Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990

This Act implements the 1988 UN Convention by creating Commonwealth offences for a wide range of "dealings in drugs" — cultivation, separation, manufacture, sale, import/export, and related conspiracy or aiding conduct — with tiered quantity thresholds and penalties (Schedules 2–3, s15). It reaches Australian aircraft and ships and certain conduct abroad, adds offences for handling property from serious State drug offences (s15A–C), applies absolute‑liability to some physical elements (s9–13) and requires Attorney‑General consent for committal (s16).

This Act creates a Commonwealth criminal schema implementing the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (the Convention) by defining a set of offences, extending Commonwealth criminal reach beyond territorial limits in specific ways, and fixing penalties tied to drug types and quantities. Mechanically, it:

Adopts definitions and schedule-based thresholds for “traffickable” and “commercial” quantities by reference to Schedules 2 and 3 (see definitions in s 3 and the schedules). Those quantities determine presumptions and penalty ranges (s 3; Schedules).
Specifies what counts as a “dealing in drugs” by an enumerated list of acts (cultivation, separation from plant, manufacture/extraction/preparation, possession with intent, sale/supply, import/export, manufacture/transport/distribution of listed precursors or equipment, organising/financing, possession with knowledge) and extends that concept to conspiracies, attempts, parties, and counselling (s 6(1)-(2)).
Creates offences for possession of specific substances, chemicals, equipment and materials where the possessor knows they are to be used for manufacture/extraction/preparation of controlled substances (s 9).
Provides extraterritorial offences: dealing in drugs on board Australian aircraft in flight (s 10), on board Australian ships at sea (s 11), conduct outside Australia that would be an offence in a foreign country and would be an offence in a State or Territory (s 12), conduct outside Australia done with a view to committing an offence inside Australia or on Australian aircraft/ships (s 13), and conspiracies or attempts outside Australia to commit offences inside Australia (s 14). For many of these provisions, absolute liability applies to certain physical elements (see each relevant section and the repeated note referring to section 6.2 of the Criminal Code).
Sets penalties and a graduated schedule tying seriousness and maximum imprisonment to the type of dealing and to the quantity of drug involved: separate maxima for cultivation, separation from plant, manufacture, sale/supply, import/export and attempts/parties (ss 15 and following tables). For example, selling or possessing a commercial quantity can attract a life sentence under the prescribed table in s 15(5) where the dealing is in respect of a listed narcotic drug or certain psychotropic substances; other ranges apply for traffickable or lesser quantities.
Establishes criminal offences for knowingly handling property derived from “serious State drug offence[s]” (defined at s 3) , converting/transferring (s 15A), concealing/disguising (s 15B) and acquiring/possessing/using (s 15C) such property , each punishable by up to 20 years imprisonment and subject to absolute liability for the physical element that the conduct occurs in a State or Territory that is not prescribed (ss 15A-15C).
Confers prosecutorial controls and process rules: the consent in writing of the Attorney-General is required before committal proceedings for trial on indictment may be instituted (s 16(1)), though arrest, charge and remand may proceed earlier (s 16(2)). There are special venue presumptions and change‑of‑venue procedures where offences are committed on aircraft in flight (ss 18-19).
Confers evidentiary conveniences: proof that the Convention is in force for Australia can be made by certificate from the Foreign Affairs Minister (s 20(1)-(2)), and the Act expressly applies Chapter 2 of the Criminal Code on criminal responsibility to its offences (s 4A).
Allows regulations to implement detail, but constrains the Governor‑General from prescribing States/Territories for ss 15A-15C unless certain state-law alignment exists (s 22(2)), and designates the Minister administering the Australian Federal Police Act 1979 as rule‑maker for regulations under the Legislation Act 2003 (s 22(3)-(4)).

The official rationale, as incorporated in the Act, is to give effect to the Convention (s 3 , “Convention” defined and set out in Schedule 1) and to align Commonwealth criminal law with obligations arising under that international instrument. Mechanically, the statute increases Commonwealth criminal exposure for involvement in the production, manufacture, distribution, import/export and associated support activities for narcotic drugs and psychotropic substances, and creates money‑laundering type offences for property derived from qualifying State offences (ss 15A-15C).

The observable trade‑offs built into the instrument are concrete and statutory. The Act extends Commonwealth criminal law into contexts not purely territorial (aircraft in flight, ships at sea, conduct abroad with specified connections), resulting in extended jurisdictional reach (ss 10-14). It also embeds absolute‑liability elements for specified physical circumstances (see repeated references to the Criminal Code note in ss 9, 10, 11, 12, 13, 14, and 15A-15C), shifting evidentiary burdens as to some facts onto accused persons. The schedules and quantity thresholds turn what would otherwise be an unquantified offence into a quantity‑driven penalty regime, concentrating higher penalties where “traffickable” and “commercial” thresholds are met (s 3; Schedules). The Attorney‑General’s consent requirement (s 16) centralises prosecutorial discretion at Commonwealth level for committal to indictment.

Those are the mechanics before one considers enforcement choices, compliance burdens, or broader fiscal and private‑sector effects.

This Act organises around a handful of statutory nodes: definitions (the first filter), the concept of “dealing in drugs” (the central conduct element), quantity thresholds and schedules (the penalty triggers), extraterritorial reach, evidentiary presumptions and rules, absolute‑liability elements, property‑derived offences, and regulatory/prosecutorial architecture.

