Part 1—Preliminary
1 Name of Regulations
These Regulations are the Criminal Code Regulations 2002.
3 Definitions
In these Regulations:
AFP member has the same meaning as in Part 5.3 of the Code.
authorised person means a person authorised in writing by the Health Secretary to be an authorised person for the purposes of regulation 5 of the Customs (Prohibited Imports) Regulations 1956.
chief executive officer of a legal aid commission of a State or Territory means the person holding, or performing the duties of, the following position:
(a) for New South Wales, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;
(b) for Victoria—managing director of the board of directors of Victoria Legal Aid under the Legal Aid Act 1978 (Vic);
(c) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);
(d) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);
(e) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);
(f) for the Northern Territory—Director of Legal Aid under the Legal Aid Act (NT).
Code means the Criminal Code.
control order has the same meaning as in Part 5.3 of the Code.
Health Department means the Department administered by the Health Minister.
Health Minister means the Minister administering the Therapeutic Goods Act 1989.
Health Secretary means the Secretary to the Health Department.
issuing court has the same meaning as in Part 5.3 of the Code.
lawyer has the same meaning as in Part 5.3 of the Code.
legal aid commission means an authority established by or under a law of a State or Territory for the purpose of providing legal assistance.
mental impairment has a meaning affected by subsections 7.3(8) and (9) of the Code.
parent has a meaning affected by the Dictionary at the end of the Code.
Part 2—Security of the Commonwealth
Division 1—Control orders
3A Legal representation for young people
For the purposes of subsection 104.28(6) of the Code, this Division provides in relation to the appointing of a lawyer for a person who is at least 14 but under 18 (the young person) to act for the young person in relation to proceedings relating to a control order.
3B Court may request legal aid commission to arrange representation
An issuing court may request a legal aid commission (the relevant legal aid commission) to arrange the legal representation of the young person.
3C AFP to inform relevant persons of request and contact details
(1) This regulation applies if the issuing court decides to make a request under regulation 3B.
Informing the legal aid commission
(2) An AFP member, or a legal representative of the Australian Federal Police, must:
(a) in writing, inform the chief executive officer of the relevant legal aid commission of the request; and
(b) give the relevant legal aid commission the following information (if any) that the AFP member or legal representative has:
(i) the young person’s name;
(ii) the young person’s residential address;
(iii) the young person’s contact details, including a telephone number and an email address;
(iv) the young person’s date of birth;
(v) the name, residential address and contact details of at least one parent or guardian of the young person;
(vi) if the young person requires assistance with communication—information about the assistance required.
Note: For subparagraph (b)(vi), a person may need assistance with communication because, for example, the young person is deaf or hearing impaired, is unable to read, has a mental impairment, or requires an interpreter.
Informing the young person
(3) An AFP member must:
(a) inform the young person of the request; and
(b) give the young person sufficient information about the relevant legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information (if any) that the AFP member has:
(i) the name of the legal aid commission;
(ii) the legal aid commission’s business address (not being a post box);
(iii) the legal aid commission’s contact details, including a telephone number and an email address;
(iv) any other information about the legal aid commission provided by the issuing court; and
(c) ensure that the young person understands the information provided to them under paragraphs (a) and (b) (taking into account the person’s age, language skills, mental capacity and any other relevant factor).
(4) Subregulation (3) does not apply if the actions of the young person make it impracticable for the AFP member to comply with that subregulation.
Informing a parent or guardian of the young person
(5) An AFP member must take reasonable steps to:
(a) inform at least one parent or guardian of the young person of the request; and
(b) give the parent or guardian the relevant legal aid commission’s contact details (including the details mentioned in paragraph (3)(b)).
(6) The AFP member or legal representative complying with subregulation (2), (3) or (5) must do so as soon as practicable after the issuing court decides to make the request and at least 48 hours before the next day when the court will conduct proceedings relating to the control order.
Division 2—Preventative detention orders
4 Preventative detention orders—corresponding State preventative detention law
(1) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, a law of a State or Territory that is set out in Part 1 of Schedule 1 is declared to correspond to Division 105 of the Code.
(2) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, particular provisions of a law of a State or Territory that are set out in Part 2 of Schedule 1 are declared to correspond to Division 105 of the Code.
