Misuse of Drugs Act 1975

12 Use of premises or vehicle, etc

• (1) Every person commits an offence against this Act who knowingly permits any premises or any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance to be used for the purpose of the commission of an offence against this Act.

  (2) Every person who commits an offence against this section is liable on conviction on indictment to imprisonment for a term—

  • (a) not exceeding 10 years where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

  • (b) not exceeding 7 years where paragraph (a) does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

  • (c) not exceeding 3 years in any other case.

  (3) Notwithstanding anything in section 7 of the Summary Proceedings Act 1957, where any person is summarily convicted of an offence against this section the District Court may sentence him—

  • (a) to imprisonment for a term not exceeding 2 years or to a fine not exceeding $1,000 or to both where he could have been sentenced under paragraph (a) of subsection (2) if he had been convicted on indictment:

  • (b) to imprisonment for a term not exceeding 1 year or to a fine not exceeding $1,000 or to both where he could have been sentenced under paragraph (b) of subsection (2) if he had been convicted on indictment:

  • (c) to imprisonment for a term not exceeding 6 months or to a fine not exceeding $500 or to both in any other case.

  Compare: 1965 No 45 s 7(1)(a)

  Section 12 heading: amended, on 16 October 1978, by section 6 of the Misuse of Drugs Amendment Act 1978 (1978 No 65).

  Section 12(1): amended, on 16 October 1978, by section 6 of the Misuse of Drugs Amendment Act 1978 (1978 No 65).

  Section 12(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).