Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_59:p1
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 59 (pt 1/2)
Character Range: 90976–93464

59  Dealing in or possession of narcotic goods

 (1) A person who is a defence member or a defence civilian is guilty of an offence if the person:
 (a) is outside Australia; and
 (b) sells, or deals or traffics in, narcotic goods; and
 (c) knows the nature of the goods.

Maximum punishment: Imprisonment for 10 years.

 (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.

 (3) A person who is a defence member or a defence civilian is guilty of an offence if the person:
 (a) is outside Australia; and
 (b) is in possession of narcotic goods; and
 (c) knows that he or she possesses those goods and knows their nature.

Maximum punishment:
 (d) if the offence is committed in relation to:
 (i) a substance other than cannabis; or
 (ii) a quantity of cannabis exceeding 25 grams in mass;
  imprisonment for 2 years; or
 (e) if the convicted person is a member of the Defence Force and the offence is committed in relation to a quantity of cannabis not exceeding 25 grams in mass:
 (i) in the case of a first offence—a fine of the amount of the member's pay for 14 days; or
 (ii) in the case of a second or later offence—dismissal from the Defence Force; or
 (f) in any other case—a fine of $100.

 (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 narcotic goods.

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

 (5) A person who is a defence member or a defence civilian is guilty of an offence if the person:
 (a) is outside Australia; and
 (b) administers to himself or herself narcotic goods other than cannabis.

Maximum punishment: Imprisonment for 2 years.

 (6) A person who is a defence member or a defence civilian is guilty of an offence if the person uses cannabis, whether within or outside Australia.

Maximum punishment:
 (a) if the convicted person is a member of the Defence Force:
 (i) in the case of a first offence—a fine of the amount of the member's pay for 14 days; or
 (ii) in the case of a second or later offence—dismissal from the Defence Force; or
 (b) in any other case—a fine of $100.

 (7) A defence member is guilty of an offence if the member:
 (a) is in Australia;