{"id":"F2002B00066","name":"Criminal Code Regulations 2002","slug":"criminal-code-regulations-2002","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"67 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31043,"registerId":"commonwealth-F2002B00066-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n These Regulations are the Criminal Code Regulations 2002.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n In these Regulations:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person authorised in writing by the Health Secretary to be an authorised person for the purposes of regulation 5 of the Customs (Prohibited Imports) Regulations 1956.\n\n> chief executive officer of a legal aid commission of a State or Territory means the person holding, or performing the duties of, the following position:\n\n (a) for New South Wales, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Victoria—managing director of the board of directors of Victoria Legal Aid under the Legal Aid Act 1978 (Vic);\n (c) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (d) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (e) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (f) for the Northern Territory—Director of Legal Aid under the Legal Aid Act (NT).\n\n> Code means the Criminal Code.\n\n> control order has the same meaning as in Part 5.3 of the Code.\n\n> Health Department means the Department administered by the Health Minister.\n\n> Health Minister means the Minister administering the Therapeutic Goods Act 1989.\n\n> Health Secretary means the Secretary to the Health Department.\n\n> issuing court has the same meaning as in Part 5.3 of the Code.\n\n> lawyer has the same meaning as in Part 5.3 of the Code.\n\n> legal aid commission means an authority established by or under a law of a State or Territory for the purpose of providing legal assistance.\n\n> mental impairment has a meaning affected by subsections 7.3(8) and (9) of the Code.\n\n> parent has a meaning affected by the Dictionary at the end of the Code.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Security of the Commonwealth","content":"## Part 1—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the Criminal Code Regulations 2002.\n\n#### 3 Definitions\n\n In these Regulations:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person authorised in writing by the Health Secretary to be an authorised person for the purposes of regulation 5 of the Customs (Prohibited Imports) Regulations 1956.\n\n> chief executive officer of a legal aid commission of a State or Territory means the person holding, or performing the duties of, the following position:\n\n (a) for New South Wales, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Victoria—managing director of the board of directors of Victoria Legal Aid under the Legal Aid Act 1978 (Vic);\n (c) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (d) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (e) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (f) for the Northern Territory—Director of Legal Aid under the Legal Aid Act (NT).\n\n> Code means the Criminal Code.\n\n> control order has the same meaning as in Part 5.3 of the Code.\n\n> Health Department means the Department administered by the Health Minister.\n\n> Health Minister means the Minister administering the Therapeutic Goods Act 1989.\n\n> Health Secretary means the Secretary to the Health Department.\n\n> issuing court has the same meaning as in Part 5.3 of the Code.\n\n> lawyer has the same meaning as in Part 5.3 of the Code.\n\n> legal aid commission means an authority established by or under a law of a State or Territory for the purpose of providing legal assistance.\n\n> mental impairment has a meaning affected by subsections 7.3(8) and (9) of the Code.\n\n> parent has a meaning affected by the Dictionary at the end of the Code.\n\n## Part 2—Security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 3A Legal representation for young people\n\n For the purposes of subsection 104.28(6) of the Code, this Division provides in relation to the appointing of a lawyer for a person who is at least 14 but under 18 (the young person) to act for the young person in relation to proceedings relating to a control order.\n\n#### 3B Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission (the relevant legal aid commission) to arrange the legal representation of the young person.\n\n#### 3C AFP to inform relevant persons of request and contact details\n\n (1) This regulation applies if the issuing court decides to make a request under regulation 3B.\n Informing the legal aid commission\n (2) An AFP member, or a legal representative of the Australian Federal Police, must:\n (a) in writing, inform the chief executive officer of the relevant legal aid commission of the request; and\n (b) give the relevant legal aid commission the following information (if any) that the AFP member or legal representative has:\n (i) the young person’s name;\n (ii) the young person’s residential address;\n (iii) the young person’s contact details, including a telephone number and an email address;\n (iv) the young person’s date of birth;\n (v) the name, residential address and contact details of at least one parent or guardian of the young person;\n (vi) if the young person requires assistance with communication—information about the assistance required.\n\nNote: For subparagraph (b)(vi), a person may need assistance with communication because, for example, the young person is deaf or hearing impaired, is unable to read, has a mental impairment, or requires an interpreter.\n\n Informing the young person\n (3) An AFP member must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the relevant legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information (if any) that the AFP member has:\n (i) the name of the legal aid commission;\n (ii) the legal aid commission’s business address (not being a post box);\n (iii) the legal aid commission’s contact details, including a telephone number and an email address;\n (iv) any other information about the legal aid commission provided by the issuing court; and\n (c) ensure that the young person understands the information provided to them under paragraphs (a) and (b) (taking into account the person’s age, language skills, mental capacity and any other relevant factor).\n (4) Subregulation (3) does not apply if the actions of the young person make it impracticable for the AFP member to comply with that subregulation.\n Informing a parent or guardian of the young person\n (5) An AFP member must take reasonable steps to:\n (a) inform at least one parent or guardian of the young person of the request; and\n (b) give the parent or guardian the relevant legal aid commission’s contact details (including the details mentioned in paragraph (3)(b)).\n (6) The AFP member or legal representative complying with subregulation (2), (3) or (5) must do so as soon as practicable after the issuing court decides to make the request and at least 48 hours before the next day when the court will conduct proceedings relating to the control order.\n\n### Division 2—Preventative detention orders\n\n#### 4 Preventative detention orders—corresponding State preventative detention law\n\n (1) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, a law of a State or Territory that is set out in Part 1 of Schedule 1 is declared to correspond to Division 105 of the Code.\n (2) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, particular provisions of a law of a State or Territory that are set out in Part 2 of Schedule 1 are declared to correspond to Division 105 of the Code.\n\n#### 4A Continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 105A.15A(3)(a) of the Code, the following matters are prescribed as matters that a Supreme Court of a State or Territory may take into account in determining whether circumstances are beyond an offender’s control in relation to a continuing detention order proceeding:\n (a) an offender’s financial circumstances;\n (b) whether an offender has engaged in unreasonable conduct during the proceeding that has contributed to the offender’s inability to afford any or all of the costs and expenses of obtaining legal representation for the proceeding;\n (c) both of the following:\n (i) whether an offender has made any efforts to obtain legal aid or legal assistance;\n (ii) the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 4B Continuing detention orders—sharing information\n\n The following persons are prescribed for the purposes of subsections 105A.19(1) and (3) of the Code:\n (a) a senior executive AFP employee or an AFP employee who is acting as, or performing the duties of, a senior executive AFP employee (all within the meaning of the Australian Federal Police Act 1979);\n (b) a member of the police force or police service of a State or Territory;\n (c) an officer or employee of a State or Territory, or of an authority of a State or Territory, whose duties relate to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (d) a person who provides services for, or on behalf of:\n (i) a State or Territory; or\n (ii) an authority of a State or Territory;\n in relation to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (e) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (f) a member of the staff of the Office of the Director of Public Prosecutions (within the meaning of the Director of Public Prosecutions Act 1983) or of a similar body established under a law of a State or Territory;\n (g) the Director‑General of the Australian Security Intelligence Organisation, a Deputy Director‑General of the Australian Security Intelligence Organisation, an ASIO employee or an ASIO affiliate (all within the meaning of the Australian Security Intelligence Organisation Act 1979);\n (h) an employee of a Department administered by the Minister responsible for administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007.\n\n## Part 3—Dangers to the community\n\n### Division 1—Cross‑border firearms trafficking\n\n#### 5 Cross‑border firearms trafficking\n\n For the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the Acts, and any regulations made under those Acts, mentioned in Schedule 2 are prescribed.\n\n### Division 2—Serious drugs and precursors\n\n#### 5A Controlled drugs\n\n (1) For paragraph 301.1(1)(a) of the Code, a drug listed in column 1 of an item in Schedule 3 is a controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 3 is the commercial quantity of the controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 3 is the marketable quantity of the controlled drug listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity listed in column 4 of an item in Schedule 3 is the trafficable quantity of the controlled drug listed in column 1 of that item.\n\n#### 5B Controlled plants\n\n (1) For paragraph 301.2(1)(a) of the Code, a growing plant listed in column 1 of an item in the following table is a controlled plant.\n\n```html\n

Controlled plants and quantities

Item

Column 1

Column 2

Column 3

Column 4

Controlled plant

Commercial quantity

Marketable quantity

Trafficable quantity

1

Any plant of the genus Cannabis

250 kg or
1,000 plants

25 kg or
100 plants

250 g or
10 plants

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the controlled plant listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity listed in column 4 of an item in the table in subregulation (1) is the trafficable quantity of the controlled plant listed in column 1 of that item.\n\n#### 5C Controlled precursors\n\n (1) For paragraph 301.3(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a controlled precursor.\n\n```html\n

Controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

8

Phenylacetic acid

4.05

1,350.0

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

2.03

675.0

11

Piperonal

1.6

320.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table is also a controlled precursor: see paragraph 301.3(b) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the controlled precursor listed in column 1 of that item.\n\n#### 5D Border controlled drugs\n\n (1) For paragraph 301.4(a) of the Code, a drug listed in column 1 of an item in Schedule 4 is a border controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 4 is the commercial quantity of the border controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 4 is the marketable quantity of the border controlled drug listed in column 1 of that item.\n\n#### 5E Border controlled plants\n\n (1) For paragraph 301.5(a) of the Code, a growing plant listed in column 1 of an item in the following table is a border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

Column 1

Column 2

Column 3

Border controlled plant

Commercial quantity

Marketable quantity

1

Any plant of the genus Cannabis

250 kg or 1,000 plants

25 kg or 100 plants

2

Any plant of the genus Erythroxylon (also known as Erythroxylum) from which cocaine can be extracted either directly or by chemical transformation

80 kg

3

Any plant of the genus Lophophora

4

Any plant of the species Papaver bracteatum

10 kg

5

Any plant of the species Papaver somniferum

10 kg

6

Any plant of the species Piptagenia peregrine

7

Any plant of the species Psilocybe

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the border controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the border controlled plant listed in column 1 of that item.\n\n#### 5F Border controlled precursors\n\n (1) For paragraph 301.6(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a border controlled precursor.\n\n```html\n

Border controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

2

Any plant of the species Ephedra

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

9

Phenylacetic acid

4.05

10.8

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

2.03

5.4

12

Piperonal

1.6

1.6

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table and an immediate precursor of a precursor listed in column 1 of the table is a border controlled precursor: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the border controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the border controlled precursor listed in column 1 of that item.\n\n### Division 3—Psychoactive substances\n\n#### 5G Importing psychoactive substances\n\n (1) For paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n#### 5H Importing substances represented to be serious drug alternatives\n\n (1) For paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n## Part 4—National infrastructure\n\n#### 6 Dangerous goods\n\n For subparagraph 471.15(1)(b)(ii) of the Code, the following substances and things must not, without exception, be carried by post:\n (a) gas that is so toxic or corrosive to humans as to pose a hazard to health;\n (b) a thermally unstable substance that is likely to undergo a strongly exothermic decomposition;\n (c) a substance that ignites or self‑heats when in contact with air.\n\n## Part 5—Application and transitional provisions\n\n#### 7 Application of the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017\n\n (1) The amendments made by items 1 and 2 of Schedule 1 to the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017 apply in relation to the parts of a proceeding that occur after the commencement of that instrument if:\n (a) the proceeding commenced before or after the commencement of that instrument; and\n (b) the proceeding relates to a control order made on or after 30 November 2016; and\n (c) the control order was, or is, requested (however described) on or after 30 November 2016.\n (2) To avoid doubt, those amendments apply in accordance with subregulation (1) regardless of when the conduct to which that request relates occurred or occurs.\n\n> Note: The conduct may have occurred before or after 30 November 2016.","sortOrder":3},{"sectionNumber":"Division 1","sectionType":"division","heading":"Control orders","content":"## Part 1—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the Criminal Code Regulations 2002.\n\n#### 3 Definitions\n\n In these Regulations:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person authorised in writing by the Health Secretary to be an authorised person for the purposes of regulation 5 of the Customs (Prohibited Imports) Regulations 1956.\n\n> chief executive officer of a legal aid commission of a State or Territory means the person holding, or performing the duties of, the following position:\n\n (a) for New South Wales, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Victoria—managing director of the board of directors of Victoria Legal Aid under the Legal Aid Act 1978 (Vic);\n (c) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (d) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (e) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (f) for the Northern Territory—Director of Legal Aid under the Legal Aid Act (NT).\n\n> Code means the Criminal Code.\n\n> control order has the same meaning as in Part 5.3 of the Code.\n\n> Health Department means the Department administered by the Health Minister.\n\n> Health Minister means the Minister administering the Therapeutic Goods Act 1989.\n\n> Health Secretary means the Secretary to the Health Department.\n\n> issuing court has the same meaning as in Part 5.3 of the Code.\n\n> lawyer has the same meaning as in Part 5.3 of the Code.\n\n> legal aid commission means an authority established by or under a law of a State or Territory for the purpose of providing legal assistance.\n\n> mental impairment has a meaning affected by subsections 7.3(8) and (9) of the Code.\n\n> parent has a meaning affected by the Dictionary at the end of the Code.\n\n## Part 2—Security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 3A Legal representation for young people\n\n For the purposes of subsection 104.28(6) of the Code, this Division provides in relation to the appointing of a lawyer for a person who is at least 14 but under 18 (the young person) to act for the young person in relation to proceedings relating to a control order.\n\n#### 3B Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission (the relevant legal aid commission) to arrange the legal representation of the young person.\n\n#### 3C AFP to inform relevant persons of request and contact details\n\n (1) This regulation applies if the issuing court decides to make a request under regulation 3B.\n Informing the legal aid commission\n (2) An AFP member, or a legal representative of the Australian Federal Police, must:\n (a) in writing, inform the chief executive officer of the relevant legal aid commission of the request; and\n (b) give the relevant legal aid commission the following information (if any) that the AFP member or legal representative has:\n (i) the young person’s name;\n (ii) the young person’s residential address;\n (iii) the young person’s contact details, including a telephone number and an email address;\n (iv) the young person’s date of birth;\n (v) the name, residential address and contact details of at least one parent or guardian of the young person;\n (vi) if the young person requires assistance with communication—information about the assistance required.\n\nNote: For subparagraph (b)(vi), a person may need assistance with communication because, for example, the young person is deaf or hearing impaired, is unable to read, has a mental impairment, or requires an interpreter.\n\n Informing the young person\n (3) An AFP member must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the relevant legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information (if any) that the AFP member has:\n (i) the name of the legal aid commission;\n (ii) the legal aid commission’s business address (not being a post box);\n (iii) the legal aid commission’s contact details, including a telephone number and an email address;\n (iv) any other information about the legal aid commission provided by the issuing court; and\n (c) ensure that the young person understands the information provided to them under paragraphs (a) and (b) (taking into account the person’s age, language skills, mental capacity and any other relevant factor).\n (4) Subregulation (3) does not apply if the actions of the young person make it impracticable for the AFP member to comply with that subregulation.\n Informing a parent or guardian of the young person\n (5) An AFP member must take reasonable steps to:\n (a) inform at least one parent or guardian of the young person of the request; and\n (b) give the parent or guardian the relevant legal aid commission’s contact details (including the details mentioned in paragraph (3)(b)).\n (6) The AFP member or legal representative complying with subregulation (2), (3) or (5) must do so as soon as practicable after the issuing court decides to make the request and at least 48 hours before the next day when the court will conduct proceedings relating to the control order.\n\n### Division 2—Preventative detention orders\n\n#### 4 Preventative detention orders—corresponding State preventative detention law\n\n (1) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, a law of a State or Territory that is set out in Part 1 of Schedule 1 is declared to correspond to Division 105 of the Code.\n (2) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, particular provisions of a law of a State or Territory that are set out in Part 2 of Schedule 1 are declared to correspond to Division 105 of the Code.\n\n#### 4A Continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 105A.15A(3)(a) of the Code, the following matters are prescribed as matters that a Supreme Court of a State or Territory may take into account in determining whether circumstances are beyond an offender’s control in relation to a continuing detention order proceeding:\n (a) an offender’s financial circumstances;\n (b) whether an offender has engaged in unreasonable conduct during the proceeding that has contributed to the offender’s inability to afford any or all of the costs and expenses of obtaining legal representation for the proceeding;\n (c) both of the following:\n (i) whether an offender has made any efforts to obtain legal aid or legal assistance;\n (ii) the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 4B Continuing detention orders—sharing information\n\n The following persons are prescribed for the purposes of subsections 105A.19(1) and (3) of the Code:\n (a) a senior executive AFP employee or an AFP employee who is acting as, or performing the duties of, a senior executive AFP employee (all within the meaning of the Australian Federal Police Act 1979);\n (b) a member of the police force or police service of a State or Territory;\n (c) an officer or employee of a State or Territory, or of an authority of a State or Territory, whose duties relate to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (d) a person who provides services for, or on behalf of:\n (i) a State or Territory; or\n (ii) an authority of a State or Territory;\n in relation to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (e) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (f) a member of the staff of the Office of the Director of Public Prosecutions (within the meaning of the Director of Public Prosecutions Act 1983) or of a similar body established under a law of a State or Territory;\n (g) the Director‑General of the Australian Security Intelligence Organisation, a Deputy Director‑General of the Australian Security Intelligence Organisation, an ASIO employee or an ASIO affiliate (all within the meaning of the Australian Security Intelligence Organisation Act 1979);\n (h) an employee of a Department administered by the Minister responsible for administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007.\n\n## Part 3—Dangers to the community\n\n### Division 1—Cross‑border firearms trafficking\n\n#### 5 Cross‑border firearms trafficking\n\n For the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the Acts, and any regulations made under those Acts, mentioned in Schedule 2 are prescribed.\n\n### Division 2—Serious drugs and precursors\n\n#### 5A Controlled drugs\n\n (1) For paragraph 301.1(1)(a) of the Code, a drug listed in column 1 of an item in Schedule 3 is a controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 3 is the commercial quantity of the controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 3 is the marketable quantity of the controlled drug listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity listed in column 4 of an item in Schedule 3 is the trafficable quantity of the controlled drug listed in column 1 of that item.\n\n#### 5B Controlled plants\n\n (1) For paragraph 301.2(1)(a) of the Code, a growing plant listed in column 1 of an item in the following table is a controlled plant.\n\n```html\n

