9Possession of equipment etc.

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.