What the law states
Section 36Z of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) A person who organises or conducts, or assists in organising or conducting, any drug premises is guilty of an offence.
(2) A person who organises or conducts, or assists in organising or conducting, any drug premises is guilty of an offence if the person knows that a child has access to the premises and, as a consequence of that access, the child is exposed to:
(a) a prohibited drug or prohibited plant, or
(b) a drug supply process, or
(c) any equipment capable of being used to administer a prohibited drug.
(5) For the purposes of this section, a person assists in organising or conducting drug premises if, for example, the person acts as a lookout, door attendant or guard in respect of any premises that are organised or conducted as drug premises.
(7) 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 for this offence include duress and necessity. Further, it is a defence to a prosecution for an offence under subsection (1) or (2) if the defendant establishes that he or she did not know, and could not reasonably be expected to have known, that the premises to which the charge relates were being organised or conducted as drug premises.
In relation to subsection (2), it is a defence if the defendant establishes that the exposure of the child to a prohibited drug or prohibited plant, to a drug supply process, or to equipment capable of being used to administer a prohibited drug, did not endanger the health or safety of the child.
Penalties
For conducting drug premises, the maximum penalty for the first offence is $500 or 12 months imprisonment or both; and for any subsequent offences, the maximum penalty is $55,000 or 5 months imprisonment or both.
Where children are exposed to drug-related objects within the drug premises, the maximum penalty is increased to $660 or 14 months imprisonment or both, and for subsequent offences, the penalty is $66,000 or 6 years imprisonment or both.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people charged with organising drug premises. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.