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CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 - SECT 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 .


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