Federal Register of Legislation - Australian Government

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Act No. 97 of 1990 as made
An Act to make provision with respect to the traffic in narcotic drugs and psychotropic substances in accordance with the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
Administered by: Attorney-General's
Date of Assent 29 Nov 1990
 

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97, 1990

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

Section

1. Short title

2. Commencement

3. Interpretation

4. Act extends to external Territories

5. Effect of this Act on other laws

6. Meaning of "dealing in drugs"

7. Meaning of "flight" in relation to aircraft

8. Meaning of "ship at sea"

PART 2 - OFFENCES

9. Possession of equipment etc.

10. Dealing in drugs on board an Australian aircraft

11. Dealing in drugs on board an Australian ship

12. Dealing in drugs outside Australia

13. Dealing in drugs outside Australia with a view to
commission of offence in Australia etc.

14. Conspiracy etc. outside Australia to commit offence inside
Australia

15. Penalties for offences against sections 10 to 13

PART 3 - MISCELLANEOUS

16. Prosecutions

17. Presumption that traffickable quantity etc. of narcotic
drug etc. is for sale or supply

18. Venue where offence committed on aircraft

19. Change of venue

20. Evidence of certain matters

21. Section 38 of Judiciary Act

SCHEDULE 1

UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC
DRUGS AND PSYCHOTROPIC SUBSTANCES

SCHEDULE 2

NARCOTIC DRUGS

SCHEDULE 3

PSYCHOTROPIC SUBSTANCES

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - LONG TITLE

An Act to make provision with respect to the traffic in narcotic
drugs and psychotropic substances in accordance with the United
Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - PART 1
PART 1 - PRELIMINARY

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 1
Short title

(Assented to 29 November 1990)
1. This Act may be cited as the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.

(Minister's second reading speech made in
House of Representatives on 18 October 1990
Senate on 8 November 1990)

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 2
Commencement

2. This Act commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 3
Interpretation

3. In this Act, unless the contrary intention appears:
"Australia" includes:
(a) the external Territories; and
(b) the Australian coastal sea;
"Australian aircraft" means:
(a) an aircraft registered in accordance with the Civil
Aviation Regulations as an Australian aircraft; or
(b) an aircraft that is owned by, or is in the possession or
control of, the Commonwealth or an authority of the Commonwealth (including Qantas Airways Limited); or
(c) an aircraft of any part of the Defence Force (including
an aircraft that is being commanded or piloted by a member of that Force in the course of the member's duties as such a member);
"Australian coastal sea" means:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of

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Australia;
"Australian ship" means:
(a) a ship registered in Australia; or
(b) an unregistered ship that has Australian nationality; or
(c) a ship that belongs to an arm of the Defence Force;
"cannabis" means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted;
"cannabis plant" means any plant of the genus Cannabis;
"cannabis resin" means the separated resin, whether crude or purified, obtained from the cannabis plant;
"coca bush" means the plant of any species of the genus Erythroxylon;
"commercial quantity":
(a) in relation to a narcotic drug - means a quantity not less than the quantity specified in Column 3 of Schedule 2 opposite to the reference to that drug in Column 1 of that Schedule; and
(b) in relation to a psychotropic substance referred to in Column 1 of Part 1 of Schedule 3 - means a quantity not less than the quantity specified in Column 3 of that Part opposite to the reference to that drug;
"conduct engaged in outside Australia" does not include conduct engaged in on board:
(a) an Australian aircraft in flight outside Australia; or
(b) an Australian ship at sea;
"Convention" means the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances adopted in Vienna on 19 December 1988, a copy of whose English text is set out in Schedule 1, and includes that Convention as amended from time to time in relation to Australia;
"dealing in drugs" has the meaning given by section 6;
"flight", in relation to an aircraft, has the meaning given by section 7;
"law" includes a provision of a law;
"manufacture", in relation to a narcotic drug or psychotropic substance, means any process by which the drug or substance may be obtained, and includes:
(a) refining; and
(b) the transformation of a narcotic drug into another narcotic drug or of a psychotropic substance into another psychotropic substance;
but does not include:
(c) in the case of a narcotic drug - the separation of opium, coca leaves, cannabis or cannabis resin from the plant from which they are obtained; and
(d) in the case of a psychotropic substance - the making, on prescription, by a chemist of a preparation containing a psychotropic substance;
"narcotic drug" means a substance specified in Schedule 2;
"opium poppy" means the plant of the species Papaver somniferum L;
"psychotropic substance" means any substance specified in Schedule 3;
"ship at sea" has the meaning given by section 8;
"traffickable quantity":
(a) in relation to a narcotic drug - means a quantity not less than the quantity specified in Column 2 of Schedule 2, but less than the quantity specified in Column 3 of that Schedule, opposite to the reference to that drug in Column 1 of that Schedule; and
(b) in relation to a psychotropic substance referred to in Column 1 of Part 1 of Schedule 3 - means a quantity not less than the quantity specified in Column 2 of that Part, but less than the quantity specified in Column 3 of that Part, opposite to the reference to that drug.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 4
Act extends to external Territories

4. This Act extends to all external Territories.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 5
Effect of this Act on other laws

5. (1) This Act is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
(2) Where a person has been convicted in a country outside Australia of an offence against the law of that country in respect of any conduct, that person is not liable to be convicted of an offence against this Act in respect of that conduct.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 6
Meaning of "dealing in drugs"

6. (1) For the purposes of this Act, each of the following is a dealing in drugs:
(a) the cultivation of 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 possession of a narcotic drug or psychotropic substance for the purpose of the manufacture, extraction or preparation of another such drug or
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substance;
(e) the sale, supply, or possession for the purpose 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;
(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).
(2) 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) aiding, abetting, counselling or procuring, or being by act or omission in any way directly or indirectly knowingly concerned 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.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 7
Meaning of "flight" in relation to aircraft

7. For the purposes of this Act:
(a) a flight of an aircraft commences:
(i) at the time of the closing of the last external door of
the aircraft to be closed before the aircraft first moves for the purpose of taking off from any place; or
(ii) if subparagraph (i) is not applicable - at the time at
which the aircraft first moves for the purpose of taking off from any place; and
(b) a flight of an aircraft ends:
(i) at the time of the opening of the first external door
of the aircraft to be opened after the aircraft comes to rest after its next landing after the commencement of the flight; or
(ii) if subparagraph (i) is not applicable - at the time at
which the aircraft comes to rest after its next landing after the commencement of the flight;
or, if the aircraft is destroyed, or the flight is abandoned, before either subparagraph (i) or subparagraph (ii) becomes applicable, at the time at which the aircraft is destroyed or the flight is abandoned, as the case may be.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 8
Meaning of "ship at sea"

8. For the purposes of this Act, a ship is taken to be at sea when it is not within:
(a) the limits of a State or Territory; or
(b) the limits of a foreign country.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - PART 2
PART 2 - OFFENCES

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 9
Possession of equipment etc.

9. 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;
is guilty of 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.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 10
Dealing in drugs on board an Australian aircraft

10. (1) A person is guilty of an offence against this section if:
(a) the person, on board an Australian aircraft in flight, whether in or outside Australia, engages in conduct that is a dealing in drugs; and
(b) the conduct would constitute an offence against a law in force in a State or Territory if it were engaged in by the person in that State or Territory.
(2) This section does not apply in relation to conduct engaged in by a person on board an Australian aircraft in flight between 2 places in the same State or in the same Territory.
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CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 11
Dealing in drugs on board an Australian ship

11. A person is guilty of an offence against this section if:
(a) the person, on board an Australian ship at sea, engages in conduct that is a dealing in drugs; and
(b) the conduct if engaged in by the person in a State or Territory would constitute an offence against a law of the Commonwealth.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 12
Dealing in drugs outside Australia

12. (1) A person is guilty of an offence against this section if:
(a) the person engages, outside Australia, in conduct that is a dealing in drugs; and
(b) the conduct constitutes an offence against the law of a foreign country; and
(c) the conduct would constitute an offence against a law in force in a State or Territory if it were engaged in by the person in that State or Territory.
(2) A person may be charged with an offence against this section only if:
(a) the person is present in Australia; and
(b) if the person is not an Australian citizen:
(i) no steps have been taken by the foreign country
referred to in paragraph (1) (b) for the surrender of the person to that country; or
(ii) proceedings taken by that country under the Extradition
Act 1988 have not resulted in the person being surrendered to that country.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 13
Dealing in drugs outside Australia with a view to commission of
offence in Australia etc.

13. A person is guilty of an offence against this section if the person engages, outside Australia, in conduct that is a dealing in drugs with a view to the carrying out:
(a) in Australia; or
(b) on board an Australian aircraft in flight outside Australia; or
(c) on board an Australian ship at sea;
of a dealing in drugs that constitutes an offence against a law of the Commonwealth, of a State or of a Territory.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 14
Conspiracy etc. outside Australia to commit offence inside Australia

14. A person who, by conduct engaged in outside Australia:
(a) conspires, or attempts, to carry out in a State or Territory; or
(b) aids, abets, counsels or procures, or is in any way directly or indirectly knowingly concerned in, or party to, the carrying out in a State or Territory of;
a dealing in drugs referred to in subsection 6 (1) that constitutes an offence against a law of that State or Territory is guilty of an offence against this section and is punishable, on conviction, by the same penalty as would be applicable if the person were convicted of the first-mentioned offence.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 15
Penalties for offences against sections 10 to 13

15. (1) A person convicted of an offence against section 10, 11, 12 or 13 is punishable in accordance with this section.
(Penalty where offence involves cultivation of opium poppy etc.)
(2) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6 (1) (a), the penalty is imprisonment for a period not exceeding such period as is applicable in accordance with the following table:
TABLE
Kind of cultivation Maximum Period of Imprisonment
If more than If not more than If not more than If not more
1000 plants 1000 but more 20 but more than 5 plants
cultivated than 20 plants than 5 plants cultivated
cultivated cultivated
Cultivation of opium poppy and coca bush Life
Life 25 years 10 years 5 years
Cultivation of cannabis plant Life
Life 10 years 5 years 2 years
(Penalty where offence involves separation of opium etc. from plant)
(3) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6 (1) (b), the penalty is imprisonment for a period not exceeding 10 years.
(Penalty where offence involves manufacture etc., or possession for manufacture etc., of narcotic drug etc.)
(4) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6 (1) (c) or (d), the penalty for the offence is imprisonment for a period not exceeding:

