Section 11.1(2) of the Criminal Code Act 1995 (Cth) does not create a separate physical element for the attempt offence; it is epexegetical of the conduct required under s 11.1(1). A trial judge is not required to direct the jury as if s 11.1(2) imposes an additional element, though the jury should be reminded of the 'more than merely preparatory' requirement during summing up. Conduct in implementation of an agreement to take possession of drugs — including travelling to the venue, moving to the transfer location, and standing ready to receive the drugs — is capable of being characterised as beyond mere preparation.
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