Controlled plants and quantities

Item

Column 1

Column 2

Column 3

Column 4

Controlled plant

Commercial quantity

Marketable quantity

Trafficable quantity

1

Any plant of the genus Cannabis

250 kg or
1,000 plants

25 kg or
100 plants

250 g or
10 plants

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the controlled plant listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity listed in column 4 of an item in the table in subregulation (1) is the trafficable quantity of the controlled plant listed in column 1 of that item.\n\n#### 5C Controlled precursors\n\n (1) For paragraph 301.3(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a controlled precursor.\n\n```html\n

Controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

8

Phenylacetic acid

4.05

1,350.0

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

2.03

675.0

11

Piperonal

1.6

320.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table is also a controlled precursor: see paragraph 301.3(b) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the controlled precursor listed in column 1 of that item.\n\n#### 5D Border controlled drugs\n\n (1) For paragraph 301.4(a) of the Code, a drug listed in column 1 of an item in Schedule 4 is a border controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 4 is the commercial quantity of the border controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 4 is the marketable quantity of the border controlled drug listed in column 1 of that item.\n\n#### 5E Border controlled plants\n\n (1) For paragraph 301.5(a) of the Code, a growing plant listed in column 1 of an item in the following table is a border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

Column 1

Column 2

Column 3

Border controlled plant

Commercial quantity

Marketable quantity

1

Any plant of the genus Cannabis

250 kg or 1,000 plants

25 kg or 100 plants

2

Any plant of the genus Erythroxylon (also known as Erythroxylum) from which cocaine can be extracted either directly or by chemical transformation

80 kg

3

Any plant of the genus Lophophora

4

Any plant of the species Papaver bracteatum

10 kg

5

Any plant of the species Papaver somniferum

10 kg

6

Any plant of the species Piptagenia peregrine

7

Any plant of the species Psilocybe

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the border controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the border controlled plant listed in column 1 of that item.\n\n#### 5F Border controlled precursors\n\n (1) For paragraph 301.6(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a border controlled precursor.\n\n```html\n

