Document ID: chunk:federal_register_of_legislation:C2025C00060:section:10:p17
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 10 (pt 17/23)
Character Range: 1167970–1170706

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.

300.3  Geographical jurisdiction
  Section 15.2 (extended geographical jurisdiction—category B) applies to each offence against this Part.

300.4  Concurrent operation intended
 (1) This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
 (2) Without limiting subsection (1), this Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:
 (a) an act or omission that is an offence against a provision of this Part; or
 (b) a similar act or omission;
an offence against the law of the State or Territory.
 (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following:
 (a) provides for a penalty for the offence that differs from the penalty provided for in this Part;
 (b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Part;
 (c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.

300.5  Particular identity of drugs, plants and precursors
  If, in a prosecution for an offence against this Part, it is necessary for the prosecution to prove that a person knew, or was reckless as to whether, a substance or plant was a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor, it is not necessary for the prosecution to prove that the person knew, or was reckless as to, the particular identity of the controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor.
Note: This section applies to a prosecution of an ancillary offence relating to this Part as well as to prosecution of a primary offence against this Part. This is because of:
(a) sections 11.2, 11.2A