Commonwealth Consolidated Acts

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 - SECT 12

(1)

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

(a)

the person engages, outside Australia, in conduct that is a dealing in drugs; and

(b)

the conduct constitutes an offence against the law of a foreign country; and

(c)

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)

A person may be charged with an offence against this section only if:

(a)

the person is present in Australia; and

(b)

if the person is not an Australian citizen:

(i)

no steps have been taken by the foreign country referred to in paragraph (1)(b) for the surrender of the person to that country; or

(ii)

proceedings taken by that country under the Extradition Act 1988 have not resulted in the person being surrendered to that country.

(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 outside Australia;

(b)

that the conduct constitutes an offence against the law of a foreign country;

(c)

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;

(d)

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

(e)

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 .