Border controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

2

Any plant of the species Ephedra

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

9

Phenylacetic acid

4.05

10.8

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

2.03

5.4

12

Piperonal

1.6

1.6

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table and an immediate precursor of a precursor listed in column 1 of the table is a border controlled precursor: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the border controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the border controlled precursor listed in column 1 of that item.\n\n### Division 3—Psychoactive substances\n\n#### 5G Importing psychoactive substances\n\n (1) For paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n#### 5H Importing substances represented to be serious drug alternatives\n\n (1) For paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n## Part 4—National infrastructure\n\n#### 6 Dangerous goods\n\n For subparagraph 471.15(1)(b)(ii) of the Code, the following substances and things must not, without exception, be carried by post:\n (a) gas that is so toxic or corrosive to humans as to pose a hazard to health;\n (b) a thermally unstable substance that is likely to undergo a strongly exothermic decomposition;\n (c) a substance that ignites or self‑heats when in contact with air.\n\n## Part 5—Application and transitional provisions\n\n#### 7 Application of the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017\n\n (1) The amendments made by items 1 and 2 of Schedule 1 to the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017 apply in relation to the parts of a proceeding that occur after the commencement of that instrument if:\n (a) the proceeding commenced before or after the commencement of that instrument; and\n (b) the proceeding relates to a control order made on or after 30 November 2016; and\n (c) the control order was, or is, requested (however described) on or after 30 November 2016.\n (2) To avoid doubt, those amendments apply in accordance with subregulation (1) regardless of when the conduct to which that request relates occurred or occurs.\n\n> Note: The conduct may have occurred before or after 30 November 2016.","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Legal representation for young people","content":"#### 3A Legal representation for young people\n\n For the purposes of subsection 104.28(6) of the Code, this Division provides in relation to the appointing of a lawyer for a person who is at least 14 but under 18 (the young person) to act for the young person in relation to proceedings relating to a control order.","sortOrder":5},{"sectionNumber":"3B","sectionType":"section","heading":"Court may request legal aid commission to arrange representation","content":"#### 3B Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission (the relevant legal aid commission) to arrange the legal representation of the young person.","sortOrder":6},{"sectionNumber":"3C","sectionType":"section","heading":"AFP to inform relevant persons of request and contact details","content":"#### 3C AFP to inform relevant persons of request and contact details\n\n (1) This regulation applies if the issuing court decides to make a request under regulation 3B.\n Informing the legal aid commission\n (2) An AFP member, or a legal representative of the Australian Federal Police, must:\n (a) in writing, inform the chief executive officer of the relevant legal aid commission of the request; and\n (b) give the relevant legal aid commission the following information (if any) that the AFP member or legal representative has:\n (i) the young person’s name;\n (ii) the young person’s residential address;\n (iii) the young person’s contact details, including a telephone number and an email address;\n (iv) the young person’s date of birth;\n (v) the name, residential address and contact details of at least one parent or guardian of the young person;\n (vi) if the young person requires assistance with communication—information about the assistance required.\n\nNote: For subparagraph (b)(vi), a person may need assistance with communication because, for example, the young person is deaf or hearing impaired, is unable to read, has a mental impairment, or requires an interpreter.\n\n Informing the young person\n (3) An AFP member must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the relevant legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information (if any) that the AFP member has:\n (i) the name of the legal aid commission;\n (ii) the legal aid commission’s business address (not being a post box);\n (iii) the legal aid commission’s contact details, including a telephone number and an email address;\n (iv) any other information about the legal aid commission provided by the issuing court; and\n (c) ensure that the young person understands the information provided to them under paragraphs (a) and (b) (taking into account the person’s age, language skills, mental capacity and any other relevant factor).\n (4) Subregulation (3) does not apply if the actions of the young person make it impracticable for the AFP member to comply with that subregulation.\n Informing a parent or guardian of the young person\n (5) An AFP member must take reasonable steps to:\n (a) inform at least one parent or guardian of the young person of the request; and\n (b) give the parent or guardian the relevant legal aid commission’s contact details (including the details mentioned in paragraph (3)(b)).\n (6) The AFP member or legal representative complying with subregulation (2), (3) or (5) must do so as soon as practicable after the issuing court decides to make the request and at least 48 hours before the next day when the court will conduct proceedings relating to the control order.","sortOrder":7},{"sectionNumber":"Division 2","sectionType":"division","heading":"Preventative detention orders","content":"## Part 1—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the Criminal Code Regulations 2002.\n\n#### 3 Definitions\n\n In these Regulations:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person authorised in writing by the Health Secretary to be an authorised person for the purposes of regulation 5 of the Customs (Prohibited Imports) Regulations 1956.\n\n> chief executive officer of a legal aid commission of a State or Territory means the person holding, or performing the duties of, the following position:\n\n (a) for New South Wales, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Victoria—managing director of the board of directors of Victoria Legal Aid under the Legal Aid Act 1978 (Vic);\n (c) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (d) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (e) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (f) for the Northern Territory—Director of Legal Aid under the Legal Aid Act (NT).\n\n> Code means the Criminal Code.\n\n> control order has the same meaning as in Part 5.3 of the Code.\n\n> Health Department means the Department administered by the Health Minister.\n\n> Health Minister means the Minister administering the Therapeutic Goods Act 1989.\n\n> Health Secretary means the Secretary to the Health Department.\n\n> issuing court has the same meaning as in Part 5.3 of the Code.\n\n> lawyer has the same meaning as in Part 5.3 of the Code.\n\n> legal aid commission means an authority established by or under a law of a State or Territory for the purpose of providing legal assistance.\n\n> mental impairment has a meaning affected by subsections 7.3(8) and (9) of the Code.\n\n> parent has a meaning affected by the Dictionary at the end of the Code.\n\n## Part 2—Security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 3A Legal representation for young people\n\n For the purposes of subsection 104.28(6) of the Code, this Division provides in relation to the appointing of a lawyer for a person who is at least 14 but under 18 (the young person) to act for the young person in relation to proceedings relating to a control order.\n\n#### 3B Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission (the relevant legal aid commission) to arrange the legal representation of the young person.\n\n#### 3C AFP to inform relevant persons of request and contact details\n\n (1) This regulation applies if the issuing court decides to make a request under regulation 3B.\n Informing the legal aid commission\n (2) An AFP member, or a legal representative of the Australian Federal Police, must:\n (a) in writing, inform the chief executive officer of the relevant legal aid commission of the request; and\n (b) give the relevant legal aid commission the following information (if any) that the AFP member or legal representative has:\n (i) the young person’s name;\n (ii) the young person’s residential address;\n (iii) the young person’s contact details, including a telephone number and an email address;\n (iv) the young person’s date of birth;\n (v) the name, residential address and contact details of at least one parent or guardian of the young person;\n (vi) if the young person requires assistance with communication—information about the assistance required.\n\nNote: For subparagraph (b)(vi), a person may need assistance with communication because, for example, the young person is deaf or hearing impaired, is unable to read, has a mental impairment, or requires an interpreter.\n\n Informing the young person\n (3) An AFP member must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the relevant legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information (if any) that the AFP member has:\n (i) the name of the legal aid commission;\n (ii) the legal aid commission’s business address (not being a post box);\n (iii) the legal aid commission’s contact details, including a telephone number and an email address;\n (iv) any other information about the legal aid commission provided by the issuing court; and\n (c) ensure that the young person understands the information provided to them under paragraphs (a) and (b) (taking into account the person’s age, language skills, mental capacity and any other relevant factor).\n (4) Subregulation (3) does not apply if the actions of the young person make it impracticable for the AFP member to comply with that subregulation.\n Informing a parent or guardian of the young person\n (5) An AFP member must take reasonable steps to:\n (a) inform at least one parent or guardian of the young person of the request; and\n (b) give the parent or guardian the relevant legal aid commission’s contact details (including the details mentioned in paragraph (3)(b)).\n (6) The AFP member or legal representative complying with subregulation (2), (3) or (5) must do so as soon as practicable after the issuing court decides to make the request and at least 48 hours before the next day when the court will conduct proceedings relating to the control order.\n\n### Division 2—Preventative detention orders\n\n#### 4 Preventative detention orders—corresponding State preventative detention law\n\n (1) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, a law of a State or Territory that is set out in Part 1 of Schedule 1 is declared to correspond to Division 105 of the Code.\n (2) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, particular provisions of a law of a State or Territory that are set out in Part 2 of Schedule 1 are declared to correspond to Division 105 of the Code.\n\n#### 4A Continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 105A.15A(3)(a) of the Code, the following matters are prescribed as matters that a Supreme Court of a State or Territory may take into account in determining whether circumstances are beyond an offender’s control in relation to a continuing detention order proceeding:\n (a) an offender’s financial circumstances;\n (b) whether an offender has engaged in unreasonable conduct during the proceeding that has contributed to the offender’s inability to afford any or all of the costs and expenses of obtaining legal representation for the proceeding;\n (c) both of the following:\n (i) whether an offender has made any efforts to obtain legal aid or legal assistance;\n (ii) the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 4B Continuing detention orders—sharing information\n\n The following persons are prescribed for the purposes of subsections 105A.19(1) and (3) of the Code:\n (a) a senior executive AFP employee or an AFP employee who is acting as, or performing the duties of, a senior executive AFP employee (all within the meaning of the Australian Federal Police Act 1979);\n (b) a member of the police force or police service of a State or Territory;\n (c) an officer or employee of a State or Territory, or of an authority of a State or Territory, whose duties relate to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (d) a person who provides services for, or on behalf of:\n (i) a State or Territory; or\n (ii) an authority of a State or Territory;\n in relation to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (e) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (f) a member of the staff of the Office of the Director of Public Prosecutions (within the meaning of the Director of Public Prosecutions Act 1983) or of a similar body established under a law of a State or Territory;\n (g) the Director‑General of the Australian Security Intelligence Organisation, a Deputy Director‑General of the Australian Security Intelligence Organisation, an ASIO employee or an ASIO affiliate (all within the meaning of the Australian Security Intelligence Organisation Act 1979);\n (h) an employee of a Department administered by the Minister responsible for administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007.\n\n## Part 3—Dangers to the community\n\n### Division 1—Cross‑border firearms trafficking\n\n#### 5 Cross‑border firearms trafficking\n\n For the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the Acts, and any regulations made under those Acts, mentioned in Schedule 2 are prescribed.\n\n### Division 2—Serious drugs and precursors\n\n#### 5A Controlled drugs\n\n (1) For paragraph 301.1(1)(a) of the Code, a drug listed in column 1 of an item in Schedule 3 is a controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 3 is the commercial quantity of the controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 3 is the marketable quantity of the controlled drug listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity listed in column 4 of an item in Schedule 3 is the trafficable quantity of the controlled drug listed in column 1 of that item.\n\n#### 5B Controlled plants\n\n (1) For paragraph 301.2(1)(a) of the Code, a growing plant listed in column 1 of an item in the following table is a controlled plant.\n\n```html\n

Controlled plants and quantities

Item

Column 1

Column 2

Column 3

Column 4

Controlled plant

Commercial quantity

Marketable quantity

Trafficable quantity

1

Any plant of the genus Cannabis

250 kg or
1,000 plants

25 kg or
100 plants

250 g or
10 plants

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the controlled plant listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity listed in column 4 of an item in the table in subregulation (1) is the trafficable quantity of the controlled plant listed in column 1 of that item.\n\n#### 5C Controlled precursors\n\n (1) For paragraph 301.3(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a controlled precursor.\n\n```html\n

Controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

8

Phenylacetic acid

4.05

1,350.0

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

2.03

675.0

11

Piperonal

1.6

320.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table is also a controlled precursor: see paragraph 301.3(b) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the controlled precursor listed in column 1 of that item.\n\n#### 5D Border controlled drugs\n\n (1) For paragraph 301.4(a) of the Code, a drug listed in column 1 of an item in Schedule 4 is a border controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 4 is the commercial quantity of the border controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 4 is the marketable quantity of the border controlled drug listed in column 1 of that item.\n\n#### 5E Border controlled plants\n\n (1) For paragraph 301.5(a) of the Code, a growing plant listed in column 1 of an item in the following table is a border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

Column 1

Column 2

Column 3

Border controlled plant

Commercial quantity

Marketable quantity

1

Any plant of the genus Cannabis

250 kg or 1,000 plants

25 kg or 100 plants

2

Any plant of the genus Erythroxylon (also known as Erythroxylum) from which cocaine can be extracted either directly or by chemical transformation

80 kg

3

Any plant of the genus Lophophora

4

Any plant of the species Papaver bracteatum

10 kg

5

Any plant of the species Papaver somniferum

10 kg

6

Any plant of the species Piptagenia peregrine

7

Any plant of the species Psilocybe

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the border controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the border controlled plant listed in column 1 of that item.\n\n#### 5F Border controlled precursors\n\n (1) For paragraph 301.6(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a border controlled precursor.\n\n```html\n

