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CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 - SECT 3

Interpretation

In this Act, unless the contrary intention appears:

"Australia" includes:

(a)
the external Territories; and
(b)
the Australian coastal sea.
"Australian aircraft" means:

(a)
an aircraft registered in accordance with the Civil Aviation Regulations as an Australian aircraft; or
(b)
an aircraft that is owned by, or is in the possession or control of, the Commonwealth or an authority of the Commonwealth; or
(c)
an aircraft of any part of the Defence Force (including an aircraft that is being commanded or piloted by a member of that Force in the course of the member's duties as such a member).
"Australian coastal sea" means:

(a)
the territorial sea of Australia; and
(b)
the sea on the landward side of the territorial sea of Australia.
"Australian ship" means:

(a)
a ship registered in Australia; or
(b)
an unregistered ship that has Australian nationality; or
(c)
a ship that belongs to an arm of the Defence Force.
"cannabis" means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted.

"cannabis plant" means any plant of the genus Cannabis.

"cannabis resin" means the separated resin, whether crude or purified, obtained from the cannabis plant.

"coca bush" means the plant of any species of the genus Erythroxylon.

"commercial quantity":

(a)
in relation to a narcotic drug—means a quantity not less than the quantity specified in Column 3 of Schedule 2 opposite to the reference to that drug in Column 1 of that Schedule; and
(b)
in relation to a psychotropic substance referred to in Column 1 of Part 1 of Schedule 3—means a quantity not less than the quantity specified in Column 3 of that Part opposite to the reference to that drug.
conduct engaged in outside Australia does not include conduct engaged in on board:

(a)
an Australian aircraft in flight outside Australia; or
(b)
an Australian ship at sea.
"Convention" means the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances adopted in Vienna on 19 December 1988, a copy of whose English text is set out in Schedule 1, and includes that Convention as amended from time to time in relation to Australia.

"dealing in drugs" has the meaning given by section 6.

"engage in conduct" means:

(a)
do an act; or
(b)
omit to perform an act.
"interest", in relation to property, means:

(a)
a legal or equitable estate or interest in the property; or
(b)
a right, power or privilege in connection with the property;

whether present or future and whether vested or contingent.

"flight", in relation to an aircraft, has the meaning given by section 7.

"law" includes a provision of a law.

"manufacture", in relation to a narcotic drug or psychotropic substance, means any process by which the drug or substance may be obtained, and includes:

(a)
refining; and
(b)
the transformation of a narcotic drug into another narcotic drug or of a psychotropic substance into another psychotropic substance;

but does not include:

(c)
in the case of a narcotic drug—the separation of opium, coca leaves, cannabis or cannabis resin from the plant from which they are obtained; and
(d)
in the case of a psychotropic substance—the making, on prescription, by a chemist of a preparation containing a psychotropic substance.
"narcotic drug" means a substance specified in Schedule 2.

"opium poppy" means the plant of the species Papaver somniferum  L.

"property" means real or personal property of every description, whether situated in Australia or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property.

"psychotropic substance" means any substance specified in Schedule 3.

"serious State drug offence" means any conduct that is:

(a)
a dealing in drugs referred to in paragraph 6(1)(a), (b), (c), (d), (e), (f), (fa) or (fb); or
(b)
a dealing in drugs referred to in paragraph 6(2)(b); or
(c)
a dealing in drugs referred to in paragraph 6(1)(g) or 6(2)(a), (ba) or (c);

and constitutes an offence against a law of a State or Territory punishable, on conviction, by imprisonment for at least 12 months.

"ship at sea" has the meaning given by section 8.

"traffickable quantity":

(a)
in relation to a narcotic drug—means a quantity not less than the quantity specified in Column 2 of Schedule 2, but less than the quantity specified in Column 3 of that Schedule, opposite to the reference to that drug in Column 1 of that Schedule; and
(b)
in relation to a psychotropic substance referred to in Column 1 of Part 1 of Schedule 3—means a quantity not less than the quantity specified in Column 2 of that Part, but less than the quantity specified in Column 3 of that Part, opposite to the reference to that drug.

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