Summary Offences Act 1981

6B Associating with serious drug offenders

(1)

Every person commits an offence against this section who habitually associates with a serious drug offender in circumstances from which it can reasonably be inferred that the association will lead to the commission of a serious drug offence by that person or any such offender.

(2)

This section does not apply in respect of a serious drug offence against—

(a)

section 6 of the Misuse of Drugs Act 1975 in relation to a Class C controlled drug specified or described in Part 1 of Schedule 3 of that Act (other than catha edulis plant or coca leaf); or

(b)

section 9 of that Act in relation to a prohibited plant of the genus Cannabis,—

unless the serious drug offence involved dealing with a substantial amount of that drug or cultivation of that drug on a substantial scale, as the case may be.

(3)

No charging document for an offence against this section may be filed unless—

(a)

the defendant has been warned by any constable on at least 3 separate occasions that his or her continued association with the serious drug offender may lead to a charge being brought against him or her under this section; and

(b)

every warning under paragraph (a) in respect of an association with a serious drug offender is given not more than 7 years after the date of that serious drug offender’s last conviction for a serious drug offence.

(4)

To avoid any doubt, if a person who is a serious drug offender habitually associates with another serious drug offender in the circumstances specified in subsection (1), this section does not prevent one or both of those persons from being charged with an offence under this section.

(5)

Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000.

(6)

In this section serious drug offender means a person who has been convicted on at least 2 separate occasions of a serious drug offence.

Section 6B: inserted, on 1 January 1998, by section 4 of the Summary Offences Amendment Act 1997 (1997 No 97).

Section 6B(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).