Criminal Code Act 1995

Schedule - The Criminal Code

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY

Part 9.1 - Serious drug offences

View history note

Division 300 - Preliminary

View history note

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 300.4 Concurrent operation intended

(1)
This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

(2)
Without limiting subsection (1), this Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:

(a) an act or omission that is an offence against a provision of this Part; or

(b) a similar act or omission;

an offence against the law of the State or Territory.

(3)
Subsection (2) applies even if the law of the State or Territory does any one or more of the following:

(a) provides for a penalty for the offence that differs from the penalty provided for in this Part;

(b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Part;

(c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.

View history note