Commonwealth Numbered Acts Commonwealth Numbered ActsCriminal Code Act 1995
Insert:
"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).
(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).
(a) listed or described as a border controlled precursor in
section 314.6; or
(b) prescribed by regulations under subsection 301.4(1); or
(c) specified in a determination under subsection 301.9(1).
"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.
(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.
(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).
(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).
(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).
"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.
"export "includes take from Australia.
"import "includes bring into Australia.
"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", 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.
(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.
"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.
(a) supply, whether or not by way of sale;
(b) agree to supply.
"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.
"transport" includes deliver.
(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.
(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.
(a) a substance, other than a growing plant, as a controlled drug; or
(b) a growing plant as a controlled plant;
if the conditions set out in subsection (2) are met.
(a) the Minister must be satisfied that taking the substance or plant
concerned:
(i) would create a substantial risk of death or serious harm; or
(ii) would have a physical or mental effect substantially similar to that
caused by taking a substance or plant already listed or described in
section 314.1 or 314.2;
(b) the Minister must be satisfied that there is a substantial risk that
the substance or plant will be taken without appropriate medical
supervision.
(a) a substance, other than a growing plant, as a border controlled drug; or
(b) a growing plant as a border controlled plant;
if the conditions set out in subsection (2) are met.
(a) the Minister must be satisfied that taking the substance or plant
concerned:
(i) would create a substantial risk of death or serious harm; or
(ii) would have a physical or mental effect substantially similar to that
caused by taking a substance or plant already listed or described in
section 314.4 or 314.5;
(b) the Minister must be satisfied that there is a substantial risk that
the substance or plant will be taken without appropriate medical
supervision.
(a) a quantity of a controlled drug or controlled plant as a commercial,
marketable or trafficable quantity of the drug or plant; or
(b) a quantity of a controlled precursor as a commercial or marketable
quantity of the precursor.
(a) a commercial quantity of a particular controlled drug, controlled plant or
controlled precursor; or
(b) a marketable quantity of a particular controlled drug, controlled
plant or controlled precursor; or
(c) a trafficable quantity of a particular controlled drug or controlled
plant;
for a period that exceeds, or for periods that in total exceed, 12 months.
(a) there is no commercial, marketable or trafficable quantity specified in
section 314.1 for a substance listed or described as a controlled drug in
that section; or
(b) there is no commercial, marketable or trafficable quantity specified
in section 314.2 for a substance listed or described as a
controlled plant in that section; or
(c) there is no commercial or marketable quantity specified in
section 314.3 for a substance listed or described as a controlled
precursor in that section;
regulations under subsection (1) may prescribe such a quantity of the drug, plant or precursor.
(a) a commercial quantity of a particular border controlled drug, border
controlled plant or border controlled precursor; or
(b) a marketable quantity of a particular border controlled drug, border
controlled plant or border controlled precursor;
for a period that exceeds, or for periods that in total exceed, 12 months.
(a) there is no commercial or marketable quantity specified in
section 314.4 for a substance listed or described as a border controlled
drug in that section; or
(b) there is no commercial or marketable quantity specified in
section 314.5 for a substance listed or described as a border
controlled plant in that section; or
(c) there is no commercial or marketable quantity specified in
section 314.6 for a substance listed or described as a border
controlled precursor in that section;
regulations under subsection (4) may prescribe such a quantity of the drug, plant or precursor.
(a) a substance, other than a growing plant, is a controlled drug; or
(b) a growing plant is a controlled plant.
(a) that taking the substance or plant concerned:
(i) would create a substantial risk of death or serious harm; or
(ii) would have a physical or mental effect substantially similar to that
caused by taking a substance or plant already listed or described in
section 314.1 or 314.2; and
(b) that there is an imminent and substantial risk that the substance or
plant will be:
(i) taken without appropriate medical supervision; or
(ii) imported and made available for taking without appropriate medical
supervision.
(a) used to unlawfully manufacture a controlled drug; or
(b) imported and made available to be used in unlawfully manufacturing a
controlled drug.
(a) a substance, other than a growing plant, is a border controlled drug; or
(b) a growing plant is a border controlled plant.
(a) that taking the substance or plant concerned:
(i) would create a substantial risk of death or serious harm; or
(ii) would have a physical or mental effect substantially similar to that
caused by taking a substance or plant already listed or described in
section 314.4 or 314.5; and
(b) that there is an imminent and substantial risk that the substance or
plant will be:
(i) taken without appropriate medical supervision; or
(ii) imported and made available for taking without appropriate medical
supervision.
(a) used to unlawfully manufacture a controlled drug; or
(b) imported and made available to be used in unlawfully manufacturing a
controlled drug.
(a) a quantity of a controlled drug or controlled plant is a commercial,
marketable or trafficable quantity of the drug or plant; or
(b) a quantity of a controlled precursor is a commercial or marketable
quantity of the precursor.
(a) there is no commercial, marketable or trafficable quantity specified in
section 314.1 for a substance listed or described as a controlled drug in
that section; or
(b) there is no commercial, marketable or trafficable quantity specified
in section 314.2 for a substance listed or described as a
controlled plant in that section; or
(c) there is no commercial or marketable quantity specified in
section 314.3 for a substance listed or described as a controlled
precursor in that section;
the Minister may, under subsection (1), determine such a quantity of the drug, plant or precursor.
(a) there is no commercial or marketable quantity specified in
section 314.4 for a substance listed or described as a border controlled
drug in that section; or
(b) there is no commercial or marketable quantity specified in
section 314.5 for a substance listed or described as a border
controlled plant in that section; or
(c) there is no commercial or marketable quantity specified in
section 314.6 for a substance listed or described as a border
controlled precursor in that section;
the Minister may, under subsection (3), determine such a quantity of the drug, plant or precursor.
(a) from the time it is registered (within the meaning of the
Legislative Instruments Act 2003 ); and
(b) for the period of 28 days from that registration or such shorter
period as is specified in the determination.
(a) the Minister has made a determination under this Subdivision; and
(b) exceptional circumstances have prevented the making of regulations to
the same effect;
the Minister may, by legislative instrument, extend the period during which the determination is in force by no more than 28 days.
(a) make a public announcement of the determination; and
(b) cause a copy of the announcement to be published:
(i) on the Internet; and
(ii) in a newspaper circulating in each State, the Australian Capital
Territory and the Northern Territory.
(a) the person sells the substance; or
(b) the person prepares the substance for supply with the intention of
selling any of it or believing that another person intends to sell any
of it; or
(c) the person transports the substance with the intention of selling any
of it or believing that another person intends to sell any of it; or
(d) the person guards or conceals the substance with the intention of
selling any of it or assisting another person to sell any of it; or
(e) the person possesses the substance with the intention of selling any
of it.
(a) the person traffics in a substance; and
(b) the substance is a controlled drug; and
(c) the quantity trafficked is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(a) the person traffics in a substance; and
(b) the substance is a controlled drug; and
(c) the quantity trafficked is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) the person traffics in a substance; and
(b) the substance is a controlled drug.
Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.
(a) prepared a trafficable quantity of a substance for supply; or
(b) transported a trafficable quantity of a substance; or
(c) guarded or concealed a trafficable quantity of a substance; or
(d) possessed a trafficable quantity of a substance;
the person is taken to have had the necessary intention or belief concerning the sale of the substance to have been trafficking in the substance.
Note 2: This section does not apply where quantities are combined for the purposes of section 311.2 (see subsection 311.2(3)).
(a) an offence against this Division because of the operation of
section 11.2; or
(b) an offence against section 11.4 or 11.5 that relates to an
offence against this Division;
merely because the person purchases, or intends to purchase, a controlled drug from another person.
(a) plant a seed, seedling or cutting;
(b) transplant a plant;
(c) nurture, tend or grow a plant;
(d) guard or conceal a plant (including against interference or discovery
by humans or natural predators);
(e) harvest a plant, pick any part of a plant or separate any resin or
other substance from a plant.
