Commonwealth Consolidated Acts

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 - SECT 6

(1)

For the purposes of this Act, each of the following is a dealing in drugs:

(a)

the cultivation of opium poppy, coca bush or cannabis plant with the intention of producing narcotic drugs;

(b)

the separation of opium, coca leaves, cannabis or cannabis resin from the plant from which they are obtained;

(c)

the manufacture, extraction or preparation of a narcotic drug or psychotropic substance;

(d)

the possession of a narcotic drug or psychotropic substance with the intention of the manufacture, extraction or preparation of another such drug or substance;

(e)

the sale, supply, or possession with the intention of sale or supply, of a narcotic drug or psychotropic substance;

(f)

the importation into Australia, exportation from Australia, or possession with the intention of such importation or exportation, of a narcotic drug or psychotropic substance;

(fa)

the manufacture, transport or distribution of any substance listed in Table I or Table II in the Annex to the Convention or of equipment or materials, with the knowledge that the substance, equipment or materials are to be used for a purpose set out in paragraph (a), (b) or (c);

(fb)

organising, managing or financing a dealing in drugs referred to in paragraphs (a), (b), (c), (d), (e), (f) or (fa);

(g)

the possession of any substance listed in Table I or Table II in the Annex to the Convention or of any equipment or materials, with the knowledge that the substance, equipment or materials are being used or are to be used for a purpose set out in paragraph (a), (b) or (c).

(2)

For the purposes of this Act, each of the following is also a dealing in drugs:

(a)

a conspiracy or attempt to engage in conduct that is, under subsection (1), a dealing in drugs;

(b)

being a party to any dealing in drugs referred to in subsection (1);

(ba)

aiding, abetting, counselling or procuring, or being by act or omission in any way directly or indirectly knowingly concerned in, any conduct that is, under subsection (1), a dealing in drugs;

(c)

inciting to, urging or encouraging, any conduct that is, under subsection (1), a dealing in drugs.