Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p3
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 3/169)
Character Range: 1195074–1197868

all) under subsection (2).
 (2) If exceptional circumstances prevent the listing (by regulation) of the substance or quantity, to the same effect, the AFP Minister may, by legislative instrument, extend the period during which the determination is in force by a further period or periods.
 (3) The AFP Minister must not extend the period under subsection (2) with the effect that the determination would stay in force for longer than 18 months after the time the determination is registered (within the meaning of the Legislation Act 2003).
 (4) A determination made under this Subdivision has no effect to the extent that it is inconsistent with a regulation made for the purposes of Subdivision A.

301.17  Emergency determinations—publication
 (1) The AFP Minister must, on or before the day on which a determination under this Subdivision is registered (within the meaning of the Legislation Act 2003):
 (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.
 (2) An announcement made under subsection (1) is not a legislative instrument.

Division 302—Trafficking controlled drugs

302.1  Meaning of traffics
 (1) For the purposes of this Part, a person traffics in a substance if:
 (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.
 (2) For the purposes of paragraph (1)(b), preparing a substance for supply includes packaging the substance or separating the substance into discrete units.

302.2  Trafficking commercial quantities of controlled drugs
 (1) A person commits an offence if:
 (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.
 (2) The fault element for paragraph (1)(b) is recklessness.
 (3) Absolute liability applies to paragraph (1)(c).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).

302.3  Trafficking marketable quantities of controlled drugs
 (1) A person commits an offence if:
 (a) the person traffics in a substance; and
 (b) the substance is a controlled drug;