{"id":"F2019L00561","name":"Criminal Code Regulations 2019","slug":"criminal-code-regulations-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99149,"registerId":"commonwealth-F2019L00561-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Criminal Code Regulations 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Criminal Code Act 1995.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person who is 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, Victoria, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (c) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (d) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (e) for the Northern Territory—Director of Legal Aid under the Legal Aid Act 1990 (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 Secretary means the Secretary of the Department administered by the Minister administering the Therapeutic Goods Act 1989.\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> young person means a person who is at least 14 but under 18.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"The security of the Commonwealth","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Criminal Code Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Criminal Code Act 1995.\n\n#### 4 Definitions\n\n In this instrument:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person who is 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, Victoria, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (c) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (d) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (e) for the Northern Territory—Director of Legal Aid under the Legal Aid Act 1990 (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 Secretary means the Secretary of the Department administered by the Minister administering the Therapeutic Goods Act 1989.\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> young person means a person who is at least 14 but under 18.\n\n## Part 2—The security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 5 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 to act for a young person in relation to proceedings relating to a control order.\n\n#### 6 Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission to arrange the legal representation of a young person in proceedings relating to a control order.\n\n#### 7 AFP to inform relevant persons of request and contact details\n\n (1) This section applies if an issuing court requests a legal aid commission under section 6 to arrange the legal representation of a young person in proceedings relating to a control order.\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 legal aid commission of the request; and\n (b) give the legal aid commission the following information 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 young person may need assistance with communication because, for example, the 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, or a legal representative of the Australian Federal Police, must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information that the AFP member or legal representative 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) Subsection (3) does not apply if the actions of the young person make it impracticable for the AFP member or legal representative to comply with that subsection.\n Informing a parent or guardian of the young person\n (5) An AFP member, or a legal representative of the Australian Federal Police, 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 information about the legal aid commission that is required to be provided to the young person under paragraph (3)(b).\n Timing\n (6) An AFP member or legal representative of the Australian Federal Police complying with subsection (2), (3) or (5) must do so as soon as practicable after the issuing court makes 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#### 8 Corresponding State preventative detention laws\n\n For the purposes of the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, the following are declared to correspond to Division 105 of the Code:\n (a) Part 2A of the Terrorism (Police Powers) Act 2002 (NSW);\n (b) Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.);\n (c) the Terrorism (Preventative Detention) Act 2005 (Qld);\n (d) the Terrorism (Preventative Detention) Act 2006 (WA);\n (e) the Terrorism (Preventative Detention) Act 2005 (SA);\n (f) the Terrorism (Preventative Detention) Act 2005 (Tas.);\n (g) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT);\n (h) Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).\n\n### Division 3—Continuing detention orders\n\n#### 9 Terrorist offender unable to engage legal representative in 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) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 10 Sharing information—prescribed persons\n\n For the purposes of subsections 105A.19(1) and (3) of the Code, the following persons are prescribed:\n (a) an AFP employee (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 (da) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a post‑sentence order or an interim post‑sentence order is in force in relation to the service recipient; or\n (ii) the AFP Minister has made, or is considering making, an application for a post‑sentence order or an interim post‑sentence order in relation to the service recipient;\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 Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (h) an APS employee of a Department administered by the Minister administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007; or\n (iii) the Australian Passports Act 2005;\n (i) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (j) a person who is a relevant expert and who is:\n (i) appointed by the AFP Minister under section 105A.18D of the Code; or\n (ii) otherwise engaged, by the AFP Minister, or a person on behalf of the AFP Minister;\n to assess the risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence (all within the meaning of Division 105A of the Code) for the purposes of that Division (whether or not an application for a post‑sentence order has been made).\n\n## Part 3—Dangers to the community\n\n### Division 1—Serious drugs and precursors\n\n#### 11 Controlled drugs\n\n Each item of the table in clause 1 of Schedule 1 lists:\n (a) for the purposes of paragraph 301.1(1)(a) of the Code, a substance that is a controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the controlled drug; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity that is the trafficable quantity of the controlled drug.\n\n#### 12 Controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.2(1)(a) of the Code, a growing plant that is a controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity that is a commercial quantity of the controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity that is a marketable quantity of the controlled plant; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity that is a trafficable quantity of the controlled plant.\n\n```html\n

