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This instrument is the Criminal Code Regulations 2019.
Parliamentary material from APH and the Federal Register of Legislation. Links open the official source in a new tab.
This instrument is the Criminal Code Regulations 2019.
This instrument is made under the Criminal Code Act 1995.
In this instrument:
AFP member has the same meaning as in Part 5.3 of the Code.
authorised person means a person who is 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:
for New South Wales, Victoria, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;
for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);
for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);
for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);
for the Northern Territory—Director of Legal Aid under the Legal Aid Act 1990 (NT).
Code means the Criminal Code.
control order has the same meaning as in Part 5.3 of the Code.
Health Secretary means the Secretary of the Department administered by the Minister administering the Therapeutic Goods Act 1989.
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.
young person means a person who is at least 14 but under 18.
For the purposes of subsection 104.28(6) of the Code, this Division provides in relation to the appointing of a lawyer to act for a young person in relation to proceedings relating to a control order.
An issuing court may request a legal aid commission to arrange the legal representation of a young person in proceedings relating to a control order.
This section applies if an issuing court requests a legal aid commission under section 6 to arrange the legal representation of a young person in proceedings relating to a control order.
Informing the legal aid commission
An AFP member, or a legal representative of the Australian Federal Police, must:
in writing, inform the chief executive officer of the legal aid commission of the request; and
give the legal aid commission the following information that the AFP member or legal representative has:
the young person’s name;
the young person’s residential address;
the young person’s contact details, including a telephone number and an email address;
the young person’s date of birth;
the name, residential address and contact details of at least one parent or guardian of the young person;
if the young person requires assistance with communication—information about the assistance required.
For subparagraph (b)(vi), a young person may need assistance with communication because, for example, the person is deaf or hearing impaired, is unable to read, has a mental impairment, or requires an interpreter.
Informing the young person
An AFP member, or a legal representative of the Australian Federal Police, must:
inform the young person of the request; and
give the young person sufficient information about the legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information that the AFP member or legal representative has:
the name of the legal aid commission;
the legal aid commission’s business address (not being a post box);
the legal aid commission’s contact details, including a telephone number and an email address;
any other information about the legal aid commission provided by the issuing court; and
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).
Subsection (3) does not apply if the actions of the young person make it impracticable for the AFP member or legal representative to comply with that subsection.
Informing a parent or guardian of the young person
An AFP member, or a legal representative of the Australian Federal Police, must take reasonable steps to:
inform at least one parent or guardian of the young person of the request; and
give the parent or guardian the information about the legal aid commission that is required to be provided to the young person under paragraph (3)(b).
Timing
An AFP member or legal representative of the Australian Federal Police complying with subsection (2), (3) or (5) must do so as soon as practicable after the issuing court makes the request and at least 48 hours before the next day when the court will conduct proceedings relating to the control order.
For the purposes of the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, the following are declared to correspond to Division 105 of the Code:
Part 2A of the Terrorism (Police Powers) Act 2002 (NSW);
Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.);
the Terrorism (Preventative Detention) Act 2005 (Qld);
the Terrorism (Preventative Detention) Act 2006 (WA);
the Terrorism (Preventative Detention) Act 2005 (SA);
the Terrorism (Preventative Detention) Act 2005 (Tas.);
Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT);
Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).
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:
the offender’s financial circumstances;
whether the 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;
whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;
any other matter that the Court considers relevant.
For the purposes of subsections 105A.19(1) and (3) of the Code, the following persons are prescribed:
an AFP employee (within the meaning of the Australian Federal Police Act 1979);
a member of the police force or police service of a State or Territory;
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;
a person who provides services for, or on behalf of:
a State or Territory; or
an authority of a State or Territory;
in relation to corrective services (including prison medical, psychological and psychiatric services), justice or parole;
a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:
a post‑sentence order or an interim post‑sentence order is in force in relation to the service recipient; or
the AFP Minister has made, or is considering making, an application for a post‑sentence order or an interim post‑sentence order in relation to the service recipient;
the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;
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;
the Director‑General of Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);
an APS employee of a Department administered by the Minister administering:
the Migration Act 1958; or
the Australian Citizenship Act 2007; or
the Australian Passports Act 2005;
a person:
who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or
who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;
a person who is a relevant expert and who is:
appointed by the AFP Minister under section 105A.18D of the Code; or
otherwise engaged, by the AFP Minister, or a person on behalf of the AFP Minister;
to assess the risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence (all within the meaning of Division 105A of the Code) for the purposes of that Division (whether or not an application for a post‑sentence order has been made).
Each item of the table in clause 1 of Schedule 1 lists:
for the purposes of paragraph 301.1(1)(a) of the Code, a substance that is a controlled drug; and
for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled drug; and
for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the controlled drug; and
for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity that is the trafficable quantity of the controlled drug.
