Commonwealth Consolidated Acts

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 - SECT 11

(1)

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

(a)

the person, on board an Australian ship at sea, engages in conduct that is a dealing in drugs; and

(b)

the conduct if engaged in by the person in a State or Territory would constitute an offence against a law of the Commonwealth.

(2)

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 ship at sea;

(b)

that the conduct if engaged in by the person in a State or Territory would constitute an offence against a law of the Commonwealth;

(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 .