 1 of the Drug Misuse and Trafficking Act 1985 (NSW). This means that this offence is considered a summary offence, and is heard in the Local Court.
Defences
Defences to the offence of advertising or holding out that premises are available for use for unlawful administration of prohibited drugs include bur are not limited to:
Penalties
The maximum penalty for advertising or holding out that premises are available for use for unlawful administration of prohibited drugs is 2 years imprisonment or $2200 or both.
How can Prime Lawyers help you?
If you are charged with advertising that premises are available for use for unlawful administration of drugs, the criminal lawyers at Prime can assist you. They will carefully examine the facts and work tirelessly to secure the best result for you.