Each item of the following table lists:
for the purposes of paragraph 301.2(1)(a) of the Code, a growing plant that is a controlled plant; and
for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity that is a commercial quantity of the controlled plant; and
for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity that is a marketable quantity of the controlled plant; and
for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity that is a trafficable quantity of the controlled plant.
Controlled plants and quantities | ||||
|---|---|---|---|---|
Item | Controlled plant | Commercial quantity | Marketable quantity | Trafficable quantity |
1 | Any plant of the genus Cannabis | 250 kg or | 25 kg or | 250 g or |
Each item of the following table lists:
for the purposes of paragraph 301.3(1)(a) of the Code, a substance that is a controlled precursor; and
for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled precursor; and
for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the controlled precursor.
A salt or ester of a substance listed in the table is also a controlled precursor: see paragraph 301.3(1)(b) of the Code.
Controlled precursors and quantities | |||
|---|---|---|---|
Item | Controlled precursor | Commercial quantity (kilograms) | Marketable quantity (grams) |
1A | Alpha‑Phenylacetoacetamide (APAA) | 2.75 | 915.0 |
1B | Alpha‑Phenylacetoacetonitrile (APAAN) | 1.76 | 587.0 |
1C | 4‑Anilino‑N‑phenethylpiperidine (ANPP) | 0.006 | 2.77 |
1D | Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate | 1.46 | 292.0 |
1E | Butyl 3‑phenyl‑2‑methyl glycidate | 3.61 | 1,194.0 |
1F | Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD) | 4.75 | 1,585.0 |
1 | Ephedrine | 1.2 | 400.0 |
2 | Ergometrine | 0.006 | 0.15 |
3 | Ergotamine | 0.01 | 0.25 |
3A | Ethyl alpha‑phenylacetoacetate (EAPA) | 3.28 | 1,094.0 |
3B | Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate | 1.3 | 261.0 |
3C | Ethyl 3‑phenyl‑2‑methyl glycidate | 3.18 | 1,051.0 |
3D | Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate | 1.46 | 292.0 |
3E | Isobutyl 3‑phenyl‑2‑methyl glycidate | 3.61 | 1,194.0 |
3F | Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate | 1.38 | 275.0 |
3G | Isopropyl 3‑phenyl‑2‑methyl glycidate | 3.39 | 1,123.0 |
4 | Isosafrole | 1.45 | 290.0 |
5 | Lysergic acid | 0.003 | 0.075 |
5A | Methyl alpha‑phenylacetoacetate (MAPA) | 3.06 | 1,020.0 |
6 | 3,4‑Methylenedioxyphenylacetic acid | 1.5 | 300.0 |
6AA | 3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid | 1.33 | 266.0 |
6A | 3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG) | 1.46 | 292.0 |
7 | 3,4‑Methylenedioxyphenyl‑2‑propanone | 0.75 | 150.0 |
7A | Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG) | 1.23 | 246.0 |
7B | Methyl 3‑phenyl‑2‑methyl glycidate | 2.96 | 980.0 |
7BA | Norfentanyl | 0.006 | 2.8 |
7C | N‑Phenethyl‑4‑piperidone (NPP) | 0.008 | 4.0 |
8 | Phenylacetic acid | 4.05 | 1,350.0 |
8AA | 3‑Phenyl‑2‑methyl glycidic acid | 4.6 | 1,531.0 |
8A | 3‑Phenyl‑2‑methyl glycidic acid, sodium salt | 5.17 | 1,720.0 |
8B | N‑Phenyl‑4‑piperidinamine (4‑AP) | 0.008 | 3.8 |
9 | Phenylpropanolamine | 1.2 | 400.0 |
10 | Phenyl‑2‑propanone | 1.04 | 340.0 |
10A | Phenyl‑2‑propanone bisulphite | 2.64 | 880.0 |
10B | 1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol) | 2.25 | 737.0 |
10C | 4‑Piperidone | 0.008 | 3.8 |
11 | Piperonal | 1.6 | 320.0 |
11A | Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate | 1.38 | 275.0 |
11B | Propyl 3‑phenyl‑2‑methyl glycidate | 3.39 | 1,123.0 |
12 | Pseudoephedrine | 1.2 | 400.0 |
13 | Safrole | 2.85 | 570.0 |
14 | sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate | 1.46 | 292.0 |
15 | sec‑Butyl 3‑phenyl‑2‑methyl glycidate | 3.61 | 1,194.0 |
16 | N‑(tert‑Butoxycarbonyl)‑4‑piperidone | 0.015 | 7.6 |
17 | tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate | 1.46 | 292.0 |
18 | tert‑Butyl 4‑(phenylamino)piperidine‑1‑carboxylate (1‑boc‑4‑AP) | 0.015 | 7.3 |
19 | tert‑Butyl 3‑phenyl‑2‑methyl glycidate | 3.61 | 1,194.0 |
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