(a) engages in its cultivation; or
(b) exercises control or direction over its cultivation; or
(c) provides finance for its cultivation.
(a) a seed of the plant;
(b) a part of the plant (whether alive or dead);
(c) a substance separated from the plant.
(a) with the intention of selling any of it or its products; or
(b) believing that another person intends to sell any of it or its
products.
(a) the person cultivates a plant for a commercial purpose; and
(b) the plant is a controlled plant; and
(c) the quantity cultivated is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(a) the person cultivates a plant for a commercial purpose; and
(b) the plant is a controlled plant; and
(c) the quantity cultivated is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) the person cultivates a plant for a commercial purpose; and
(b) the plant is a controlled plant.
Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.
(a) the person sells a plant; and
(b) the plant is a controlled plant; and
(c) the quantity sold is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(a) the person sells a plant; and
(b) the plant is a controlled plant; and
(c) the quantity sold is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) the person sells a plant; and
(b) the plant is a controlled plant.
Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.
(a) the process of extracting or refining a substance;
(b) the process of transforming a substance into a different substance.
(a) engages in its manufacture; or
(b) exercises control or direction over its manufacture; or
(c) provides finance for its manufacture.
(a) with the intention of selling any of it; or
(b) believing that another person intends to sell any of it.
(a) the person manufactures a substance for a commercial purpose; and
(b) the substance is a controlled drug; and
(c) the quantity manufactured is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(a) the person manufactures a substance for a commercial purpose; and
(b) the substance is a controlled drug; and
(c) the quantity manufactured is a marketable quantity.
Penalty:
(a) in
the case of an aggravated offence—imprisonment for 28 years or
5,600 penalty units, or both; or
(b) in any other case—imprisonment for 25 years or 5,000 penalty
units, or both.
(a) the person manufactures a substance for a commercial purpose; and
(b) the substance is a controlled drug.
Penalty:
(a) in the case of an
aggravated offence—imprisonment for 12 years or 2,400 penalty
units, or both; or
(b) in any other case—imprisonment for 10 years or 2,000 penalty
units, or both.
(a) sells the substance believing that the person to whom it is sold, or
another person, intends to use any of the substance to manufacture a
controlled drug; or
(b) manufactures the substance:
(i) with the intention of using any of it to manufacture a controlled
drug; and
(ii) with the intention of selling any of the drug so manufactured, or
believing that another person intends to sell any of the drug so
manufactured; or
(c) manufactures the substance:
(i) with the intention of selling any of it to another person; and
(ii) believing that the other person intends to use any of the substance to
manufacture a controlled drug; or
(d) possesses the substance:
(i) with the intention of using any of it to manufacture a controlled
drug; and
(ii) with the intention of selling any of the drug so manufactured, or
believing that another person intends to sell any of the drug so
manufactured.
(a) the person pre-traffics in a substance; and
(b) the substance is a controlled precursor; and
(c) the quantity pre-trafficked is a commercial quantity.
Penalty:
(a)
in the case of an aggravated offence—imprisonment for 28 years or
5,600 penalty units, or both; or
(b) in any other case—imprisonment for 25 years or 5,000 penalty
units, or both.
(a) the person pre-traffics in a substance; and
(b) the substance is a controlled precursor; and
(c) the quantity pre-trafficked is a marketable quantity.
Penalty:
(a)
in the case of an aggravated offence—imprisonment for 17 years or
3,400 penalty units, or both; or
(b) in any other case—imprisonment for 15 years or 3,000 penalty
units, or both.
(a) the person pre-traffics in a substance; and
(b) the substance is a controlled precursor.
Penalty:
(a) in the case of
an aggravated offence—imprisonment for 9 years or 1,800 penalty
units, or both; or
(b) in any other case—imprisonment for 7 years or 1,400 penalty
units, or both.
(a) a person has sold a substance; and
(b) a law of the Commonwealth or of a State or Territory required the sale
to be authorised (however described); and
(c) the sale was not so authorised;
the person is taken to have sold the substance believing that the person to whom it was sold, or another person, intended to use some or all of the substance to manufacture a controlled drug.
(a) a person has manufactured a substance; and
(b) a law of the Commonwealth or of a State or Territory required the
manufacture to be authorised (however described); and
(c) the manufacture was not so authorised;
the person is taken to have manufactured the substance with the intention of using some or all of it to manufacture a controlled drug.
(a) a person has manufactured a substance with the intention of selling some
or all of it to another person; and
(b) a law of the Commonwealth or of a State or Territory required the
manufacture to be authorised (however described); and
(c) the manufacture was not so authorised;
the person is taken to have manufactured the substance believing that the other person intended to use some or all of the substance to manufacture a controlled drug.
(a) a person possessed a substance; and
(b) a law of the Commonwealth or of a State or Territory required the
possession to be authorised (however described); and
(c) the possession was not so authorised;
the person is taken to have possessed the substance with the intention of using some or all of it to manufacture a controlled drug.
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled plant;
and
(c) the quantity imported or exported is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled plant;
and
(c) the quantity imported or exported is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled plant.
Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled plant.
Penalty: Imprisonment for 2 years, or 400 penalty units, or both.
(a) the person possesses a substance; and
(b) the substance was unlawfully imported; and
(c) the substance is a border controlled drug or border controlled plant;
and
(d) the quantity possessed is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(a) the person possesses a substance; and
(b) the substance was unlawfully imported; and
(c) the substance is a border controlled drug or border controlled plant;
and
(d) the quantity possessed is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) the person possesses a substance; and
(b) the substance was unlawfully imported; and
(c) the substance is a border controlled drug or border controlled plant.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(a) the person possesses a substance; and
(b) the substance is reasonably suspected of having been unlawfully
imported; and
(c) the substance is a border controlled drug or border controlled plant;
and
(d) the quantity possessed is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(a) the person possesses a substance; and
(b) the substance is reasonably suspected of having been unlawfully
imported; and
(c) the substance is a border controlled drug or border controlled plant;
and
(d) the quantity possessed is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) the person possesses a substance; and
(b) the substance is reasonably suspected of having been unlawfully
imported; and
(c) the substance is a border controlled drug or border controlled plant.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(a) the person imports or exports a substance; and
(b) either or both of the following apply:
(i) the person intends to use any of the substance to manufacture a
controlled drug;
(ii) the person believes that another person intends to use any of the
substance to manufacture a controlled drug; and
(c) the substance is a border controlled precursor; and
(d) the quantity imported or exported is a commercial quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) the person imports or exports a substance; and
(b) either or both of the following apply:
(i) the person intends to use any of the substance to manufacture a
controlled drug;
(ii) the person believes that another person intends to use any of the
substance to manufacture a controlled drug; and
(c) the substance is a border controlled precursor; and
(d) the quantity imported or exported is a marketable quantity.
Penalty: Imprisonment for 15 years or 3,000 penalty units, or both.
(a) in relation to conduct covered by subparagraph (1)(b)(i)—the
person proves that he or she neither intended, nor believed that another
person intended, to sell any of the controlled drug so manufactured; or
(b) in relation to conduct covered by
subparagraph (1)(b)(ii)—the person proves that, although he
or she believed that the other person intended to use the substance to
manufacture a controlled drug, he or she did not intend to sell any of
the substance to the other person.
(a) the person imports or exports a substance; and
(b) either or both of the following apply:
(i) the person intends to use any of the substance to manufacture a
controlled drug;
(ii) the person believes that another person intends to use any of the
substance to manufacture a controlled drug; and
(c) the substance is a border controlled precursor.
Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
(a) in relation to conduct covered by subparagraph (1)(b)(i)—the
person proves that he or she neither intended, nor believed that another
person intended, to sell any of the controlled drug so manufactured; or
(b) in relation to conduct covered by
subparagraph (1)(b)(ii)—the person proves that, although he
or she believed that the other person intended to use the substance to
manufacture a controlled drug, he or she did not intend to sell any of
the substance to the other person.
