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). Administering a prohibited drug—defence member or defence civilian in Australia  (6) A person who is a defence member or a defence civilian commits an offence if the person:  (a) is in Australia; and  (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 and the convicted person is a defence member—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 convicted person is a defence civilian—a fine of 3 penalty units.  (6A) It is a defence to a charge under subsection (6) if the person proves that he or she had lawful authority for the conduct mentioned in paragraph (6)(b). Possessing non‑trafficable quantity of a prohibited drug—defence member in Australia  (7) A defence member commits an offence if the member:  (a) is in Australia; and  (b) is in possession of a quantity of a prohibited drug not exceeding the prescribed quantity of that drug; and  (c) knows that he or she possesses that drug and knows its nature.  (d) if the offence is committed in relation to a prohibited drug other than cannabis—imprisonment for 2 years; or  (e) if the offence is committed in relation to cannabis:  (ii) for a second or later offence—dismissal from the Defence Force.  (8) It is a defence to a charge under subsection (7) if the member 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 (8). See section 13.4 of the Criminal Code. Definitions  (9) In this section: cannabis means:  (a) a living cannabis plant; or  (b) cannabis resin; or  (c) any other form of cannabis (including flowering or fruiting tops, leaves, seeds or stalks, but not including cannabis fibre). controlled drug has the same meaning as in Part 9.1 of the Criminal Code. controlled plant has the same meaning as in Part 9.1 of the Criminal Code. prescribed quantity, in relation to a prohibited drug, means:  (a) for a controlled drug or a controlled plant in relation to which there is a trafficable quantity specified under the Criminal Code—the trafficable quantity so specified for that substance; or  (b) for any other prohibited drug—50 grams.