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 300.5

300.5 Particular identity of drugs, plants and precursors
If, in a prosecution for an offence against this Part, it is necessary for the prosecution to prove that a person knew, or was reckless as to whether, a substance or plant was a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor, it is not necessary for the prosecution to prove that the person knew, or was reckless as to, the particular identity of the controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor.

Note:

This section applies to a prosecution of an ancillary offence relating to this Part as well as to prosecution of a primary offence against this Part. This is because of:

(a) sections 11.2 , 11.2A and 11.3 (which treat certain combinations of physical and fault elements relating to this Part as being offences against this Part); and

(b) section 11.6 (which has the effect that a reference to an offence against this Part includes a reference to an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) that relates to this Part).

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