Definitions
300.2 Definitions
In this Part:
AFP Minister means the Minister administering the Australian Federal Police Act 1979.
aggravated offence has the meaning given by section 310.4.
border controlled drug:
means a substance that is a border controlled drug within the meaning of subsection 301.4(1); and
to avoid doubt, includes a substance that is, under subsection 301.4(2), (3) or 301.13(1A), taken, for the purposes of this Part, to be a border controlled drug only in relation to particular offences against this Part or particular elements of those offences.
border controlled plant:
means a growing plant that is a border controlled plant within the meaning of subsection 301.5(1); and
to avoid doubt, includes a growing plant that is, under subsection 301.5(2) or 301.13(1A), taken, for the purposes of this Part, to be a border controlled plant only in relation to particular offences against this Part or particular elements of those offences.
border controlled precursor:
means a substance that is a border controlled precursor within the meaning of subsection 301.6(1); and
to avoid doubt, includes a substance that is, under subsection 301.6(1A), (1B) or 301.14(1A), taken, for the purposes of this Part, to be a border controlled precursor only in relation to particular offences against this Part or particular elements of those offences.
child means an individual who is under 18 years of age.
commercial quantity of a serious drug, controlled precursor or border controlled precursor has the meaning given by section 301.10.
conceal a thing includes conceal or disguise:
the nature, source or location of the thing; or
any movement of the thing; or
the rights of any person with respect to the thing; or
the identity of any owner of the thing.
controlled drug has the meaning given by section 301.1.
controlled plant has the meaning given by section 301.2.
controlled precursor has the meaning given by section 301.3.
cultivate has the meaning given by subsection 303.1(1).
cultivates a plant has the meaning given by subsection 303.1(2).
cultivates a plant for a commercial purpose has the meaning given by section 303.3.
determined, in relation to a serious drug, controlled precursor or border controlled precursor, means:
for a serious drug—determined by the AFP Minister under section 301.13; or
for a precursor—determined by the AFP Minister under section 301.14.
drug analogue has the meaning given by section 301.9.
export includes take from Australia.
import, in relation to a substance, means import the substance into Australia and includes:
bring the substance into Australia; and
deal with the substance in connection with its importation.
listed, in relation to a serious drug, means:
for a controlled drug—listed by a regulation made for the purposes of paragraph 301.1(a); or
for a controlled plant—listed by a regulation made for the purposes of paragraph 301.2(a); or
for a border controlled drug—listed by a regulation made for the purposes of paragraph 301.4(1)(a); or
for a border controlled plant—listed by a regulation made for the purposes of paragraph 301.5(1)(a).
manufacture has the meaning given by subsection 305.1(1).
manufactures a substance has the meaning given by subsection 305.1(2).
manufactures a substance for a commercial purpose has the meaning given by section 305.2.
marketable quantity of a serious drug, controlled precursor or border controlled precursor has the meaning given by section 301.11.
possession of a thing includes the following:
receiving or obtaining possession of the thing;
having control over the disposition of the thing (whether or not the thing is in the custody of the person);
having joint possession of the thing.
pre‑traffics has the meaning given by section 306.1.
procures an individual to pre‑traffic has the meaning given by section 309.9.
procures an individual to traffic has the meaning given by section 309.6.
product of a plant has the meaning given by section 303.2.
requisite fraction has the meaning given by subsection 312.2(3).
sell includes the following:
barter or exchange;
agree to sell.
serious drug means one of the following:
a controlled drug;
a controlled plant;
a border controlled drug;
a border controlled plant.
supply includes the following:
supply, whether or not by way of sale;
agree to supply.
taking, in relation to a substance or plant, means taking the substance or plant, or a product of the plant, into the body.
TINDAPS Convention has the meaning given by section 300.1.
trafficable quantity of a controlled drug, or a controlled plant, has the meaning given by section 301.12.
traffics has the meaning given by section 302.1.
transport includes deliver.
This provision refers to the regulations (a regulation
). Made under this Act:
- Criminal Code Regulations 2019 · under s 5
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