Border controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

2

Any plant of the species Ephedra

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

9

Phenylacetic acid

4.05

10.8

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

2.03

5.4

12

Piperonal

1.6

1.6

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table and an immediate precursor of a precursor listed in column 1 of the table is a border controlled precursor: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the border controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the border controlled precursor listed in column 1 of that item.\n\n### Division 3—Psychoactive substances\n\n#### 5G Importing psychoactive substances\n\n (1) For paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n#### 5H Importing substances represented to be serious drug alternatives\n\n (1) For paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n## Part 4—National infrastructure\n\n#### 6 Dangerous goods\n\n For subparagraph 471.15(1)(b)(ii) of the Code, the following substances and things must not, without exception, be carried by post:\n (a) gas that is so toxic or corrosive to humans as to pose a hazard to health;\n (b) a thermally unstable substance that is likely to undergo a strongly exothermic decomposition;\n (c) a substance that ignites or self‑heats when in contact with air.\n\n## Part 5—Application and transitional provisions\n\n#### 7 Application of the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017\n\n (1) The amendments made by items 1 and 2 of Schedule 1 to the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017 apply in relation to the parts of a proceeding that occur after the commencement of that instrument if:\n (a) the proceeding commenced before or after the commencement of that instrument; and\n (b) the proceeding relates to a control order made on or after 30 November 2016; and\n (c) the control order was, or is, requested (however described) on or after 30 November 2016.\n (2) To avoid doubt, those amendments apply in accordance with subregulation (1) regardless of when the conduct to which that request relates occurred or occurs.\n\n> Note: The conduct may have occurred before or after 30 November 2016.","sortOrder":8},{"sectionNumber":"4","sectionType":"section","heading":"Preventative detention orders—corresponding State preventative detention law","content":"#### 4 Preventative detention orders—corresponding State preventative detention law\n\n (1) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, a law of a State or Territory that is set out in Part 1 of Schedule 1 is declared to correspond to Division 105 of the Code.\n (2) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, particular provisions of a law of a State or Territory that are set out in Part 2 of Schedule 1 are declared to correspond to Division 105 of the Code.","sortOrder":9},{"sectionNumber":"4A","sectionType":"section","heading":"Continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control","content":"#### 4A Continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 105A.15A(3)(a) of the Code, the following matters are prescribed as matters that a Supreme Court of a State or Territory may take into account in determining whether circumstances are beyond an offender’s control in relation to a continuing detention order proceeding:\n (a) an offender’s financial circumstances;\n (b) whether an offender has engaged in unreasonable conduct during the proceeding that has contributed to the offender’s inability to afford any or all of the costs and expenses of obtaining legal representation for the proceeding;\n (c) both of the following:\n (i) whether an offender has made any efforts to obtain legal aid or legal assistance;\n (ii) the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.","sortOrder":10},{"sectionNumber":"4B","sectionType":"section","heading":"Continuing detention orders—sharing information","content":"#### 4B Continuing detention orders—sharing information\n\n The following persons are prescribed for the purposes of subsections 105A.19(1) and (3) of the Code:\n (a) a senior executive AFP employee or an AFP employee who is acting as, or performing the duties of, a senior executive AFP employee (all within the meaning of the Australian Federal Police Act 1979);\n (b) a member of the police force or police service of a State or Territory;\n (c) an officer or employee of a State or Territory, or of an authority of a State or Territory, whose duties relate to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (d) a person who provides services for, or on behalf of:\n (i) a State or Territory; or\n (ii) an authority of a State or Territory;\n in relation to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (e) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (f) a member of the staff of the Office of the Director of Public Prosecutions (within the meaning of the Director of Public Prosecutions Act 1983) or of a similar body established under a law of a State or Territory;\n (g) the Director‑General of the Australian Security Intelligence Organisation, a Deputy Director‑General of the Australian Security Intelligence Organisation, an ASIO employee or an ASIO affiliate (all within the meaning of the Australian Security Intelligence Organisation Act 1979);\n (h) an employee of a Department administered by the Minister responsible for administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Dangers to the community","content":"## Part 1—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the Criminal Code Regulations 2002.\n\n#### 3 Definitions\n\n In these Regulations:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person authorised in writing by the Health Secretary to be an authorised person for the purposes of regulation 5 of the Customs (Prohibited Imports) Regulations 1956.\n\n> chief executive officer of a legal aid commission of a State or Territory means the person holding, or performing the duties of, the following position:\n\n (a) for New South Wales, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Victoria—managing director of the board of directors of Victoria Legal Aid under the Legal Aid Act 1978 (Vic);\n (c) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (d) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (e) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (f) for the Northern Territory—Director of Legal Aid under the Legal Aid Act (NT).\n\n> Code means the Criminal Code.\n\n> control order has the same meaning as in Part 5.3 of the Code.\n\n> Health Department means the Department administered by the Health Minister.\n\n> Health Minister means the Minister administering the Therapeutic Goods Act 1989.\n\n> Health Secretary means the Secretary to the Health Department.\n\n> issuing court has the same meaning as in Part 5.3 of the Code.\n\n> lawyer has the same meaning as in Part 5.3 of the Code.\n\n> legal aid commission means an authority established by or under a law of a State or Territory for the purpose of providing legal assistance.\n\n> mental impairment has a meaning affected by subsections 7.3(8) and (9) of the Code.\n\n> parent has a meaning affected by the Dictionary at the end of the Code.\n\n## Part 2—Security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 3A Legal representation for young people\n\n For the purposes of subsection 104.28(6) of the Code, this Division provides in relation to the appointing of a lawyer for a person who is at least 14 but under 18 (the young person) to act for the young person in relation to proceedings relating to a control order.\n\n#### 3B Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission (the relevant legal aid commission) to arrange the legal representation of the young person.\n\n#### 3C AFP to inform relevant persons of request and contact details\n\n (1) This regulation applies if the issuing court decides to make a request under regulation 3B.\n Informing the legal aid commission\n (2) An AFP member, or a legal representative of the Australian Federal Police, must:\n (a) in writing, inform the chief executive officer of the relevant legal aid commission of the request; and\n (b) give the relevant legal aid commission the following information (if any) that the AFP member or legal representative has:\n (i) the young person’s name;\n (ii) the young person’s residential address;\n (iii) the young person’s contact details, including a telephone number and an email address;\n (iv) the young person’s date of birth;\n (v) the name, residential address and contact details of at least one parent or guardian of the young person;\n (vi) if the young person requires assistance with communication—information about the assistance required.\n\nNote: For subparagraph (b)(vi), a person may need assistance with communication because, for example, the young person is deaf or hearing impaired, is unable to read, has a mental impairment, or requires an interpreter.\n\n Informing the young person\n (3) An AFP member must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the relevant legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information (if any) that the AFP member has:\n (i) the name of the legal aid commission;\n (ii) the legal aid commission’s business address (not being a post box);\n (iii) the legal aid commission’s contact details, including a telephone number and an email address;\n (iv) any other information about the legal aid commission provided by the issuing court; and\n (c) ensure that the young person understands the information provided to them under paragraphs (a) and (b) (taking into account the person’s age, language skills, mental capacity and any other relevant factor).\n (4) Subregulation (3) does not apply if the actions of the young person make it impracticable for the AFP member to comply with that subregulation.\n Informing a parent or guardian of the young person\n (5) An AFP member must take reasonable steps to:\n (a) inform at least one parent or guardian of the young person of the request; and\n (b) give the parent or guardian the relevant legal aid commission’s contact details (including the details mentioned in paragraph (3)(b)).\n (6) The AFP member or legal representative complying with subregulation (2), (3) or (5) must do so as soon as practicable after the issuing court decides to make the request and at least 48 hours before the next day when the court will conduct proceedings relating to the control order.\n\n### Division 2—Preventative detention orders\n\n#### 4 Preventative detention orders—corresponding State preventative detention law\n\n (1) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, a law of a State or Territory that is set out in Part 1 of Schedule 1 is declared to correspond to Division 105 of the Code.\n (2) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, particular provisions of a law of a State or Territory that are set out in Part 2 of Schedule 1 are declared to correspond to Division 105 of the Code.\n\n#### 4A Continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 105A.15A(3)(a) of the Code, the following matters are prescribed as matters that a Supreme Court of a State or Territory may take into account in determining whether circumstances are beyond an offender’s control in relation to a continuing detention order proceeding:\n (a) an offender’s financial circumstances;\n (b) whether an offender has engaged in unreasonable conduct during the proceeding that has contributed to the offender’s inability to afford any or all of the costs and expenses of obtaining legal representation for the proceeding;\n (c) both of the following:\n (i) whether an offender has made any efforts to obtain legal aid or legal assistance;\n (ii) the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 4B Continuing detention orders—sharing information\n\n The following persons are prescribed for the purposes of subsections 105A.19(1) and (3) of the Code:\n (a) a senior executive AFP employee or an AFP employee who is acting as, or performing the duties of, a senior executive AFP employee (all within the meaning of the Australian Federal Police Act 1979);\n (b) a member of the police force or police service of a State or Territory;\n (c) an officer or employee of a State or Territory, or of an authority of a State or Territory, whose duties relate to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (d) a person who provides services for, or on behalf of:\n (i) a State or Territory; or\n (ii) an authority of a State or Territory;\n in relation to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (e) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (f) a member of the staff of the Office of the Director of Public Prosecutions (within the meaning of the Director of Public Prosecutions Act 1983) or of a similar body established under a law of a State or Territory;\n (g) the Director‑General of the Australian Security Intelligence Organisation, a Deputy Director‑General of the Australian Security Intelligence Organisation, an ASIO employee or an ASIO affiliate (all within the meaning of the Australian Security Intelligence Organisation Act 1979);\n (h) an employee of a Department administered by the Minister responsible for administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007.\n\n## Part 3—Dangers to the community\n\n### Division 1—Cross‑border firearms trafficking\n\n#### 5 Cross‑border firearms trafficking\n\n For the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the Acts, and any regulations made under those Acts, mentioned in Schedule 2 are prescribed.\n\n### Division 2—Serious drugs and precursors\n\n#### 5A Controlled drugs\n\n (1) For paragraph 301.1(1)(a) of the Code, a drug listed in column 1 of an item in Schedule 3 is a controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 3 is the commercial quantity of the controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 3 is the marketable quantity of the controlled drug listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity listed in column 4 of an item in Schedule 3 is the trafficable quantity of the controlled drug listed in column 1 of that item.\n\n#### 5B Controlled plants\n\n (1) For paragraph 301.2(1)(a) of the Code, a growing plant listed in column 1 of an item in the following table is a controlled plant.\n\n```html\n