(a) a person has imported or exported a substance; and
(b) a law of the Commonwealth required the import or export to be
authorised (however described); and
(c) the import or export was not so authorised;
the person is taken to have imported or exported the substance with the intention of using some or all of the substance to manufacture a controlled drug.
(a) a person has imported or exported a substance; and
(b) a law of the Commonwealth required the import or export to be
authorised (however described); and
(c) the import or export was not so authorised;
the person is taken to have imported or exported the substance believing that another person intends to use some or all of the substance to manufacture a controlled drug.
(a) the person possesses a substance; and
(b) the substance is a controlled drug.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(a) a person is charged with, or convicted of, an offence against
subsection (1); and
(b) the offence is alleged to have been, or was, committed in a State or
Territory;
the person may be tried, punished or otherwise dealt with as if the offence were an offence against the law of the State or Territory that involved the possession or use of a controlled drug (however described).
(a) sentenced to a period of imprisonment that exceeds the period set out in
subsection (1); or
(b) fined an amount that exceeds the amount set out in
subsection (1).
(a) Part 1B of the Crimes Act 1914 ; or
(b) section 68 or 79 of the Judiciary Act 1903 ; or
(c) any other law that provides for a law of a State or Territory to apply
in relation to the exercise of federal jurisdiction.
(a) the person possesses a substance; and
(b) the person intends to use any of the substance to manufacture a
controlled drug; and
(c) the substance is a controlled precursor.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(a) a person possessed a substance; and
(b) a law of the Commonwealth or of a State or Territory required the
possession to be authorised (however described); and
(c) the possession was not so authorised;
the person is taken to have possessed the substance with the intention of using some or all of the substance to manufacture a controlled drug.
(a) the person possesses a plant, a product of a plant, any equipment or any
document containing instructions for growing a plant; and
(b) the person intends to use the plant, product, equipment or document to
cultivate a controlled plant; and
(c) the person intends to sell, or believes that another person intends to
sell, any of the plant so cultivated or any of its products.
Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
(a) the person possesses any substance (other than a controlled precursor),
any equipment or any document containing instructions for manufacturing a
controlled drug; and
(b) the person intends to use the substance, equipment or document to
manufacture a controlled drug; and
(c) the person intends to sell, or believes that another person intends to
sell, any of the drug so manufactured.
Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
(a) a person possessed a tablet press; and
(b) a law of the Commonwealth or of a State or Territory required the
possession to be authorised (however described); and
(c) the possession was not so authorised;
the person is taken to have possessed the tablet press with the intention of using it to manufacture a controlled drug.
(a) the person supplies a substance to an individual; and
(b) the individual is a child; and
(c) the substance is a controlled drug.
Penalty: Imprisonment for 15 years or 3,000 penalty units, or both.
(a) the person supplies a substance to an individual; and
(b) the individual is a child; and
(c) the substance is a controlled drug; and
(d) the quantity supplied is a marketable quantity; and
(e) the person supplies the controlled drug believing that the child
intends to sell any of it.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(a) the person supplies a substance to an individual; and
(b) the individual is a child; and
(c) the substance is a controlled drug; and
(d) the person supplies the controlled drug believing that the child
intends to sell any of it.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) the person procures the individual to sell the substance; or
(b) the person, with the intention of selling any of the substance or
believing that another person intends to sell any of the substance,
procures the individual to prepare the substance for supply or to
transport the substance; or
(c) the person, with the intention of selling any of the substance or
assisting another person to sell any of the substance, procures the
individual to guard or conceal the substance.
(a) the person procures an individual to traffic in a quantity of a substance;
and
(b) the individual is a child; and
(c) the substance is a controlled drug; and
(d) the quantity is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(a) the person procures an individual to traffic in a substance; and
(b) the individual is a child; and
(c) the substance is a controlled drug.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) the person procures an individual to pre-traffic in a quantity of a
substance; and
(b) the individual is a child; and
(c) the substance is a controlled precursor; and
(d) the quantity is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(a) the person procures an individual to pre-traffic in a substance; and
(b) the individual is a child; and
(c) the substance is a controlled precursor.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) the person procures an individual to import or export a substance; and
(b) the individual is a child; and
(c) the substance is a border controlled drug or border controlled plant;
and
(d) the quantity imported or exported is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
Note 2: A person who does not commit an offence against this section because he or she proves the matters in subsection (5) may, however, have committed an offence against section 309.2 (supplying controlled drugs to children).
(a) the person procures an individual to import or export a substance; and
(b) the individual is a child; and
(c) the substance is a border controlled drug or border controlled plant.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
Note 2: A person who does not commit an offence against this section because he or she proves the matters in subsection (4) may, however, have committed an offence against section 309.2 (supplying controlled drugs to children).
(a) the person procures an individual to import or export a substance; and
(b) either or both of the following apply:
(i) the person intends to use any of the substance to manufacture a
controlled drug;
(ii) the person believes that another person intends to use any of the
substance to manufacture a controlled drug; and
(c) the individual is a child; and
(d) the substance is a border controlled precursor; and
(e) the quantity imported or exported is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(a) in relation to conduct covered by subparagraph (1)(b)(i)—the
person proves that he or she neither intended, nor believed that another
person intended, to sell any of the controlled drug so manufactured; or
(b) in relation to conduct covered by
subparagraph (1)(b)(ii)—the person proves that, although he
or she believed that the other person intended to use the substance to
manufacture a controlled drug, he or she did not intend to sell any of
the substance to the other person.
(a) the person procures an individual to import or export a substance; and
(b) either or both of the following apply:
(i) the person intends to use any of the substance to manufacture a
controlled drug;
(ii) the person believes that another person intends to use any of the
substance to manufacture a controlled drug; and
(c) the individual is a child; and
(d) the substance is a border controlled precursor.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) in relation to conduct covered by subparagraph (1)(b)(i)—the
person proves that he or she neither intended, nor believed that another
person intended, to sell any of the controlled drug so manufactured; or
(b) in relation to conduct covered by
subparagraph (1)(b)(ii)—the person proves that, although he
or she believed that the other person intended to use the substance to
manufacture a controlled drug, he or she did not intend to sell any of
the substance to the other person.
(a) the person engages in conduct; and
(b) the conduct gives rise to a danger of serious harm to an individual;
and
(c) the individual is under 14 years of age; and
(d) the danger exists because the individual is exposed to the manufacture
of a controlled drug or a controlled precursor; and
(e) the manufacture is an offence against this Part, or would be an
offence against this Part if the manufacture were for a commercial
purpose (see section 305.2).
Penalty: Imprisonment for 9 years or 1,800 penalty units, or both.
(a) that a person was actually placed in danger of serious harm by the conduct
concerned; or
(b) that a particular person committed the offence mentioned in
paragraph (1)(e).
(a) the person engages in conduct; and
(b) the conduct causes harm to an individual; and
(c) the individual is under 14 years of age; and
(d) the harm is caused because the individual is exposed to the
manufacture of a controlled drug or a controlled precursor; and
(e) the manufacture is an offence against this Part, or would be an
offence against this Part if the manufacture were for a commercial
purpose (see section 305.2).
Penalty: Imprisonment for 9 years or 1,800 penalty units, or both.
(a) the commission of the offence exposes an individual to the manufacture of
a controlled drug; and
(b) the individual is under 14 years of age.
(a) the commission of the offence exposes an individual to:
(i) a controlled precursor intended to be used for the manufacture of a
controlled drug; or
(ii) the manufacture of a controlled precursor; and
(b) the individual is under 14 years of age.