Definitions and geographic scope (s 3; ss 4-4A). “Australia” includes external Territories and the Australian coastal sea (s 3). “Australian aircraft” and “Australian ship” have specific definitions tied to registration, Commonwealth ownership, Defence Force property, or nationality (s 3). “Conduct engaged in outside Australia” expressly excludes conduct on board an Australian aircraft in flight outside Australia or on board an Australian ship at sea (s 3). The Act extends to all external Territories (s 4) and applies Chapter 2 of the Criminal Code to its offences (s 4A).
Dealing in drugs (s 6). The Act defines “dealing in drugs” expansively: cultivation of opium poppy, coca or cannabis with intent to produce narcotics (s 6(1)(a)); separation of opium, coca leaves, cannabis or resin from plant (s 6(1)(b)); manufacture/extraction/preparation (s 6(1)(c)); possession with intent to manufacture (s 6(1)(d)); sale/supply or possession with intent to sell/supply (s 6(1)(e)); importation/exportation or possession with such intent (s 6(1)(f)); manufacture/transport/distribution of substances in Annex Tables I or II, or of equipment/materials, with knowledge they will be used for manufacture/extraction/preparation (s 6(1)(fa)); organising/managing/financing such dealings (s 6(1)(fb)); and possession of substances/equipment with knowledge of their use (s 6(1)(g)). Subsection 6(2) then treats conspiracy, attempt, being party, aiding/abetting/counselling/procuring, and inciting/encouraging as “dealing in drugs” for the Act’s purposes.
Quantity thresholds and schedules (s 3; Schedules 2 and 3). “Traffickable” and “commercial” quantities are numerically specified in Schedules 2 (narcotic drugs) and 3 (psychotropic substances). The legal consequences differ by threshold. For example, a commercial quantity triggers the highest penalty ranges (s 15(5) table), while a traffickable quantity carries lower maximums. The schedules list many substances with specific minimum grams for traffickable and kilograms for commercial quantities. Notably, THC and its homologues are listed with specific thresholds (Schedule entries).
Extraterritoriality and aircraft/ships (ss 7-8; 10-14). The Act sets out when a flight begins and ends for the purposes of the Act (s 7) and when a ship is “at sea” (s 8). It creates offences for onboard conduct on Australian aircraft in flight anywhere (s 10) and on Australian ships at sea (s 11) so long as the conduct would constitute a State/Territory offence if committed there (s 10(1)(b); s 11(1)(b)). It creates offences for conduct engaged in outside Australia that is an offence under foreign law and would be an offence in a State/Territory (s 12), for conduct engaged in outside Australia with a view to committing an offence in Australia/Australian aircraft/Australian ships (s 13), and for conspiracies/attempts outside Australia to commit offences inside Australia (s 14).

The Act’s subject population is broad. It reaches natural persons and (insofar as criminal law attaches to corporations under Chapter 2 of the Criminal Code) corporate actors involved in the specified forms of “dealing in drugs” and related conduct. In particular:

Individuals who cultivate, separate, manufacture, possess, sell, supply, import, export, transport, distribute, organise, finance, counsel, aid/abet, incite, or otherwise participate in the chain of narcotic drugs and psychotropic substances as defined in s 6(1)-(2). This includes both hands‑on producers and actors who manage, finance or organise such activities (s 6(1)(fb)).
Persons in possession of precursors, equipment or materials listed in Table I or II in the Annex to the Convention, where they know the items are to be used for manufacture/extraction/preparation (s 9). That can include chemical suppliers, freight forwarders, importers, warehousers and equipment vendors where the knowledge element is satisfied.
Occupants or crew on Australian aircraft in flight and on Australian ships at sea, and persons who engage in supply or other dealing while on board, wherever the aircraft or ship may be (ss 10-11). The definition of “Australian aircraft” and “Australian ship” captures aircraft registered under Civil Aviation Act regulations, Commonwealth‑owned or Defence Force aircraft, and ships registered or of Australian nationality or belonging to Defence (s 3).
Persons engaged in overseas conduct that is criminal under foreign law but that would also be an offence in an Australian State or Territory, provided the person is present in Australia and other conditions are met (s 12(1)-(2)). This affects Australians and non‑citizens present in Australia who may have committed overseas drug offences.
Persons who engage in conduct outside Australia with the view to carrying out an offence in Australia, on board Australian aircraft, or on Australian ships (s 13). That catches overseas planners, organisers, or financiers operating from foreign locations but intending domestic effect.
Persons involved with property derived from “serious State drug offence[s]” in non‑prescribed States/Territories: the Act criminalises knowing conversion, transfer, concealment and acquisition/use of such property when the relevant physical acts occur in a non‑prescribed State or Territory (ss 15A-15C). This affects people in possession of cash, assets, real property, or rights that are or may be proceeds of qualifying offences.

Key statutory duties and prohibitions are defined primarily through s 6’s definition of “dealing in drugs” and the offences established by the Act’s later provisions. Rights and procedural protections are limited and specific.

Primary duties and conduct prohibitions

Do not engage in “dealings in drugs” as defined (s 6). That covers cultivating opium poppy, coca bush or cannabis plant with intent to produce narcotics (s 6(1)(a)); separating opium, coca leaves, cannabis or resin from plants (s 6(1)(b)); making/manufacturing/extracting/preparing narcotics or psychotropic substances (s 6(1)(c)); possessing with the intention of manufacture/extraction/preparation (s 6(1)(d)); selling, supplying or possessing with intent to sell/supply (s 6(1)(e)); importing/exporting or possessing with intent to do so (s 6(1)(f)); facilitating manufacture, transport or distribution of substances or equipment listed in the Annex Tables with knowledge they are to be used for manufacture/extraction/preparation (s 6(1)(fa)); organising, managing or financing such dealings (s 6(1)(fb)); and possessing substances or equipment with knowledge they are to be used for such purposes (s 6(1)(g)). Conspiracies, attempts, parties, aiding/abetting, counselling, procuring, and incitement are also captured (s 6(2)).
Avoid possession in Australia of substances listed in Table I or II in the Annex together with equipment or materials knowing they are being or are to be used for manufacture/extraction/preparation that would constitute an offence against a Commonwealth, State/Territory or foreign law (s 9). s 9 prescribes specific maximum penalties and makes certain physical elements absolute‑liability items.
Do not engage in the extraterritorial forms of dealing described: on Australian aircraft in flight (s 10), on Australian ships at sea (s 11), outside Australia where the conduct is an offence abroad and would be an offence in an Australian State/Territory (s 12), or outside Australia with a view to carrying out a dealing in Australia or aboard Australian vessels/aircraft (s 13). The Act also punishes conspiracies and attempts outside Australia to commit offences inside Australia (s 14).
If a person knows property was derived from a “serious State drug offence” (as defined), they must not convert, transfer, conceal/disguise, acquire, possess or use that property in a non‑prescribed State/Territory (ss 15A-15C). Each is an offence carrying up to 20 years imprisonment.

Evidentiary presumptions and burdens

Penalties under this Act are precise, graduated, and in some cases severe. Enforcement architecture combines Commonwealth prosecutorial centralisation with evidentiary features that lower the prosecution’s persistent burdens for certain elements.

