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