What the law states
Section 36ZB of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) If a corporation contravenes (whether by act or omission) any provision of this Part, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision.
(2) A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or been convicted under that provision.
(4) Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a corporation (while acting in his or her capacity as such) had, at any particular time, a particular intention, is evidence that the corporation had that intention.
The provisions of this “Part” (Part 2B- Offences Involving Drug Premises) include:
- Entering, Leaving or being on drug premises (Section 36X)
- Allowing the use of premises as drug premises-offence by owner or occupier (Section 36Y)
- Offence of organising drug premises (Section 36Z)
Defences
Defences of individuals to this offence include when:
- the corporation contravened the provision without the actual, imputed or constructive knowledge of the person, or
- the person was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or
- the person, if in such a position, used all due diligence to prevent the contravention by the corporation.
Penalties
The penalty for a corporation is the same as the penalty for each respective offence.
Click here for the maximum penalty for entering/leaving/being on drug permises (offence under s 36Z).
Click here for the maximum penalty for allowing premises to be used as drug premises (offence under s 36Y).
Click here for the maximum penalty for organisation of drug premises (offence under s 36Z).
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people charged with offences involving drug premises as corporations or members of corporations. 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 by exercising every defence available to your situation.