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;
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.
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:
[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.