Penalty structure

Section 9 (possession of listed substances, equipment or materials knowing they are used for manufacture/extraction/preparation). The maximum penalty is up to 5 years’ imprisonment if the substance/equipment is or will be used for manufacture/extraction/preparation of a psychotropic substance referred to in Part 2 of Schedule 3 (s 9(1)(c)), and up to 10 years in any other case (s 9(1)(d)). Absolute liability applies to the physical elements that the possession is in Australia, that the substance is listed in Annex Table I or II, and that the dealing in drugs in which the material is used would constitute the relevant dealing (s 9(2)).
Sections 10-14 (dealing in drugs on Australian aircraft or ships; dealing outside Australia; dealing outside Australia with a view to commission inside Australia; conspiracy/attempt outside Australia to commit inside). These sections create offenses, and s 15 sets out the penalties for convictions under ss 10-13. The penalties are tiered by the nature of the dealing in drugs:
- Cultivation (s 6(1)(a)): s 15(2) table sets maximum imprisonment by number/scale of plants cultivated. For opium poppy or coca bush, cultivation of more than 1,000 plants attracts life imprisonment; 21-1,000 plants, up to 25 years; 6-20 plants, up to 10 years; 1-5 plants up to 5 years. For cannabis, more than 1,000 plants also attracts life, 21-1,000 plants up to 10 years, 6-20 plants up to 5 years, 1-5 plants up to 2 years (s 15(2) table).
- Separation from plant (s 6(1)(b)): penalty up to 10 years (s 15(3)).
- Manufacture or possession for manufacture (s 6(1)(c) or (d)): up to 10 years for narcotic drugs or psychotropic substances in Part 1 of Schedule 3; up to 5 years for psychotropic substances in Part 2 (s 15(4)).
- Sale, supply or possession for sale/supply (s 6(1)(e)): s 15(5) applies a table where commercial quantities of drugs result in maximum imprisonment of life, traffickable quantities attract lower maxima (10 or 25 years depending on cannabis or “any other case”), and less than traffickable quantities attract still lower maxima (2 or 5 years). The table distinguishes cannabis‑related penalties from other drugs (s 15(5) table).

The Act is constructed to sit alongside Commonwealth, State and Territory laws and to implement an international treaty obligation. Its interactions with other laws are explicit in several places; the text also builds in mechanisms to avoid conflict in certain respects.

Non‑exclusion and concurrency (s 5(1)). The Act expressly provides that it is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory (s 5(1)). That means the Act is designed to operate concurrently with existing laws rather than as a substitute for State or federal offences. Many of the Commonwealth offences created by this Act depend on conduct that would constitute an offence under State or Territory law if committed there (for instance s 10 requires conduct that “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”). The Act therefore imports State criminality as a condition for Commonwealth liability in some extraterritorial settings.

Double jeopardy safeguard for foreign convictions (s 5(2)). The Act prevents conviction under this Act for conduct already prosecuted abroad: where a person has been convicted in a country outside Australia of an offence in respect of any conduct, that person is not liable to be convicted of an offence against this Act in respect of the same conduct (s 5(2)). This operates as a limited double‑jeopardy or overlap safeguard across jurisdictions.

Application of the Criminal Code (s 4A). Chapter 2 of the Criminal Code applies to all offences against this Act (s 4A). That brings Commonwealth general principles of criminal responsibility , including, but not limited to, fault elements, corporate liability, and the Criminal Code’s absolute‑liability rules , into direct application. The Act itself references the Criminal Code’s absolute‑liability provision (noting “see section 6.2 of the Criminal Code”) in multiple sections when declaring absolute liability to apply to specified physical elements.

Relationship to the Convention and treaty law. The Act implements the Convention (s 3), including the Annex Tables shown in the Convention (the Act incorporates those lists and uses them in s 9 and elsewhere). Section 20 allows the Foreign Affairs Minister to certify the Convention’s entry into force for Australia, and that certificate is prima facie evidence in proceedings (s 20). The Act also clarifies that matters under the Act, including questions of interpretation of the Convention for the purposes of the Act, are not matters arising directly under a treaty for the purposes of s 38 of the Judiciary Act 1903 (s 21). That limits the use of the Judiciary Act’s jurisdictional gateway for treating treaty issues as matters arising directly under treaties.

The text supplied does not include any schedules of amendments, notes about amendment dates, nor parliamentary amendment history. The Act as provided contains internal cross‑references to other legislation , for example the Criminal Code, the Civil Aviation Act 1988, the Diplomatic Privileges and Immunities Act 1967, the Australian Federal Police Act 1979, the Legislation Act 2003, and the Extradition Act 1988 , but the text does not record amendment milestones to this Act itself.

Two features in the text are, however, constructed to accommodate future change without further amendment: the definition of “Convention” in s 3 includes the Convention “as amended from time to time in relation to Australia,” which permits treaty amendments to bind the Act’s reference point without legislative change. Also, s 22 grants regulation‑making power and sets an administrative route for prescribing matters and States/Territories for ss 15A-15C, subject to the legal constraint in s 22(2).

If you require a chronological amendment log, commencement dates of particular provisions, legislative history or parliamentary materials (second reading speeches, explanatory memoranda), those materials are not present in the supplied text. To construct a formal amendment history you will need to consult the Federal Register of Legislation, parliamentary records or a consolidated version of the Act showing amendment notes. The text given is an authoritative statement of the statute’s current operative provisions but contains no internal record of prior amendments.

The provided statute text contains no case citations, judicial decisions, or references to litigation applying or interpreting the Act. It does not list any judicial rulings, High Court considerations, decisions of appellate courts, or example prosecutions. The only judicial‑adjacent textual reference is the point that Chapter 2 of the Criminal Code applies (s 4A) and the direction that questions of treaty interpretation for the purposes of the Act are not matters arising directly under a treaty for the purposes of s 38 of the Judiciary Act 1903 (s 21).

Accordingly, no litigation history is available in the material supplied. To identify and analyse judicial interpretation, appellate decisions about the Act’s provisions, or contested points such as the scope of absolute liability, operation of s 8A on inferring knowledge, constitutionality of extraterritorial reach, or the procedural effect of s 16’s AG consent in prosecutions, one must consult court databases and reported decisions. The Act itself contains no case law.

The Act contains a number of technical traps and implementation risks that materially affect legal exposure and compliance.

