Schedule
-
The Criminal Code
Section
3
CHAPTER 9
-
DANGERS TO THE COMMUNITY
Part 9.1
-
Serious drug offences
History
Pt 9.1 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.
Division 300
-
Preliminary
History
Div 300 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005. No 129 of 2005, s 3 and Sch 1 item 75 contains the following application provision:
75 Application of amendments to conduct before and after commencement
(1)
In this item:
earlier conduct
means conduct engaged in before the commencement of this Schedule.
engage in conduct
has the same meaning as in the
Criminal Code
.
later conduct
means conduct engaged in after the commencement of this Schedule.
new law
means Part
9.1
of the
Criminal Code
as in force from time to time.
old law
means:
(a)
the provisions of Division
2
of Part
XIII
of the
Customs Act 1901
as in force from time to time before the commencement of this Schedule to the extent to which those provisions related to narcotic substances; and
(b)
any law related to those provisions.
(2)
The amendments made by this Schedule do not apply in relation to earlier conduct.
(3)
Despite the amendments made by this Schedule, the old law continues to apply in relation to later conduct if:
(a)
the later conduct is related to earlier conduct; and
(b)
because of that relationship, the later conduct would have constituted a physical element (or a part of a physical element) of an offence against the old law, had the old law remained in force.
(4)
If later conduct is alleged against a person in a prosecution for an offence against the old law, that conduct must not be alleged against the person in a prosecution for:
(a)
an offence against the new law; or
(b)
an offence related to an offence against the new law.
SECTION 300.2
300.2
Definitions
In this Part:
AFP Minister
means the Minister administering the
Australian Federal Police Act 1979
.
History
Definition of
"
AFP Minister
"
inserted by No 31 of 2018, s 3 and Sch 2 item 109, effective 11 May 2018. For transitional rules, see note under s
72.28
.
aggravated offence
has the meaning given by section
310.4
.
border controlled drug
:
(a)
means a substance that is a border controlled drug within the meaning of subsection
301.4(1)
; and
(b)
to avoid doubt, includes a substance that is, under subsection
301.4(2)
,
(3)
or
301.13(1A)
, taken, for the purposes of this Part, to be a border controlled drug only in relation to particular offences against this Part or particular elements of those offences.
History
Definition of
"
border controlled drug
"
substituted by No 98 of 2023, s 3 and Sch 2 item 1, effective 28 November 2023. The definition formerly read:
border controlled drug
has the meaning given by section 301.4.
Definition of
"
border controlled drug
"
substituted by No 167 of 2012, s 3 and Sch 1 item 2, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013. The definition formerly read:
border controlled drug
means a substance, other than a growing plant:
(a)
listed or described as a border controlled drug in section
314.4
; or
(b)
prescribed by regulations under paragraph
301.3(1)(a)
; or
(c)
specified in a determination under paragraph
301.8(1)(a)
.
border controlled plant
:
(a)
means a growing plant that is a border controlled plant within the meaning of subsection
301.5(1)
; and
(b)
to avoid doubt, includes a growing plant that is, under subsection
301.5(2)
or
301.13(1A)
, taken, for the purposes of this Part, to be a border controlled plant only in relation to particular offences against this Part or particular elements of those offences.
History
Definition of
"
border controlled plant
"
substituted by No 98 of 2023, s 3 and Sch 2 item 2, effective 28 November 2023. The definition formerly read:
border controlled plant
has the meaning given by section 301.5.
Definition of
"
border controlled plant
"
substituted by No 167 of 2012, s 3 and Sch 1 item 3, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013. The definition formerly read:
border controlled plant
means a growing plant:
(a)
listed or described as a border controlled plant in section
314.5
; or
(b)
prescribed by regulations under paragraph
301.3(1)(b)
; or
(c)
specified in a determination under paragraph
301.8(1)(b)
.
border controlled precursor
:
(a)
means a substance that is a border controlled precursor within the meaning of subsection
301.6(1)
; and
(b)
to avoid doubt, includes a substance that is, under subsection
301.6(1A)
,
(1B)
or
301.14(1A)
, taken, for the purposes of this Part, to be a border controlled precursor only in relation to particular offences against this Part or particular elements of those offences.