Controlled plants and quantities

Item

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#### 13 Controlled precursors\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.3(1)(a) of the Code, a substance that is a controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table is also a controlled precursor: see paragraph 301.3(1)(b) of the Code.\n\n```html\n

Controlled precursors and quantities

Item

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1A

Alpha‑Phenylacetoacetamide (APAA)

2.75

915.0

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

587.0

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

2.77

1D

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

1E

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

1F

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

1,585.0

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

3A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

1,094.0

3B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

261.0

3C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

1,051.0

3D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

3E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

3F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

3G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

5A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

1,020.0

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

6AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

266.0

6A

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

292.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

7A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

246.0

7B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

980.0

7BA

Norfentanyl

0.006

2.8

7C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

4.0

8

Phenylacetic acid

4.05

1,350.0

8AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

1,531.0

8A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

1,720.0

8B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

3.8

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

1.04

340.0

10A

Phenyl‑2‑propanone bisulphite

2.64

880.0

10B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

737.0

10C

4‑Piperidone

0.008

3.8

11

Piperonal

1.6

320.0

11A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

11B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

14

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

15

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

16

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

7.6

17

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

18

tert‑Butyl 4‑(phenylamino)piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

7.3

19

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

\n```\n\n#### 14 Border controlled drugs\n\n (1) Each item of the table in subclause 1(1) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) of the Code, a substance that is a border controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n Restricted listing\n (2) Each item of the table in subclause 1(2) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) and subsection 301.4(2) of the Code, a substance that is taken to be a border controlled drug only in relation to the following:\n (i) an offence against subsection 307.1(1), 307.2(1), 307.3(1) or 307.4(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 307.5(1), 307.6(1), 307.7(1), 307.8(1), 307.9(1) or 307.10(1) of the Code;\n (iii) an offence against subsection 309.12(1) or 309.13(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n\n#### 15 Border controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.5(1)(a) of the Code, a growing plant that is a border controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) that is a commercial quantity of the border controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) that is a marketable quantity of the border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

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#### 16 Border controlled precursors\n\n (1) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) of the Code, a substance that is a border controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the border controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table and an immediate precursor of a substance listed in the table are also border controlled precursors: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n```html\n

Border controlled precursors and quantities

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

1A

Alpha‑Phenylacetoacetamide (APAA)

2.74

7.3

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

4.7

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

0.006

2

Any plant of the species Ephedra

2AA

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

2AB

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

2A

Chloroephedrine

1.153

3.07

2B

Chloropseudoephedrine

1.153

3.07

2C

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

12.7

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

5A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

8.8

5B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

13.0

5C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

8.5

5D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

5E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

5F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

5G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

7A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

8.2

7AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

13.3

7B

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

14.6

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

8A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

12.3

8B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

7.9

8BA

Norfentanyl

0.006

0.006

8C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

0.008

9

Phenylacetic acid

4.05

10.8

9AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

12.2

9A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

13.7

9B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

0.008

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

1.04

2.7

11A

Phenyl‑2‑propanone bisulphite

2.64

7.04

11B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

5.9

11C

4‑Piperidone

0.008

0.008

12

Piperonal

1.6

1.6

12A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

12B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

15

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

16

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

17

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

0.015

18

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

19

tert‑Butyl 4‑(phenylamino) piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

0.015

20

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

\n```\n\n Restricted listing\n (2) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) and subsection 301.6(1A) of the Code, a substance that is taken to be a border controlled precursor only in relation to the following:\n (i) an offence against subsection 307.11(1), 307.12(1) or 307.13(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 309.14(1) or 309.15(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled precursor.\n\n> Note: For a salt, ester or immediate precursor of a substance listed in the table, see paragraphs 301.6(1)(b) and (c) and subsection 301.6(1B) of the Code.\n\n```html\n

