Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 300 - Preliminary  

SECTION 300.2   300.2   Definitions  


In this Part:

AFP Minister
means the Minister administering the Australian Federal Police Act 1979 .

aggravated offence
has the meaning given by section 310.4 .

border controlled drug
has the meaning given by section 301.4 .

border controlled plant
has the meaning given by section 301.5 .

border controlled precursor
has the meaning given by section 301.6 .

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.

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(a) ; or


(d) for a border controlled plant - listed by a regulation made for the purposes of paragraph 301.5(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) .

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.

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 .

transport
includes deliver.




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