Extra-territorial drug offences

5 Feb

Written By For Good Digital

The Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 (Cth) (‘CTNDPS Act’) deals with trafficking narcotic drugs and psychotropic substances. The CTNDPS Act is in accordance with the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (schedule 1 of the CTNDPS Act sets out the Convention in full). Offences against this act are far less common than state and commonwealth drugs charges described above.

The CTNDPS Act creates offences for:
- possessing equipment, etc. (s 9);
- dealing in drugs on an Australian aircraft (s 10);
- dealing in drugs onboard an Australian ship (s 11);
- dealing in drugs outside Australia (where the person is in Australia) (s 12); and
- dealing in drugs outside Australia with a view to the commission of an offence in Australia (s 13);
- conspiring, attempting, aiding, abetting, counselling, or procuring by conduct engaged in outside Australia to commit an offence in Australia (s 14).
Prosecution
Under section 16(1), a person may not be committed for trial under the CTNDPS Act without the written consent of the Commonwealth Attorney-General. This does not prevent a person from being charged, arrested or remanded in custody or on bail (s 16(2)).
Presumption of purpose
Section 17 of the CTNDPS Act provides for a presumption that possession, importation, exportation or intended importation or exportation, of a traffickable or commercial quantity, is for the purpose of sale or supply.
Once the prosecution has established that any of these offences has been committed, and that a commercial or traffickable quantity is involved, then the onus is on the accused to disprove the presumption.
Penalties
Under the CTNDPS Act, penalties vary according to the nature of the act engaged in (cultivation, separation of drug from plant, manufacture, etc.) and the quantity involved (s 15). Distinction is made between commercial, traffickable and other quantities. The penalties for commercial quantities are more severe than those for traffickable quantities. In general, the CTNDPS Act provides for very severe penalties, including life imprisonment.