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(a) if the dealing is in respect of a narcotic drug or a psychotropic substance referred to in Part 1 of Schedule 3 - 10 years; or
(b) if the dealing is in respect of a psychotropic substance referred to in Part 2 of Schedule 3 - 5 years.
(Penalty where offence involves sale, supply, or possession for sale or supply, of narcotic drug etc.)
(5) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6 (1) (e), the penalty is imprisonment for a period not exceeding:
(a) if the dealing is in respect of a narcotic drug or a psychotropic substance referred to in Part 1 of Schedule 3 - such period as is applicable in accordance with the table set out at the end of this subsection; or
(b) if the dealing is in respect of a psychotropic substance referred to in Part 2 of Schedule 3 - 2 years.
TABLE
Quantity of drug or substance Maximum Period of Imprisonment
If a commercial quantity of Where cannabis In any other
the drug or substance was sold or supplied case
sold, supplied or possessed Life Life
If a traffickable quantity of
the drug or substance was sold,
supplied or possessed 10 years 25 years
If less than a traffickable quantity of the drug or substance was sold, supplied or possessed 2 years 5 years (Penalty where offence involves importation, exportation, or possession for importation or exportation, of narcotic drug etc.)
(6) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6 (1)(f):
(a) if the court is satisfied that:
(i) the narcotic drug or psychotropic substance that is the subject matter of the dealing was imported into Australia, or exported from Australia, for the purpose of sale or supply; or
(ii) the person possessed the narcotic drug or psychotropic substance for the purpose of importation into Australia, or exportation from Australia, for the purpose of sale or supply;
the person is punishable as if the person had sold or supplied the drug or substance or possessed it for the purpose of sale or supply (as the case may be); or
(b) if paragraph (a) does not apply - the penalty is imprisonment for a period not exceeding:
(i) if the dealing is in respect of a narcotic drug or a psychotropic substance referred to in Part 1 of Schedule 3 - 2 years; or
(ii) if the dealing is in respect of a psychotropic substance referred to in Part 2 of Schedule 3 - 12 months.
(Penalty where offence involves possession of specified substance etc.)
(7) Where the person committed the offence by engaging in conduct that is a dealing in drugs referred to in paragraph 6 (1) (g), the person is punishable as if the person had been convicted of an offence against section 9.
(Penalty for conspiring etc.)
(8) Where the person committed the offence by:
(a) conspiring, or attempting, to engage in; or
(b) aiding, abetting, counselling or procuring, or being by act or omission in any way directly or indirectly knowingly concerned in, or a party to; or
(c) inciting to, urging or encouraging;
any conduct that is, under subsection 6 (1), a dealing in drugs, the person is punishable as if the person had actually engaged in that conduct.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - PART 3
PART 3 - MISCELLANEOUS

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 16
Prosecutions

16. (1) Proceedings for the commitment of a person for trial on indictment for an offence against this Act may not be instituted without the consent in writing of the Attorney-General.
(2) Even though a consent in accordance with subsection (1) has not been given in relation to an offence against this Act:
(a) a person may be charged with an offence against this Act; and
(b) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and
(c) a person so charged may be remanded in custody or on bail;
but no further step in proceedings referred to in subsection (1) may be taken until such a consent has been given.
(3) Subsection (2) does not prevent the discharge of the accused if proceedings are not continued within a reasonable time.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 17
Presumption that traffickable quantity etc. of narcotic drug etc.
is for sale or supply

17. For the purposes of this Act, where a person:

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(a) has in his or her possession; or
(b) imports into, or exports from, Australia; or
(c) has in his or her possession for the purpose of importation into, or exportation from, Australia;
a traffickable quantity or a commercial quantity of a narcotic drug or of a psychotropic substance specified in Part 1 of Schedule 3, it is presumed that:
(d) the possession; or
(e) the importation or exportation; or
(f) the intended importation or exportation;
as the case may be, is for the purpose of sale or supply, but that presumption is rebuttable.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 18
Venue where offence committed on aircraft

18. Where, in the trial on indictment in a court of a State or Territory of an offence against this Act committed on an aircraft in flight, an act constituting in whole or in part the offence charged is proved, it must be presumed, unless the evidence shows the contrary, that that act did not take place in another part of Australia, being a State.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 19
Change of venue

19. (1) Where, at any time after the presentation in a court of a State or Territory of an indictment for an offence against this Act committed on an aircraft in flight and before the jury has returned its verdict:
(a) the defendant objects to the trial on the ground that the offence, if committed, was committed in another part of Australia, being a State; and
(b) the court is satisfied that the offence, if committed, was committed in that other part of Australia;
the court must forthwith order that the proceedings on the indictment be discontinued and, if the jury has been empanelled, that the jury be discharged, and that the defendant appear before that court or another court of the first-mentioned State or Territory at a specified time, not later than 28 days after the day on which the order is made, to be dealt with in accordance with this section.
(2) Where a court makes an order under subsection (1), the court may also:
(a) order that the defendant be kept in such custody as is specified in the order; or
(b) admit the defendant to bail, on such recognizances as the court thinks fit.
(3) If, before the time at which the defendant is to appear before a court pursuant to an order under subsection (1), the Attorney-General or the Director of Public Prosecutions notifies that court that he or she does not intend to file an indictment against the defendant in a court of another part of Australia, the first-mentioned court must, as soon as practicable after being so notified, make an order:
(a) discharging the defendant from the obligation to appear before that court at that time; and
(b) directing:
(i) if the defendant is held in custody - that he or she be
released; or
(ii) if he or she has been admitted to bail - that the
recognizances upon which he or she was admitted to bail be discharged.
(4) If, at or before the time at which the defendant is to appear before a court pursuant to an order under subsection (1), the Attorney-General or the Director of Public Prosecutions notifies that court that he or she has filed an indictment against the defendant in a court of another part of Australia, the first-mentioned court must:
(a) if the defendant is in custody - forthwith; or
(b) in any other case - as soon as practicable after the time at which the defendant is to appear before that court; make an order directing that the defendant be taken, as soon as practicable, in the custody of such person as it directs, to the part of Australia in which the indictment was filed and there be delivered to the custody of a person having authority to arrest the defendant, and may make such further orders as it thinks necessary for facilitating the carrying into effect of the first-mentioned order.
(5) If:
(a) at the time at which the defendant is to appear before a court pursuant to an order under subsection (1), neither the Attorney-General nor the Director of Public Prosecutions has notified that court that he or she does not intend to file an indictment against the defendant in a court in another part of Australia; and
(b) neither the Attorney-General nor the Director of Public Prosecutions notifies the first-mentioned court before or at that time that he or she has filed such an indictment; and
(c) the defendant is in custody;
the first-mentioned court must, at that time, make an order directing that the defendant be released.
(6) Where an order has been made under subsection (1) in relation to an
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indictment, the proceedings on that indictment do not, and that order does not, prevent or prejudice any other indictment, or any information, against the defendant, whether on the same charge or on any other charge.
(7) The jurisdiction of a court under subsection (3), (4) or (5) may be exercised by the court constituted by a single judge or magistrate.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 20
Evidence of certain matters

20. A certificate by the Attorney-General stating that:
(a) the Convention entered into force for Australia on a specified date; and
(b) as at the date of the certificate, the Convention remains in force for Australia;
is, for the purposes of any proceedings under this Act, prima facie evidence of the facts stated in the certificate.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SECT 21
Section 38 of Judiciary Act

21. A matter arising under this Act, including a question of interpretation of the Convention for the purposes of this Act, is not, for the purposes of section 38 of the Judiciary Act 1903, a matter arising directly under a treaty.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SCHEDULE 1

SCHEDULE 1 Section 3
UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC
DRUGS AND PSYCHOTROPIC SUBSTANCES
Adopted by the Conference at its 6th plenary meeting, on
19 December 1988
The Parties to this Convention,
Deeply concerned by the magnitude of and rising trend in the
illicit production of, demand for and traffic in narcotic drugs
and psychotropic substances, which pose a serious threat to the
health and welfare of human beings and adversely affect the
economic, cultural and political foundations of society,
Deeply concerned also by the steadily increasing inroads into
various social groups made by illicit traffic in narcotic drugs
and psychotropic substances, and particularly by the fact that
children are used in many parts of the world as an illicit drug
consumers market and for purposes of illicit production,
distribution and trade in narcotic drugs and psychotropic
substances, which entails a danger of incalculable gravity,
Recognizing the links between illicit traffic and other related
organized criminal activities which undermine the legitimate
economies and threaten the stability, security and sovereignty of
States,
Recognizing also that illicit traffic is an international
criminal activity, the suppression of which demands urgent
attention and the highest priority,
Aware that illicit traffic generates large financial profits and
wealth enabling transnational criminal organizations to penetrate,
contaminate and corrupt the structures of government, legitimate
commercial and financial business, and society at all its levels,
Determined to deprive persons engaged in illicit traffic of the
proceeds of their criminal activities and thereby eliminate their
main incentive for so doing,
Desiring to eliminate the root causes of the problem of abuse of
narcotic drugs and psychotropic substances, including the illicit
demand for such drugs and substances and the enormous profits
derived from illicit traffic,
Considering that measures are necessary to monitor certain
substances, including precursors, chemicals and solvents, which
are used in the manufacture of narcotic drugs and psychotropic
substances, the ready availability of which has led to an increase
in the clandestine manufacture of such drugs and substances,
Determined to improve international co-operation in the
suppression of illicit traffic by sea,
Recognizing that eradication of illicit traffic is a collective
responsibility of all States and that, to that end, co-ordinated
action within the framework of international co-operation is necessary,
Acknowledging the competence of the United Nations in the field
of control of narcotic drugs and psychotropic substances and
desirous that the international organs concerned with such control
should be within the framework of that Organization,
Reaffirming the guiding principles of existing treaties in the
field of narcotic drugs and psychotropic substances and the system
of control which they embody,
Recognizing the need to reinforce and supplement the measures
provided in the Single Convention on Narcotic Drugs, 1961, that
Convention as amended by the 1972 Protocol Amending the Single

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Convention on Narcotic Drugs, 1961, and the 1971 Convention on
Psychotropic Substances, in order to counter the magnitude and
extent of illicit traffic and its grave consequences,
Recognizing also the importance of strengthening and enhancing
effective legal means for international co-operation in criminal
matters for suppressing the international criminal activities of illicit traffic,
Desiring to conclude a comprehensive, effective and operative
international convention that is directed specifically against
illicit traffic and that considers the various aspects of the
problem as a whole, in particular those aspects not envisaged in
the existing treaties in the field of narcotic drugs and
psychotropic substances,
Hereby agree as follows:
Article 1
DEFINITIONS
Except where otherwise expressly indicated or where the context
otherwise requires, the following definitions shall apply
throughout this Convention:
(a) "Board" means the International Narcotics Control Board
established by the Single Convention on Narcotic Drugs, 1961, and
that Convention as amended by the 1972 Protocol Amending the
Single Convention on Narcotic Drugs, 1961;
(b) "Cannabis plant" means any plant of the genus Cannabis;
(c) "Coca bush" means the plant of any species of the genus Erythroxylon;
(d) "Commercial carrier" means any person or any public,
private or other entity engaged in transporting persons, goods or
mails for remuneration, hire or any other benefit;
(e) "Commission" means the Commission on Narcotic Drugs of the
Economic and Social Council of the United Nations;
(f) "Confiscation", which includes forfeiture where
applicable, means the permanent deprivation of property by order
of a court or other competent authority;
(g) "Controlled delivery" means the technique of allowing
illicit or suspect consignments of narcotic drugs, psychotropic
substances, substances in Table I and Table II annexed to this
Convention, or substances substituted for them, to pass out of,
through or into the territory of one or more countries, with the
knowledge and under the supervision of their competent
authorities, with a view to identifying persons involved in the
commission of offences established in accordance with article 3,
paragraph 1 of the Convention;
(h) "1961 Convention" means the Single Convention on Narcotic
Drugs, 1961;
(i) "1961 Convention as amended" means the Single Convention
on Narcotic Drugs, 1961, as amended by the 1972 Protocol Amending
the Single Convention on Narcotic Drugs, 1961;
(j) "1971 Convention" means the Convention on Psychotropic Substances, 1971;
(k) "Council" means the Economic and Social Council of the United Nations;
(l) "Freezing" or "seizure" means temporarily prohibiting
the transfer, conversion, disposition or movement of property or
temporarily assuming custody or control of property on the basis
of an order issued by a court or a competent authority;
(m) "Illicit traffic" means the offences set forth in article
3, paragraphs 1 and 2, of this Convention;
(n) "Narcotic drug" means any of the substances, natural or
synthetic, in Schedules I and II of the Single Convention on
Narcotic Drugs, 1961, and that Convention as amended by the 1972
Protocol Amending the Single Convention on Narcotic Drugs, 1961;
(o) "Opium poppy" means the plant of the species Papaver somniferum L;
(p) "Proceeds" means any property derived from or obtained,
directly or indirectly, through the commission of an offence
established in accordance with article 3, paragraph 1;
(q) "Property" means assets of every kind, whether corporeal
or incorporeal, movable or immovable, tangible or intangible, and
legal documents or instruments evidencing title to, or interest
in, such assets;
(r) "Psychotropic substance" means any substance, natural or
synthetic, or any natural material in Schedules I, II, III and IV
of the Convention on Psychotropic Substances, 1971;
(s) "Secretary-General" means the Secretary-General of the United Nations;
(t) "Table I" and "Table II" mean the correspondingly
numbered lists of substances annexed to this Convention, as
amended from time to time in accordance with article 12;
(u) "Transit State" means a State through the territory of
which illicit narcotic drugs, psychotropic substances and
substances in Table I and Table II are being moved, which is neither the place of origin nor the place of ultimate destination thereof.
Article 2

