Cannabis : a discussion paper.

  • South Australia. Royal Commission into the Non-medical Use of Drugs
Date:
1978
Catalogue details

Licence: In copyright

Credit: Cannabis : a discussion paper. Source: Wellcome Collection.

    43/140 page 37
    COMMONWEALTH LEGISLATION The key provision of the Customs Act is s.233B, since it is specifically concerned with ‘prohibited imports that are narcotic goods’ and in effect imposes more severe penalties for drug related offences than for other infringements of the Act. The term is defined to mean goods consisting of a ‘narcotic substance’, and this phrase is in turn defined to include any substance specified in column 1 of Schedule VI to the Act./® Column 1 includes cannabis, cannabis resin and cannabinoids, thus retaining, as a matter of drafting, the link between cannabis and the narcotics derived from international conventions.'? $.233B creates several offences, of which the most important are these: 233B. (1) Any person who — taper: (b) imports, or attempts to import, into Australia any prohibited [drugs] . . ., or (c) without reasonable excuse (proof whereof shall lie upon him) has in his possession any prohibited [drugs] which have been imported into Australia in contravention of this Act, or . (ca) without reasonable excuse (proof whereof shall lie upon him) has in his possession any prohibited [drugs] which are reasonably suspected of having been imported into Australia in contravention of this Act .. ., or (d) aids, abets, counsels, or procures, or is in any way knowingly concerned in, the importation into Australia of any prohibited [drugs]. . . shall be guilty of an offence. | The Act makes special provision as to the onus of proof in prosecutions for certain offences under s.233B. Thus in a prosecution for the offence of possession of prohibited imports (s.233B(1) (c)) it is not necessary for the prosecution to prove that the person knew that the goods in his possession had been [illegally] imported into Australia, . . . but it is a defence if the person proves that he did not know that the goods in his possession had been [illegally] imported into Australia (s.233B(1A)). Similarly on a prosecution for the offence of possessing goods reasonably suspected of having been imported (s.233B(1) (ca)) it is a defence if the person proves that the goods were not imported into Aus- tralia or were not [illegally] imported.into Australia (s.233B(1B)). The penalties for contravening s.233B are set down in s.235, introduced into the legislation in 1967 and much revised since. The 1967 amendments made no specific provision for importing for sale or commercial gain and simply imposed a general maximum penalty of $4000 or 10 years’ imprison- ment. In 1971, a new concept was introduced in that a distinction was drawn between offences involving more than ‘trafficable quantities’ of narcotic goods and those involving less. This concept has been retained in the 1977 amendments, but a distinction is now also drawn between trafficking in cannabis and in other drugs. The section provides that where the offence involves not less than the trafficable quantity of a ‘narcotic substance’ the maximum penalty is a fine of $100 000 or imprisonment for 25 years or both, unless the narcotic substance is cannabis, in which case
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