(a) traffics in different parcels of controlled drugs (Division 302); or
(b) cultivates different parcels of controlled plants (Division 303);
or
(c) sells different parcels of controlled plants (Division 304); or
(d) manufactures different parcels of controlled drugs
(Division 305); or
(e) pre-traffics in different parcels of controlled precursors
(Division 306); or
(f) imports or exports different parcels of border controlled drugs or
border controlled plants (Subdivision A of Division 307); or
(g) possesses different parcels of unlawfully imported border controlled
drugs or border controlled plants (Subdivision B of
Division 307); or
(h) possesses different parcels of border controlled drugs or border
controlled plants reasonably suspected of having been unlawfully
imported (Subdivision C of Division 307); or
(i) imports or exports different parcels of border controlled precursors
(Subdivision D of Division 307); or
(j) supplies different parcels of controlled drugs to a child for
trafficking (sections 309.3 and 309.4); or
(k) procures a child to traffic in different parcels of controlled drugs
(sections 309.7 and 309.8); or
(l) procures a child to pre-traffic in different parcels of controlled
precursors (sections 309.10 and 309.11); or
(m) procures a child to import or export different parcels of border
controlled drugs or border controlled plants (sections 309.12 and
309.13); or
(n) procures a child to import or export different parcels of border
controlled precursors (sections 309.14 and 309.15);
the person may be charged with a single offence against this Part in respect of all or any of the different parcels of drugs, plants or precursors.
(a) section 302.2 (trafficking commercial quantities of controlled
drugs); or
(b) section 302.3 (trafficking marketable quantities of controlled
drugs);
the prosecution may prove the element of the offence relating to the quantity of controlled drug by proving:
(c) that the defendant
was engaged in an organised commercial activity that involved repeated
trafficking in controlled drugs; and
(d) that the relevant quantity of a controlled drug, or of a combination
of controlled drugs, was trafficked in the course of that activity.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).
(a) the exact date of each occasion of trafficking; or
(b) the exact quantity trafficked on each occasion.
(a) section 306.2 (pre-trafficking commercial quantities of controlled
precursors); or
(b) section 306.3 (pre-trafficking marketable quantities of
controlled precursors);
where the alleged conduct of the defendant involves pre-trafficking by selling controlled precursors, the prosecution may prove the element of the offence relating to the quantity of controlled precursor by proving:
(c) that the defendant
was engaged in an organised commercial activity that involved repeated
pre-trafficking by selling controlled precursors; and
(d) that the relevant quantity of a controlled precursor, or of a
combination of controlled precursors, was pre-trafficked by sale in
the course of that activity.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).
(a) the exact date of each occasion of pre-trafficking; or
(b) the exact quantity pre-trafficked on each occasion.
(a) section 307.1 (importing and exporting commercial quantities of
border controlled drugs or border controlled plants); or
(b) section 307.2 (importing and exporting marketable quantities of
border controlled drugs or border controlled plants);
the prosecution may prove the element of the offence relating to the quantity of border controlled drug or border controlled plant by proving:
(c)
that the defendant was engaged in an organised commercial activity
that involved repeated importing or exporting of border controlled
drugs or border controlled plants, or both; and
(d) that the relevant quantity of a border controlled drug or border
controlled plant or both, or of a combination of border controlled
drugs or border controlled plants or both, was imported or exported in
the course of that activity.
(a) the exact date of each occasion of import or export; or
(b) the exact quantity imported or exported on each occasion.
(a) section 307.11 (importing and exporting commercial quantities of
border controlled precursors); or
(b) section 307.12 (importing and exporting marketable quantities of
border controlled precursors);
the prosecution may prove the element of the offence relating to the quantity of border controlled precursor by proving:
(c) that the defendant was engaged in an organised
commercial activity that involved repeated importing or exporting of
border controlled precursors; and
(d) that the relevant quantity of a border controlled precursor, or of a
combination of border controlled precursors, was imported or exported
in the course of that activity.
(a) the exact date of each occasion of import or export; or
(b) the exact quantity imported or exported on each occasion.
(a) that the defendant was engaged in an organised commercial activity that
involved repeated supplying of drugs to children for trafficking; and
(b) that the relevant quantity of a controlled drug, or of a combination
of controlled drugs, was supplied to children in the course of that
activity.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(b).
(a) the exact date of each occasion of supply; or
(b) the exact quantity supplied on each occasion.
(a) the fact that it intends to do so must be set out in the charge; and
(b) a description of the conduct alleged for the purposes of that section
must be set out in the charge or provided to the accused within a
reasonable time before the proceedings.
(a) an occasion of trafficking, pre-trafficking, importing or exporting or
supplying is alleged in proceedings against a person for an offence prosecuted
in accordance with section 311.2, 311.3, 311.4, 311.5 or 311.6; and
(b) the person is convicted or acquitted of the offence;
that occasion must not be alleged in proceedings against the person for another offence against this Part.
(a) an occasion of trafficking, pre-trafficking, importing or exporting or
supplying is alleged in proceedings against a person for an offence against
this Part; and
(b) the person is convicted or acquitted of the offence;
that occasion must not be alleged in proceedings against the person for an offence prosecuted in accordance with section 311.2, 311.3, 311.4, 311.5 or 311.6.
(a) that the defendant committed offences against that Division on different
occasions; and
(b) that each of those offences was committed within a period of not more
than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled drug, or of a
combination of controlled drugs, was trafficked during the commission
of those offences.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
(a) that the defendant committed offences against that Division on different
occasions; and
(b) that each of those offences was committed within a period of not more
than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled plant, or of a
combination of controlled plants, was cultivated during the commission
of those offences.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
(a) that the defendant committed offences against that Division on different
occasions; and
(b) that each of those offences was committed within a period of not more
than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled plant, or of a
combination of controlled plants, was sold during the commission of
those offences.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
(a) that the defendant committed offences against that Division on different
occasions; and
(b) that each of those offences was committed within a period of not more
than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled drug, or of a
combination of controlled drugs, was manufactured during the
commission of those offences.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
(a) that the defendant committed offences against that Division on different
occasions; and
(b) that each of those offences was committed within a period of not more
than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled precursor, or of a
combination of controlled precursors, was pre-trafficked during the
commission of those offences.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
(a) that the defendant committed offences against that Subdivision on
different occasions; and
(b) that each of those offences was committed within a period of not more
than 30 days from another of those offences; and
(c) that the relevant quantity (in sum) of a border controlled drug or
border controlled plant or both, or of a combination of border
controlled drugs or border controlled plants or both, was imported or
exported during the commission of those offences.
(a) that the defendant committed offences against that Subdivision on
different occasions; and
(b) that each of those offences was committed within a period of not more
than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a border controlled drug or
border controlled plant or both, or of a combination of border
controlled drugs or border controlled plants or both, was possessed by
the defendant during the commission of those offences.
(a) that the defendant committed offences against that Subdivision on
different occasions; and
(b) that each of those offences was committed within a period of not more
than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a border controlled drug or
border controlled plant or both, or of a combination of border
controlled drugs or border controlled plants or both, was possessed by
the defendant during the commission of those offences.
(a) that the defendant committed offences against that Subdivision on
different occasions; and
(b) that each of those offences was committed within a period of not more
than 30 days from another of those offences; and
(c) that the relevant quantity (in sum) of a border controlled precursor,
or of a combination of border controlled precursors, was imported or
exported during the commission of those offences.
