Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p1
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/42)
Character Range: 6089–9018

1  Before Part 9.4 of Chapter 9 of the Criminal Code
Insert:

Part 9.1—Serious drug offences

Division 300—Preliminary

300.1  Purpose

 (1) The purpose of this Part is to create offences relating to drug trafficking and to give effect to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988.

Note: The text of the Convention is set out in Australian Treaty Series 1993 No. 4. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department's world‑wide web site.

 (2) Subsection (1) does not limit the legislative powers of the Parliament in relation to this Part.

300.2  Definitions

  In this Part:

aggravated offence has the meaning given by section 310.4.

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).

border controlled plant means a growing plant:
 (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).

border controlled precursor means a substance (including a growing plant):
 (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).

child means an individual who is under 18 years of age.

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.

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 means a substance, other than a growing plant:
 (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).

controlled plant means a growing plant:
 (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).

controlled precursor means a substance (including a growing plant):
 (a) listed or described as a