History
Definition of
"
border controlled precursor
"
substituted by No 98 of 2023, s 3 and Sch 2 item 3, effective 28 November 2023. The definition formerly read:
border controlled precursor
has the meaning given by section 301.6.
Definition of
"
border controlled precursor
"
substituted by No 167 of 2012, s 3 and Sch 1 item 4, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013. The definition formerly read:
border controlled precursor
means a substance (including a growing plant):
(a)
listed or described as a border controlled precursor in section
314.6
; or
(b)
prescribed by regulations under subsection
301.4(1);
(c)
specified in a determination under subsection
301.9(1)
.
child
means an individual who is under 18 years of age.
commercial quantity
of a serious drug, controlled precursor or border controlled precursor has the meaning given by section
301.10
.
History
Definition of
"
commercial quantity
"
substituted by No 167 of 2012, s 3 and Sch 1 item 5, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013. The definition formerly read:
commercial quantity
, in relation to a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor means a quantity not less than the quantity specified as a commercial quantity of the drug, plant or precursor in:
(a)
Division
314
; or
(b)
regulations under section
301.5
; or
(c)
a determination under section
301.10
.
conceal
a thing includes conceal or disguise:
(a)
the nature, source or location of the thing; or
(b)
any movement of the thing; or
(c)
the rights of any person with respect to the thing; or
(d)
the identity of any owner of the thing.
controlled drug
has the meaning given by section
301.1
.
History
Definition of
"
controlled drug
"
substituted by No 167 of 2012, s 3 and Sch 1 item 6, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013. The definition formerly read:
controlled drug
means a substance, other than a growing plant:
(a)
listed or described as a controlled drug in section
314.1
; or
(b)
prescribed by regulations under paragraph
301.1(1)(a)
; or
(c)
specified in a determination under paragraph
301.6(1)(a)
.
controlled plant
has the meaning given by section
301.2
.
History
Definition of
"
controlled plant
"
substituted by No 167 of 2012, s 3 and Sch 1 item 7, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013. The definition formerly read:
controlled plant
means a growing plant:
(a)
listed or described as a controlled plant in section
314.2
; or
(b)
prescribed by regulations under paragraph
301.1(1)(b)
; or
(c)
specified in a determination under paragraph
301.6(1)(b)
.
controlled precursor
has the meaning given by section
301.3
.
History
Definition of
"
controlled precursor
"
substituted by No 167 of 2012, s 3 and Sch 1 item 8, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013. The definition formerly read:
controlled precursor
means a substance (including a growing plant):
(a)
listed or described as a controlled precursor in section
314.3
; or
(b)
prescribed by regulations under subsection
301.2(1)
; or
(c)
specified in a determination under subsection
301.7(1)
.
cultivate
has the meaning given by subsection
303.1(1)
.
cultivates a plant
has the meaning given by subsection
303.1(2)
.
cultivates a plant for a commercial purpose
has the meaning given by section
303.3
.
determined
, in relation to a serious drug, controlled precursor or border controlled precursor, means:
(a)
for a serious drug
-
determined by the AFP Minister under section
301.13
; or
(b)
for a precursor
-
determined by the AFP Minister under section
301.14
.
History
Definition of
"
determined
"
amended by No 31 of 2018, s 3 and Sch 2 item 113(6), by substituting
"
AFP Minister
"
for
"
Minister
"
(wherever occurring), effective 11 May 2018. For transitional rules, see note under s
72.28
.
Definition of
"
determined
"
inserted by No 167 of 2012, s 3 and Sch 1 item 9, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013.
drug analogue
has the meaning given by section
301.9
.
