The importation or exportation of border-controlled drugs or plants is a Federal Offence that is defined in Regulation 300.2 of the Criminal Code Act 1995. Knowledge or recklessness that the substance imported or exported is a border-controlled drug is enough to warrant a conviction of the charge.
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This is where a person either manufactures or produces a drug or knowingly takes part in the manufacture of a prohibited drug. The offence is aggravated when a child is exposed to the manufacturing, production or storing process, unless the health or safety of a child under 16 is not endangered.
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Cultivating a prohibited plant is a broad offence that captures a range of activities such as: planting or growing prohibited plants, sowing or scattering seeds of prohibited plants and tending, nurturing or harvesting a plant.
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This is a broad offence that captures a range of activity such as acting as a door attendant or guard who keeps watch for police or other persons, to acting in the systematic operations of keeping any drug premises (eg. building, aircraft, vessel, place). It is not necessary that drugs are located on the premises or on the person charged.
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This is where an owner or occupier of any premises (eg. building, aircraft, vessel, place) knowingly allows the premises to be used for the supply or manufacture of drugs. It is not necessary that drugs are located on the premises or on the person charged.
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Police will usually charge a person with this offence after a surveillance of a property reveals that a person has attended the premises regularly, and at times that warrant suspicion. For example, suspicion may be aroused where a person regularly arrives at the property in the morning and leaves at night.
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This is an offence of supplying prohibited drugs (except cannabis) on three separate occasions or more, in exchange for money or other reward, within a 30-day period. It does not need to be the same prohibited drug that is supplied on each occasion.
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Under section 29 of the Drugs Misuse and Trafficking Act 1985 (NSW), a person is deemed to be supplying a prohibited drug when a traffickable quantity, or more, is found in his or her possession. Police do not have to prove an intention to supply the prohibited drug.
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Under section 25 of the Drugs Misuse and Trafficking Act 1985 (NSW), a person may be charged with this offence where it is suspected that he or she supplied or knowingly took part in the supply of a prohibited drug.
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Possession is defined as intentionally having exclusive physical custody or control of the prohibited drug. It need not be ownership; rather possession is where a person has the right to exclude other people from what is being possessed. This may be temporary or permanent.
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