Absolute‑liability elements (multiple sections). Several provisions make crucial physical circumstances absolute‑liability elements, meaning the prosecution need not prove mens rea as to those facts. Examples include the requirement that possession be in Australia, that a substance is listed in Annex Tables, that an importation is into Australia or exportation from Australia, or that conversion/possession takes place in a non‑prescribed State/Territory (see s 9(2); s 10(3); s 11(2); s 12(3); s 13(2); s 14(2); ss 15A-15C(2)). Because absolute liability removes the need for fault on those elements, accused persons face a narrower evidentiary route to rebut. These provisions repeatedly refer the reader to s 6.2 of the Criminal Code for the legal meaning and consequences of absolute liability. Practically, actors who are careful about subjective intent may still be exposed where physical facts are incontrovertible and declared absolute‑liability.

Inference of knowledge from objective facts (s 8A). Section 8A allows a court to infer knowledge, intent or purpose from objective factual circumstances; combined with absolute‑liability elements this can significantly restrict accused persons’ defences where circumstantial evidence points to culpable knowledge.

Extraterritorial coverage and definitional subtleties. The Act treats conduct on Australian aircraft in flight and Australian ships at sea differently from “conduct engaged in outside Australia” (s 3). In particular, “conduct engaged in outside Australia” does not include conduct on board Australian aircraft in flight outside Australia or on board an Australian ship at sea. Nevertheless, separate offences cover those contexts (ss 10-11). The statutory definitions of when a flight commences and ends are technical (s 7) and may produce unexpected jurisdictional consequences (for example, an act may be within a flight period even if committed while still on the tarmac depending on door closing or movement). Similarly, a ship is “at sea” when it is not within limits of a State or Territory or the limits of a foreign country (s 8), which may produce edge‑case questions for ships within territorial sea landward sides (the Act defines Australian coastal sea in s 3).

Presumption about traffickable/commercial quantities (s 17). Possessing, importing or exporting traffickable or commercial quantities carries a rebuttable presumption of intent to sell or supply (s 17). The quantity thresholds are numeric and located in the Schedules. Defence strategies will need to engage with the presumption and provide evidence to rebut it. The statutory presumption simplifies the Crown’s initial case on intent where the quantitative threshold is met.

Compliance under this Act requires aligning operational practices with the statutory definitions, avoiding the conduct captured by s 6, mitigating exposure to absolute‑liability elements, and establishing documentary evidence to rebut presumptions where quantitative thresholds are approached.

Practical compliance steps grounded in the statute

Map the substance lists and quantity thresholds. Consult Schedule 2 (narcotic drugs) and Schedule 3 (psychotropic substances) to establish which controlled substances your operations might touch and the numerical thresholds that trigger “traffickable” and “commercial” categories (s 3 definitions; Schedules). Compliance systems should categorise inventory by schedule listings and monitor aggregate quantities so that possession or transfer does not unexpectedly meet traffickable or commercial thresholds triggering s 17’s presumption of intent to sell/supply and higher penalties under s 15.
Strengthen know‑your‑customer and counterparty due diligence. Many offences hinge on knowledge elements (for instance s 9 , possession of Annex Table substances or equipment “knowing” they are used for manufacture/extraction/preparation). The Act permits inference of knowledge from objective facts (s 8A) and in some cases makes physical elements absolute‑liability. Maintain contemporaneous client onboarding records, declarations, end‑use certificates, and transaction records that demonstrate legitimate purposes. Suppliers should require documented end‑use statements and verify licences for medical or research recipients.
Avoid absolute‑liability triggers where possible. Several absolute‑liability elements are physical facts (e.g. possession in Australia, that the substance is one listed in the Annex, that importation is into Australia). Where activities have international components, structure logistics and documentation to show lawful chain of custody and that activities do not meet the statutory physical facts within Australia. However, note that the Act treats conduct on Australian aircraft in flight and Australian ships at sea as within Commonwealth jurisdiction (ss 10-11), so merely placing goods on board a Commonwealth aircraft/ship will not shield actors from liability.
Inventory controls and segregation. For facilities handling hemp, cannabis or cannabinoid products, the Act’s definition of cannabis (s 3) and THC thresholds in the schedules make it critical to segregate non‑flowering plant materials (seeds, leaves) from flowering tops, and to document resin extraction processes. “Cannabis” is defined as flowering/fruiting tops excluding seeds and leaves when not accompanied by the tops (s 3). Processes that separate resin may be separately regulated (s 3 exclude separation from manufacture definition but separation is a separate dealing under s 6(1)(b)), so ensure accurate labelling and records.

Part 1—Preliminary

1 Short Title

This Act may be cited as the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.

2 Commencement

This Act commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.

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 under regulations made under the Civil Aviation Act 1988; 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.

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

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.

4 Act extends to external Territories

This Act extends to all external Territories.

4A Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

5 Effect of this Act on other laws

(1) This Act is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory. (2) Where a person has been convicted in a country outside Australia of an offence against the law of that country in respect of any conduct, that person is not liable to be convicted of an offence against this Act in respect of that conduct.

6 Meaning of dealing in drugs

(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.

7 Meaning of flight in relation to aircraft

For the purposes of this Act: (a) a flight of an aircraft commences: (i) at the time of the closing of the last external door of the aircraft to be closed before the aircraft first moves for the purpose of taking off from any place; or (ii) if subparagraph (i) is not applicable—at the time at which the aircraft first moves for the purpose of taking off from any place; and (b) a flight of an aircraft ends: (i) at the time of the opening of the first external door of the aircraft to be opened after the aircraft comes to rest after its next landing after the commencement of the flight; or (ii) if subparagraph (i) is not applicable—at the time at which the aircraft comes to rest after its next landing after the commencement of the flight; or, if the aircraft is destroyed, or the flight is abandoned, before either subparagraph (i) or subparagraph (ii) becomes applicable, at the time at which the aircraft is destroyed or the flight is abandoned, as the case may be.

8 Meaning of ship at sea

For the purposes of this Act, a ship is taken to be at sea when it is not within: (a) the limits of a State or Territory; or (b) the limits of a foreign country.

8A Proof of knowledge, intent or purpose

(1) If a particular knowledge, intent or purpose is an element of an offence against this Act, that knowledge, intent or purpose may be inferred from objective factual circumstances. (2) Subsection (1) is not intended to exclude or limit any other way of proving knowledge, intent or purpose as an element of an offence for the purposes of a prosecution.

