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
:


(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.

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.

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.

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(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) .

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.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.