United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)
The Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 1990 (Cth) (‘CTNDPS Act’) deals with Trading people or illegal products such as guns, drugs or ivory, often across borders, for commercial reward. narcotic drugs and psychotropic substances. The CTNDPS Act is in accordance with the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) (schedule 1 of the CTNDPS Act sets out the Convention in full).
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);
- dealing in drugs outside Australia with a view to the commission of an A criminal act prohibited by state or commonwealth criminal law. An offence is either a summary offence (minor) or an indictable offence (serious). 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).
Dealing in drugs
Subsection 6(1) of the CTNDPS Act states that:
For the purposes of this Act, each of the following is a dealing in drugs:
a the cultivation of an opium poppy, coca bush or cannabis plant for the purpose of producing narcotic drugs;
b the separation of opium, coca leaves, cannabis or cannabis resin from the plant from which they are obtained;
c the manufacture, extraction or preparation of a narcotic drug or psychotropic substance;
d the (1) Having control over property. Possession is not the same as ownership. For example, a bicycle you have borrowed from a friend is in your possession but you do not own it. (2) Having illegal drugs on your person or property. of a narcotic drug or psychotropic substance for the purpose of manufacture, extraction or preparation of another such drug or substance;
e the sale, supply, or possession with the intention of sale or supply, of a narcotic drug or psychotropic substance;
f the importation into Australia, exportation from Australia, or possession for the purpose of such importation or exportation, of a narcotic drug or psychotropic substance;
fa the manufacture, transport or distribution of any substance listed in table I or table II in the annex to the convention or of equipment or materials, with the knowledge that the substance, equipment or materials are to be used for a purpose set out in paragraph (a), (b) or (c);
fb organising, managing or financing a dealing in drugs referred to in paragraphs (a), (b), (c), (d), (e), (f) or (fa);
g the possession of any substance listed in table I or table II in the annex to the convention or of any equipment or materials, with the knowledge that the substance, equipment or materials are being used or are to be used for a purpose set out in paragraph (a), (b) or (c).
Subsection 6(2) states that:
For the purposes of this Act, each of the following is also a dealing in drugs:
a a conspiracy or attempt to engage in conduct that is, under subsection (1), a dealing in drugs;
b being a A person or organisation directly involved in a court case. Parties include the plaintiff or applicant, the defendant, and any third party added to the action, but not independent witnesses. to any dealing in drugs referred to in subsection (1);
ba aiding, abetting, counselling or procuring, or being by act or omission in any way directly or indirectly Consciously and deliberately involved in committing an offence. in, or party to, any conduct that is, under subsection (1), a dealing in drugs;
c inciting to, urging or encouraging, any conduct that is, under subsection (1), a dealing in drugs.
The party presenting evidence in court on behalf of the state or Commonwealth government against a person accused of committing a crime. Also called the Crown.
Under section 16(1), a person may not be committed for trial under the CTNDPS Act without the written To agree to something being done, to approve an action or arrangement. See also informed consent. of the Commonwealth Attorney-General. This does not prevent a person from being charged, arrested or remanded in Lawful control over a person which prevents them leaving. A person under arrest is in police custody and is not free to go. A person in prison is serving a custodial sentence that keeps them confined to the prison grounds. or on The procedure that allows a person who has been charged with an offence to be released from police control or prison until the hearing of the case. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date, or put up an amount of money that they cannot get back if they do not appear as they promised. See also undertaking. (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 A person who has been charged with a crime. Also known as a defendant. to disprove the presumption.
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.