An Act to make provision with respect to the traffic in narcotic drugs and psychotropic substances in accordance with the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

Part 1—Preliminary

1 Short Title

This Act may be cited as the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.

2 Commencement

This Act commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.

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 under regulations made under the Civil Aviation Act 1988; 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.

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

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;

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.

4 Act extends to external Territories

This Act extends to all external Territories.

4A Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

5 Effect of this Act on other laws

6 Meaning of dealing in drugs

7 Meaning of flight in relation to aircraft

8 Meaning of ship at sea

For the purposes of this Act, a ship is taken to be at sea when it is not within: (a) the limits of a State or Territory; or (b) the limits of a foreign country.

8A Proof of knowledge, intent or purpose

Part 2—Offences

9 Possession of equipment etc.

(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; commits 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.

10 Dealing in drugs on board an Australian aircraft

(1) A person commits an offence against this section if: (a) the person, on board an Australian aircraft in flight, whether in or outside Australia, engages in conduct that is a dealing in drugs; and (b) 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) This section does not apply in relation to conduct engaged in by a person on board an Australian aircraft in flight between 2 places in the same State or in the same Territory. (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 on board an Australian aircraft in flight, whether in or outside Australia; (b) 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; (c) if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia; (d) 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.

11 Dealing in drugs on board an Australian ship

(1) A person commits an offence against this section if: (a) the person, on board an Australian ship at sea, engages in conduct that is a dealing in drugs; and (b) the conduct if engaged in by the person in a State or Territory would constitute an offence against a law of the Commonwealth. (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 on board an Australian ship at sea; (b) that the conduct if engaged in by the person in a State or Territory would constitute an offence against a law of the Commonwealth; (c) if paragraph 6(1)(f) applies—that the importation is into Australia, or the exportation is from Australia; (d) 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.

12 Dealing in drugs outside Australia

(1) A person commits 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.

13 Dealing in drugs outside Australia with a view to commission of offence in Australia etc.

(1) A person commits 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.

14 Conspiracy etc. outside Australia to commit offence inside Australia

(1) A person who, by conduct engaged in outside Australia: (a) conspires, or attempts, to carry out in a State or Territory; or (b) aids, abets, counsels or procures, or is in any way directly or indirectly knowingly concerned in, or party to, the carrying out in a State or Territory of; a dealing in drugs referred to in subsection 6(1) that constitutes an offence against a law of that State or Territory commits an offence against this section and is punishable, on conviction, by the same penalty as would be applicable if the person were convicted of the first‑mentioned offence. (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 dealing in drugs is carried out, or is to be carried out, in a State or Territory; (c) that the carrying out of the dealing in drugs constitutes an offence against a law of 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.

15 Penalties for offences against sections 10 to 13

(1) A person convicted of an offence against section 10, 11, 12 or 13 is punishable in accordance with this section. [Penalty where offence involves cultivation of opium poppy etc.] (2) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(a), the penalty is imprisonment for a period not exceeding such period as is applicable in accordance with the following table:

TABLE

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr><td style="width:62.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td colspan="4" style="width:281pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Maximum Period of Imprisonment</span></p></td></tr><tr><td style="width:62.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:middle"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">Kind of cultivation</span></p></td><td style="width:53.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If more than 1000 plants cultivated</span></p></td><td style="width:71.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If not more than 1000 but more than 20 plants cultivated</span></p></td><td style="width:66.2pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If not more than 20 but more than 5 plants cultivated</span></p></td><td style="width:57.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If not more than 5 plants cultivated</span></p></td></tr><tr><td style="width:62.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Cultivation of opium poppy and coca bush</span></p></td><td style="width:53.65pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td><td style="width:71.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>25 years</span></p></td><td style="width:66.2pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10 years</span></p></td><td style="width:57.05pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years</span></p></td></tr><tr><td style="width:62.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Cultivation of cannabis plant</span></p></td><td style="width:53.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td><td style="width:71.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10 years</span></p></td><td style="width:66.2pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years</span></p></td><td style="width:57.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2 years</span></p></td></tr></tbody></table>

[Penalty where offence involves separation of opium etc. from plant] (3) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(b), the penalty is imprisonment for a period not exceeding 10 years. [Penalty where offence involves manufacture etc., or possession for manufacture etc., of narcotic drug etc.] (4) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(c) or (d), the penalty for the offence is imprisonment for a period not exceeding: (a) if the dealing is in respect of a narcotic drug or a psychotropic substance referred to in Part 1 of Schedule 3—10 years; or (b) if the dealing is in respect of a psychotropic substance referred to in Part 2 of Schedule 3—5 years. [Penalty where offence involves sale, supply, or possession for sale or supply, of narcotic drug etc.] (5) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(e), the penalty is imprisonment for a period not exceeding: (a) if the dealing is in respect of a narcotic drug or a psychotropic substance referred to in Part 1 of Schedule 3—such period as is applicable in accordance with the table set out at the end of this subsection; or (b) if the dealing is in respect of a psychotropic substance referred to in Part 2 of Schedule 3—2 years.

TABLE

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr><td style="width:171.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td colspan="2" style="width:171.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Maximum Period of Imprisonment</span></p></td></tr><tr><td style="width:171.8pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Quantity of drug or substance</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Where cannabis sold or supplied</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">In any other case</span></p></td></tr><tr><td style="width:171.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>If a commercial quantity of the drug or substance was sold, supplied or possessed</span></p></td><td style="width:80.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td><td style="width:80.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td></tr><tr><td style="width:171.8pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>If a traffickable quantity of the drug or substance was sold, supplied or possessed</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10 years</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>25 years</span></p></td></tr><tr><td style="width:171.8pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>If less than a traffickable quantity of the drug or substance was sold, supplied or possessed</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2 years</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years</span></p></td></tr></tbody></table>

[Penalty where offence involves importation, exportation, or possession for importation or exportation, of narcotic drug etc.] (6) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(f): (a) if the court is satisfied that: (i) the narcotic drug or psychotropic substance that is the subject matter of the dealing was imported into Australia, or exported from Australia, with the intention of sale or supply; or (ii) the person possessed the narcotic drug or psychotropic substance with the intention of importation into Australia, or exportation from Australia, with the intention of sale or supply; the person is punishable as if the person had sold or supplied the drug or substance or possessed it with the intention of sale or supply (as the case may be); or (b) if paragraph (a) does not apply—the penalty is imprisonment for a period not exceeding: (i) if the dealing is in respect of a narcotic drug or a psychotropic substance referred to in Part 1 of Schedule 3—2 years; or (ii) if the dealing is in respect of a psychotropic substance referred to in Part 2 of Schedule 3—12 months. [Penalty where offence involves possession of specified substance etc.] (7) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6(1)(g), the person is punishable as if the person had been convicted of an offence against section 9. [Penalty for conspiring etc.] (8) Where the person committed the offence by: (a) conspiring, or attempting, to engage in; or (b) aiding, abetting, counselling or procuring, or being by act or omission in any way directly or indirectly knowingly concerned in, or a party to; or (c) inciting to, urging or encouraging; any conduct that is, under subsection 6(1), a dealing in drugs, the person is punishable as if the person had actually engaged in that conduct.

