Criminal Code Act 1995
Section 3
CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.1 - Serious drug offences
View history note
Hide history noteIn this Part:
AFP Minister
means the Minister administering the
Australian Federal Police Act 1979
.
aggravated offence
has the meaning given by section
310.4
.
(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.
(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.
(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.
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
.
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
.
controlled plant
has the meaning given by section
301.2
.
controlled precursor
has the meaning given by section
301.3
.
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 .
drug analogue
has the meaning given by section
301.9
.
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.
[ CCH Note: Definition of " issuing officer " will be inserted by No 70 of 2026, s 3 and Sch 2 item 1, applicable (a) to an act or thing done in connection with a substance or object before, on or after 26 February 2027; and (b) to a proceeding initiated before, on or after 26 February 2027. The definition will read:
]issuing officer
has the meaning given by subsection 300.7(1) .
[ CCH Note: Definition of " law enforcement officer " will be inserted by No 70 of 2026, s 3 and Sch 2 item 1, applicable (a) to an act or thing done in connection with a substance or object before, on or after 26 February 2027; and (b) to a proceeding initiated before, on or after 26 February 2027. The definition will read:
]law enforcement officer
means:
(a) the Commissioner of the Australian Federal Police or an AFP appointee (within the meaning of the Australian Federal Police Act 1979 ); or
(b) a member of the police force (however described) of a State or Territory; or
(c) an officer of Customs (within the meaning of the Customs Act 1901 ); or
(d) a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002 ); or
(e) a staff member of the NACC (within the meaning of the National Anti-Corruption Commission Act 2022 ); or
(f) a member of a law enforcement agency (however described) of a foreign country; or
(g) a person in a class of persons determined for the purposes of this paragraph under subsection 300.7(4) .
[ CCH Note: Definition of " lawyer " will be inserted by No 70 of 2026, s 3 and Sch 2 item 1, applicable (a) to an act or thing done in connection with a substance or object before, on or after 26 February 2027; and (b) to a proceeding initiated before, on or after 26 February 2027. The definition will read:
]lawyer
means a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory.
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) .
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
.
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)
.
(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.
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
.
trafficable quantity
of a controlled drug, or a controlled plant, has the meaning given by section
301.12
.
traffics
has the meaning given by section
302.1
.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.