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SCOPE OF THE CONVENTION
1. The purpose of this Convention is to promote co-operation
among the Parties so that they may address more effectively the
various aspects of illicit traffic in narcotic drugs and
psychotropic substances having an international dimension. In
carrying out their obligations under the Convention, the Parties
shall take necessary measures, including legislative and
administrative measures, in conformity with the fundamental
provisions of their respective domestic legislative systems.
2. The Parties shall carry out their obligations under this
Convention in a manner consistent with the principles of sovereign
equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.
3. A Party shall not undertake in the territory of another Party
the exercise of jurisdiction and performance of functions which
are exclusively reserved for the authorities of that other Party
by its domestic law.

Article 3
OFFENCES AND SANCTIONS
1. Each Party shall adopt such measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally:
(a) (i) The production, manufacture, extraction, preparation,
offering, offering for sale, distribution, sale, delivery on any
terms whatsoever, brokerage, dispatch, dispatch in transit,
transport, importation or exportation of any narcotic drug or any
psychotropic substance contrary to the provisions of the 1961
Convention, the 1961 Convention as amended or the 1971 Convention;
(ii) The cultivation of opium poppy, coca bush or cannabis
plant for the purpose of the production of narcotic drugs contrary
to the provisions of the 1961 Convention and the 1961 Convention as amended;
(iii) The possession or purchase of any narcotic drug or
psychotropic substance for the purpose of any of the activities
enumerated in (i) above;
(iv) The manufacture, transport or distribution of equipment,
materials or of substances listed in Table I and Table II, knowing
that they are to be used in or for the illicit cultivation,
production or manufacture of narcotic drugs or psychotropic substances;
(v) The organization, management or financing of any of the
offences enumerated in (i), (ii), (iii) or (iv) above;
(b) (i) The conversion or transfer of property, knowing that
such property is derived from any offence or offences established
in accordance with subparagraph (a) of this paragraph, or from an
act of participation in such offence or offences, for the purpose
of concealing or disguising the illicit origin of the property or
of assisting any person who is involved in the commission of such
an offence or offences to evade the legal consequences of his actions;
(ii) The concealment or disguise of the true nature, source,
location, disposition, movement, rights with respect to, or
ownership of property, knowing that such property is derived from
an offence or offences established in accordance with subparagraph
(a) of this paragraph or from an act of participation in such an
offence or offences;
(c) Subject to its constitutional principles and the basic
concepts of its legal system:
(i) The acquisition, possession or use of property, knowing,
at the time of receipt, that such property was derived from an
offence or offences established in accordance with subparagraph (a) of this paragraph or from an act of participation in such offence or offences;
(ii) The possession of equipment or materials or substances
listed in Table I and Table II, knowing that they are being or are
to be used in or for the illicit cultivation, production or
manufacture of narcotic drugs or psychotropic substances;
(iii) Publicly inciting or inducing others, by any means, to
commit any of the offences established in accordance with this
article or to use narcotic drugs or psychotropic substances illicitly;
(iv) Participation in, association or conspiracy to commit,
attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article.
2. Subject to its constitutional principles and the basic
concepts of its legal system, each Party shall adopt such measures
as may be necessary to establish as a criminal offence under its
domestic law, when committed intentionally, the possession,
purchase or cultivation of narcotic drugs or psychotropic
substances for personal consumption contrary to the provisions of
the 1961 Convention, the 1961 Convention as amended or the 1971 Convention.
3. Knowledge, intent or purpose required as an element of an offence set forth in paragraph 1 of this article may be inferred from objective factual circumstances.
4. (a) Each Party shall make the commission of the offences

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established in accordance with paragraph 1 of this article liable
to sanctions which take into account the grave nature of these
offences, such as imprisonment or other forms of deprivation of
liberty, pecuniary sanctions and confiscation.
(b) The Parties may provide, in addition to conviction or
punishment, for an offence established in accordance with
paragraph 1 of this article, that the offender shall undergo
measures such as treatment, education, aftercare, rehabilitation
or social reintegration.
(c) Notwithstanding the preceding subparagraphs, in appropriate
cases of a minor nature, the Parties may provide, as alternatives
to conviction or punishment, measures such as education,
rehabilitation or social reintegration, as well as, when the
offender is a drug abuser, treatment and aftercare.
(d) The Parties may provide, either as an alternative to
conviction or punishment, or in addition to conviction or
punishment of an offence established in accordance with paragraph
2 of this article, measures for the treatment, education,
aftercare, rehabilitation or social reintegration of the offender.
5. The Parties shall ensure that their courts and other
competent authorities having jurisdiction can take into account
factual circumstances which make the commission of the offences
established in accordance with paragraph 1 of this article
particularly serious, such as:
(a) The involvement in the offence of an organized criminal
group to which the offender belongs;
(b) The involvement of the offender in other international
organized criminal activities;
(c) The involvement of the offender in other illegal activities
facilitated by commission of the offence;
(d) The use of violence or arms by the offender;
(e) The fact that the offender holds a public office and that
the offence is connected with the office in question;
(f) The victimization or use of minors;
(g) The fact that the offence is committed in a penal
institution or in an educational institution or social service
facility or in their immediate vicinity or in other places to
which school children and students resort for educational, sports
and social activities;
(h) Prior conviction, particularly for similar offences,
whether foreign or domestic, to the extent permitted under the
domestic law of a Party.
6. The Parties shall endeavour to ensure that any discretionary
legal powers under their domestic law relating to the prosecution
of persons for offences established in accordance with this
article are exercised to maximize the effectiveness of law
enforcement measures in respect of those offences and with due
regard to the need to deter the commission of such offences.
7. The Parties shall ensure that their courts or other competent
authorities bear in mind the serious nature of the offences
enumerated in paragraph 1 of this article and the circumstances
enumerated in paragraph 5 of this article when considering the
eventuality of early release or parole of persons convicted of such offences.
8. Each Party shall, where appropriate, establish under its
domestic law a long statute of limitations period in which to
commence proceedings for any offence established in accordance
with paragraph 1 of this article, and a longer period where the
alleged offender has evaded the administration of justice.
9. Each Party shall take appropriate measures, consistent with
its legal system, to ensure that a person charged with or
convicted of an offence established in accordance with paragraph 1
of this article, who is found within its territory, is present at
the necessary criminal proceedings.
10. For the purpose of co-operation among the Parties under this
Convention, including, in particular, co-operation under articles
5, 6, 7 and 9, offences established in accordance with this
article shall not be considered as fiscal offences or as political
offences or regarded as politically motivated, without prejudice
to the constitutional limitations and the fundamental domestic law of the Parties.
11. Nothing contained in this article shall affect the principle
that the description of the offences to which it refers and of
legal defences thereto is reserved to the domestic law of a Party and that such offences shall be prosecuted and punished in conformity with that law.

Article 4
JURISDICTION
1. Each Party:
(a) Shall take such measures as may be necessary to establish
its jurisdiction over the offences it has established in
accordance with article 3, paragraph 1, when:

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(i) The offence is committed in its territory;
(ii) The offence is committed on board a vessel flying its
flag or an aircraft which is registered under its laws at the time
the offence is committed;
(b) May take such measures as may be necessary to establish its
jurisdiction over the offences it has established in accordance
with article 3, paragraph 1, when:
(i) The offence is committed by one of its nationals or by a
person who has his habitual residence in its territory;
(ii) The offence is committed on board a vessel concerning
which that Party has been authorized to take appropriate action
pursuant to article 17, provided that such jurisdiction shall be
exercised only on the basis of agreements or arrangements referred
to in paragraphs 4 and 9 of that article;
(iii) The offence is one of those established in accordance
with article 3, paragraph 1, subparagraph (c) (iv), and is
committed outside its territory with a view to the commission,
within its territory, of an offence established in accordance with
article 3, paragraph 1.
2. Each Party:
(a) Shall also take such measures as may be necessary to
establish its jurisdiction over the offences it has established in
accordance with article 3, paragraph 1, when the alleged offender
is present in its territory and it does not extradite him to
another Party on the ground:
(i) That the offence has been committed in its territory or
on board a vessel flying its flag or an aircraft which was
registered under its law at the time the offence was committed; or
(ii) That the offence has been committed by one of its
nationals;
(b) May also take such measures as may be necessary to
establish its jurisdiction over the offences it has established in
accordance with article 3, paragraph 1, when the alleged offender
is present in its territory and it does not extradite him to another Party.
3. This Convention does not exclude the exercise of any criminal jurisdiction established by a Party in accordance with its domestic law.
Article 5
CONFISCATION
1. Each Party shall adopt such measures as may be necessary to
enable confiscation of:
(a) Proceeds derived from offences established in accordance
with article 3, paragraph 1, or property the value of which
corresponds to that of such proceeds;
(b) Narcotic drugs and psychotropic substances, materials and
equipment or other instrumentalities used in or intended for use
in any manner in offences established in accordance with article 3, paragraph 1.
2. Each Party shall also adopt such measures as may be
necessary to enable its competent authorities to identify, trace,
and freeze or seize proceeds, property, instrumentalities or any
other things referred to in paragraph 1 of this article, for the
purpose of eventual confiscation.
3. In order to carry out the measures referred to in this
article, each Party shall empower its courts or other competent
authorities to order that bank, financial or commercial records be made available or be seized. A Party shall not decline to act under the provisions of this paragraph on the ground of bank secrecy.
4. (a) Following a request made pursuant to this article by
another Party having jurisdiction over an offence established in
accordance with article 3, paragraph 1, the Party in whose
territory proceeds, property, instrumentalities or any other
things referred to in paragraph 1 of this article are situated
shall:
(i) Submit the request to its competent authorities for the
purpose of obtaining an order of confiscation and, if such order
is granted, give effect to it; or
(ii) Submit to its competent authorities, with a view to
giving effect to it to the extent requested, an order of
confiscation issued by the requesting Party in accordance with
paragraph 1 of this article, in so far as it relates to proceeds,
property, instrumentalities or any other things referred to in
paragraph 1 situated in the territory of the requested Party.
(b) Following a request made pursuant to this article by
another Party having jurisdiction over an offence established in
accordance with article 3, paragraph 1, the requested Party shall
take measures to identify, trace, and freeze or seize proceeds,
property, instrumentalities or any other things referred to in
paragraph 1 of this article for the purpose of eventual
confiscation to be ordered either by the requesting Party or,
pursuant to a request under subparagraph (a) of this paragraph, by

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the requested Party.
(c) The decisions or actions provided for in subparagraphs (a)
and (b) of this paragraph shall be taken by the requested Party,
in accordance with and subject to the provisions of its domestic
law and its procedural rules or any bilateral or multilateral treaty, agreement or arrangement to which it may be bound in relation to the requesting Party.

(d) The provisions of article 7, paragraphs 6 to 19 are
applicable mutatis mutandis. In addition to the information
specified in article 7, paragraph 10, requests made pursuant to
this article shall contain the following:
(i) In the case of a request pertaining to subparagraph (a)
(i) of this paragraph, a description of the property to be
confiscated and a statement of the facts relied upon by the
requesting Party sufficient to enable the requested Party to seek
the order under its domestic law;
(ii) In the case of a request pertaining to subparagraph (a)
(ii), a legally admissible copy of an order of confiscation issued
by the requesting Party upon which the request is based, a
statement of the facts and information as to the extent to which
the execution of the order is requested;
(iii) In the case of a request pertaining to subparagraph
(b), a statement of the facts relied upon by the requesting Party
and a description of the actions requested.
(e) Each Party shall furnish to the Secretary-General the text
of any of its laws and regulations which give effect to this paragraph and the text of any subsequent changes to such laws and regulations.
(f) If a Party elects to make the taking of the measures
referred to in subparagraphs (a) and (b) of this paragraph
conditional on the existence of a relevant treaty, that Party
shall consider this Convention as the necessary and sufficient treaty basis.
(g) The Parties shall seek to conclude bilateral and
multilateral treaties, agreements or arrangements to enhance the
effectiveness of international co-operation pursuant to this article.
5. (a) Proceeds or property confiscated by a Party pursuant to
paragraph 1 or paragraph 4 of this article shall be disposed of by
that Party according to its domestic law and administrative procedures.
(b) When acting on the request of another Party in accordance
with this article, a Party may give special consideration to
concluding agreements on:
(i) Contributing the value of such proceeds and property, or
funds derived from the sale of such proceeds or property, or a
substantial part thereof, to intergovernmental bodies specializing
in the fight against illicit traffic in and abuse of narcotic
drugs and psychotropic substances;
(ii) Sharing with other Parties, on a regular or case-by-case
basis, such proceeds or property, or funds derived from the sale
of such proceeds or property, in accordance with its domestic law,
administrative procedures or bilateral or multilateral agreements
entered into for this purpose.
6. (a) If proceeds have been transformed or converted into
other property, such property shall be liable to the measures
referred to in this article instead of the proceeds.
(b) If proceeds have been intermingled with property acquired
from legitimate sources, such property shall, without prejudice to
any powers relating to seizure or freezing, be liable to confiscation up to the assessed value of the intermingled proceeds.
(c) Income or other benefits derived from:
(i) Proceeds;
(ii) Property into which proceeds have been transformed or
converted; or
(iii) Property with which proceeds have been intermingled
shall also be liable to the measures referred to in this article,
in the same manner and to the same extent as proceeds.
7. Each Party may consider ensuring that the onus of proof be
reversed regarding the lawful origin of alleged proceeds or other
property liable to confiscation, to the extent that such action is
consistent with the principles of its domestic law and with the
nature of the judicial and other proceedings.
8. The provisions of this article shall not be construed as
prejudicing the rights of bona fide third parties.
9. Nothing contained in this article shall affect the principle
that the measures to which it refers shall be defined and
implemented in accordance with and subject to the provisions of
the domestic law of a Party.
Article 6
EXTRADITION
1. This article shall apply to the offences established by the
Parties in accordance with article 3, paragraph 1.
2. Each of the offences to which this article applies shall be

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deemed to be included as an extraditable offence in any
extradition treaty existing between Parties. The Parties undertake
to include such offences as extraditable offences in every
extradition treaty to be concluded between them.
3. If a Party which makes extradition conditional on the
existence of a treaty receives a request for extradition from
another Party with which it has no extradition treaty, it may
consider this Convention as the legal basis for extradition in
respect of any offence to which this article applies. The Parties
which require detailed legislation in order to use this Convention
as a legal basis for extradition shall consider enacting such
legislation as may be necessary.
4. The Parties which do not make extradition conditional on the
existence of a treaty shall recognize offences to which this
article applies as extraditable offences between themselves.
5. Extradition shall be subject to the conditions provided for
by the law of the requested Party or by applicable extradition
treaties, including the grounds upon which the requested Party may
refuse extradition.

6. In considering requests received pursuant to this article,
the requested State may refuse to comply with such requests where
there are substantial grounds leading its judicial or other
competent authorities to believe that compliance would facilitate
the prosecution or punishment of any person on account of his
race, religion, nationality or political opinions, or would cause
prejudice for any of those reasons to any person affected by the request.
7. The Parties shall endeavour to expedite extradition
procedures and to simplify evidentiary requirements relating
thereto in respect of any offence to which this article applies.
8. Subject to the provisions of its domestic law and its
extradition treaties, the requested Party may, upon being
satisfied that the circumstances so warrant and are urgent, and at
the request of the requesting Party, take a person whose
extradition is sought and who is present in its territory into
custody or take other appropriate measures to ensure his presence
at extradition proceedings.
9. Without prejudice to the exercise of any criminal
jurisdiction established in accordance with its domestic law, a
Party in whose territory an alleged offender is found shall:
(a) If it does not extradite him in respect of an offence
established in accordance with article 3, paragraph 1, on the
grounds set forth in article 4, paragraph 2, subparagraph (a),
submit the case to its competent authorities for the purpose of
prosecution, unless otherwise agreed with the requesting Party;
(b) If it does not extradite him in respect of such an offence
and has established its jurisdiction in relation to that offence
in accordance with article 4, paragraph 2, subparagraph (b),
submit the case to its competent authorities for the purpose of
prosecution, unless otherwise requested by the requesting Party
for the purposes of preserving its legitimate jurisdiction.
10. If extradition, sought for purposes of enforcing a sentence,
is refused because the person sought is a national of the
requested Party, the requested Party shall, if its law so permits
and in conformity with the requirements of such law, upon
application of the requesting Party, consider the enforcement of
the sentence which has been imposed under the law of the
requesting Party, or the remainder thereof.
11. The Parties shall seek to conclude bilateral and
multilateral agreements to carry out or to enhance the
effectiveness of extradition.
12. The Parties may consider entering into bilateral or
multilateral agreements, whether ad hoc or general, on the
transfer to their country of persons sentenced to imprisonment and
other forms of deprivation of liberty for offences to which this
article applies, in order that they may complete their sentences there.
Article 7
MUTUAL LEGAL ASSISTANCE
1. The Parties shall afford one another, pursuant to this
article, the widest measure of mutual legal assistance in
investigations, prosecutions and judicial proceedings in relation to criminal offences established in accordance with article 3, paragraph 1.
2. Mutual legal assistance to be afforded in accordance with
this article may be requested for any of the following purposes:
(a) Taking evidence or statements from persons;
(b) Effecting service of judicial documents;
(c) Executing searches and seizures;
(d) Examining objects and sites;
(e) Providing information and evidentiary items;
(f) Providing originals or certified copies of relevant
documents and records, including bank, financial, corporate or

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business records;
(g) Identifying or tracing proceeds, property,
instrumentalities or other things for evidentiary purposes.
3. The Parties may afford one another any other forms of mutual
legal assistance allowed by the domestic law of the requested Party.
4. Upon request, the Parties shall facilitate or encourage, to
the extent consistent with their domestic law and practice, the
presence or availability of persons, including persons in custody,
who consent to assist in investigations or participate in proceedings.
5. A Party shall not decline to render mutual legal assistance
under this article on the ground of bank secrecy.
6. The provisions of this article shall not affect the
obligations under any other treaty, bilateral or multilateral,
which governs or will govern, in whole or in part, mutual legal
assistance in criminal matters.
7. Paragraphs 8 to 19 of this article shall apply to requests
made pursuant to this article if the Parties in question are not
bound by a treaty of mutual legal assistance. If these Parties are
bound by such a treaty, the corresponding provisions of that
treaty shall apply unless the Parties agree to apply paragraphs 8
to 19 of this article in lieu thereof.
8. Parties shall designate an authority, or when necessary
authorities, which shall have the responsibility and power to
execute requests for mutual legal assistance or to transmit them
to the competent authorities for execution. The authority or the
authorities designated for this purpose shall be notified to the
Secretary-General. Transmission of requests for mutual legal
assistance and any communication related thereto shall be effected
between the authorities designated by the Parties; this
requirement shall be without prejudice to the right of a Party to
require that such requests and communications be addressed to it
through the diplomatic channel and, in urgent circumstances, where
the Parties agree, through channels of the International Criminal
Police Organization, if possible.
9. Requests shall be made in writing in a language acceptable to
the requested Party. The language or languages acceptable to each
Party shall be notified to the Secretary-General. In urgent
circumstances, and where agreed by the Parties, requests may be
made orally, but shall be confirmed in writing forthwith.
10. A request for mutual legal assistance shall contain:
(a) The identity of the authority making the request;
(b) The subject matter and nature of the investigation,
prosecution or proceeding to which the request relates, and the
name and the functions of the authority conducting such
investigation, prosecution or proceeding;
(c) A summary of the relevant facts, except in respect of
requests for the purpose of service of judicial documents;
(d) A description of the assistance sought and details of any
particular procedure the requesting Party wishes to be followed;
(e) Where possible, the identity, location and nationality of
any person concerned;
(f) The purpose for which the evidence, information or action is sought.
11. The requested Party may request additional information when
it appears necessary for the execution of the request in accordance with its domestic law or when it can facilitate such execution.
12. A request shall be executed in accordance with the domestic
law of the requested Party and, to the extent not contrary to the
domestic law of the requested Party and where possible, in
accordance with the procedures specified in the request.
13. The requesting Party shall not transmit nor use information
or evidence furnished by the requested Party for investigations,
prosecutions or proceedings other than those stated in the request
without the prior consent of the requested Party.
14. The requesting Party may require that the requested Party
keep confidential the fact and substance of the request, except to
the extent necessary to execute the request. If the requested
Party cannot comply with the requirement of confidentiality, it
shall promptly inform the requesting Party.
15. Mutual legal assistance may be refused:
(a) If the request is not made in conformity with the
provisions of this article;
(b) If the requested Party considers that execution of the
request is likely to prejudice its sovereignty, security, ordre
public or other essential interests;
(c) If the authorities of the requested Party would be
prohibited by its domestic law from carrying out the action
requested with regard to any similar offence, had it been subject to investigation, prosecution or proceedings under their own jurisdiction;
(d) If it would be contrary to the legal system of the requested Party relating to mutual legal assistance for the request to be granted.

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16. Reasons shall be given for any refusal of mutual legal assistance.
17. Mutual legal assistance may be postponed by the requested
Party on the ground that it interferes with an ongoing
investigation, prosecution or proceeding. In such a case, the
requested Party shall consult with the requesting Party to
determine if the assistance can still be given subject to such terms and conditions as the requested Party deems necessary.
18. A witness, expert or other person who consents to give
evidence in a proceeding or to assist in an investigation,
prosecution or judicial proceeding in the territory of the
requesting Party, shall not be prosecuted, detained, punished or
subjected to any other restriction of his personal liberty in that
territory in respect of acts, omissions or convictions prior to
his departure from the territory of the requested Party. Such safe
conduct shall cease when the witness, expert or other person
having had, for a period of fifteen consecutive days, or for any
period agreed upon by the Parties, from the date on which he has
been officially informed that his presence is no longer required
by the judicial authorities, an opportunity of leaving, has
nevertheless remained voluntarily in the territory or, having left
it, has returned of his own free will.
19. The ordinary costs of executing a request shall be borne by
the requested Party, unless otherwise agreed by the Parties
concerned. If expenses of a substantial or extraordinary nature
are or will be required to fulfil the request, the Parties shall
consult to determine the terms and conditions under which the
request will be executed as well as the manner in which the costs
shall be borne.
20. The Parties shall consider, as may be necessary, the possibility of concluding bilateral or multilateral agreements or arrangements that would serve the purposes of, give practical effect to, or enhance the provisions of this article.
Article 8
TRANSFER OF PROCEEDINGS
The Parties shall give consideration to the possibility of
transferring to one another proceedings for criminal prosecution
of offences established in accordance with article 3, paragraph 1,
in cases where such transfer is considered to be in the interests
of a proper administration of justice.
Article 9
OTHER FORMS OF CO-OPERATION AND TRAINING
1. The Parties shall co-operate closely with one another,
consistent with their respective domestic legal and administrative
systems, with a view to enhancing the effectiveness of law
enforcement action to suppress the commission of offences
established in accordance with article 3, paragraph 1. They shall,
in particular, on the basis of bilateral or multilateral agreements or arrangements:
(a) Establish and maintain channels of communication between
their competent agencies and services to facilitate the secure and
rapid exchange of information concerning all aspects of offences
established in accordance with article 3, paragraph 1, including,
if the Parties concerned deem it appropriate, links with other
criminal activities;
(b) Co-operate with one another in conducting enquiries, with
respect to offences established in accordance with article 3,
paragraph 1, having an international character, concerning:
(i) The identity, whereabouts and activities of persons
suspected of being involved in offences established in accordance
with article 3, paragraph 1;
(ii) The movement of proceeds or property derived from the
commission of such offences;
(iii) The movement of narcotic drugs, psychotropic
substances, substances in Table I and Table II of this Convention and instrumentalities used or intended for use in the commission of such offences;
(c) In appropriate cases and if not contrary to domestic law,
establish joint teams, taking into account the need to protect the
security of persons and of operations, to carry out the provisions
of this paragraph. Officials of any Party taking part in such
teams shall act as authorized by the appropriate authorities of
the Party in whose territory the operation is to take place; in
all such cases, the Parties involved shall ensure that the
sovereignty of the Party on whose territory the operation is to
take place is fully respected;
(d) Provide, when appropriate, necessary quantities of
substances for analytical or investigative purposes;
(e) Facilitate effective co-ordination between their competent
agencies and services and promote the exchange of personnel and
other experts, including the posting of liaison officers.

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2. Each Party shall, to the extent necessary, initiate, develop
or improve specific training programmes for its law enforcement
and other personnel, including customs, charged with the
suppression of offences established in accordance with article 3,
paragraph 1. Such programmes shall deal, in particular, with the following:
(a) Methods used in the detection and suppression of offences
established in accordance with article 3, paragraph 1;
(b) Routes and techniques used by persons suspected of being
involved in offences established in accordance with article 3, paragraph 1, particularly in transit States, and appropriate counter-measures;
(c) Monitoring of the import and export of narcotic drugs,
psychotropic substances and substances in Table I and Table II;
(d) Detection and monitoring of the movement of proceeds and
property derived from, and narcotic drugs, psychotropic substances
and substances in Table I and Table II, and instrumentalities used
or intended for use in, the commission of offences established in
accordance with article 3, paragraph 1;
(e) Methods used for the transfer, concealment or disguise of
such proceeds, property and instrumentalities;
(f) Collection of evidence;
(g) Control techniques in free trade zones and free ports;
(h) Modern law enforcement techniques.
3. The Parties shall assist one another to plan and implement
research and training programmes designed to share expertise in
the areas referred to in paragraph 2 of this article and, to this
end, shall also, when appropriate, use regional and international
conferences and seminars to promote co-operation and stimulate
discussion on problems of mutual concern, including the special
problems and needs of transit States.
Article 10
INTERNATIONAL CO-OPERATION AND ASSISTANCE FOR TRANSIT STATES
1. The Parties shall co-operate, directly or through competent
international or regional organizations, to assist and support
transit States and, in particular, developing countries in need of
such assistance and support, to the extent possible, through
programmes of technical co-operation on interdiction and other
related activities.
2. The Parties may undertake, directly or through competent
international or regional organizations, to provide financial
assistance to such transit States for the purpose of augmenting
and strengthening the infrastructure needed for effective control
and prevention of illicit traffic.
3. The Parties may conclude bilateral or multilateral
agreements or arrangements to enhance the effectiveness of
internationalco-operation pursuant to this article and may take
into consideration financial arrangements in this regard.
Article 11
CONTROLLED DELIVERY
1. If permitted by the basic principles of their respective
domestic legal systems, the Parties shall take the necessary
measures, within their possibilities, to allow for the appropriate
use of controlled delivery at the international level, on the
basis of agreements or arrangements mutually consented to, with a
view to identifying persons involved in offences established in
accordance with article 3, paragraph 1, and to taking legal action
against them.
2. Decisions to use controlled delivery shall be made on a
case-by-case basis and may, when necessary, take into
consideration financial arrangements and understandings with
respect to the exercise of jurisdiction by the Parties concerned.
3. Illicit consignments whose controlled delivery is agreed to
may, with the consent of the Parties concerned, be intercepted and
allowed to continue with the narcotic drugs or pyschotropic
substances intact or removed or replaced in whole or in part.
Article 12
SUBSTANCES FREQUENTLY USED IN THE ILLICIT MANUFACTURE OF NARCOTIC
DRUGS OR PSYCHOTROPIC SUBSTANCES
1. The Parties shall take the measures they deem appropriate to
prevent diversion of substances in Table I and Table II used for
the purpose of illicit manufacture of narcotic drugs or psychotropic substances, and shall co-operate with one another to this end.
2. If a Party or the Board has information which in its opinion
may require the inclusion of a substance in Table I or Table II,
it shall notify the Secretary-General and furnish him with the
information in support of that notification. The procedure
described in paragraphs 2 to 7 of this article shall also apply
when a Party or the Board has information justifying the deletion
of a substance from Table I or Table II, or the transfer of a
substance from one Table to the other.
3. The Secretary-General shall transmit such notification, and

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any information which he considers relevant, to the Parties, to
the Commission, and, where notification is made by a Party, to the
Board. The Parties shall communicate their comments concerning the
notification to the Secretary-General, together with all supplementary information which may assist the Board in establishing an assessment and the Commission in reaching a decision.
4. If the Board, taking into account the extent, importance and
diversity of the licit use of the substance, and the possibility
and ease of using alternate substances both for licit purposes and
for the illicit manufacture of narcotic drugs or psychotropic substances, finds:
(a) That the substance is frequently used in the illicit
manufacture of a narcotic drug or psychotropic substance;
(b) That the volume and extent of the illicit manufacture of a
narcotic drug or psychotropic substance creates serious public
health or social problems, so as to warrant international action,
it shall communicate to the Commission an assessment of the
substance, including the likely effect of adding the substance to
either Table I or Table II on both licit use and illicit
manufacture, together with recommendations of monitoring measures,
if any, that would be appropriate in the light of its assessment.
5. The Commission, taking into account the comments submitted
by the Parties and the comments and recommendations of the Board,
whose assessment shall be determinative as to scientific matters,
and also taking into due consideration any other relevant factors, may decide by a two-thirds majority of its members to place a substance in Table I or Table II.
6. Any decision of the Commission taken pursuant to this
article shall be communicated by the Secretary-General to all
States and other entities which are, or which are entitled to
become, Parties to this Convention, and to the Board. Such
decision shall become fully effective with respect to each Party
one hundred and eighty days after the date of such communication.
7. (a) The decisions of the Commission taken under this article
shall be subject to review by the Council upon the request of any
Party filed within one hundred and eighty days after the date of
notification of the decision. The request for review shall be sent
to the Secretary-General, together with all relevant information
upon which the request for review is based.
(b) The Secretary-General shall transmit copies of the request
for review and the relevant information to the Commission, to the
Board and to all the Parties, inviting them to submit their
comments within ninety days. All comments received shall be
submitted to the Council for consideration.
(c) The Council may confirm or reverse the decision of the
Commission. Notification of the Council's decision shall be
transmitted to all States and other entities which are, or which
are entitled to become, Parties to this Convention, to the
Commission and to the Board.
8. (a) Without prejudice to the generality of the provisions
contained in paragraph 1 of this article and the provisions of the
1961 Convention, the 1961 Convention as amended and the 1971
Convention, the Parties shall take the measures they deem appropriate to monitor the manufacture and distribution of substances in Table I and Table II which are carried out within their territory.
(b) To this end, the Parties may:
(i) Control all persons and enterprises engaged in the
manufacture and distribution of such substances;
(ii) Control under licence the establishment and premises in
which such manufacture or distribution may take place;
(iii) Require that licensees obtain a permit for conducting
the aforesaid operations;
(iv) Prevent the accumulation of such substances in the
possession of manufacturers and distributors, in excess of the
quantities required for the normal conduct of business and the
prevailing market conditions.
9. Each Party shall, with respect to substances in Table I and
Table II, take the following measures:
(a) Establish and maintain a system to monitor international
trade in substances in Table I and Table II in order to facilitate
the identification of suspicious transactions. Such monitoring
systems shall be applied in close co-operation with manufacturers,
importers, exporters, wholesalers and retailers, who shall inform
the competent authorities of suspicious orders and transactions.
(b) Provide for the seizure of any substance in Table I or
Table II if there is sufficient evidence that it is for use in the
illicit manufacture of a narcotic drug or psychotropic substance.
(c) Notify, as soon as possible, the competent authorities and
services of the Parties concerned if there is reason to believe
that the import, export or transit of a substance in Table I or

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Table II is destined for the illicit manufacture of narcotic drugs
or psychotropic substances, including in particular information
about the means of payment and any other essential elements which
led to that belief.
(d) Require that imports and exports be properly labelled and
documented. Commercial documents such as invoices, cargo
manifests, customs, transport and other shipping documents shall
include the names, as stated in Table I or Table II, of the
substances being imported or exported, the quantity being imported
or exported, and the name and address of the exporter, the
importer and, when available, the consignee.
(e) Ensure that documents referred to in subparagraph (d) of
this paragraph are maintained for a period of not less than two years and may be made available for inspection by the competent authorities.
10. (a) In addition to the provisions of paragraph 9, and upon
request to the Secretary-General by the interested Party, each
Party from whose territory a substance in Table I is to be
exported shall ensure that, prior to such export, the following information is supplied by its competent authorities to the competent authorities of the importing country:
(i) Name and address of the exporter and importer and, when
available, the consignee;
(ii) Name of the substance in Table I;
(iii) Quantity of the substance to be exported;
(iv) Expected point of entry and expected date of dispatch;
(v) Any other information which is mutually agreed upon by
the Parties.
(b) A Party may adopt more strict or severe measures of control
than those provided by this paragraph if, in its opinion, such
measures are desirable or necessary.

11. Where a Party furnishes information to another Party in
accordance with paragraphs 9 and 10 of this article, the Party
furnishing such information may require that the Party receiving
it keep confidential any trade, business, commercial or
professional secret or trade process.
12. Each Party shall furnish annually to the Board, in the form
and manner provided for by it and on forms made available by it,
information on:
(a) The amounts seized of substances in Table I and Table II
and, when known, their origin;
(b) Any substance not included in Table I or Table II which is
identified as having been used in illicit manufacture of narcotic
drugs or psychotropic substances, and which is deemed by the Party
to be sufficiently significant to be brought to the attention of the Board;
(c) Methods of diversion and illicit manufacture.
13. The Board shall report annually to the Commission on the implementation of this article and the Commission shall periodically review the adequacy and propriety of Table I and Table II.
14. The provisions of this article shall not apply to
pharmaceutical preparations, nor to other preparations containing substances in Table I or Table II that are compounded in such a way that such substances cannot be easily used or recovered by readily applicable means.
Article 13
MATERIALS AND EQUIPMENT
The Parties shall take such measures as they deem appropriate to
prevent trade in and the diversion of materials and equipment for
illicit production or manufacture of narcotic drugs and
psychotropic substances and shall co-operate to this end.
Article 14
MEASURES TO ERADICATE ILLICIT CULTIVATION OF NARCOTIC PLANTS AND
TO ELIMINATE ILLICIT DEMAND FOR NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES
1. Any measures taken pursuant to this Convention by Parties
shall not be less stringent than the provisions applicable to the
eradication of illicit cultivation of plants containing narcotic
and psychotropic substances and to the elimination of illicit
demand for narcotic drugs and psychotropic substances under the
provisions of the 1961 Convention, the 1961 Convention as amended
and the 1971 Convention.
2. Each Party shall take appropriate measures to prevent
illicit cultivation of and to eradicate plants containing narcotic
or psychotropic substances, such as opium poppy, coca bush and
cannabis plants, cultivated illicitly in its territory. The
measures adopted shall respect fundamental human rights and shall
take due account of traditional licit uses, where there is
historic evidence of such use, as well as the protection of the environment.
3. (a) The Parties may co-operate to increase the effectiveness
of eradication efforts. Such co-operation may, inter alia, include
support, when appropriate, for integrated rural development
leading to economically viable alternatives to illicit

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cultivation. Factors such as access to markets, the availability
of resources and prevailing socio-economic conditions should be
taken into account before such rural development programmes are implemented. The Parties may agree on any other appropriate measures of co-operation.
(b) The Parties shall also facilitate the exchange of scientific and technical information and the conduct of research concerning eradication.
(c) Whenever they have common frontiers, the Parties shall seek
to co-operate in eradication programmes in their respective areas
along those frontiers.
4. The Parties shall adopt appropriate measures aimed at
eliminating or reducing illicit demand for narcotic drugs and
psychotropic substances, with a view to reducing human suffering
and eliminating financial incentives for illicit traffic. These
measures may be based, inter alia, on the recommendations of the
United Nations, specialized agencies of the United Nations such as
the World Health Organization, and other competent international
organizations, and on the Comprehensive Multidisciplinary Outline
adopted by the International Conference on Drug Abuse and Illicit
Trafficking, held in 1987, as it pertains to governmental and
non-governmental agencies and private efforts in the fields of
prevention, treatment and rehabilitation. The Parties may enter
into bilateral or multilateral agreements or arrangements aimed at
eliminating or reducing illicit demand for narcotic drugs and
psychotropic substances.
5. The Parties may also take necessary measures for early
destruction or lawful disposal of the narcotic drugs, psychotropic
substances and substances in Table I and Table II which have been
seized or confiscated and for the admissibility as evidence of
duly certified necessary quantities of such substances.
Article 15
COMMERCIAL CARRIERS
1. The Parties shall take appropriate measures to ensure that
means of transport operated by commercial carriers are not used in
the commission of offences established in accordance with article
3, paragraph 1; such measures may include special arrangements
with commercial carriers.
2. Each Party shall require commercial carriers to take
reasonable precautions to prevent the use of their means of
transport for the commission of offences established in accordance
with article 3, paragraph 1. Such precautions may include:
(a) If the principal place of business of a commercial carrier
is within the territory of the Party:
(i) Training of personnel to identify suspicious
consignments or persons;
(ii) Promotion of integrity of personnel;
(b) If a commercial carrier is operating within the territory of the Party:
(i) Submission of cargo manifests in advance, whenever
possible;
(ii) Use of tamper-resistant, individually verifiable seals
on containers;
(iii) Reporting to the appropriate authorities at the
earliest opportunity all suspicious circumstances that may be
related to the commission of offences established in accordance
with article 3, paragraph 1.
3. Each Party shall seek to ensure that commercial carriers and
the appropriate authorities at points of entry and exit and other
customs control areas co-operate, with a view to preventing unauthorized access to means of transport and cargo and to implementing appropriate security measures.
Article 16
COMMERCIAL DOCUMENTS AND LABELLING OF EXPORTS
1. Each Party shall require that lawful exports of narcotic
drugs and psychotropic substances be properly documented. In
addition to the requirements for documentation under article 31 of
the 1961 Convention, article 31 of the 1961 Convention as amended
and article 12 of the 1971 Convention, commercial documents such
as invoices, cargo manifests, customs, transport and other
shipping documents shall include the names of the narcotic drugs
and psychotropic substances being exported as set out in the
respective Schedules of the 1961 Convention, the 1961 Convention
as amended and the 1971 Convention, the quantity being exported,
and the name and address of the exporter, the importer and, when
available, the consignee.
2. Each Party shall require that consignments of narcotic drugs
and psychotropic substances being exported be not mislabelled.
Article 17
ILLICIT TRAFFIC BY SEA
1. The Parties shall co-operate to the fullest extent possible to suppress illicit traffic by sea, in conformity with the international law of the sea.

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2. A Party which has reasonable grounds to suspect that a
vessel flying its flag or not displaying a flag or marks of
registry is engaged in illicit traffic may request the assistance
of other Parties in suppressing its use for that purpose. The
Parties so requested shall render such assistance within the means
available to them.
3. A Party which has reasonable grounds to suspect that a
vessel exercising freedom of navigation in accordance with
international law and flying the flag or displaying marks of
registry of another Party is engaged in illicit traffic may so
notify the flag State, request confirmation of registry and, if
confirmed, request authorization from the flag State to take
appropriate measures in regard to that vessel.
4. In accordance with paragraph 3 or in accordance with treaties in force between them or in accordance with any agreement or arrangement otherwise reached between those Parties, the flag State may authorize the requesting State to, inter alia:
(a) Board the vessel;
(b) Search the vessel;
(c) If evidence of involvement in illicit traffic is found, take appropriate action with respect to the vessel, persons and cargo on board.
5. Where action is taken pursuant to this article, the Parties concerned shall take due account of the need not to endanger the safety of life at sea, the security of the vessel and the cargo or to prejudice the commercial and legal interests of the flag State or any other interested State.
6. The flag State may, consistent with its obligations in
paragraph 1 of this article, subject its authorization to
conditions to be mutually agreed between it and the requesting
Party, including conditions relating to responsibility.
7. For the purposes of paragraphs 3 and 4 of this article, a
Party shall respond expeditiously to a request from another Party
to determine whether a vessel that is flying its flag is entitled
to do so, and to requests for authorization made pursuant to
paragraph 3. At the time of becoming a Party to this Convention,
each Party shall designate an authority or, when necessary,
authorities to receive and respond to such requests. Such
designation shall be notified through the Secretary-General to all
other Parties within one month of the designation.
8. A Party which has taken any action in accordance with this article shall promptly inform the flag State concerned of the results of that action.
9. The Parties shall consider entering into bilateral or
regional agreements or arrangements to carry out, or to enhance
the effectiveness of, the provisions of this article.
10. Action pursuant to paragraph 4 of this article shall be
carried out only by warships or military aircraft, or other ships
or aircraft clearly marked and identifiable as being on government
service and authorized to that effect.

11. Any action taken in accordance with this article shall take
due account of the need not to interfere with or affect the rights and obligations and the exercise of jurisdiction of coastal States in accordance with the international law of the sea.
Article 18
FREE TRADE ZONES AND FREE PORTS
1. The Parties shall apply measures to suppress illicit traffic
in narcotic drugs, psychotropic substances and substances in Table
I and Table II in free trade zones and in free ports that are no less stringent than those applied in other parts of their territories.
2. The Parties shall endeavour:
(a) To monitor the movement of goods and persons in free trade zones and free ports, and, to that end, shall empower the competent authorities to search cargoes and incoming and outgoing vessels, including pleasure craft and fishing vessels, as well as
aircraft and vehicles and, when appropriate, to search crew
members, passengers and their baggage;
(b) To establish and maintain a system to detect consignments
suspected of containing narcotic drugs, psychotropic substances
and substances in Table I and Table II passing into or out of free
trade zones and free ports;
(c) To establish and maintain surveillance systems in harbour
and dock areas and at airports and border control points in free
trade zones and free ports.
Article 19
THE USE OF THE MAILS
1. In conformity with their obligations under the Conventions
of the Universal Postal Union, and in accordance with the basic
principles of their domestic legal systems, the Parties shall
adopt measures to suppress the use of the mails for illicit
traffic and shall co-operate with one another to that end.
2. The measures referred to in paragraph 1 of this article
shall include, in particular:

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(a) Co-ordinated action for the prevention and repression of
the use of the mails for illicit traffic;
(b) Introduction and maintenance by authorized law enforcement
personnel of investigative and control techniques designed to
detect illicit consignments of narcotic drugs, psychotropic
substances and substances in Table I and Table II in the mails;
(c) Legislative measures to enable the use of appropriate means
to secure evidence required for judicial proceedings.
Article 20
INFORMATION TO BE FURNISHED BY THE PARTIES
1. The Parties shall furnish, through the Secretary-General,
information to the Commission on the working of this Convention in
their territories and, in particular:
(a) The text of laws and regulations promulgated in order to
give effect to the Convention;
(b) Particulars of cases of illicit traffic within their
jurisdiction which they consider important because of new trends
disclosed, the quantities involved, the sources from which the
substances are obtained, or the methods employed by persons so engaged.
2. The Parties shall furnish such information in such a manner
and by such dates as the Commission may request.
Article 21
FUNCTIONS OF THE COMMISSION
The Commission is authorized to consider all matters pertaining
to the aims of this Convention and, in particular:
(a) The Commission shall, on the basis of the information
submitted by the Parties in accordance with article 20, review the
operation of this Convention;
(b) The Commission may make suggestions and general
recommendations based on the examination of the information
received from the Parties;
(c) The Commission may call the attention of the Board to any
matters which may be relevant to the functions of the Board;
(d) The Commission shall, on any matter referred to it by the
Board under article 22, paragraph 1 (b), take such action as it
deems appropriate;
(e) The Commission may, in conformity with the procedures laid
down in article 12, amend Table I and Table II;
(f) The Commission may draw the attention of non-Parties to
decisions and recommendations which it adopts under this
Convention, with a view to their considering taking action in
accordance therewith.
Article 22
FUNCTIONS OF THE BOARD
1. Without prejudice to the functions of the Commission under
article 21, and without prejudice to the functions of the Board
and the Commission under the 1961 Convention, the 1961 Convention
as amended and the 1971 Convention:
(a) If, on the basis of its examination of information
available to it, to the Secretary-General or to the Commission, or
of information communicated by United Nations organs, the Board
has reason to believe that the aims of this Convention in matters
related to its competence are not being met, the Board may invite
a Party or Parties to furnish any relevant information;
(b) With respect to articles 12, 13 and 16:
(i) After taking action under subparagraph (a) of this
article, the Board, if satisfied that it is necessary to do so,
may call upon the Party concerned to adopt such remedial measures
as shall seem under the circumstances to be necessary for the
execution of the provisions of articles 12, 13 and 16;
(ii) Prior to taking action under (iii) below, the Board
shall treat as confidential its communications with the Party
concerned under the preceding subparagraphs;
(iii) If the Board finds that the Party concerned has not
taken remedial measures which it has been called upon to take
under this subparagraph, it may call the attention of the Parties,
the Council and the Commission to the matter. Any report published
by the Board under this subparagraph shall also contain the views
of the Party concerned if the latter so requests.
2. Any Party shall be invited to be represented at a meeting of
the Board at which a question of direct interest to it is to be
considered under this article.
3. If in any case a decision of the Board which is adopted under
this article is not unanimous, the views of the minority shall be
stated.
4. Decisions of the Board under this article shall be taken by a
two-thirds majority of the whole number of the Board.
5. In carrying out its functions pursuant to subparagraph 1 (a)
of this article, the Board shall ensure the confidentiality of all
information which may come into its possession.

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6. The Board's responsibility under this article shall not apply
to the implementation of treaties or agreements entered into
between Parties in accordance with the provisions of this
Convention.
7. The provisions of this article shall not be applicable to
disputes between Parties falling under the provisions of article
32.
Article 23
REPORTS OF THE BOARD
1. The Board shall prepare an annual report on its work
containing an analysis of the information at its disposal and, in
appropriate cases, an account of the explanations, if any, given
by or required of Parties, together with any observations and
recommendations which the Board desires to make. The Board may
make such additional reports as it considers necessary. The
reports shall be submitted to the Council through the Commission
which may make such comments as it sees fit.
2. The reports of the Board shall be communicated to the Parties
and subsequently published by the Secretary-General. The Parties
shall permit their unrestricted distribution.
Article 24
APPLICATION OF STRICTER MEASURES THAN THOSE REQUIRED BY THIS
CONVENTION
A Party may adopt more strict or severe measures than those
provided by this Convention if, in its opinion, such measures are desirable or necessary for the prevention or suppression of illicit traffic.
Article 25
NON-DEROGATION FROM EARLIER TREATY RIGHTS AND OBLIGATIONS
The provisions of this Convention shall not derogate from any rights enjoyed or obligations undertaken by Parties to this Convention under the 1961 Convention, the 1961 Convention as amended and the 1971 Convention.
Article 26
SIGNATURE
This Convention shall be open for signature at the United Nations Office at Vienna, from 20 December 1988 to 28 February 1989, and thereafter at the Headquarters of the United Nations at New York, until 20 December 1989, by:
(a) All States;
(b) Namibia, represented by the United Nations Council for Namibia;
(c) Regional economic integration organizations which have
competence in respect of the negotiation, conclusion and
application of international agreements in matters covered by this
Convention, references under the Convention to Parties, States or national services being applicable to these organizations within the limits of their competence.

Article 27
RATIFICATION, ACCEPTANCE, APPROVAL OR ACT OF FORMAL CONFIRMATION
1. This Convention is subject to ratification, acceptance or
approval by States and by Namibia, represented by the United
Nations Council for Namibia, and to acts of formal confirmation by
regional economic integration organizations referred to in article
26, subparagraph (c). The instruments of ratification, acceptance
or approval and those relating to acts of formal confirmation
shall be deposited with the Secretary-General.
2. In their instruments of formal confirmation, regional
economic integration organizations shall declare the extent of
their competence with respect to the matters governed by this
Convention. These organizations shall also inform the Secretary-
General of any modification in the extent of their competence with
respect to the matters governed by the Convention.
Article 28
ACCESSION
1. This Convention shall remain open for accession by any
State, by Namibia, represented by the United Nations Council for
Namibia, and by regional economic integration organizations
referred to in article 26, subparagraph (c). Accession shall be
effected by the deposit of an instrument of accession with the
Secretary-General.
2. In their instruments of accession, regional economic
integration organizations shall declare the extent of their
competence with respect to the matters governed by this
Convention. These organizations shall also inform the Secretary-General of any modification in the extent of their competence with respect to the matters governed by the Convention.
Article 29
ENTRY INTO FORCE
1. This Convention shall enter into force on the ninetieth day
after the date of the deposit with the Secretary-General of the
twentieth instrument of ratification, acceptance, approval or accession by States or by Namibia, represented by the Council for Namibia.
2. For each State or for Namibia, represented by the Council

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for Namibia, ratifying, accepting, approving or acceding to this
Convention after the deposit of the twentieth instrument of
ratification, acceptance, approval or accession, the Convention
shall enter into force on the ninetieth day after the date of the
deposit of its instrument of ratification, acceptance, approval or accession.
3. For each regional economic integration organization referred
to in article 26, subparagraph (c) depositing an instrument
relating to an act of formal confirmation or an instrument of
accession, this Convention shall enter into force on the ninetieth
day after such deposit, or at the date the Convention enters into
force pursuant to paragraph 1 of this article, whichever is later.
Article 30
DENUNCIATION
1. A Party may denounce this Convention at any time by a
written notification addressed to the Secretary-General.
2. Such denunciation shall take effect for the Party concerned
one year after the date of receipt of the notification by the Secretary-General.
Article 31
AMENDMENTS
1. Any Party may propose an amendment to this Convention. The
text of any such amendment and the reasons therefor shall be
communicated by that Party to the Secretary-General, who shall
communicate it to the other Parties and shall ask them whether
they accept the proposed amendment. If a proposed amendment so
circulated has not been rejected by any Party within twenty-four
months after it has been circulated, it shall be deemed to have
been accepted and shall enter into force in respect of a Party
ninety days after that Party has deposited with the Secretary-General an instrument expressing its consent to be bound by that amendment.
2. If a proposed amendment has been rejected by any Party, the
Secretary-General shall consult with the Parties and, if a
majority so requests, he shall bring the matter, together with any
comments made by the Parties, before the Council which may decide
to call a conference in accordance with Article 62, paragraph 4,
of the Charter of the United Nations. Any amendment resulting from
such a conference shall be embodied in a Protocol of Amendment.
Consent to be bound by such a Protocol shall be required to be expressed specifically to the Secretary-General.
Article 32
SETTLEMENT OF DISPUTES
1. If there should arise between two or more Parties a dispute
relating to the interpretation or application of this Convention,
the Parties shall consult together with a view to the settlement of the dispute by negotiation, enquiry, mediation, conciliation, arbitration, recourse to regional bodies, judicial process or other peaceful means of their own choice.

2. Any such dispute which cannot be settled in the manner
prescribed in paragraph 1 of this article shall be referred, at
the request of any one of the States Parties to the dispute, to
the International Court of Justice for decision.
3. If a regional economic integration organization referred to
in article 26, subparagraph (c) is a Party to a dispute which
cannot be settled in the manner prescribed in paragraph 1 of this
article, it may, through a State Member of the United Nations,
request the Council to request an advisory opinion of the
International Court of Justice in accordance with article 65 of the Statute of the Court, which opinion shall be regarded as decisive.
4. Each State, at the time of signature or ratification,
acceptance or approval of this Convention or accession thereto, or
each regional economic integration organization, at the time of
signature or deposit of an act of formal confirmation or
accession, may declare that it does not consider itself bound by
paragraphs 2 and 3 of this article. The other Parties shall not be
bound by paragraphs 2 and 3 with respect to any Party having made
such a declaration.
5. Any Party having made a declaration in accordance with paragraph 4 of this article may at any time withdraw the declaration by notification to the Secretary-General.
Article 33
AUTHENTIC TEXTS
The Arabic, Chinese, English, French, Russian and Spanish texts of
this Convention are equally authentic.
Article 34
DEPOSITARY
The Secretary-General shall be the depositary of this Convention.
IN WITNESS WHEREOF the undersigned, being duly authorized
thereto, have signed this Convention.
DONE AT VIENNA, in one original, this twentieth day of December
one thousand nine hundred and eighty-eight.

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ANNEX
Table I Table II
Ephedrine Acetic anhydride
Ergometrine Acetone
Ergotamine Anthranilic acid
Lysergic acid Ethyl ether
1-phenyl-2-propanone Phenylacetic acid
Pseudoephedrine Piperidine
The salts of the substances The salts of the substances listed
listed in this Table whenever in this Table whenever the existance
the existence of such salts is of such salts is possible.
possible.

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SCHEDULE 2

SCHEDULE 2 Section 3
NARCOTIC DRUGS
(Note: All substances specified in this Schedule are narcotic
drugs within the meaning of the Convention.)
Column 1 Column 2 Column 3
Drug Minimum Minimum
traffickable commercial
quantity quantity
(grams) (kilograms)
Acetorphine 2.00 2.00
Acetyl-a-methylfentanyl 0.005 0.005
Acetyldihydrocodeine, except when
compounded with one or more
other medicaments:
(a) in divided preparations containing
not more than 100mg of
acetyldihydrocodeine per dosage unit; or
(b) in undivided preparations with
a concentration of not more
than 2.5% of acetyldihydrocodeine 2.00 2.00
Acetylmethadol 2.00 2.00
Alfentanil 0.005 0.005
Allylprodine 2.00 2.00
Alphacetylmethadol 10.00 10.00
Alphameprodine 0.20 0.20
Alphamethadol 0.20 0.20
Alpha Methylfentanyl 0.005 0.005
Alphaprodine 25.00 25.00
Anileridine 25.00 25.00
Benzethidine 10.00 10.00
Benzylmorphine 5.00 5.00
Betacetylmethadol 5.00 5.00
Betameprodine 5.00 5.00
Betamethadol 5.00 5.00
Betaprodine 5.00 5.00
Bezitramide 5.00 5.00
Cannabis 100.00 100.00
Cannabis Oil 2.00 2.00
Cannabis Resin 20.00 50.00
Clonitazene 5.00 5.00
Cocaine 2.00 2.00
Coca Leaf 250.00 80.00
Codeine, except when compounded with
one or more other medicaments:
(a) in divided preparations containing
30mg or less of codeine
per dosage unit; or
(b) in undivided preparations containing
1% or less of codeine 10.00 10.00
Codeine-N-Oxide 10.00 10.00
Codoxime 10.00 10.00
Concentrate of Poppy Straw (the material
arising when poppy straw
has entered into a process for
concentration of its alkaloids) 250.00 250.00
Desomorphine 2.00 2.00
Dextromoramide 2.00 2.00
Dextropropoxyphene, except when:
(a) in divided preparations containing
135mg or less of
dextropropoxyphene per dosage unit; or
(b) in liquid preparations containing
2.5% or less of 27.00 27.00
Diampromide 5.00 5.00
Diethylthiambutene 5.00 5.00
Difenoxin, except in preparations containing,

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per dosage unit, 0.5mg or less of difenoxin
and a quantity of atropine sulphate
equivalent to at least 5% of the dose
of difenoxin 2.00 2.00
Dihydrocodeine, except when compounded with
one or more other medicaments:
(a) in divided preparations containing
not more than 100mg of
dihydrocodeine per dosage unit; or
(b) in undivided preparations with a
concentration of not more
than 2.5% of dihydrocodeine 10.00 10.00
Dihydromorphine 10.00 10.00
Dimenoxadol 10.00 10.00
Dimepheptanol 10.00 10.00
Dimethylthiambutene 20.00 20.00
Dioxaphetyl Butyrate 2.00 2.00
Diphenoxylate, except in preparations
containing per dosage unit,
2.5mg or less of diphenoxylate and a
quantity of atropine sulphate
equivalent to at least 1% of the dose
of diphenoxylate 2.00 2.00
Dipipanone 10.00 10.00
Drotebanol 2.00 2.00
Ecgonine 10.00 10.00
Ethylmethylthiambutene 10.00 10.00
Ethylmorphine, except when compounded with
one or more other medicaments:
(a) in divided preparations containing
not more than 100mg of
ethylmorphine per dosage unit; or
(b) in undivided preparations with a
concentration of not more
than 2.5% of ethylmorphine 2.00 2.00
Etonitazene 5.00 5.00
Etorphine 5.00 2.00
Etoxeridine 5.00 5.00
Fentanyl 0.005 0.005
Furethidine 1.00 1.00
Heroin 2.00 1.50
Hydrocodone 2.00 2.00
Hydromorphinol 2.00 2.00
Hydromorphone 2.00 2.00
Hydroxypethidine 5.00 5.00
Isomethadone 2.00 2.00
Ketobemidone 2.00 2.00
Levomethorphan 2.00 2.00
Levomoramide 2.00 2.00
Levophenacylmorphan 2.00 2.00
Levorphanol 1.00 1.00
Metazocine 7.00 7.00
Methadone 2.00 2.00
Methadone intermediate (4-Cyano-2-
dimethylamino-4, 4-diphenylbutane) 2.00 2.00
Methyldesorphine 2.00 2.00
Methyldihydromorphine 2.00 2.00
3-Methylfentanyl 0.005 0.005
Metopon 2.00 2.00
Moramide intermediate (2-Methyl-3-morpholino-1,
1-diphenylpropane Carboxylic Acid) 8.00 8.00
Morpheridine 2.00 2.00
Morphine 2.00 1.50
Morphine Methobromide 2.00 1.00
Morphine-N-oxide 2.00 2.00
MPPP (1-Methyl-4-phenyl-4-propionoxypiperidine) 2.00 2.00
Myrophine 20.00 20.00
Nicocodine, except when compounded with one
or more other medicaments:
(a) in divided preparations containing
not more than 100mg of
nicocodine per dosage unit; or
(b) in undivided preparations with a
concentration of not more
than 2.5% of nicocodine 2.00 2.00
Nicodicodine, except when compounded with
one or more other medicaments:
(a) in divided preparations containing
not more than 100mg of
nicodicodine per dosage unit; or

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(b) in undivided preparations with a
concentration of not more
than 2.5% of nicodicodine 2.00 2.00
Nicomorphine 2.00 2.00
Noracymethadol 2.00 2.00
Norcodeine, except when compounded with
one or more other medicaments:
(a) in divided preparations containing
not more than 100mg of
norcodeine per dosage unit; or
(b) in undivided preparations with a
concentration of not more
than 2.5% of norcodeine 2.00 2.00
Norlevorphanol 2.00 2.00
Normethadone 5.00 5.00
Normorphine 20.00 20.00
Norpipanone 10.00 10.00
Opium in any form, except the alkaloids
noscapine and papaverine 20.00 20.00
Oxycodone 5.00 5.00
Oxymorphone 2.00 2.00
PEPAP (1-Phenylethyl-4-phenyl
-4-acetoxypiperidine) 2.00 2.00
Pethidine 10.00 10.00
Pethidine intermediate A (4-Cyano-1
-methyl-4-phenylpiperidine) 10.00 10.00
Pethidine intermediate B (4-Phenylpiperidine
-4-carboxylic Acid Ethyl Ester) 10.00 10.00
Pethidine intermediate C (1-Methyl
-4-phenylpiperidine-4-carboxylic Acid) 10.00 10.00
Phenadoxone 10.00 10.00
Phenampromide 10.00 10.00
Phenazocine 1.00 1.00
Phenomorphan 5.00 5.00
Phenoperidine 1.00 1.00
Pholcodine, except when compounded with
one or more other medicaments:
(a) in divided preparations containing
not more than 100mg of
pholcodine per dosage unit; or
(b) in undivided preparations with a
concentration of not more
than 2.5% of pholcodine 5.00 5.00
Piminodine 10.00 10.00
Piritramide 1.00 1.00
Proheptazine 1.00 1.00
Properidine 25.00 25.00
Propiram 10.00 10.00
Racemethorphan 2.00 2.00
Racemoramide 2.00 2.00
Racemorphan 2.00 2.00
Sufentanil 0.005 0.005
Thebacon 2.00 2.00
Thebaine 2.00 2.00
Tilidine 20.00 20.00
Trimeperidine 10.00 10.00

CRIMES (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) ACT 1990 No. 97 of 1990 - SCHEDULE 3

SCHEDULE 3 Section 3
PSYCHOTROPIC SUBSTANCES
(Note: All substances specified in this Schedule are psychotropic
substances within the meaning of the Convention.)
PART 1
Column 1 Column 2 Column 3
Drug Minimum Minimum
traffickable commercial
quantity quantity
(grams) (kilograms)
Amphetamine 2.00 2.00
Amobarbital 20.00 20.00
Butalbital 20.00 20.00
Cyclobarbital 20.00 20.00
Cathinone 2.00 2.00
DOB (2, 5-Dimethoxy-4-bromoamphetamine) 0.50 0.50
DET (N, N-Diethyltryptamine) 2.00 2.00
Dexamphetamine 2.00 2.00
DMA (2, 5-Dimethoxy-a-methylphenylethylamine) 0.50 0.50
DMHP (3-(1, 2-Dimethylheptyl)-1-hydroxy-7,
8, 9, 10-tetrahydro-6,
6, 9-trimethyl-6H-dibenzo(b, d)pyran) 2.00 2.00

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DMT (N, N-Dimethyltryptamine) 2.00 2.00
DOET (2, 5-Dimethoxy-4-ethyl
-a-methylphenylethylamine) 0.50 0.50
Fenetylline 2.00 2.00
Levamphetamine 2.00 2.00
Levomethamphetamine 2.00 2.00
Levomethorphan 2.00 2.00
Lysergide (LSD, LSD-25) 0.002 0.002
MDA (3, 4-Methylenedioxyamphetamine) 0.50 0.50
MDMA (3, 4-Methylenedioxy-N,
a-dimethylphenylethylamine) 0.50 0.50
Mecloqualone 60.00 60.00
Mescaline (3, 4, 5-Trimethoxyphenethylamine) 7.50 7.50
Methamphetamine 2.00 2.00
Methaqualone 50.00 50.00
Methylphenidate 2.00 2.00
MMDA (5-Methoxy-3,
4-methylenedioxy-a-methylphenylethylamine)
0.50 0.50
Parahexyl (3-Hexyl-1-hydroxy-7, 8,
9, 10-tetrahydro-6, 6, 9-
trimethyl-6H-dibenzo(b,d)pyran) 2.00 2.00
PCE (Eticyclidine) 2.00 2.00
Pentazocine 20.00 20.00
Pentobarbital 20.00 20.00
Phencyclidine (PCP) 2.00 2.00
Phenmetrazine 5.00 5.00
PHP PCPY (Rolicyclidine) 2.00 2.00
PMA (4-Methoxy-a-methylphenylethylamine) 0.50 0.50
Psilocine (Psilottin) 2.00 2.00
Psilocybine 2.00 2.00
Secobarbital 20.00 20.00
Secbutobarbitone 20.00 20.00
(2-Amino-1-(2, 5-dimethoxy-4-methyl)
phenylpropane (STP, DOM) 0.50 0.50
(Tenocyclidine) TPC 2.00 2.00
Tetrahydrocannabinols (THC) and their
alkyl homologues, except
where separately specified in this Schedule 2.00 5.00
3, 4, 5-Trimethoxy-a-methylphenylethylamine (TMA) 0.50 0.50
PART 2
Allobarbital
Alprazolam
Amfepramone
Barbital
Benzphetamine
Bromazepam
Butobarbital
Camazepam
Cathine
Chlordiazepoxide
Clobazam
Clonazepam
Clorazepate
Clotiazepam
Cloxazolam
Delorazepam
Diazepam
Estazolam
Ethchlorvynol
Ethinamate
Ethyl Loflazepate
Etilamfetamine
Fencamfamin
Fenproporex
Fludiazepam
Flunitrazepam
Flurazepam
Glutethimide
Halazepam
Haloxazolam Ketazolam
Lefetamine SPA
Loprazolam
Lorazepam
Lormetazepam
Mazindol
Medazepam
Mefenorex
Meprobamate
Methylphenobarbital
Methyprylon
Nimetazepam
Nitrazepam
Nordazepam
Oxazepam
Oxazolam
Phendimetrazine
Phenobarbital
Phentermine
Pinazepam
Pipradrol
Prazepam
Propylhexedrine
Pyrovalerone
Secbutabarbital
Temazepam
Tetrazepam
Triazolam
Vinylbital