(a) that the defendant committed offences against section 309.4
(supplying controlled drugs to children for trafficking) on different
occasions; and
(b) that each of those offences was committed within a period of not more
than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled drug, or of a
combination of controlled drugs, was supplied during the commission of
those offences.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
(a) that the defendant committed offences against section 309.8
(procuring children for trafficking controlled drugs) on different occasions;
and
(b) that each of those offences was committed within a period of not more
than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled drug, or of a
combination of controlled drugs, was trafficked during the commission
of those offences.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
(a) that the defendant committed offences against section 309.11
(procuring children for pre-trafficking controlled precursors) on different
occasions; and
(b) that each of those offences was committed within a period of not more
than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled precursor, or of a
combination of controlled precursors, was pre-trafficked during the
commission of those offences.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
(a) that the defendant committed offences against section 309.13
(procuring children for importing or exporting border controlled drugs or
border controlled plants) on different occasions; and
(b) that each of those offences was committed within a period of not more
than 30 days from another of those offences; and
(c) that the relevant quantity (in sum) of a border controlled drug or
border controlled plant or both, or of a combination of border
controlled drugs or border controlled plants or both, was imported or
exported during the commission of those offences.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
(a) that the defendant committed offences against section 309.15
(procuring children for importing or exporting border controlled precursors)
on different occasions; and
(b) that each of those offences was committed within a period of not more
than 30 days from another of those offences; and
(c) that the relevant quantity (in sum) of a border controlled precursor,
or of a combination of border controlled precursors, was imported or
exported during the commission of those offences.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
(a) by proving that the mixture contains that quantity of the pure form of the
controlled drug; or
(b) if such a quantity is specified in Division 314 for the
controlled drug in a mixture—by proving that quantity of the
mixture.
(a) by proving that the mixture contains that quantity of the pure form of the
border controlled drug; or
(b) if such a quantity is specified in Division 314 for the border
controlled drug in a mixture—by proving that quantity of the
mixture.
(a) trafficking in more than one kind of controlled drug; or
(b) cultivating more than one kind of controlled plant; or
(c) selling more than one kind of controlled plant; or
(d) manufacturing more than one kind of controlled drug; or
(e) pre-trafficking in more than one kind of controlled precursor; or
(f) importing or exporting more than one kind of border controlled drug or
border controlled plant; or
(g) possessing more than one kind of unlawfully imported border controlled
drug or border controlled plant; or
(h) possessing more than one kind of border controlled drug or border
controlled plant reasonably suspected of having been unlawfully
imported; or
(i) importing or exporting more than one kind of border controlled
precursor; or
(j) supplying more than one kind of controlled drug to a child for
trafficking; or
(k) procuring a child to traffic in more than one kind of controlled drug;
or
(l) procuring a child to pre-traffic in more than one kind of controlled
precursor; or
(m) procuring a child to import or export more than one kind of border
controlled drug or border controlled plant; or
(n) procuring a child to import or export more than one kind of border
controlled precursor.
(a) the quantity of the drugs or plants is a trafficable quantity if the sum
of the requisite fractions of the trafficable quantity of each of those drugs
or plants is equal to or greater than one;
(b) the quantity of drugs, plants or precursors is a marketable quantity
if the sum of the requisite fractions of the marketable quantity of
each of those drugs, plants or precursors is equal to or greater than
one;
(c) the quantity of drugs, plants or precursors is a commercial quantity
if the sum of the requisite fractions of the commercial quantity of
each of those drugs, plants or precursors is equal to or greater than
one.
(a) in relation to a trafficable quantity of a controlled drug or controlled
plant, the actual quantity of the drug or plant divided by the smallest
trafficable quantity of the drug or plant; or
(b) in relation to a marketable quantity of a controlled drug, controlled
plant, controlled precursor, border controlled drug, border controlled
plant or border controlled precursor, the actual quantity of the drug,
plant or precursor divided by the smallest marketable quantity of the
drug, plant or precursor; or
(c) in relation to a commercial quantity of a controlled drug, controlled
plant, controlled precursor, border controlled drug, border controlled
plant or border controlled precursor, the actual quantity of the drug,
plant or precursor divided by the smallest commercial quantity of the
drug, plant or precursor.
(a) on the basis of the quantity of the controlled drug in pure form; or
(b) if such a quantity is specified in Division 314 for the
controlled drug in a mixture—on the basis of the quantity of the
mixture.
(a) on the basis of the quantity of the border controlled drug in pure form;
or
(b) if such a quantity is specified in Division 314 for the border
controlled drug in a mixture—on the basis of the quantity of the
mixture.
(a) a person engages in the conduct in a State or Territory; and
(b) the conduct is justified or excused by or under a law of that State or
Territory.
Note 2: A person is not criminally responsible for an offence against this Part if the person's conduct is justified or excused by or under another Commonwealth law (see section 10.5). In 2005, Commonwealth laws that authorised importation, possession or use of controlled drugs, controlled plants, controlled precursors, border controlled drugs, border controlled plants or border controlled precursors included the Customs Act 1901 , the Narcotic Drugs Act 1967 and the Crimes Act 1914 .
(a) at the time of the conduct constituting the offence, the person was under
a mistaken but reasonable belief that the conduct was justified or excused by
or under a law of the Commonwealth or of a State or Territory; and
(b) had the conduct been so justified or excused—the conduct would
not have constituted the offence.
(a) in a prosecution for an offence against this Part, the trier of fact:
(i) is not satisfied that the defendant is guilty of the alleged offence;
but
(ii) is satisfied, beyond reasonable doubt, that the defendant is guilty of
another offence against this Part; and
(b) the maximum penalty for the other offence is not greater than the
maximum penalty for the alleged offence;
the trier of fact may find the defendant not guilty of the alleged offence but guilty of the other offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
(a) an offence against this Part (other than Division 307) is prosecuted;
and
(b) the offence involves a commercial quantity or a marketable quantity of
a controlled drug, controlled plant, controlled precursor, border
controlled drug, border controlled plant or border controlled
precursor; and
(c) the trier of fact would, apart from this section, have found the
defendant guilty of the offence.
(a) the defendant proves that, at the time of the alleged offence, he or she
was under a mistaken belief about the quantity of the drug, plant or
precursor; and
(b) if the mistaken belief had been correct, the defendant would have been
guilty of another offence against this Part; and
(c) the maximum penalty for the other offence is less than the maximum
penalty for the alleged offence;
the trier of fact may find the defendant:
(d) not guilty of the alleged offence; but
(e) guilty of the other offence.
(a) an offence against this Part (other than Division 307) is prosecuted;
and
(b) the offence involves a controlled drug, controlled plant, controlled
precursor, border controlled drug, border controlled plant or border
controlled precursor; and
(c) the trier of fact would, apart from this section, have found the
defendant guilty of the offence.
(a) the defendant proves that, at the time of the alleged offence, he or she
was under a mistaken belief about the identity of the drug, plant or
precursor; and
(b) if the mistaken belief had been correct, the defendant would have been
guilty of another offence against this Part; and
(c) the maximum penalty for the other offence is less than the maximum
penalty for the alleged offence;
the trier of fact may find the defendant:
(d) not guilty of the alleged offence; but
(e) guilty of the other offence.
