Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who has in his or her possession, in Australia, any substance listed in Table I or II in the Annex to the Convention, or any equipment or materials, knowing that the substance, equipment or materials are being used or are to be used in, or for, a dealing in drugs that:
(a) is referred to in paragraph 6(1)(a), (b) or (c); and
(b) constitutes an offence against:
(i) a law of the Commonwealth; or
(ii) a law of a State or Territory; or
(iii) a law of a foreign country;
commits an offence against this section and is punishable, on conviction, by imprisonment for a period not exceeding:
(c) if the substance, equipment or materials are being used or are to be used in, or for, the manufacture, extraction or preparation of a psychotropic substance referred to in Part 2 of Schedule 3--5 years; or
(d) in any other case--10 years.
(2) For the purposes of an offence against this section, absolute liability applies to the following physical elements of circumstance of the offence:
(a) that the possession is in Australia ;
(b) that the substance possessed is listed in Table I or II in the Annex to the Convention;
(c) that the dealing in drugs in which, or for which, the substance, equipment or materials are being used or are to be used is a dealing in drugs described in paragraphs ( 1)(a) and (b).
Note: For absolute liability see section 6.2 of the Criminal Code .