15A Intentionally converting etc. property derived from a serious State drug offence

(1) Any person who, knowing that any property was derived from a serious State drug offence, in a State other than a prescribed State or a Territory other than a prescribed Territory: (a) converts that property to his or her own use or to the use of another person; or (b) transfers that property to another person; with the intention of: (c) concealing or disguising that the property was derived from the offence; or (d) assisting another person involved in the commission of the offence to evade the legal consequences of that involvement; commits an offence punishable, on conviction, by imprisonment for a period not exceeding 20 years. (2) For the purposes of an offence against this section, absolute liability applies to the physical element of circumstance of the offence, that the conversion or transfer of property takes place in: (a) a State other than a prescribed State; or (b) a Territory other than a prescribed Territory.

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

15B Intentionally concealing etc. property derived from a serious State drug offence

(1) Any person who, knowing that any property was derived from a serious State drug offence, in a State other than a prescribed State or a Territory other than a prescribed Territory, conceals or disguises: (a) the nature, source, or location, of the property; or (b) any movement of the property; or (c) the rights of any person with respect to the property; or (d) the identity of any owner of the property; commits an offence punishable, on conviction, by imprisonment for a period not exceeding 20 years. (2) For the purposes of an offence against this section, absolute liability applies to the physical element of circumstance of the offence, that the concealing or disguising takes place in: (a) a State other than a prescribed State; or (b) a Territory other than a prescribed Territory.

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

15C Intentionally acquiring etc. property derived from a serious State drug offence

(1) If: (a) a person, in a State other than a prescribed State or a Territory other than a prescribed Territory, acquires, has in his or her possession or uses any property; and (b) the person knows or knew at the time when he or she receives or received the property that it was derived from a serious State drug offence; the person commits an offence punishable, on conviction, by imprisonment for a period not exceeding 20 years. (2) For the purposes of an offence against this section, absolute liability applies to the physical element of circumstance of the offence, that the acquisition, possession or use is in: (a) a State other than a prescribed State; or (b) a Territory other than a prescribed Territory.

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

Part 3—Miscellaneous

16 Prosecutions

(1) Proceedings for the commitment of a person for trial on indictment for an offence against this Act may not be instituted without the consent in writing of the Attorney‑General. (2) Even though a consent in accordance with subsection (1) has not been given in relation to an offence against this Act: (a) a person may be charged with an offence against this Act; and (b) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and (c) a person so charged may be remanded in custody or on bail; but no further step in proceedings referred to in subsection (1) may be taken until such a consent has been given. (3) Subsection (2) does not prevent the discharge of the accused if proceedings are not continued within a reasonable time.

17 Presumption that traffickable quantity etc. of narcotic drug etc. is for sale or supply

For the purposes of this Act, where a person: (a) has in his or her possession; or (b) imports into, or exports from, Australia; or (c) has in his or her possession with the intention of importation into, or exportation from, Australia; a traffickable quantity or a commercial quantity of a narcotic drug or of a psychotropic substance specified in Part 1 of Schedule 3, it is presumed that: (d) the possession; or (e) the importation or exportation; or (f) the intended importation or exportation; as the case may be, is with the intention of sale or supply, but that presumption is rebuttable.

18 Venue where offence committed on aircraft

Where, in the trial on indictment in a court of a State or Territory of an offence against this Act committed on an aircraft in flight, an act constituting in whole or in part the offence charged is proved, it must be presumed, unless the evidence shows the contrary, that that act did not take place in another part of Australia, being a State.

19 Change of venue

(1) Where, at any time after the presentation in a court of a State or Territory of an indictment for an offence against this Act committed on an aircraft in flight and before the jury has returned its verdict: (a) the defendant objects to the trial on the ground that the offence, if committed, was committed in another part of Australia, being a State; and (b) the court is satisfied that the offence, if committed, was committed in that other part of Australia; the court must forthwith order that the proceedings on the indictment be discontinued and, if the jury has been empanelled, that the jury be discharged, and that the defendant appear before that court or another court of the first‑mentioned State or Territory at a specified time, not later than 28 days after the day on which the order is made, to be dealt with in accordance with this section. (2) Where a court makes an order under subsection (1), the court may also: (a) order that the defendant be kept in such custody as is specified in the order; or (b) admit the defendant to bail, on such recognizances as the court thinks fit. (3) If, before the time at which the defendant is to appear before a court pursuant to an order under subsection (1), the Attorney‑General or the Director of Public Prosecutions notifies that court that he or she does not intend to file an indictment against the defendant in a court of another part of Australia, the first‑mentioned court must, as soon as practicable after being so notified, make an order: (a) discharging the defendant from the obligation to appear before that court at that time; and (b) directing: (i) if the defendant is held in custody—that he or she be released; or (ii) if he or she has been admitted to bail—that the recognizances upon which he or she was admitted to bail be discharged. (4) If, at or before the time at which the defendant is to appear before a court pursuant to an order under subsection (1), the Attorney‑General or the Director of Public Prosecutions notifies that court that he or she has filed an indictment against the defendant in a court of another part of Australia, the first‑mentioned court must: (a) if the defendant is in custody—forthwith; or (b) in any other case—as soon as practicable after the time at which the defendant is to appear before that court; make an order directing that the defendant be taken, as soon as practicable, in the custody of such person as it directs, to the part of Australia in which the indictment was filed and there be delivered to the custody of a person having authority to arrest the defendant, and may make such further orders as it thinks necessary for facilitating the carrying into effect of the first‑mentioned order. (5) If: (a) at the time at which the defendant is to appear before a court pursuant to an order under subsection (1), neither the Attorney‑General nor the Director of Public Prosecutions has notified that court that he or she does not intend to file an indictment against the defendant in a court in another part of Australia; and (b) neither the Attorney‑General nor the Director of Public Prosecutions notifies the first‑mentioned court before or at that time that he or she has filed such an indictment; and (c) the defendant is in custody; the first‑mentioned court must, at that time, make an order directing that the defendant be released. (6) Where an order has been made under subsection (1) in relation to an indictment, the proceedings on that indictment do not, and that order does not, prevent or prejudice any other indictment, or any information, against the defendant, whether on the same charge or on any other charge. (7) The jurisdiction of a court under subsection (3), (4) or (5) may be exercised by the court constituted by a single judge or magistrate.

