Criminal Code Act 1995

Schedule - The Criminal Code

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY

Part 9.1 - Serious drug offences

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Division 300 - Preliminary

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History

Div 300 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005. No 129 of 2005, s 3 and Sch 1 item 75 contains the following application provision:

75 Application of amendments to conduct before and after commencement
(1)
In this item:
earlier conduct
means conduct engaged in before the commencement of this Schedule.

engage in conduct
has the same meaning as in the Criminal Code .

later conduct
means conduct engaged in after the commencement of this Schedule.

new law
means Part 9.1 of the Criminal Code as in force from time to time.

old law
means:

(a) the provisions of Division 2 of Part XIII of the Customs Act 1901 as in force from time to time before the commencement of this Schedule to the extent to which those provisions related to narcotic substances; and

(b) any law related to those provisions.

(2)
The amendments made by this Schedule do not apply in relation to earlier conduct.

(3)
Despite the amendments made by this Schedule, the old law continues to apply in relation to later conduct if:

(a) the later conduct is related to earlier conduct; and

(b) because of that relationship, the later conduct would have constituted a physical element (or a part of a physical element) of an offence against the old law, had the old law remained in force.

(4)
If later conduct is alleged against a person in a prosecution for an offence against the old law, that conduct must not be alleged against the person in a prosecution for:

(a) an offence against the new law; or

(b) an offence related to an offence against the new law.

SECTION 300.1 Purpose

(1)
The purpose of this Part is to create offences relating to drug trafficking and to give effect to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988 (the TINDAPS Convention ).

Note:

The text of the Convention is set out in Australian Treaty Series 1993 No. 4. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department ' s website.

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(2)
Subsection (1) does not limit the legislative powers of the Parliament in relation to this Part.

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