(1) Subject to subsection (2), every person commits an offence against this Act who, outside New Zealand, does or omits to do any act that would, if done or omitted in New Zealand, constitute an offence against—
(2) No proceedings for an offence against subsection (1) may be brought unless—
(3) Every person who commits an offence against this section is liable on conviction on indictment to the same penalty to which the person would have been liable had that person committed the offence in New Zealand.
(4) Subsection (1) does not apply if the doing or omission of the act to which the charge relates was not an offence under the law of the place where the act was done or omitted.
(5) Despite subsection (4), if a person is charged with an offence against this section, it is to be presumed, unless the person charged puts the matter at issue, that the doing or omission of the act to which the charge relates was an offence under the law of the place where the act was done or omitted.
(6) Section 28A applies to proceedings for offences against this section.
Section 12C: inserted, on 12 May 1998, by section 5 of the Misuse of Drugs Amendment Act 1998 (1998 No 14).
Section 12C(1)(ca): inserted, on 22 June 2005, by section 12 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).