Commonwealth Consolidated Acts

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 - SECT 10

(1)

A person is guilty of an offence against this section if:

(a)

the person, on board an Australian aircraft in flight, whether in or outside Australia, engages in conduct that is a dealing in drugs; and

(b)

the conduct would constitute an offence against a law in force in a State or Territory if it were engaged in by the person in that State or Territory.

(2)

This section does not apply in relation to conduct engaged in by a person on board an Australian aircraft in flight between 2 places in the same State or in the same Territory.

(3)

For the purposes of an offence against this section, absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

(a)

that the conduct is engaged in on board an Australian aircraft in flight, whether in or outside Australia;

(b)

that the conduct would constitute an offence against a law in force in a State or Territory if it were engaged in by the person in that State or Territory;

(c)

if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia;

(d)

if paragraph 6(1)(fa) or (g) applies—that the substance is listed in Table I or II in the Annex to the Convention.

Note: For absolute liability see section 6.2 of the Criminal Code .