Commonwealth Consolidated Acts

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 - SECT 13

(1)

A person is guilty of an offence against this section if the person engages, outside Australia, in conduct that is a dealing in drugs with a view to the carrying out:

(a)

in Australia; or

(b)

on board an Australian aircraft in flight outside Australia; or

(c)

on board an Australian ship at sea;

of a dealing in drugs that constitutes an offence against a law of the Commonwealth, of a State or of a Territory.

(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 outside Australia;

(b)

that the view to the carrying out of a dealing in drugs with which the conduct is engaged in, is a view to the carrying out of such a dealing:

(i)

in Australia; or

(ii)

on board an Australian aircraft in flight outside Australia; or

(iii)

on board an Australian ship at sea;

(c)

that the carrying out of the dealing in drugs referred to in paragraph (b) constitutes an offence against a law of the Commonwealth, of a State or of a 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 .