Border controlled precursors and quantities—restricted listing

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Alpha‑Methyl‑1,3‑benzodioxole‑5‑propanal (Helional)

1.0

1.0

2

Benzaldehyde

1.85

4.8

3

Hypophosphorous acid (Phosphinic acid)

1.2

3.2

4

Iodine

1.2

3.2

5

Methylamine

0.6

1.6

\n```\n\n### Division 2—Psychoactive substances\n\n#### 17 Importing psychoactive substances\n\n For the purposes of paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 18 Importing substances represented to be serious drug alternatives\n\n For the purposes of paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 19 Conditions for importing certain substances\n\n (1) For the purposes of sections 17 and 18, 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 is covered by subsection (2); 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 paragraph (2)(a), (d), (e) or (f) applies and the importer is employed by the body mentioned in the applicable paragraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (2) For the purposes of paragraph (1)(b), the importer is covered by this subsection if:\n (a) the importer is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (b) the importer 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 (c) the importer 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 (d) the importer is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (e) the importer is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (f) all of the following apply:\n (i) the importer is, or is employed by, an entity that imports drugs (within the meaning of subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956) on behalf of a person or body mentioned in paragraph (a), (b), (c), (d) or (e);\n (ii) the person or body holds a licence of a kind mentioned in paragraph (1)(a);\n (iii) the importer is importing the substance at the written request of the person or body.\n (3) For the purposes of paragraph (1)(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\n### Division 3—Cross‑border firearms trafficking\n\n#### 20 Firearm law\n\n For the purposes of the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the following laws are prescribed:\n (a) the Firearms Act 1996 (NSW);\n (b) the Firearms Act 1996 (Vic.);\n (c) the Weapons Act 1990 (Qld);\n (d) the Firearms Act 1973 (WA);\n (e) the Firearms Act 2015 (SA);\n (f) the Firearms Act 1996 (Tas.);\n (g) the Firearms Act 1996 (ACT);\n (h) the Firearms Act 1997 (NT);\n (i) the Firearms and Prohibited Weapons Act 1997 (Norfolk Island);\n (j) any regulations made under any of the Acts referred to in paragraphs (a) to (i).\n\n### Division 4—Community safety orders\n\n#### 20A Serious offender unable to engage legal representative in community safety order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 395.34(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 a serious offender’s control in relation to a community safety order proceeding:\n (a) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 20B Sharing information—prescribed persons\n\n For the purposes of subsections 395.44(1) and (4) of the Code, the following persons are prescribed:\n (a) an AFP employee (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) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a community safety order is in force in relation to the service recipient; or\n (ii) the Immigration Minister has made, or is considering making, an application for a community safety order in relation to the service recipient;\n (f) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (g) 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 (h) the Director‑General of Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (i) an APS employee in a Department administered by:\n (i) the Immigration Minister; or\n (ii) the Minister administering the Australian Passports Act 2005;\n (j) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (k) a person who is a relevant expert and who is:\n (i) appointed by the Immigration Minister under section 395.43 of the Code; or\n (ii) otherwise engaged by the Immigration Minister, or a person on behalf of the Immigration Minister;\n to assess the risk of a serious offender committing a serious violent or sexual offence for the purposes of Division 395 of the Code (whether or not an application for a community safety order has been made);\n (l) a person who is engaged as a consultant or contractor to perform services for the Department administered by the Immigration Minister;\n (m) a person who is:\n (i) engaged or employed by a person to whom paragraph (l) or this paragraph applies; and\n (ii) performing services for the Department administered by the Immigration Minister in connection with that engagement or employment.\n\n## Part 4—National infrastructure\n\n#### 21 Dangerous or harmful substances and things that must not be carried by post\n\n For the purposes of subparagraph 471.15(1)(b)(ii) of the Code, the following are dangerous or harmful substances or things that 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, saving and transitional provisions\n\n### Division 1—Provisions for this instrument as originally made\n\n#### 22 Things done under the Criminal Code Regulations 2002\n\n (1) If:\n (a) a thing was done for a particular purpose under the Criminal Code Regulations 2002 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.\n\n#### 23 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this section commences.\n (2) This section does not limit section 22 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Control orders","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Criminal Code Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Criminal Code Act 1995.