What the law states
Section 36Y of the Drug Misuse and Trafficking Act 1985 (NSW) stats that:
(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.
(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.
(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.
Defences
Defences to this offence include duress, necessity and intoxication. Further, in relation to subsection (2), a defence applies where the defendant establishes that the exposure of the child to the prohibited drug or supply process or equipment did not endanger the health or safety of the child
Penalties
The maximum penalty for this offence in the first instance is $5500 or 12 months imprisonment or both. For a second or subsequent offence, the maximum penalty is increased to $55,000 or 5 years imprisonment or both.
Should a child be present on the premises and be exposed to drugs, equipment and processes of supply, the maximum penalty for a first offence is $6,600 or 14 months imprisonment or both. For any subsequent offences, the penalty is increased to $66,000 or 6 years imprisonment or both.
How can Prime Lawyers help you?
Should you be charged with this offence, the experienced criminal lawyers at Prime Lawyers are able to assist you with your matter. They will carefully examine your case and offer you advice on how to best handle your matter, whilst explaining any defences that are available.