History
Definition of
"
drug analogue
"
inserted by No 167 of 2012, s 3 and Sch 1 item 10, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013.
export
includes take from Australia.
import
, in relation to a substance, means import the substance into Australia and includes:
(a)
bring the substance into Australia; and
(b)
deal with the substance in connection with its importation.
History
Definition of
"
import
"
substituted by No 4 of 2010, s 3 and Sch 9 item 1, effective 20 February 2010. The definition formerly read:
"import"
includes bring into Australia.
listed
, in relation to a serious drug, means:
(a)
for a controlled drug
-
listed by a regulation made for the purposes of paragraph
301.1(a)
; or
(b)
for a controlled plant
-
listed by a regulation made for the purposes of paragraph
301.2(a)
; or
(c)
for a border controlled drug
-
listed by a regulation made for the purposes of paragraph
301.4(1)(a)
; or
(d)
for a border controlled plant
-
listed by a regulation made for the purposes of paragraph
301.5(1)(a)
.
History
Definition of
"
listed
"
amended by No 98 of 2023, s 3 and Sch 2 items 4 and 5, by substituting
"
301.4(1)(a)
"
for
"
301.4(a)
"
in para (c) and
"
301.5(1)(a)
"
for
"
301.5(a)
"
in para (d), effective 28 November 2023.
Definition of
"
listed
"
inserted by No 167 of 2012, s 3 and Sch 1 item 11, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013.
manufacture
has the meaning given by subsection
305.1(1)
.
manufactures a substance
has the meaning given by subsection
305.1(2)
.
manufactures a substance for a commercial purpose
has the meaning given by section
305.2
.
marketable quantity
of a serious drug, controlled precursor or border controlled precursor has the meaning given by section
301.11
.
History
Definition of
"
marketable quantity
"
substituted by No 167 of 2012, s 3 and Sch 1 item 12, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013. The definition formerly read:
marketable quantity
, in relation to a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor means a quantity not less than the quantity specified as a marketable quantity of the drug, plant or precursor in:
(a)
Division
314
; or
(b)
regulations under section
301.5
; or
(c)
a determination under section
301.10
.
possession
of a thing includes the following:
(a)
receiving or obtaining possession of the thing;
(b)
having control over the disposition of the thing (whether or not the thing is in the custody of the person);
(c)
having joint possession of the thing.
pre-traffics
has the meaning given by section
306.1
.
procures an individual to pre-traffic
has the meaning given by section
309.9
.
procures an individual to traffic
has the meaning given by section
309.6
.
product
of a plant has the meaning given by section
303.2
.
requisite fraction
has the meaning given by subsection
312.2(3)
.
sell
includes the following:
(a)
barter or exchange;
(b)
agree to sell.
serious drug
means one of the following:
(a)
a controlled drug;
(b)
a controlled plant;
(c)
a border controlled drug;
(d)
a border controlled plant.
History
Definition of
"
serious drug
"
inserted by No 167 of 2012, s 3 and Sch 1 item 13, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013.
supply
includes the following:
(a)
supply, whether or not by way of sale;
(b)
agree to supply.
taking
, in relation to a substance or plant, means taking the substance or plant, or a product of the plant, into the body.
TINDAPS Convention
has the meaning given by section
300.1
.
History
Definition of
"
TINDAPS Convention
"
will be inserted by No 167 of 2012, s 3 and Sch 1 item 14, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013.
trafficable quantity
of a controlled drug, or a controlled plant, has the meaning given by section
301.12
.
History
Definition of
"
trafficable quantity
"
substituted by No 167 of 2012, s 3 and Sch 1 item 15, applicable in relation to offences against Part
9.1
of the
Criminal Code
that are committed on or after 29 May 2013. The definition formerly read:
trafficable quantity
, in relation to a controlled drug or controlled plant, means a quantity not less than the quantity specified as a trafficable quantity of the drug or plant in:
(a)
Division
314
; or
(b)
regulations under section
301.5
; or
(c)
a determination under section
301.10
.
traffics
has the meaning given by section
302.1
.
transport
includes deliver.
History
S 300.2 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.
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