\n\n#### 4 Definitions\n\n In this instrument:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person who is 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, Victoria, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (c) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (d) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (e) for the Northern Territory—Director of Legal Aid under the Legal Aid Act 1990 (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 Secretary means the Secretary of the Department administered by the Minister administering the Therapeutic Goods Act 1989.\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> young person means a person who is at least 14 but under 18.\n\n## Part 2—The security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 5 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 to act for a young person in relation to proceedings relating to a control order.\n\n#### 6 Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission to arrange the legal representation of a young person in proceedings relating to a control order.\n\n#### 7 AFP to inform relevant persons of request and contact details\n\n (1) This section applies if an issuing court requests a legal aid commission under section 6 to arrange the legal representation of a young person in proceedings relating to a control order.\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 legal aid commission of the request; and\n (b) give the legal aid commission the following information 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 young person may need assistance with communication because, for example, the 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, or a legal representative of the Australian Federal Police, must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information that the AFP member or legal representative 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) Subsection (3) does not apply if the actions of the young person make it impracticable for the AFP member or legal representative to comply with that subsection.\n Informing a parent or guardian of the young person\n (5) An AFP member, or a legal representative of the Australian Federal Police, 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 information about the legal aid commission that is required to be provided to the young person under paragraph (3)(b).\n Timing\n (6) An AFP member or legal representative of the Australian Federal Police complying with subsection (2), (3) or (5) must do so as soon as practicable after the issuing court makes 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#### 8 Corresponding State preventative detention laws\n\n For the purposes of the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, the following are declared to correspond to Division 105 of the Code:\n (a) Part 2A of the Terrorism (Police Powers) Act 2002 (NSW);\n (b) Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.);\n (c) the Terrorism (Preventative Detention) Act 2005 (Qld);\n (d) the Terrorism (Preventative Detention) Act 2006 (WA);\n (e) the Terrorism (Preventative Detention) Act 2005 (SA);\n (f) the Terrorism (Preventative Detention) Act 2005 (Tas.);\n (g) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT);\n (h) Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).\n\n### Division 3—Continuing detention orders\n\n#### 9 Terrorist offender unable to engage legal representative in 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) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 10 Sharing information—prescribed persons\n\n For the purposes of subsections 105A.19(1) and (3) of the Code, the following persons are prescribed:\n (a) an AFP employee (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 (da) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a post‑sentence order or an interim post‑sentence order is in force in relation to the service recipient; or\n (ii) the AFP Minister has made, or is considering making, an application for a post‑sentence order or an interim post‑sentence order in relation to the service recipient;\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 Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (h) an APS employee of a Department administered by the Minister administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007; or\n (iii) the Australian Passports Act 2005;\n (i) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (j) a person who is a relevant expert and who is:\n (i) appointed by the AFP Minister under section 105A.18D of the Code; or\n (ii) otherwise engaged, by the AFP Minister, or a person on behalf of the AFP Minister;\n to assess the risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence (all within the meaning of Division 105A of the Code) for the purposes of that Division (whether or not an application for a post‑sentence order has been made).\n\n## Part 3—Dangers to the community\n\n### Division 1—Serious drugs and precursors\n\n#### 11 Controlled drugs\n\n Each item of the table in clause 1 of Schedule 1 lists:\n (a) for the purposes of paragraph 301.1(1)(a) of the Code, a substance that is a controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the controlled drug; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity that is the trafficable quantity of the controlled drug.\n\n#### 12 Controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.2(1)(a) of the Code, a growing plant that is a controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity that is a commercial quantity of the controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity that is a marketable quantity of the controlled plant; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity that is a trafficable quantity of the controlled plant.\n\n```html\n