4A Continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control
For the purposes of paragraph 105A.15A(3)(a) of the Code, the following matters are prescribed as matters that a Supreme Court of a State or Territory may take into account in determining whether circumstances are beyond an offender’s control in relation to a continuing detention order proceeding:
(a) an offender’s financial circumstances;
(b) whether an offender has engaged in unreasonable conduct during the proceeding that has contributed to the offender’s inability to afford any or all of the costs and expenses of obtaining legal representation for the proceeding;
(c) both of the following:
(i) whether an offender has made any efforts to obtain legal aid or legal assistance;
(ii) the outcomes of any such efforts;
(d) any other matter that the Court considers relevant.
4B Continuing detention orders—sharing information
The following persons are prescribed for the purposes of subsections 105A.19(1) and (3) of the Code:
(a) a senior executive AFP employee or an AFP employee who is acting as, or performing the duties of, a senior executive AFP employee (all within the meaning of the Australian Federal Police Act 1979);
(b) a member of the police force or police service of a State or Territory;
(c) an officer or employee of a State or Territory, or of an authority of a State or Territory, whose duties relate to corrective services (including prison medical, psychological and psychiatric services), justice or parole;
(d) a person who provides services for, or on behalf of:
(i) a State or Territory; or
(ii) an authority of a State or Territory;
in relation to corrective services (including prison medical, psychological and psychiatric services), justice or parole;
(e) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;
(f) a member of the staff of the Office of the Director of Public Prosecutions (within the meaning of the Director of Public Prosecutions Act 1983) or of a similar body established under a law of a State or Territory;
(g) the Director‑General of the Australian Security Intelligence Organisation, a Deputy Director‑General of the Australian Security Intelligence Organisation, an ASIO employee or an ASIO affiliate (all within the meaning of the Australian Security Intelligence Organisation Act 1979);
(h) an employee of a Department administered by the Minister responsible for administering:
(i) the Migration Act 1958; or
(ii) the Australian Citizenship Act 2007.
Part 3—Dangers to the community
Division 1—Cross‑border firearms trafficking
5 Cross‑border firearms trafficking
For the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the Acts, and any regulations made under those Acts, mentioned in Schedule 2 are prescribed.
Division 2—Serious drugs and precursors
5A Controlled drugs
(1) For paragraph 301.1(1)(a) of the Code, a drug listed in column 1 of an item in Schedule 3 is a controlled drug.
(2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 3 is the commercial quantity of the controlled drug listed in column 1 of that item.
(3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 3 is the marketable quantity of the controlled drug listed in column 1 of that item.
(4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity listed in column 4 of an item in Schedule 3 is the trafficable quantity of the controlled drug listed in column 1 of that item.
5B Controlled plants
(1) For paragraph 301.2(1)(a) of the Code, a growing plant listed in column 1 of an item in the following table is a controlled plant.
Controlled plants and quantities |
Item | Column 1 | Column 2 | Column 3 | Column 4 |
| Controlled plant | Commercial quantity | Marketable quantity | Trafficable quantity |
1 | Any plant of the genus Cannabis | 250 kg or
1,000 plants | 25 kg or
100 plants | 250 g or
10 plants |
(2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the controlled plant listed in column 1 of that item.
(3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the controlled plant listed in column 1 of that item.
(4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity listed in column 4 of an item in the table in subregulation (1) is the trafficable quantity of the controlled plant listed in column 1 of that item.
5C Controlled precursors
(1) For paragraph 301.3(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a controlled precursor.
Controlled precursors and quantities |
Item | Column 1 | Column 2 | Column 3 |
| Controlled precursor | Commercial quantity (kilograms) | Marketable quantity (grams) |
1 | Ephedrine | 1.2 | 400.0 |
2 | Ergometrine | 0.006 | 0.15 |
3 | Ergotamine | 0.01 | 0.25 |
4 | Isosafrole | 1.45 | 290.0 |
5 | Lysergic acid | 0.003 | 0.075 |
6 | 3,4‑Methylenedioxyphenylacetic acid | 1.5 | 300.0 |
7 | 3,4‑Methylenedioxyphenyl‑2‑propanone | 0.75 | 150.0 |
8 | Phenylacetic acid | 4.05 | 1,350.0 |
9 | Phenylpropanolamine | 1.2 | 400.0 |
10 | Phenyl‑2‑propanone | 2.03 | 675.0 |
11 | Piperonal | 1.6 | 320.0 |
12 | Pseudoephedrine | 1.2 | 400.0 |
13 | Safrole | 2.85 | 570.0 |
Note: A salt or ester of a precursor listed in column 1 of the table is also a controlled precursor: see paragraph 301.3(b) of the Code.
(2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the controlled precursor listed in column 1 of that item.