Controlled drugs and quantities | ||||
|---|---|---|---|---|
Controlled drug | Trafficable quantity
| Marketable quantity | Commercial quantity | |
1 |
Amphetamine | 2.0 | 250.0 | 0.75 |
2 | Cannabis (in any form, including flowering or fruiting tops, leaves, seeds or stalks, but not including Cannabis resin or Cannabis fibre) | 250.0 | 25,000.0 | 125.0 |
3 | Cannabis resin | 20.0 | 25,000.0 | 125.0 |
4 | Cocaine | 2.0 | 250.0 | 2.0 |
5 |
Gammabutyrolactone (GBL) | 0.5 | 250.0 | 1.0 |
6 | 4-Hydroxybutanoic acid (GHB) | 0.5 | 250.0 | 1.0 |
7 | Heroin (diacetylmorphine) | 2.0 | 250.0 | 1.5 |
8 | Lysergide (LSD) | 0.002 | 0.05 | 0.002 |
9 | Methamphetamine | 2.0 | 250.0 | 0.75 |
10 | 3,4-Methylenedioxyamphetamine (MDA) | 0.5 | 100.0 | 0.75 |
11 |
3,4-Methylenedioxymethamphetamine (MDMA) | 0.5 | 100.0 | 0.5 |
12 | Opium |
20.0 | 10,000.0 | 20.0 |
13 | Psilocine | 2.0 | 1,000.0 | 2.0 |
14 |
Psilocybine | 2.0 | 1,000.0 | 2.0 |
15 | Tetrahydrocannabinol (THC) | 2.0 |
1,000.0 | 5.0 |
(a) a
stereoisomer; or
(b) a structural isomer having the same constituent groups; or
(c) an alkaloid; or
(d) a structural modification obtained by the addition of one or more of
the following groups:
(i) alkoxy, cyclic diether, acyl, acyloxy, mono-amino or dialkylamino
groups with up to 6 carbon atoms in any alkyl residue;
(ii) alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the
group, where the group is attached to oxygen (for example, an ester or
an ether group), nitrogen, sulphur or carbon;
(iii) halogen, hydroxy, nitro or amino groups; or
(e) a structural modification obtained in one or more of the following
ways:
(i) by the replacement of up to 2 carbocyclic or heterocyclic ring
structures with different carbocyclic or heterocyclic ring structures;
(ii) by the addition of hydrogen atoms to one or more unsaturated bonds;
(iii) by the replacement of one or more of the groups specified in
paragraph (d) with another such group or groups;
(iv) by the conversion of a carboxyl or an ester group into an amide group;
or
(f) otherwise a homologue, analogue, chemical derivative or substance
substantially similar in chemical structure;
however obtained, except where the drug analogue is separately listed in subsection (1).
(a) unless paragraph (b) applies—the trafficable quantity set out in
the table in subsection (1) for the controlled drug to the which the drug
analogue relates (whether directly or indirectly); or
(b) if the drug analogue relates to more than one controlled drug listed
in the table in subsection (1)—the smallest trafficable
quantity set out in the table in subsection (1) for any of those
controlled drugs.
(a) unless paragraph (b) applies—the marketable quantity set out in
the table in subsection (1) for the controlled drug to which the drug
analogue relates (whether directly or indirectly); or
(b) if the drug analogue relates to more than one controlled drug listed
in the table in subsection (1)—the smallest marketable
quantity set out in the table in subsection (1) for any of those
controlled drugs.
(a) unless paragraph (b) applies—the commercial quantity set out in
the table in subsection (1) for the controlled drug to which the drug
analogue relates (whether directly or indirectly); or
(b) if the drug analogue relates to more than one controlled drug listed
in the table in subsection (1)—the smallest commercial
quantity set out in the table in subsection (1) for any of those
controlled drugs.
Controlled plants and quantities | ||||
|---|---|---|---|---|
Controlled plant | Trafficable quantity |
Marketable quantity | Commercial quantity | |
1 | Any plant of the genus Cannabis | 250 g or | 25 kg or | 250 kg or |
Controlled precursors and quantities | |||
|---|---|---|---|
Controlled precursor | Marketable
quantity | Commercial quantity | |
1 | Ephedrine | 400.0 |
1.2 |
2 | Ergometrine | 0.15 | 0.006 |
3 | Ergotamine | 0.25 | 0.01 |
4 |
Isosafrole | 290.0 | 1.45 |
5 | Lysergic acid | 0.075 | 0.003 |
6 |
3,4-Methylenedioxyphenylacetic acid | 300.0 | 1.5 |
7 |
3,4-Methylenedioxyphenyl-2-propanone | 150.0 | 0.75 |
8 | Phenylacetic acid |
1,350.0 | 4.05 |
9 | Phenyl-2-propanone | 675.0 | 2.03 |
10 | Piperonal |
320.0 | 1.6 |
11 | Pseudoephedrine | 400.0 | 1.2 |
12 | Safrole | 570.0 | 2.85 |
Border controlled drugs and quantities | |||
|---|---|---|---|
Border controlled drugs | Marketable
quantity | Commercial quantity | |
1 | Acetorphine | 2.0 |
2.0 |
2 | Acetyl-alpha-methylfentanyl | 0.005 | 0.005 |
3 | Acetylcodeine |
2.0 | 2.0 |
4 | Acetyldihydrocodeine | 2.0 | 2.0 |
5 | Acetylmethadol | 2.0 |
2.0 |
6 | Allylprodine | 2.0 | 2.0 |
7 | Alphacetylmethadol | 10.0 | 10.0 |
8 | Alphameprodine | 0.2 | 0.2 |
9 | Alphamethadol | 0.2 | 0.2 |
10 |
alpha-Methylfentanyl | 0.005 | 0.005 |
11 | alpha-Methylthiofentanyl | 0.005 |
0.005 |
12 | Alphaprodine | 25.0 | 25.0 |
13 | Amphecloral | 2.0 | 2.0 |
14 |
3-(2-Aminopropyl)indole (alpha-methyltryptamine (AMT)) | 2.0 | 2.0 |
15 |
Amphetamine | 2.0 | 0.75 |
16 | Anileridine | 25.0 | 25.0 |
17 | Barbiturates | 50.0 | 5.0 |
18 | Benzethidine | 10.0 | 10.0 |
19 | Benzoylecgonine | 2.0 |
2.0 |
20 | Benzylmorphine | 5.0 | 5.0 |
21 | Betacetylmethadol | 5.0 | 5.0 |
22 | beta-Hydroxyfentanyl | 0.005 | 0.005 |
23 | beta-Hydroxy-3-methylfentanyl | 0.005 | 0.005 |
24 | Betameprodine | 5.0 | 5.0 |
25 | Betamethadol | 5.0 | 5.0 |
26 | Betaprodine | 5.0 | 5.0 |
27 | Bezitramide | 5.0 | 5.0 |
28 |
4-Bromo-2,5-dimethoxyamphetamine | 0.5 | 0.5 |
29 | Bufotenine | 2.0 | 2.0 |
30 | Cannabinoids (other than a Cannabinoid of a kind that can be obtained from a plant that is not a Cannabis plant) | 2.0 | 2.0 |
31 | Cannabis (in any form, including flowering or fruiting tops, leaves, seeds or stalks, but not including Cannabis resin or Cannabis fibre) | 25,000.0 | 100.0 |
32 | Cannabis resin | 20.0 | 50.0 |
33 | Chlorphentermine | 2.0 | 2.0 |
34 | Clonitazene |
5.0 | 5.0 |
35 | Cocaine | 2.0 | 2.0 |
36 | Codeine | 10.0 | 10.0 |
37 |
Codeine-N-oxide | 10.0 | 10.0 |
38 | Codoxime | 10.0 | 10.0 |
39 |
Desomorphine | 2.0 | 2.0 |
40 | Dexamphetamine | 2.0 | 2.0 |
