Commonwealth Consolidated Acts

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 - SECT 9

(1)

A person who has in his or her possession, in Australia, any substance listed in Table I or II in the Annex to the Convention, or any equipment or materials, knowing that the substance, equipment or materials are being used or are to be used in, or for, a dealing in drugs that:

(a)

is referred to in paragraph 6(1)(a), (b) or (c); and

(b)

constitutes an offence against:

(i)

a law of the Commonwealth; or

(ii)

a law of a State or Territory; or

(iii)

a law of a foreign country;

is guilty of an offence against this section and is punishable, on conviction, by imprisonment for a period not exceeding:

(c)

if the substance, equipment or materials are being used or are to be used in, or for, the manufacture, extraction or preparation of a psychotropic substance referred to in Part 2 of Schedule 3—5 years; or

(d)

in any other case—10 years.

(2)

For the purposes of an offence against this section, absolute liability applies to the following physical elements of circumstance of the offence:

(a)

that the possession is in Australia;

(b)

that the substance possessed is listed in Table I or II in the Annex to the Convention;

(c)

that the dealing in drugs in which, or for which, the substance, equipment or materials are being used or are to be used is a dealing in drugs described in paragraphs (1)(a) and (b).

Note: For absolute liability see section 6.2 of the Criminal Code .