Crimes and Other Legislation Amendment (Omnibus No. 2) Act 2023 (98 of 2023)
Schedule 2 Border controlled drugs, plants and precursors
Criminal Code Act 1995
16 After subsection 301.13(1) of the Criminal Code
Insert:
(1A) However:
(a) a determination made under subsection (1) may provide that:
(i) a determined border controlled drug is taken, for the purposes of this Part, to be a border controlled drug; or
(ii) a determined border controlled plant is 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; and
(b) if such a determination so provides, then:
(i) the determined border controlled drug is taken, for the purposes of this Part, to be a border controlled drug; or
(ii) the determined border controlled plant is taken, for the purposes of this Part, to be a border controlled plant;
only in relation to those offences or elements.
Conditions on making a determination