Document ID: chunk:federal_register_of_legislation:C2024C00861:section:59:p2
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 59 (pt 2/3)
Character Range: 158961–161564

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 the member's pay for 14 days; or
 (ii) for a second or later offence—dismissal from the Defence Force; or
 (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.
Maximum punishment:
 (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:
 (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
 (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.
Maximum punishment:
 (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:
 (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.
 (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: