Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p8
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 8/42)
Character Range: 24578–27430

more than one determination under sections 301.6 to 301.9 in relation to a particular substance or plant.

 (4) If the Minister makes a determination under this Subdivision, the Minister must, on or before the day on which the determination is registered:
 (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.

 (5) An announcement made under subsection (4) is not a legislative instrument.

301.12  General rule—inconsistency with regulations

  Despite subsections 301.11(1) and (2), a determination made under this Subdivision has no effect to the extent that it is inconsistent with a regulation made under Subdivision A.

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; and
 (c) the quantity trafficked is a marketable quantity.

Penalty: Imprisonment for 25 years or 5,000 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).

302.4  Trafficking controlled drugs

 (1) A person commits an offence if:
 (a) the person traffics in a substance; and