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

8   At the end of section 301.4 of the Criminal Code

Add:

(2) However:

(a) the regulations may provide that a listed border controlled drug is 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; and

(b) if the regulations so provide, then the listed border controlled drug is taken, for the purposes of this Part, to be a border controlled drug only in relation to those offences or elements.

(3) To avoid doubt, if a listed border controlled drug is 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, then a drug analogue of the listed border controlled drug is taken, for the purposes of this Part, to be a border controlled drug only in relation to those offences or elements.