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 300.6

300.6 Recklessness as to nature of substance or plant sufficient for offence of attempt to commit an offence against this Part
Despite subsection 11.1(3) , for the offence of attempting to commit an offence against this Part, recklessness is the fault element in relation to any of the following physical elements of the offence attempted:

(a) that a substance is a controlled drug (a physical element of an offence against Division 302 or 305 or section 308.1 , 309.2 , 309.3 , 309.4 , 309.7 or 309.8 );

(b) that a plant is a controlled plant (a physical element of an offence against Division 303 or 304 );

(c) that a substance is a controlled precursor (a physical element of an offence against Division 306 or section 308.2 , 309.10 or 309.11 );

(d) that a substance is a border controlled drug or border controlled plant (a physical element of an offence against Subdivision A , B or C of Division 307 or section 309.12 or 309.13 );

(e) that a substance is a border controlled precursor (a physical element of an offence against Subdivision D of Division 307 or section 309.14 or 309.15 ).

Note:

Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness: see subsection 5.4(4) .

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