smartraveller.gov.au - Department of Foreign Affairs and Trade

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Avoid trouble with drugs overseas

Every year Australians are arrested overseas on drugs charges. Don’t be fooled into thinking it is worth risking carrying or taking drugs overseas. Australians do get caught and the strict penalties in place, including the death penalty, do apply to foreigners.

To minimise your chances of getting into trouble with drugs overseas:

• obey the law – don’t purchase, take or travel with drugs
• don’t leave your bags unattended in public areas
• don’t leave your bags in the care of a stranger
• never carry anything into or out of another country for someone else
• ensure your medicines are not considered illegal drugs overseas by contacting the nearest embassy of the country you are visiting before departing.
• as a sensible precaution against luggage tampering, including theft, lock your luggage. Information on luggage safety is available from The Australian Civil Aviation Safety Authority’s website. The United States has specific req uirements regarding locks used on airline baggage. See the US Department of Homeland Security’s website for further details.

If you get caught with drugs overseas

Every year the Australian Government provides consular assistance to Australians who have been arrested or jailed overseas for drug offences.

In the event that you are arrested on drug charges overseas, be aware that:

• countries like Thailand, Singapore, Indonesia, Malaysia and Vietnam impose tough penalties including the death penalty and life imprisonment
• in some countries the possession of small quantities of so-called ‘soft drugs’ can also attract jail sentences or heavy fines
• as soon as you arrive in another country, you are subject to that country’s local laws
• ignorance of local laws is not a valid defence
• following your arrest you have the right to contact the Australian Government, but consular assistance cannot override local law, even where local laws may appear harsh by Australian standards.

If one of your family members is arrested on drug charges overseas

Unfortunately, each year some Australians discover one of their family members has been arrested on drug charges overseas.

In the event that one of your family members is arrested, one of the Department’s consular officers can:

• visit the detainee as soon as they are notified they have been taken into custody and permission is granted by the local authorities
• provide them with general information about the local legal system and with a list of English-speaking lawyers
• ask whether they wish for their next-of-kin to be notified of their arrest – the consular officer can only share information about the detainee if this permission is granted and may only provide information to the individual/individuals identified
• assist the detainee to maintain contact with their family and to make arrangements to receive funds from their family if they wish
• object if the detainee is treated less favourably than local citizens arrested for similar offences
• take up any justified and serious complaint about ill-treatment or discrimination  with the police or prison authorities
• ensure that any medical or dental problem is brought to the attention of the prison doctor/dentist
• attend the detainee’s trial in court as an observer, if this is approved by local authorities.

Australian consular officers cannot provide legal advice, organise an Australian’s release from jail, arrange bail, pay fines, conduct investigations related to an offence or obtain better treatment than that provided to the country’s own citizens or to other nationals.

The Department of Foreign Affairs and Trade has prepared a range of publications for Australian travellers, including Hints for Australian Travellers, If you are arrested or jailed overseas and the Consular Services Charter. These publications may be ordered online.