Controlled plants and quantities

Item

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#### 13 Controlled precursors\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.3(1)(a) of the Code, a substance that is a controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table is also a controlled precursor: see paragraph 301.3(1)(b) of the Code.\n\n```html\n

Controlled precursors and quantities

Item

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1A

Alpha‑Phenylacetoacetamide (APAA)

2.75

915.0

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

587.0

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

2.77

1D

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

1E

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

1F

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

1,585.0

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

3A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

1,094.0

3B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

261.0

3C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

1,051.0

3D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

3E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

3F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

3G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

5A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

1,020.0

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

6AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

266.0

6A

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

292.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

7A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

246.0

7B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

980.0

7BA

Norfentanyl

0.006

2.8

7C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

4.0

8

Phenylacetic acid

4.05

1,350.0

8AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

1,531.0

8A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

1,720.0

8B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

3.8

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

1.04

340.0

10A

Phenyl‑2‑propanone bisulphite

2.64

880.0

10B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

737.0

10C

4‑Piperidone

0.008

3.8

11

Piperonal

1.6

320.0

11A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

11B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

14

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

15

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

16

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

7.6

17

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

18

tert‑Butyl 4‑(phenylamino)piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

7.3

19

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

\n```\n\n#### 14 Border controlled drugs\n\n (1) Each item of the table in subclause 1(1) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) of the Code, a substance that is a border controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n Restricted listing\n (2) Each item of the table in subclause 1(2) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) and subsection 301.4(2) of the Code, a substance that is taken to be a border controlled drug only in relation to the following:\n (i) an offence against subsection 307.1(1), 307.2(1), 307.3(1) or 307.4(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 307.5(1), 307.6(1), 307.7(1), 307.8(1), 307.9(1) or 307.10(1) of the Code;\n (iii) an offence against subsection 309.12(1) or 309.13(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n\n#### 15 Border controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.5(1)(a) of the Code, a growing plant that is a border controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) that is a commercial quantity of the border controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) that is a marketable quantity of the border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

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#### 16 Border controlled precursors\n\n (1) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) of the Code, a substance that is a border controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the border controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table and an immediate precursor of a substance listed in the table are also border controlled precursors: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n```html\n

Border controlled precursors and quantities

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

1A

Alpha‑Phenylacetoacetamide (APAA)

2.74

7.3

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

4.7

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

0.006

2

Any plant of the species Ephedra

2AA

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

2AB

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

2A

Chloroephedrine

1.153

3.07

2B

Chloropseudoephedrine

1.153

3.07

2C

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

12.7

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

5A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

8.8

5B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

13.0

5C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

8.5

5D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

5E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

5F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

5G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

7A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

8.2

7AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

13.3

7B

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

14.6

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

8A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

12.3

8B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

7.9

8BA

Norfentanyl

0.006

0.006

8C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

0.008

9

Phenylacetic acid

4.05

10.8

9AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

12.2

9A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

13.7

9B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

0.008

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

1.04

2.7

11A

Phenyl‑2‑propanone bisulphite

2.64

7.04

11B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

5.9

11C

4‑Piperidone

0.008

0.008

12

Piperonal

1.6

1.6

12A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

12B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

15

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

16

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

17

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

0.015

18

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

19

tert‑Butyl 4‑(phenylamino) piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

0.015

20

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

\n```\n\n Restricted listing\n (2) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) and subsection 301.6(1A) of the Code, a substance that is taken to be a border controlled precursor only in relation to the following:\n (i) an offence against subsection 307.11(1), 307.12(1) or 307.13(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 309.14(1) or 309.15(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled precursor.\n\n> Note: For a salt, ester or immediate precursor of a substance listed in the table, see paragraphs 301.6(1)(b) and (c) and subsection 301.6(1B) of the Code.\n\n```html\n

Border controlled precursors and quantities—restricted listing

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Alpha‑Methyl‑1,3‑benzodioxole‑5‑propanal (Helional)