41 |
Dextromoramide | 2.0 | 2.0 |
42 | 2,5-Dimethoxy-4-n-propylthiophenethylamine (2C-T-7) | 0.5 | 0.5 |
43 | 2,5-Dimethoxy-4-ethylthiophenethylamine (2C-T-2) |
0.5 | 0.5 |
44 | 2,5-Dimethoxy-4-iodophenethylamine (2C-I) | 0.5 | 0.5 |
45 |
Diampromide | 5.0 | 5.0 |
46 | Diethylpropion | 5.0 | 5.0 |
47 |
Diethylthiambutene | 5.0 | 5.0 |
48 | N,N-Diethyltryptamine | 2.0 | 2.0 |
49 |
Difenoxin | 2.0 | 2.0 |
50 | Dihydrocodeine | 10.0 | 10.0 |
51 |
Dihydromorphine | 10.0 | 10.0 |
52 | Dimenoxadol | 10.0 | 10.0 |
53 |
Dimepheptanol | 10.0 | 10.0 |
54 | 2,5-Dimethoxy-4-methylamphetamine | 2.0 |
0.75 |
55 | 1-Dimethylamino-1,2-diphenylethane | 5.0 | 5.0 |
56 |
Dimethylthiambutene | 20.0 | 20.0 |
57 | N,N-Dimethyltryptamine | 2.0 | 2.0 |
58 | Dioxaphetyl butyrate | 2.0 | 2.0 |
59 | Diphenoxylate | 2.0 | 2.0 |
60 |
Dipipanone | 10.0 | 10.0 |
61 | Drotebanol | 2.0 | 2.0 |
62 | Ecgonine | 10.0 | 10.0 |
63 | Ethchlorvynol | 50.0 | 50.0 |
64 | Ethinamate | 50.0 | 50.0 |
65 |
Ethylmethylthiambutene | 10.0 | 10.0 |
66 | Ethylmorphine | 2.0 | 2.0 |
67 |
Etonitazene | 5.0 | 5.0 |
68 | Etorphine | 5.0 | 5.0 |
69 | Etoxeridine | 5.0 | 5.0 |
70 | Fentanyl | 0.005 | 0.005 |
71 | Furethidine | 1.0 | 1.0 |
72 |
Gammabutyrolactone (GBL) | 2.0 | 1.0 |
73 | Glutethimide | 50.0 | 50.0 |
74 |
Harmaline | 2.0 | 5.0 |
75 | Harmine | 2.0 | 5.0 |
76 | Heroin (diacetylmorphine) | 2.0 | 1.5 |
77 | Hydrocodone | 2.0 | 2.0 |
78 |
Hydromorphinol | 2.0 | 2.0 |
79 | Hydromorphone | 2.0 | 2.0 |
80 |
Hydroxyamphetamine | 2.0 | 2.0 |
81 | 4-Hydroxybutanoic acid (GHB) | 2.0 | 1.0 |
82 | Hydroxypethidine | 5.0 | 5.0 |
83 | Isomethadone | 2.0 | 2.0 |
84 |
Ketobemidone | 2.0 | 2.0 |
85 | Levophenacylmorphan | 2.0 | 2.0 |
86 |
Levomethorphan, but not including dextromethorphan | 2.0 | 2.0 |
87 |
Levorphanol, but not including dextrorphan | 1.0 | 1.0 |
88 | Lysergamide |
0.1 | 0.01 |
89 | Lysergide (LSD) | 0.002 | 0.002 |
90 | Meprobamate | 50.0 |
50.0 |
91 | Mescaline | 7.5 | 7.5 |
92 | Metazocine | 7.0 | 7.0 |
93 |
Methadone | 2.0 | 2.0 |
94 | Methaqualone | 50.0 | 5.0 |
95 | Methcathinone | ||
96 | Methorphan, but not including dextromethorphan | 2.0 | 2.0 |
97 |
5-Methoxy-alpha-methyltryptamine (5-MeO-AMT) | 2.0 | 2.0 |
98 |
5-Methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT) | 2.0 | 2.0 |
99 |
Methamphetamine | 2.0 | 0.75 |
100 | 3,4-Methylenedioxyamphetamine (MDA) | 0.5 | 0.75 |
101 | 3,4-Methylenedioxymethamphetamine (MDMA) | 0.5 | 0.5 |
102 |
Methyldesorphine | 2.0 | 2.0 |
103 | Methyldihydromorphine | 2.0 | 2.0 |
104 |
3-Methylfentanyl | 0.005 | 0.005 |
105 | Methylphenidate | 2.0 | 2.0 |
106 |
1-Methyl-4-phenyl-4-propionoxypiperidine (MPPP) | 2.0 | 2.0 |
107 |
3-Methylthiofentanyl | 0.005 | 0.005 |
108 | Methyprylon | 50.0 | 50.0 |
109 |
Metopon | 2.0 | 2.0 |
110 | Monoacetylmorphines | 2.0 | 2.0 |
111 | Moramide |
2.0 | 2.0 |
112 | Morphan, but not including dextrorphan | 2.0 | 2.0 |
113 |
Morpheridine | 2.0 | 2.0 |
114 | Morphine | 2.0 | 1.5 |
115 | Morphine-N-oxide | 2.0 | 2.0 |
116 | Myrophine | 20.0 | 20.0 |
117 | Nicocodine | 2.0 | 2.0 |
118 | Nicodicodine | 2.0 | 2.0 |
119 | Nicomorphine | 2.0 | 2.0 |
120 |
Noracymethadol | 2.0 | 2.0 |
121 | Norcodeine | 2.0 | 2.0 |
122 |
Norlevorphanol | 2.0 | 2.0 |
123 | Normethadone | 5.0 | 5.0 |
124 |
Normorphine | 20.0 | 20.0 |
125 | Norpipanone | 10.0 | 10.0 |
126 | Opium |
20.0 | 20.0 |
127 | Oxycodone | 5.0 | 5.0 |
128 | Oxymorphone | 2.0 | 2.0 |
129 | para-Fluorofentanyl | 0.005 | 0.005 |
130 | Pentazocine | 20.0 | 20.0 |
131 | Pethidine | 10.0 | 10.0 |
132 | Phenadoxone | 10.0 | 10.0 |
133 |
Phenampromide | 10.0 | 10.0 |
134 | Phenazocine | 1.0 | 1.0 |
135 |
Phencyclidine | 2.0 | 2.0 |
136 | Phendimetrazine | 5.0 | 5.0 |
137 |
Phenmetrazine | 5.0 | 5.0 |
138 | Phenomorphan | 5.0 | 5.0 |
139 |
Phenoperidine | 1.0 | 1.0 |
140 | Phentermine | 5.0 | 5.0 |
141 |
1-Phenylethyl-4-phenyl-4-acetoxypiperidine (PEPAP) | 2.0 | 2.0 |
142 |
Pholcodine | 5.0 | 5.0 |
143 | Piminodine | 10.0 | 10.0 |
144 | Pipradrol |
1.0 | 1.0 |
145 | Piritramide | 1.0 | 1.0 |
146 | Proheptazine | 1.0 | 1.0 |
147 | Properidine | 25.0 | 25.0 |
148 | Propiram | 10.0 | 10.0 |
149 |
Psilocine | 0.1 | 0.1 |
150 | Psilocybine | 0.1 | 0.1 |
151 |
Tetrahydrocannabinols | 2.0 | 5.0 |
152 | Thebacon | 2.0 | 2.0 |
153 |
Thebaine | 2.0 | 2.0 |
154 | Thiofentanyl | 0.005 | 0.005 |
155 |
Trimeperidine | 10.0 | 10.0 |
(a) a stereoisomer; or
(b) a structural isomer having the same constituent groups; or
(c) an alkaloid; or
(d) a structural modification obtained by the addition of one or more of
the following groups:
(i) alkoxy, cyclic diether, acyl, acyloxy, mono-amino or dialkylamino
groups with up to 6 carbon atoms in any alkyl residue;
(ii) alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the
group, where the group is attached to oxygen (for example, an ester or
an ether group), nitrogen, sulphur or carbon;
(iii) halogen, hydroxy, nitro or amino groups; or
(e) a structural modification obtained in one or more of the following
ways:
(i) by the replacement of up to 2 carbocyclic or heterocyclic ring
structures with different carbocyclic or heterocyclic ring structures;
(ii) by the addition of hydrogen atoms to one or more unsaturated bonds;
(iii) by the replacement of one or more of the groups specified in
paragraph (d) with another such group or groups;
(iv) by the conversion of a carboxyl or an ester group into an amide group;
or
(f) otherwise a homologue, analogue, chemical derivative or substance
substantially similar in chemical structure;
however obtained, except where the drug analogue is separately listed in subsection (1).
(a) unless paragraph (b) applies—the marketable quantity specified
in the table in subsection (1) for the border controlled drug to which
the drug analogue relates (whether directly or indirectly); or
(b) if the drug analogue relates to more than one border controlled drug
listed in the table in subsection (1)—the smallest
marketable quantity specified in the table in subsection (1) for
any of those border controlled drugs.