Controlled plants and quantities

Item

Column 1

Column 2

Column 3

Column 4

Controlled plant

Commercial quantity

Marketable quantity

Trafficable quantity

1

Any plant of the genus Cannabis

250 kg or
1,000 plants

25 kg or
100 plants

250 g or
10 plants

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the controlled plant listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity listed in column 4 of an item in the table in subregulation (1) is the trafficable quantity of the controlled plant listed in column 1 of that item.\n\n#### 5C Controlled precursors\n\n (1) For paragraph 301.3(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a controlled precursor.\n\n```html\n

Controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

8

Phenylacetic acid

4.05

1,350.0

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

2.03

675.0

11

Piperonal

1.6

320.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table is also a controlled precursor: see paragraph 301.3(b) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the controlled precursor listed in column 1 of that item.\n\n#### 5D Border controlled drugs\n\n (1) For paragraph 301.4(a) of the Code, a drug listed in column 1 of an item in Schedule 4 is a border controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 4 is the commercial quantity of the border controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 4 is the marketable quantity of the border controlled drug listed in column 1 of that item.\n\n#### 5E Border controlled plants\n\n (1) For paragraph 301.5(a) of the Code, a growing plant listed in column 1 of an item in the following table is a border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

Column 1

Column 2

Column 3

Border controlled plant

Commercial quantity

Marketable quantity

1

Any plant of the genus Cannabis

250 kg or 1,000 plants

25 kg or 100 plants

2

Any plant of the genus Erythroxylon (also known as Erythroxylum) from which cocaine can be extracted either directly or by chemical transformation

80 kg

3

Any plant of the genus Lophophora

4

Any plant of the species Papaver bracteatum

10 kg

5

Any plant of the species Papaver somniferum

10 kg

6

Any plant of the species Piptagenia peregrine

7

Any plant of the species Psilocybe

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the border controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the border controlled plant listed in column 1 of that item.\n\n#### 5F Border controlled precursors\n\n (1) For paragraph 301.6(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a border controlled precursor.\n\n```html\n

Border controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

2

Any plant of the species Ephedra

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

9

Phenylacetic acid

4.05

10.8

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

2.03

5.4

12

Piperonal

1.6

1.6

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table and an immediate precursor of a precursor listed in column 1 of the table is a border controlled precursor: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the border controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the border controlled precursor listed in column 1 of that item.\n\n### Division 3—Psychoactive substances\n\n#### 5G Importing psychoactive substances\n\n (1) For paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n#### 5H Importing substances represented to be serious drug alternatives\n\n (1) For paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n## Part 4—National infrastructure\n\n#### 6 Dangerous goods\n\n For subparagraph 471.15(1)(b)(ii) of the Code, the following substances and things must not, without exception, be carried by post:\n (a) gas that is so toxic or corrosive to humans as to pose a hazard to health;\n (b) a thermally unstable substance that is likely to undergo a strongly exothermic decomposition;\n (c) a substance that ignites or self‑heats when in contact with air.\n\n## Part 5—Application and transitional provisions\n\n#### 7 Application of the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017\n\n (1) The amendments made by items 1 and 2 of Schedule 1 to the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017 apply in relation to the parts of a proceeding that occur after the commencement of that instrument if:\n (a) the proceeding commenced before or after the commencement of that instrument; and\n (b) the proceeding relates to a control order made on or after 30 November 2016; and\n (c) the control order was, or is, requested (however described) on or after 30 November 2016.\n (2) To avoid doubt, those amendments apply in accordance with subregulation (1) regardless of when the conduct to which that request relates occurred or occurs.\n\n> Note: The conduct may have occurred before or after 30 November 2016.","sortOrder":12},{"sectionNumber":"5","sectionType":"section","heading":"Cross‑border firearms trafficking","content":"#### 5 Cross‑border firearms trafficking\n\n For the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the Acts, and any regulations made under those Acts, mentioned in Schedule 2 are prescribed.","sortOrder":14},{"sectionNumber":"5A","sectionType":"section","heading":"Controlled drugs","content":"#### 5A Controlled drugs\n\n (1) For paragraph 301.1(1)(a) of the Code, a drug listed in column 1 of an item in Schedule 3 is a controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 3 is the commercial quantity of the controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 3 is the marketable quantity of the controlled drug listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity listed in column 4 of an item in Schedule 3 is the trafficable quantity of the controlled drug listed in column 1 of that item.","sortOrder":16},{"sectionNumber":"5B","sectionType":"section","heading":"Controlled plants","content":"#### 5B Controlled plants\n\n (1) For paragraph 301.2(1)(a) of the Code, a growing plant listed in column 1 of an item in the following table is a controlled plant.\n\n```html\n

Controlled plants and quantities

Item

Column 1

Column 2

Column 3

Column 4

Controlled plant

Commercial quantity

Marketable quantity

Trafficable quantity

1

Any plant of the genus Cannabis

250 kg or
1,000 plants

25 kg or
100 plants

250 g or
10 plants

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the controlled plant listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity listed in column 4 of an item in the table in subregulation (1) is the trafficable quantity of the controlled plant listed in column 1 of that item.","sortOrder":17},{"sectionNumber":"5C","sectionType":"section","heading":"Controlled precursors","content":"#### 5C Controlled precursors\n\n (1) For paragraph 301.3(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a controlled precursor.\n\n```html\n

Controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

8

Phenylacetic acid

4.05

1,350.0

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

2.03

675.0

11

Piperonal

1.6

320.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table is also a controlled precursor: see paragraph 301.3(b) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the controlled precursor listed in column 1 of that item.","sortOrder":18},{"sectionNumber":"5D","sectionType":"section","heading":"Border controlled drugs","content":"#### 5D Border controlled drugs\n\n (1) For paragraph 301.4(a) of the Code, a drug listed in column 1 of an item in Schedule 4 is a border controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 4 is the commercial quantity of the border controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 4 is the marketable quantity of the border controlled drug listed in column 1 of that item.","sortOrder":19},{"sectionNumber":"5E","sectionType":"section","heading":"Border controlled plants","content":"#### 5E Border controlled plants\n\n (1) For paragraph 301.5(a) of the Code, a growing plant listed in column 1 of an item in the following table is a border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

Column 1

Column 2

Column 3

Border controlled plant

Commercial quantity

Marketable quantity

1

Any plant of the genus Cannabis

250 kg or 1,000 plants

25 kg or 100 plants

2

Any plant of the genus Erythroxylon (also known as Erythroxylum) from which cocaine can be extracted either directly or by chemical transformation

80 kg

3

Any plant of the genus Lophophora

4

Any plant of the species Papaver bracteatum

10 kg

5

Any plant of the species Papaver somniferum

10 kg

6

Any plant of the species Piptagenia peregrine

7

Any plant of the species Psilocybe

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the border controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the border controlled plant listed in column 1 of that item.","sortOrder":20},{"sectionNumber":"5F","sectionType":"section","heading":"Border controlled precursors","content":"#### 5F Border controlled precursors\n\n (1) For paragraph 301.6(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a border controlled precursor.\n\n```html\n