1.0

1.0

2

Benzaldehyde

1.85

4.8

3

Hypophosphorous acid (Phosphinic acid)

1.2

3.2

4

Iodine

1.2

3.2

5

Methylamine

0.6

1.6

\n```\n\n### Division 2—Psychoactive substances\n\n#### 17 Importing psychoactive substances\n\n For the purposes of paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 18 Importing substances represented to be serious drug alternatives\n\n For the purposes of paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 19 Conditions for importing certain substances\n\n (1) For the purposes of sections 17 and 18, 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 is covered by subsection (2); 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 paragraph (2)(a), (d), (e) or (f) applies and the importer is employed by the body mentioned in the applicable paragraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (2) For the purposes of paragraph (1)(b), the importer is covered by this subsection if:\n (a) the importer is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (b) the importer 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 (c) the importer 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 (d) the importer is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (e) the importer is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (f) all of the following apply:\n (i) the importer is, or is employed by, an entity that imports drugs (within the meaning of subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956) on behalf of a person or body mentioned in paragraph (a), (b), (c), (d) or (e);\n (ii) the person or body holds a licence of a kind mentioned in paragraph (1)(a);\n (iii) the importer is importing the substance at the written request of the person or body.\n (3) For the purposes of paragraph (1)(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\n### Division 3—Cross‑border firearms trafficking\n\n#### 20 Firearm law\n\n For the purposes of the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the following laws are prescribed:\n (a) the Firearms Act 1996 (NSW);\n (b) the Firearms Act 1996 (Vic.);\n (c) the Weapons Act 1990 (Qld);\n (d) the Firearms Act 1973 (WA);\n (e) the Firearms Act 2015 (SA);\n (f) the Firearms Act 1996 (Tas.);\n (g) the Firearms Act 1996 (ACT);\n (h) the Firearms Act 1997 (NT);\n (i) the Firearms and Prohibited Weapons Act 1997 (Norfolk Island);\n (j) any regulations made under any of the Acts referred to in paragraphs (a) to (i).\n\n### Division 4—Community safety orders\n\n#### 20A Serious offender unable to engage legal representative in community safety order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 395.34(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 a serious offender’s control in relation to a community safety order proceeding:\n (a) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 20B Sharing information—prescribed persons\n\n For the purposes of subsections 395.44(1) and (4) of the Code, the following persons are prescribed:\n (a) an AFP employee (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) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a community safety order is in force in relation to the service recipient; or\n (ii) the Immigration Minister has made, or is considering making, an application for a community safety order in relation to the service recipient;\n (f) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (g) 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 (h) the Director‑General of Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (i) an APS employee in a Department administered by:\n (i) the Immigration Minister; or\n (ii) the Minister administering the Australian Passports Act 2005;\n (j) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (k) a person who is a relevant expert and who is:\n (i) appointed by the Immigration Minister under section 395.43 of the Code; or\n (ii) otherwise engaged by the Immigration Minister, or a person on behalf of the Immigration Minister;\n to assess the risk of a serious offender committing a serious violent or sexual offence for the purposes of Division 395 of the Code (whether or not an application for a community safety order has been made);\n (l) a person who is engaged as a consultant or contractor to perform services for the Department administered by the Immigration Minister;\n (m) a person who is:\n (i) engaged or employed by a person to whom paragraph (l) or this paragraph applies; and\n (ii) performing services for the Department administered by the Immigration Minister in connection with that engagement or employment.\n\n## Part 4—National infrastructure\n\n#### 21 Dangerous or harmful substances and things that must not be carried by post\n\n For the purposes of subparagraph 471.15(1)(b)(ii) of the Code, the following are dangerous or harmful substances or things that 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, saving and transitional provisions\n\n### Division 1—Provisions for this instrument as originally made\n\n#### 22 Things done under the Criminal Code Regulations 2002\n\n (1) If:\n (a) a thing was done for a particular purpose under the Criminal Code Regulations 2002 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.\n\n#### 23 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this section commences.\n (2) This section does not limit section 22 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Legal representation for young people","content":"#### 5 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 to act for a young person in relation to proceedings relating to a control order.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Court may request legal aid commission to arrange representation","content":"#### 6 Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission to arrange the legal representation of a young person in proceedings relating to a control order.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"AFP to inform relevant persons of request and contact details","content":"#### 7 AFP to inform relevant persons of request and contact details\n\n (1) This section applies if an issuing court requests a legal aid commission under section 6 to arrange the legal representation of a young person in proceedings relating to a control order.