(a) unless paragraph (b) applies—the commercial quantity specified
in the table in subsection (1) for the border controlled drug to which
the drug analogue relates (whether directly or indirectly); or
(b) if the drug analogue relates to more than one border controlled drug
listed in the table in subsection (1)—the smallest
commercial quantity specified in the table in subsection (1) for
any of those border controlled drugs.
Border controlled plants and quantities | |||
|---|---|---|---|
Border controlled plants |
Marketable quantity | Commercial quantity | |
1 | Any plant of the genus Cannabis | 25 kg or | 250 kg or |
2 | Any plant of the genus Erythroxylon (also known as Erythroxylum) from which cocaine can be extracted either directly or by chemical transformation | 80 kg | |
3 | Any plant of the genus Lophophora | ||
4 | Any plant of the species Papaver bracteatum | 10 kg | |
5 | Any plant of the species Papaver somniferum | 10 kg | |
6 | Any plant of the species Piptagenia peregrine | ||
7 | Any plant of the species Psilocybe |
Border controlled precursors and quantities | |||
|---|---|---|---|
Border controlled precursors |
Marketable quantity | Commercial quantity | |
1 |
N-Acetylanthranilic acid | ||
2 | Any plant of the species Ephedra | ||
3 |
Ephedrine | 3.2 | 1.2 |
4 | Ergometrine | 0.006 | 0.006 |
5 | Ergotamine |
0.01 | 0.01 |
6 | Isosafrole | 1.45 | 1.45 |
7 | Lysergic acid | 0.003 | 0.003 |
8 | 3,4-Methylenedioxyphenyl-2-propanone | 0.75 | 0.75 |
9 | Phenylacetic acid | 10.8 | 4.05 |
10 | Phenylpropanolamine | ||
11 | Phenyl-2-propanone | 5.4 |
2.03 |
12 | Piperonal | 1.6 | 1.6 |
13 | Pseudoephedrine | 3.2 | 1.2 |
14 |
Safrole | 2.85 | 2.85 |
Insert:
(a) a controlled drug or border controlled drug within the meaning of
Part 9.1 of the Criminal Code ; or
(b) a controlled plant or border controlled plant within the meaning of
Part 9.1 of the Criminal Code ; or
(c) a controlled precursor or border controlled precursor within the
meaning of Part 9.1 of the Criminal Code .
Omit "illegal drug dealings", substitute "controlled substances".
Omit "narcotics", substitute "drug".
Repeal the definition.
Repeal the definition.
Repeal the definition.
Insert:
(a) involving, or relating to, controlled substances; and
(b) punishable by a maximum penalty of imprisonment for 2 years or more.
Repeal the definition.
Repeal the definition.
Omit "narcotics", substitute "drug".
Insert:
Repeal the definition.
Repeal the definition.
Repeal the definition.
Repeal the definition.
Repeal the definition.
Repeal the definition.
Repeal the definition.
Insert:
Insert:
Repeal the definition, substitute:
Repeal the definition, substitute:
Repeal the definition.
Repeal the subsection.
Insert:
(a) imported into Australia in breach of a prohibition under section 50;
or
(b) exported from Australia in breach of a prohibition under
section 112;
the goods are imported or exported, as the case may be, in contravention of this Act.
Insert:
(ba) Division 307 of the Criminal Code ; or
Add:
Penalty: Imprisonment for 2 years or 20 penalty units, or both.
Repeal the subsection.
Add:
Add:
Penalty: Imprisonment for 2 years or 20 penalty units, or both.
Repeal the subsection.
Add:
Add:
; or (c) an offence against Division 307 of the Criminal Code .
Insert:
Omit all the words after "purposes of", substitute:
this Part:
(a) an
offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code
that relates to this Act is taken to be an offence against this Act; and
(b) an offence against section 141.1, 142.1, 142.2 or 149.1 of the
Criminal Code that relates to Division 307 of the Criminal Code
is taken to be an offence against that Division.
Omit all the words after "make the request", substitute:
if:
(a) the
master's ship is a foreign ship; and
(b) the master's ship is on the landward side of the outer edge of
Australia's territorial sea; and
(c) either:
(i) the commander makes the request for the purposes of this Act or an Act
prescribed by the regulations consistently with UNCLOS, or for the
purposes of determining whether a contravention, or an attempted
contravention, in Australia of Division 307 of the Criminal Code
is occurring; or
(ii) the commander reasonably suspects that the master's ship is, will be
or has been involved in a contravention, or an attempted
contravention, in Australia of Division 307 of the Criminal Code
.
After "this Act", insert ", Division 307 of the Criminal Code ".
After "this Act", insert ", Division 307 of the Criminal Code ".
Add "or Division 307 of the Criminal Code ".
After "this Act", insert "or Division 307 of the Criminal Code ".
After "this Act", insert ", Division 307 of the Criminal Code ".
After "this Act", insert ", Division 307 of the Criminal Code ".
After "this Act", insert "or Division 307 of the Criminal Code ".
After "this Act", insert ", Division 307 of the Criminal Code ".
After "this Act", insert ", Division 307 of the Criminal Code ".
Add "or Division 307 of the Criminal Code ".
After "this Act", insert ", Division 307 of the Criminal Code ".
After "this Act", insert ", Division 307 of the Criminal Code ".
After "this Act", insert ", Division 307 of the Criminal Code ".
Omit ", or attempting to commit, or of being concerned in the commission of, any", substitute "an".
Omit "against section 233B or".
Add:
; or (c) committing an offence against Division 307 of the Criminal
Code ; or
(d) committing an offence against section 308.2 of the Criminal Code
where the substance involved in the offence is reasonably suspected
of:
(i) having been imported into Australia in contravention of this Act; or
(ii) being intended for export from Australia in contravention of this Act.
Add:
(a) investigating the offence; or
(b) proceedings for the prosecution for the offence.
Add:
Omit all the words after "punishable", substitute "upon conviction by imprisonment for a period not exceeding 2 years.".
Repeal the subsection, substitute:
Omit "to which paragraph (1)(d) applies".
Add:
Add:
Note: The heading to section 233A is altered by omitting "—goods that are not narcotic goods".
Repeal the sections.
Add "or Part 9.1 of the Criminal Code ".
Omit "section 233B or 233BAA", substitute "section 233BAA or Part 9.1 of the Criminal Code ".
Repeal the section.
Add:
Repeal the Schedule.
Insert:
(ia) unlawful conduct constituted by or relating to a breach of Part 9.1 of the Criminal Code (serious drug offences); or
Repeal the subparagraph.
After " 1990 ", insert " or an offence against Part 9.1 of the Criminal Code (other than section 308.1 or 308.2)".
Repeal the paragraph, substitute:
(c) an offence against Division 307 of the Criminal Code ; or
Repeal the definition.
Repeal the definition, substitute:
(a) a substance that is a narcotic drug or psychotropic substance for the
purposes of the Crimes (Traffic in Narcotic Drugs and Psychotropic
Substances) Act 1990 ; or
(b) a controlled drug or border controlled drug within the meaning of
Part 9.1 of the Criminal Code ; or
(c) a controlled plant or border controlled plant within the meaning of
Part 9.1 of the Criminal Code ; or
(d) a controlled precursor or border controlled precursor within the
meaning of Part 9.1 of the Criminal Code .
Insert:
Serious drug offences
Omit "a narcotics offence; and", substitute:
an offence against:
(i) subsection 50(7) or subsection 112(2BC) of the Customs Act 1901 ; or
(ii) Division 307 of the Criminal Code ; and
(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.
(1) The regulations may make provision for matters of a transitional nature
(including any saving or application provisions) arising from the amendments
or repeals made by this Schedule.
(2) The Governor-General may make
regulations for the purposes of subitem (1).