59Dealing in or possession of prohibited drugs

59  Dealing in or possession of prohibited drugs

Selling, dealing or trafficking in a prohibited drug—defence member or defence civilian outside Australia

 (1) A person who is a defence member or a defence civilian commits an offence if the person:

 (b) sells, or deals or traffics in, a prohibited drug; and

 (c) knows the nature of the drug.

 (2) It is a defence to a charge under subsection (1) if the person proves that he or she had lawful authority for the conduct mentioned in paragraph (1)(b).

Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.

Possessing a prohibited drug—defence member or defence civilian outside Australia

 (3) A person who is a defence member or a defence civilian commits an offence if the person:

 (b) is in possession of a prohibited drug; and

 (c) knows that he or she possesses that drug and knows its nature.

 (d) if the offence is committed in relation to:

 (i) a prohibited drug other than cannabis; or

 (ii) a quantity of cannabis exceeding the prescribed quantity of that drug;

  imprisonment for 2 years; or

 (e) if the offence is committed in relation to a quantity of cannabis not exceeding the prescribed quantity of that drug and the convicted person is a defence member:

 (f) if the offence is committed in relation to a quantity of cannabis not exceeding the prescribed quantity of that drug and the convicted person is a defence civilian—a fine of 3 penalty units.

 (4) It is a defence to a charge under subsection (3) if the person proves that he or she had lawful authority for possessing the prohibited drug.

Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.

Administering a prohibited drug—defence member or defence civilian outside Australia

 (5) A person who is a defence member or a defence civilian commits an offence if the person:

 (b) administers, or causes or permits to be administered, to himself or herself, a prohibited drug.

 (c) if the offence is committed in relation to a prohibited drug other than cannabis—imprisonment for 2 years; or

 (d) if the offence is committed in relation to cannabis and the convicted person is a defence member:

 (e) if the offence is committed in relation to cannabis and the convicted person is a defence civilian—a fine of 3 penalty units.

 (5A) It is a defence to a charge under subsection (5) if the person proves that he or she had lawful authority for the conduct mentioned in paragraph (5)(b).