(3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the controlled precursor listed in column 1 of that item.
5D Border controlled drugs
(1) For paragraph 301.4(a) of the Code, a drug listed in column 1 of an item in Schedule 4 is a border controlled drug.
(2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 4 is the commercial quantity of the border controlled drug listed in column 1 of that item.
(3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 4 is the marketable quantity of the border controlled drug listed in column 1 of that item.
5E Border controlled plants
(1) For paragraph 301.5(a) of the Code, a growing plant listed in column 1 of an item in the following table is a border controlled plant.
Border controlled plants and quantities |
Item | Column 1 | Column 2 | Column 3 |
| Border controlled plant | Commercial quantity | Marketable quantity |
1 | Any plant of the genus Cannabis | 250 kg or 1,000 plants | 25 kg or 100 plants |
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 | | |
(2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the border controlled plant listed in column 1 of that item.
(3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the border controlled plant listed in column 1 of that item.
5F Border controlled precursors
(1) For paragraph 301.6(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a border controlled precursor.
Border controlled precursors and quantities |
Item | Column 1 | Column 2 | Column 3 |
| Border controlled precursor | Commercial quantity (kilograms) | Marketable quantity (grams) |
1 | N‑Acetylanthranilic acid | | |
2 | Any plant of the species Ephedra | | |
3 | Ephedrine | 1.2 | 3.2 |
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 | 4.05 | 10.8 |
10 | Phenylpropanolamine | 1.2 | 3.2 |
11 | Phenyl‑2‑propanone | 2.03 | 5.4 |
12 | Piperonal | 1.6 | 1.6 |
13 | Pseudoephedrine | 1.2 | 3.2 |
14 | Safrole | 2.85 | 2.85 |
Note: A salt or ester of a precursor listed in column 1 of the table and an immediate precursor of a precursor listed in column 1 of the table is a border controlled precursor: see paragraphs 301.6(1)(b) and (c) of the Code.
(2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the border controlled precursor listed in column 1 of that item.
(3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the border controlled precursor listed in column 1 of that item.
Division 3—Psychoactive substances
5G Importing psychoactive substances
(1) For paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.
(2) For the purpose of subregulation (1), the conditions are that:
(a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and
(b) the importer:
(i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or
(ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or
(iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or
(iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or
(v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or
(vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and
(c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:
(i) the identity and amount of the substance being imported; and
(ii) the purpose of the importation; and
(iii) a 30‑day period during which the importation is likely to occur; and
(iv) the importer’s name and import licence number; and
(v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and
(vi) any other information required by the Health Secretary.
(3) For the purpose of paragraph (2)(c), the Health Secretary may determine:
(a) information to be included in a notice; and
(b) the way a notice may be given to the Health Secretary or an authorised person.
(4) In this regulation:
drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.
5H Importing substances represented to be serious drug alternatives
(1) For paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.
(2) For the purpose of subregulation (1), the conditions are that:
(a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and
(b) the importer:
(i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or
(ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or
(iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or
(iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or
(v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or
(vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and
(c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:
(i) the identity and amount of the substance being imported; and
(ii) the purpose of the importation; and
(iii) a 30‑day period during which the importation is likely to occur; and
(iv) the importer’s name and import licence number; and
(v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and
(vi) any other information required by the Health Secretary.
(3) For the purpose of paragraph (2)(c), the Health Secretary may determine:
(a) information to be included in a notice; and
(b) the way a notice may be given to the Health Secretary or an authorised person.
(4) In this regulation:
drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.
Part 4—National infrastructure
6 Dangerous goods
For subparagraph 471.15(1)(b)(ii) of the Code, the following substances and things must not, without exception, be carried by post:
(a) gas that is so toxic or corrosive to humans as to pose a hazard to health;
(b) a thermally unstable substance that is likely to undergo a strongly exothermic decomposition;
(c) a substance that ignites or self‑heats when in contact with air.
Part 5—Application and transitional provisions
7 Application of the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017
(1) The amendments made by items 1 and 2 of Schedule 1 to the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017 apply in relation to the parts of a proceeding that occur after the commencement of that instrument if:
(a) the proceeding commenced before or after the commencement of that instrument; and
(b) the proceeding relates to a control order made on or after 30 November 2016; and
(c) the control order was, or is, requested (however described) on or after 30 November 2016.
(2) To avoid doubt, those amendments apply in accordance with subregulation (1) regardless of when the conduct to which that request relates occurred or occurs.
Note: The conduct may have occurred before or after 30 November 2016.
