13Dealing 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.

(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.