Document ID: chunk:federal_register_of_legislation:C2024C00861:section:59:p1
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 59 (pt 1/3)
Character Range: 156548–159191

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:
 (a) is outside Australia; and
 (b) sells, or deals or traffics in, a prohibited drug; and
 (c) knows the nature of the drug.
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.

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:
 (a) is outside Australia; and
 (b) is in possession of a prohibited drug; and
 (c) knows that he or she possesses that drug and knows its nature.
Maximum punishment:
 (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:
 (i) for a first offence—a fine of the amount of the member's pay for 14 days; or
 (ii) for a second or later offence—dismissal from the Defence Force; or
 (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:
 (a) is outside Australia; and
 (b) administers, or causes or permits to be administered, to himself or herself, a prohibited drug.
Maximum punishment:
 (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:
 (i) for a first offence—a fine of the amount of