CRIMES ACT 1914

Part VIIA - Offences relating to postal services  

SECTION 85W   Causing controlled drugs or controlled plants to be carried by post  

(1)  


A person shall not intentionally cause to be carried by post an article that consists of, encloses or contains a controlled drug, or a controlled plant, within the meaning of Part 9.1 of the Criminal Code .

Penalty: Imprisonment for 2 years.

(2)  
Where an act constitutes an offence against a law of a State or Territory, the validity of the law is not affected merely because the act also constitutes an offence against subsection (1). Exceptions - supply of pharmaceutical products etc. to remote locations

(3)  


Subsection (1) does not apply in relation to conduct engaged in by a person if the person engages in the conduct:


(a) for the purposes of, and in accordance with, the Medical Chest Program; and


(b) in the course of duties, powers or functions performed or exercised by the person in the person's capacity as:


(i) Australia Post or an employee of Australia Post; or

(ii) the Royal Flying Doctor Service of Australia or an RFDSA employee or contractor.
Note:

A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

(3A)  


Subsection (1) does not apply in relation to conduct engaged in by a person if the person engaged in the conduct:


(a) for the purposes of, and in accordance with, a program, prescribed by the regulations, for the supply of packages of pharmaceutical products and medical supplies to remote locations; and


(b) in the course of duties, powers or functions performed or exercised by the person in the person's capacity as:


(i) Australia Post or an employee of Australia Post; or

(ii) a body, or the holder of an office or position, if the body, office or position is prescribed by the regulations in relation to the program; or

(iii) an employee of, or a person who performs services for or on behalf of, a government, body or other person, if the government, body or other person is prescribed by the regulations in relation to the program.
Note 1:

The regulations may prescribe a body or person by reference to a class of bodies of persons, and may make different provision with respect to different classes of bodies or persons (see subsection 33(3A) of the Acts Interpretation Act 1901 ).

Note 2:

A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code ).

(4)  


In this section:

Medical Chest Program
means the program known under that name (or another name determined by the Royal Flying Doctor Service of Australia) that is:


(a) for the supply of packages of pharmaceutical products and medical supplies to remote locations across Australia; and


(b) administered and operated by or on behalf of the Royal Flying Doctor Service of Australia.

RFDSA employee or contractor
means any of the following:


(a) an employee of the Royal Flying Doctor Service of Australia;


(b) any other person (an RFDSA contractor ) that performs services for or on behalf of the Royal Flying Doctor Service of Australia;


(c) a person who is employed by, or that performs services for or on behalf of, an RFDSA contractor.

Royal Flying Doctor Service of Australia
means one or more of the following bodies corporate (including, if the name of the body changes, the body as operating under the changed name, and, to the extent that the body stops performing any of its functions, any body corporate responsible for performing the same, or substantially the same, functions):


(a) the Australian Council of the Royal Flying Doctor Service of Australia;


(b) the Royal Flying Doctor Service of Australia Central Operations Incorporated;


(c) the Royal Flying Doctor Service of Australia (Queensland Section);


(d) the Royal Flying Doctor Service of Australia (South Eastern Section);


(e) the Royal Flying Doctor Service of Australia (Tasmanian Section);


(f) the Royal Flying Doctor Service of Australia (Victorian Section);


(g) the Royal Flying Doctor Service of Australia (Western Operations).




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