Criminal Code Act 1995
Section 3CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.1 - Serious drug offences
This Part, other than Division 307 , does not apply in relation to conduct if:
(a) a person engages in the conduct in a State or Territory; and
(b) the conduct is justified or excused by or under a law of that State or Territory.
A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) ).
A person is not criminally responsible for an offence against this Part if the person ' s conduct is justified or excused by or under another Commonwalth law (see section 10.5 ). In 2005, Commonwealth laws that authorised importation, possession or use of controlled drugs, controlled plants, controlled precursors, border controlled drugs, border controlled plants or border controlled precursors included in the Customs Act 1901 , the Narcotic Drugs Act 1967 and the Crimes Act 1914 .