Border controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

2

Any plant of the species Ephedra

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

9

Phenylacetic acid

4.05

10.8

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

2.03

5.4

12

Piperonal

1.6

1.6

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table and an immediate precursor of a precursor listed in column 1 of the table is a border controlled precursor: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the border controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the border controlled precursor listed in column 1 of that item.","sortOrder":21},{"sectionNumber":"Division 3","sectionType":"division","heading":"Psychoactive substances","content":"## Part 1—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the Criminal Code Regulations 2002.\n\n#### 3 Definitions\n\n In these Regulations:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person authorised in writing by the Health Secretary to be an authorised person for the purposes of regulation 5 of the Customs (Prohibited Imports) Regulations 1956.\n\n> chief executive officer of a legal aid commission of a State or Territory means the person holding, or performing the duties of, the following position:\n\n (a) for New South Wales, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Victoria—managing director of the board of directors of Victoria Legal Aid under the Legal Aid Act 1978 (Vic);\n (c) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (d) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (e) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (f) for the Northern Territory—Director of Legal Aid under the Legal Aid Act (NT).\n\n> Code means the Criminal Code.\n\n> control order has the same meaning as in Part 5.3 of the Code.\n\n> Health Department means the Department administered by the Health Minister.\n\n> Health Minister means the Minister administering the Therapeutic Goods Act 1989.\n\n> Health Secretary means the Secretary to the Health Department.\n\n> issuing court has the same meaning as in Part 5.3 of the Code.\n\n> lawyer has the same meaning as in Part 5.3 of the Code.\n\n> legal aid commission means an authority established by or under a law of a State or Territory for the purpose of providing legal assistance.\n\n> mental impairment has a meaning affected by subsections 7.3(8) and (9) of the Code.\n\n> parent has a meaning affected by the Dictionary at the end of the Code.\n\n## Part 2—Security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 3A Legal representation for young people\n\n For the purposes of subsection 104.28(6) of the Code, this Division provides in relation to the appointing of a lawyer for a person who is at least 14 but under 18 (the young person) to act for the young person in relation to proceedings relating to a control order.\n\n#### 3B Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission (the relevant legal aid commission) to arrange the legal representation of the young person.\n\n#### 3C AFP to inform relevant persons of request and contact details\n\n (1) This regulation applies if the issuing court decides to make a request under regulation 3B.\n Informing the legal aid commission\n (2) An AFP member, or a legal representative of the Australian Federal Police, must:\n (a) in writing, inform the chief executive officer of the relevant legal aid commission of the request; and\n (b) give the relevant legal aid commission the following information (if any) that the AFP member or legal representative has:\n (i) the young person’s name;\n (ii) the young person’s residential address;\n (iii) the young person’s contact details, including a telephone number and an email address;\n (iv) the young person’s date of birth;\n (v) the name, residential address and contact details of at least one parent or guardian of the young person;\n (vi) if the young person requires assistance with communication—information about the assistance required.\n\nNote: For subparagraph (b)(vi), a person may need assistance with communication because, for example, the young person is deaf or hearing impaired, is unable to read, has a mental impairment, or requires an interpreter.\n\n Informing the young person\n (3) An AFP member must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the relevant legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information (if any) that the AFP member has:\n (i) the name of the legal aid commission;\n (ii) the legal aid commission’s business address (not being a post box);\n (iii) the legal aid commission’s contact details, including a telephone number and an email address;\n (iv) any other information about the legal aid commission provided by the issuing court; and\n (c) ensure that the young person understands the information provided to them under paragraphs (a) and (b) (taking into account the person’s age, language skills, mental capacity and any other relevant factor).\n (4) Subregulation (3) does not apply if the actions of the young person make it impracticable for the AFP member to comply with that subregulation.\n Informing a parent or guardian of the young person\n (5) An AFP member must take reasonable steps to:\n (a) inform at least one parent or guardian of the young person of the request; and\n (b) give the parent or guardian the relevant legal aid commission’s contact details (including the details mentioned in paragraph (3)(b)).\n (6) The AFP member or legal representative complying with subregulation (2), (3) or (5) must do so as soon as practicable after the issuing court decides to make the request and at least 48 hours before the next day when the court will conduct proceedings relating to the control order.\n\n### Division 2—Preventative detention orders\n\n#### 4 Preventative detention orders—corresponding State preventative detention law\n\n (1) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, a law of a State or Territory that is set out in Part 1 of Schedule 1 is declared to correspond to Division 105 of the Code.\n (2) For the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, particular provisions of a law of a State or Territory that are set out in Part 2 of Schedule 1 are declared to correspond to Division 105 of the Code.\n\n#### 4A Continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 105A.15A(3)(a) of the Code, the following matters are prescribed as matters that a Supreme Court of a State or Territory may take into account in determining whether circumstances are beyond an offender’s control in relation to a continuing detention order proceeding:\n (a) an offender’s financial circumstances;\n (b) whether an offender has engaged in unreasonable conduct during the proceeding that has contributed to the offender’s inability to afford any or all of the costs and expenses of obtaining legal representation for the proceeding;\n (c) both of the following:\n (i) whether an offender has made any efforts to obtain legal aid or legal assistance;\n (ii) the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 4B Continuing detention orders—sharing information\n\n The following persons are prescribed for the purposes of subsections 105A.19(1) and (3) of the Code:\n (a) a senior executive AFP employee or an AFP employee who is acting as, or performing the duties of, a senior executive AFP employee (all within the meaning of the Australian Federal Police Act 1979);\n (b) a member of the police force or police service of a State or Territory;\n (c) an officer or employee of a State or Territory, or of an authority of a State or Territory, whose duties relate to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (d) a person who provides services for, or on behalf of:\n (i) a State or Territory; or\n (ii) an authority of a State or Territory;\n in relation to corrective services (including prison medical, psychological and psychiatric services), justice or parole;\n (e) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (f) a member of the staff of the Office of the Director of Public Prosecutions (within the meaning of the Director of Public Prosecutions Act 1983) or of a similar body established under a law of a State or Territory;\n (g) the Director‑General of the Australian Security Intelligence Organisation, a Deputy Director‑General of the Australian Security Intelligence Organisation, an ASIO employee or an ASIO affiliate (all within the meaning of the Australian Security Intelligence Organisation Act 1979);\n (h) an employee of a Department administered by the Minister responsible for administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007.\n\n## Part 3—Dangers to the community\n\n### Division 1—Cross‑border firearms trafficking\n\n#### 5 Cross‑border firearms trafficking\n\n For the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the Acts, and any regulations made under those Acts, mentioned in Schedule 2 are prescribed.\n\n### Division 2—Serious drugs and precursors\n\n#### 5A Controlled drugs\n\n (1) For paragraph 301.1(1)(a) of the Code, a drug listed in column 1 of an item in Schedule 3 is a controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 3 is the commercial quantity of the controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 3 is the marketable quantity of the controlled drug listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity listed in column 4 of an item in Schedule 3 is the trafficable quantity of the controlled drug listed in column 1 of that item.\n\n#### 5B Controlled plants\n\n (1) For paragraph 301.2(1)(a) of the Code, a growing plant listed in column 1 of an item in the following table is a controlled plant.\n\n```html\n

Controlled plants and quantities

Item

Column 1

Column 2

Column 3

Column 4

Controlled plant

Commercial quantity

Marketable quantity

Trafficable quantity

1

Any plant of the genus Cannabis

250 kg or
1,000 plants

25 kg or
100 plants

250 g or
10 plants

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the controlled plant listed in column 1 of that item.\n (4) For paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity listed in column 4 of an item in the table in subregulation (1) is the trafficable quantity of the controlled plant listed in column 1 of that item.\n\n#### 5C Controlled precursors\n\n (1) For paragraph 301.3(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a controlled precursor.\n\n```html\n

Controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

8

Phenylacetic acid

4.05

1,350.0

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

2.03

675.0

11

Piperonal

1.6

320.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table is also a controlled precursor: see paragraph 301.3(b) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the controlled precursor listed in column 1 of that item.\n\n#### 5D Border controlled drugs\n\n (1) For paragraph 301.4(a) of the Code, a drug listed in column 1 of an item in Schedule 4 is a border controlled drug.\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity listed in column 2 of an item in Schedule 4 is the commercial quantity of the border controlled drug listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity listed in column 3 of an item in Schedule 4 is the marketable quantity of the border controlled drug listed in column 1 of that item.\n\n#### 5E Border controlled plants\n\n (1) For paragraph 301.5(a) of the Code, a growing plant listed in column 1 of an item in the following table is a border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

Column 1

Column 2

Column 3

Border controlled plant

Commercial quantity

Marketable quantity

1

Any plant of the genus Cannabis

250 kg or 1,000 plants

25 kg or 100 plants

2

Any plant of the genus Erythroxylon (also known as Erythroxylum) from which cocaine can be extracted either directly or by chemical transformation

