Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_59:p2
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 59 (pt 2/2)
Character Range: 93255–94485

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; and
 (b) is in possession of a quantity of cannabis not exceeding 25 grams in mass; and
 (c) knows that he or she possesses the cannabis and knows its nature.

Maximum punishment:
 (d) in the case of a first offence—a fine of the amount of the member's pay for 14 days; or
 (e) in the case of 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 cannabis.

Note: The defendant bears a legal burden in relation to the matter in subsection (8). See section 13.4 of the Criminal Code.

 (9) In this section:

cannabis means a cannabis plant, whether living or dead, and includes, in any form, any flower or fruiting tops, leaves, seeds, stalks or any other part of a cannabis plant or cannabis plants and any mixture of parts of a cannabis plant or cannabis plants, but does not include cannabis resin or cannabis fibre.

narcotic goods has the same meaning as in the Customs Act 1901.