20 Certificates by Foreign Affairs Minister

(1) The Foreign Affairs Minister may give a written certificate stating that: (a) the Convention entered into force for Australia on a particular day; and (b) as at the date of the certificate, the Convention remains in force for Australia. (2) A certificate given under subsection (1) is admissible in any proceedings as prima facie evidence of the matters stated in the certificate.

21 Section 38 of Judiciary Act

A matter arising under this Act, including a question of interpretation of the Convention for the purposes of this Act, is not, for the purposes of section 38 of the Judiciary Act 1903, a matter arising directly under a treaty.

22 Regulations

(1) The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The Governor‑General may not make regulations prescribing a State or Territory for the purposes of section 15A, 15B or 15C (in this subsection called the relevant section) unless the Governor‑General is satisfied that any conduct that, immediately before the making of the regulations, is an offence against the relevant section is also an offence against a law of that State or Territory. (3) For the purposes of the Legislation Act 2003, the Minister administering the Australian Federal Police Act 1979 is the rule‑maker for regulations made for the purposes of this Act. (4) Subsection (3) applies despite subsection 6(1) of the Legislation Act 2003.

9 Possession of equipment etc.

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

10 Dealing in drugs on board an Australian aircraft

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

11 Dealing in drugs on board an Australian ship

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

12 Dealing in drugs outside Australia

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

13 Dealing in drugs outside Australia with a view to commission of offence in Australia etc.

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

14 Conspiracy etc. outside Australia to commit offence inside Australia

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

15 Penalties for offences against sections 10 to 13

TABLE

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr><td style="width:62.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td colspan="4" style="width:281pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Maximum Period of Imprisonment</span></p></td></tr><tr><td style="width:62.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:middle"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">Kind of cultivation</span></p></td><td style="width:53.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If more than 1000 plants cultivated</span></p></td><td style="width:71.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If not more than 1000 but more than 20 plants cultivated</span></p></td><td style="width:66.2pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If not more than 20 but more than 5 plants cultivated</span></p></td><td style="width:57.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If not more than 5 plants cultivated</span></p></td></tr><tr><td style="width:62.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Cultivation of opium poppy and coca bush</span></p></td><td style="width:53.65pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td><td style="width:71.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>25 years</span></p></td><td style="width:66.2pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10 years</span></p></td><td style="width:57.05pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years</span></p></td></tr><tr><td style="width:62.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Cultivation of cannabis plant</span></p></td><td style="width:53.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td><td style="width:71.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10 years</span></p></td><td style="width:66.2pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years</span></p></td><td style="width:57.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2 years</span></p></td></tr></tbody></table>

TABLE

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr><td style="width:171.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td colspan="2" style="width:171.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Maximum Period of Imprisonment</span></p></td></tr><tr><td style="width:171.8pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Quantity of drug or substance</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Where cannabis sold or supplied</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">In any other case</span></p></td></tr><tr><td style="width:171.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>If a commercial quantity of the drug or substance was sold, supplied or possessed</span></p></td><td style="width:80.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td><td style="width:80.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td></tr><tr><td style="width:171.8pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>If a traffickable quantity of the drug or substance was sold, supplied or possessed</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10 years</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>25 years</span></p></td></tr><tr><td style="width:171.8pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>If less than a traffickable quantity of the drug or substance was sold, supplied or possessed</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2 years</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years</span></p></td></tr></tbody></table>

15A Intentionally converting etc. property derived from a serious State drug offence

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

15B Intentionally concealing etc. property derived from a serious State drug offence

(1) Any person who, knowing that any property was derived from a serious State drug offence, in a State other than a prescribed State or a Territory other than a prescribed Territory, conceals or disguises: (a) the nature, source, or location, of the property; or (b) any movement of the property; or (c) the rights of any person with respect to the property; or (d) the identity of any owner of the property; commits an offence punishable, on conviction, by imprisonment for a period not exceeding 20 years. (2) For the purposes of an offence against this section, absolute liability applies to the physical element of circumstance of the offence, that the concealing or disguising takes place in: (a) a State other than a prescribed State; or (b) a Territory other than a prescribed Territory.

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

15C Intentionally acquiring etc. property derived from a serious State drug offence

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

Part 1—Preliminary

1 Short Title

This Act may be cited as the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.

2 Commencement

This Act commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.

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 under regulations made under the Civil Aviation Act 1988; 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.

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

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;

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.

4 Act extends to external Territories

This Act extends to all external Territories.

4A Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

5 Effect of this Act on other laws

6 Meaning of dealing in drugs

7 Meaning of flight in relation to aircraft

8 Meaning of ship at sea

For the purposes of this Act, a ship is taken to be at sea when it is not within: (a) the limits of a State or Territory; or (b) the limits of a foreign country.

8A Proof of knowledge, intent or purpose

Part 2—Offences

9 Possession of equipment etc.

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

10 Dealing in drugs on board an Australian aircraft

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

11 Dealing in drugs on board an Australian ship

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

12 Dealing in drugs outside Australia

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

13 Dealing in drugs outside Australia with a view to commission of offence in Australia etc.

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

14 Conspiracy etc. outside Australia to commit offence inside Australia

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

15 Penalties for offences against sections 10 to 13

TABLE

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr><td style="width:62.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td colspan="4" style="width:281pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Maximum Period of Imprisonment</span></p></td></tr><tr><td style="width:62.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:middle"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">Kind of cultivation</span></p></td><td style="width:53.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If more than 1000 plants cultivated</span></p></td><td style="width:71.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If not more than 1000 but more than 20 plants cultivated</span></p></td><td style="width:66.2pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If not more than 20 but more than 5 plants cultivated</span></p></td><td style="width:57.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">If not more than 5 plants cultivated</span></p></td></tr><tr><td style="width:62.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Cultivation of opium poppy and coca bush</span></p></td><td style="width:53.65pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td><td style="width:71.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>25 years</span></p></td><td style="width:66.2pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10 years</span></p></td><td style="width:57.05pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years</span></p></td></tr><tr><td style="width:62.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Cultivation of cannabis plant</span></p></td><td style="width:53.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td><td style="width:71.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10 years</span></p></td><td style="width:66.2pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years</span></p></td><td style="width:57.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2 years</span></p></td></tr></tbody></table>

TABLE

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr><td style="width:171.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td colspan="2" style="width:171.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Maximum Period of Imprisonment</span></p></td></tr><tr><td style="width:171.8pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Quantity of drug or substance</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Where cannabis sold or supplied</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">In any other case</span></p></td></tr><tr><td style="width:171.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>If a commercial quantity of the drug or substance was sold, supplied or possessed</span></p></td><td style="width:80.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td><td style="width:80.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Life</span></p></td></tr><tr><td style="width:171.8pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>If a traffickable quantity of the drug or substance was sold, supplied or possessed</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10 years</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>25 years</span></p></td></tr><tr><td style="width:171.8pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>If less than a traffickable quantity of the drug or substance was sold, supplied or possessed</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2 years</span></p></td><td style="width:80.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years</span></p></td></tr></tbody></table>

15A Intentionally converting etc. property derived from a serious State drug offence

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

15B Intentionally concealing etc. property derived from a serious State drug offence

(1) Any person who, knowing that any property was derived from a serious State drug offence, in a State other than a prescribed State or a Territory other than a prescribed Territory, conceals or disguises: (a) the nature, source, or location, of the property; or (b) any movement of the property; or (c) the rights of any person with respect to the property; or (d) the identity of any owner of the property; commits an offence punishable, on conviction, by imprisonment for a period not exceeding 20 years. (2) For the purposes of an offence against this section, absolute liability applies to the physical element of circumstance of the offence, that the concealing or disguising takes place in: (a) a State other than a prescribed State; or (b) a Territory other than a prescribed Territory.

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

15C Intentionally acquiring etc. property derived from a serious State drug offence

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

Part 3—Miscellaneous

16 Prosecutions

17 Presumption that traffickable quantity etc. of narcotic drug etc. is for sale or supply

18 Venue where offence committed on aircraft

19 Change of venue

20 Certificates by Foreign Affairs Minister

21 Section 38 of Judiciary Act

22 Regulations

16 Prosecutions

17 Presumption that traffickable quantity etc. of narcotic drug etc. is for sale or supply

18 Venue where offence committed on aircraft

19 Change of venue

20 Certificates by Foreign Affairs Minister

21 Section 38 of Judiciary Act

22 Regulations

Part 1 Preliminary

Part 1—Preliminary

1 Short Title

This Act may be cited as the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.

2 Commencement

This Act commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.

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 under regulations made under the Civil Aviation Act 1988; 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.

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

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;

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.

4 Act extends to external Territories

This Act extends to all external Territories.

4A Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

5 Effect of this Act on other laws

6 Meaning of dealing in drugs

7 Meaning of flight in relation to aircraft

8 Meaning of ship at sea

For the purposes of this Act, a ship is taken to be at sea when it is not within: (a) the limits of a State or Territory; or (b) the limits of a foreign country.

8A Proof of knowledge, intent or purpose

Part 2 Offences

Part 1—Preliminary

1 Short Title

This Act may be cited as the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.

2 Commencement

This Act commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.

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 under regulations made under the Civil Aviation Act 1988; 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.

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

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;

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.

4 Act extends to external Territories

This Act extends to all external Territories.

Plain English Summary

Deep Dive

What it does

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Current sections

Preliminary

Part 1—Preliminary

Short Title

1 Short Title

Commencement

2 Commencement

Interpretation

3 Interpretation

Act extends to external Territories

4 Act extends to external Territories

Application of the Criminal Code

4A Application of the Criminal Code

Effect of this Act on other laws

5 Effect of this Act on other laws

Meaning of dealing in drugs

6 Meaning of dealing in drugs

Meaning of flight in relation to aircraft

7 Meaning of flight in relation to aircraft

Meaning of ship at sea

8 Meaning of ship at sea

Proof of knowledge, intent or purpose

8A Proof of knowledge, intent or purpose

Offences

Part 1—Preliminary

1 Short Title

2 Commencement

3 Interpretation

4 Act extends to external Territories

4A Application of the Criminal Code

5 Effect of this Act on other laws

6 Meaning of dealing in drugs

7 Meaning of flight in relation to aircraft

8 Meaning of ship at sea

8A Proof of knowledge, intent or purpose

Part 2—Offences

9 Possession of equipment etc.

10 Dealing in drugs on board an Australian aircraft

11 Dealing in drugs on board an Australian ship

12 Dealing in drugs outside Australia

13 Dealing in drugs outside Australia with a view to commission of offence in Australia etc.

14 Conspiracy etc. outside Australia to commit offence inside Australia

15 Penalties for offences against sections 10 to 13

15A Intentionally converting etc. property derived from a serious State drug offence

15B Intentionally concealing etc. property derived from a serious State drug offence

15C Intentionally acquiring etc. property derived from a serious State drug offence

Part 3—Miscellaneous

16 Prosecutions

17 Presumption that traffickable quantity etc. of narcotic drug etc. is for sale or supply

18 Venue where offence committed on aircraft

19 Change of venue

20 Certificates by Foreign Affairs Minister

21 Section 38 of Judiciary Act

22 Regulations

Possession of equipment etc.

9 Possession of equipment etc.

Dealing in drugs on board an Australian aircraft

10 Dealing in drugs on board an Australian aircraft

Dealing in drugs on board an Australian ship

11 Dealing in drugs on board an Australian ship

Dealing in drugs outside Australia

12 Dealing in drugs outside Australia

Dealing in drugs outside Australia with a view to commission of offence in Australia etc.

13 Dealing in drugs outside Australia with a view to commission of offence in Australia etc.

Conspiracy etc. outside Australia to commit offence inside Australia

14 Conspiracy etc. outside Australia to commit offence inside Australia

Penalties for offences against sections 10 to 13

15 Penalties for offences against sections 10 to 13