80 kg

3

Any plant of the genus Lophophora

4

Any plant of the species Papaver bracteatum

10 kg

5

Any plant of the species Papaver somniferum

10 kg

6

Any plant of the species Piptagenia peregrine

7

Any plant of the species Psilocybe

\n```\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) listed in column 2 of an item in the table in subregulation (1) is a commercial quantity of the border controlled plant listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) listed in column 3 of an item in the table in subregulation (1) is a marketable quantity of the border controlled plant listed in column 1 of that item.\n\n#### 5F Border controlled precursors\n\n (1) For paragraph 301.6(1)(a) of the Code, a precursor listed in column 1 of an item in the following table is a border controlled precursor.\n\n```html\n

Border controlled precursors and quantities

Item

Column 1

Column 2

Column 3

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

2

Any plant of the species Ephedra

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

9

Phenylacetic acid

4.05

10.8

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

2.03

5.4

12

Piperonal

1.6

1.6

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

\n```\n\n> Note: A salt or ester of a precursor listed in column 1 of the table and an immediate precursor of a precursor listed in column 1 of the table is a border controlled precursor: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n (2) For paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) listed in column 2 of an item in the table in subregulation (1) is the commercial quantity of the border controlled precursor listed in column 1 of that item.\n (3) For paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) listed in column 3 of an item in the table in subregulation (1) is the marketable quantity of the border controlled precursor listed in column 1 of that item.\n\n### Division 3—Psychoactive substances\n\n#### 5G Importing psychoactive substances\n\n (1) For paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n#### 5H Importing substances represented to be serious drug alternatives\n\n (1) For paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.\n\n## Part 4—National infrastructure\n\n#### 6 Dangerous goods\n\n For subparagraph 471.15(1)(b)(ii) of the Code, the following substances and things must not, without exception, be carried by post:\n (a) gas that is so toxic or corrosive to humans as to pose a hazard to health;\n (b) a thermally unstable substance that is likely to undergo a strongly exothermic decomposition;\n (c) a substance that ignites or self‑heats when in contact with air.\n\n## Part 5—Application and transitional provisions\n\n#### 7 Application of the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017\n\n (1) The amendments made by items 1 and 2 of Schedule 1 to the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017 apply in relation to the parts of a proceeding that occur after the commencement of that instrument if:\n (a) the proceeding commenced before or after the commencement of that instrument; and\n (b) the proceeding relates to a control order made on or after 30 November 2016; and\n (c) the control order was, or is, requested (however described) on or after 30 November 2016.\n (2) To avoid doubt, those amendments apply in accordance with subregulation (1) regardless of when the conduct to which that request relates occurred or occurs.\n\n> Note: The conduct may have occurred before or after 30 November 2016.","sortOrder":22},{"sectionNumber":"5G","sectionType":"section","heading":"Importing psychoactive substances","content":"#### 5G Importing psychoactive substances\n\n (1) For paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.","sortOrder":23},{"sectionNumber":"5H","sectionType":"section","heading":"Importing substances represented to be serious drug alternatives","content":"#### 5H Importing substances represented to be serious drug alternatives\n\n (1) For paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.\n (2) For the purpose of subregulation (1), the conditions are that:\n (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and\n (b) the importer:\n (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or\n (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and\n (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:\n (i) the identity and amount of the substance being imported; and\n (ii) the purpose of the importation; and\n (iii) a 30‑day period during which the importation is likely to occur; and\n (iv) the importer’s name and import licence number; and\n (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (3) For the purpose of paragraph (2)(c), the Health Secretary may determine:\n (a) information to be included in a notice; and\n (b) the way a notice may be given to the Health Secretary or an authorised person.\n (4) In this regulation:\n\n> drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.","sortOrder":24},{"sectionNumber":"Part 4","sectionType":"part","heading":"National infrastructure","content":"## Part 4—National infrastructure","sortOrder":25},{"sectionNumber":"6","sectionType":"section","heading":"Dangerous goods","content":"#### 6 Dangerous goods\n\n For subparagraph 471.15(1)(b)(ii) of the Code, the following substances and things must not, without exception, be carried by post:\n (a) gas that is so toxic or corrosive to humans as to pose a hazard to health;\n (b) a thermally unstable substance that is likely to undergo a strongly exothermic decomposition;\n (c) a substance that ignites or self‑heats when in contact with air.","sortOrder":26},{"sectionNumber":"Part 5","sectionType":"part","heading":"Application and transitional provisions","content":"## Part 5—Application and transitional provisions","sortOrder":27},{"sectionNumber":"7","sectionType":"section","heading":"Application of the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017","content":"#### 7 Application of the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017\n\n (1) The amendments made by items 1 and 2 of Schedule 1 to the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017 apply in relation to the parts of a proceeding that occur after the commencement of that instrument if:\n (a) the proceeding commenced before or after the commencement of that instrument; and\n (b) the proceeding relates to a control order made on or after 30 November 2016; and\n (c) the control order was, or is, requested (however described) on or after 30 November 2016.\n (2) To avoid doubt, those amendments apply in accordance with subregulation (1) regardless of when the conduct to which that request relates occurred or occurs.\n\n> Note: The conduct may have occurred before or after 30 November 2016.","sortOrder":28}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2770},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2002 scope. Initially focused primarily on drug quantity thresholds and firearms trafficking, it now encompasses detailed counter-terrorism procedures (control orders for minors from 2017 amendments, continuing detention orders), complex psychoactive substance importation schemes, and national infrastructure protections. This reflects the broadening of the Criminal Code itself to include terrorism offences and the regulation's role in operationalising these powers."},"complexity_factors":["Extensive cross-referencing to the Criminal Code Act 1995 (e.g., 'subsection 104.28(6) of the Code') requiring simultaneous reading of both documents","Jurisdictional specificity with 6 different definitions for Legal Aid Commission CEOs across states and territories","Precise quantitative thresholds for 13+ chemical precursors with exact gram/kilogram distinctions (e.g., 0.006kg vs 0.15g for ergometrine)","Dual classification systems creating overlapping offences (controlled drugs vs border controlled drugs vs controlled precursors vs border controlled precursors)","Nested conditional logic for importation exemptions requiring multiple qualifying conditions (licence + specific entity + 30-day notice)","Integration with other legislative schemes including the Customs (Prohibited Imports) Regulations 1956 and Australian Security Intelligence Organisation Act 1979"],"plain_english_summary":"**What it is:** These are the detailed rules that sit under Australia's main Criminal Code Act 1995, filling in specific numbers, procedures, and exceptions that the main law refers to but doesn't specify.\n\n**What it does:**\n\n**1. Sets drug trafficking thresholds**\nThe regulation defines exactly how much of a drug or chemical you need to possess before it becomes a more serious offence. It uses three tiers:\n- **Trafficable quantity**: The amount where the law assumes you're selling (e.g., 250g or 10 cannabis plants)\n- **Marketable quantity**: Mid-tier serious offending (e.g., 25kg or 100 cannabis plants)\n- **Commercial quantity**: Large-scale trafficking (e.g., 250kg or 1,000 cannabis plants)\n\nThese apply to illegal drugs (cannabis, coca plants, poppies, magic mushrooms) and precursor chemicals used to manufacture drugs like methamphetamine (including ephedrine, pseudoephedrine, and lysergic acid).\n\n**2. Protects young people in terrorism proceedings**\nIf a court issues a \"control order\" (restrictions on movement/communication for people suspected of terrorism) against someone aged 14-17, this regulation:\n- Requires courts to arrange free legal representation through Legal Aid\n- Makes Federal Police notify the young person, their parents, and Legal Aid at least 48 hours before any court hearing\n- Ensures communication assistance for those with disabilities or language barriers\n\n**3. Allows scientific and police imports of psychoactive substances**\nWhile importing \"designer drugs\" or substances that mimic illegal drugs is generally banned, the regulation creates a strict licensing system allowing importation by:\n- Police forensics laboratories\n- Medical and scientific research facilities\n- Law enforcement agencies\nImporters must hold a special licence and give 30 days written notice to the Health Secretary.\n\n**4. Bans dangerous goods from the post**\nProhibits sending extremely toxic gases, explosive chemicals, or substances that ignite on contact with air through the Australian postal system.\n\n**Who it affects:** Teenagers subject to terrorism-related court orders, state Legal Aid commissions, drug enforcement agencies, scientific researchers, and postal operators.\n\n**Why it matters:** These regulations determine the difference between simple possession and serious trafficking charges, ensure minors have proper legal representation in terrorism proceedings, and allow legitimate scientific research while controlling dangerous substances."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-code-regulations-2002","history":"/api/acts/criminal-code-regulations-2002/history","analysis":"/api/acts/criminal-code-regulations-2002/analysis","conflicts":"/api/acts/criminal-code-regulations-2002/conflicts","importantCases":"/api/acts/criminal-code-regulations-2002/important-cases","documents":"/api/acts/criminal-code-regulations-2002/documents"}}