\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 legal aid commission of the request; and\n (b) give the legal aid commission the following information 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 young person may need assistance with communication because, for example, the 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, or a legal representative of the Australian Federal Police, must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information that the AFP member or legal representative 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) Subsection (3) does not apply if the actions of the young person make it impracticable for the AFP member or legal representative to comply with that subsection.\n Informing a parent or guardian of the young person\n (5) An AFP member, or a legal representative of the Australian Federal Police, 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 information about the legal aid commission that is required to be provided to the young person under paragraph (3)(b).\n Timing\n (6) An AFP member or legal representative of the Australian Federal Police complying with subsection (2), (3) or (5) must do so as soon as practicable after the issuing court makes the request and at least 48 hours before the next day when the court will conduct proceedings relating to the control order.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Preventative detention orders","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Criminal Code Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Criminal Code Act 1995.\n\n#### 4 Definitions\n\n In this instrument:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person who is 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, Victoria, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (c) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (d) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (e) for the Northern Territory—Director of Legal Aid under the Legal Aid Act 1990 (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 Secretary means the Secretary of the Department administered by the Minister administering the Therapeutic Goods Act 1989.\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> young person means a person who is at least 14 but under 18.\n\n## Part 2—The security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 5 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 to act for a young person in relation to proceedings relating to a control order.\n\n#### 6 Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission to arrange the legal representation of a young person in proceedings relating to a control order.\n\n#### 7 AFP to inform relevant persons of request and contact details\n\n (1) This section applies if an issuing court requests a legal aid commission under section 6 to arrange the legal representation of a young person in proceedings relating to a control order.\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 legal aid commission of the request; and\n (b) give the legal aid commission the following information 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 young person may need assistance with communication because, for example, the 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, or a legal representative of the Australian Federal Police, must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information that the AFP member or legal representative 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) Subsection (3) does not apply if the actions of the young person make it impracticable for the AFP member or legal representative to comply with that subsection.\n Informing a parent or guardian of the young person\n (5) An AFP member, or a legal representative of the Australian Federal Police, 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 information about the legal aid commission that is required to be provided to the young person under paragraph (3)(b).\n Timing\n (6) An AFP member or legal representative of the Australian Federal Police complying with subsection (2), (3) or (5) must do so as soon as practicable after the issuing court makes 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#### 8 Corresponding State preventative detention laws\n\n For the purposes of the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, the following are declared to correspond to Division 105 of the Code:\n (a) Part 2A of the Terrorism (Police Powers) Act 2002 (NSW);\n (b) Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.);\n (c) the Terrorism (Preventative Detention) Act 2005 (Qld);\n (d) the Terrorism (Preventative Detention) Act 2006 (WA);\n (e) the Terrorism (Preventative Detention) Act 2005 (SA);\n (f) the Terrorism (Preventative Detention) Act 2005 (Tas.);\n (g) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT);\n (h) Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).\n\n### Division 3—Continuing detention orders\n\n#### 9 Terrorist offender unable to engage legal representative in 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) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 10 Sharing information—prescribed persons\n\n For the purposes of subsections 105A.19(1) and (3) of the Code, the following persons are prescribed:\n (a) an AFP employee (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 (da) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a post‑sentence order or an interim post‑sentence order is in force in relation to the service recipient; or\n (ii) the AFP Minister has made, or is considering making, an application for a post‑sentence order or an interim post‑sentence order in relation to the service recipient;\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 Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (h) an APS employee of a Department administered by the Minister administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007; or\n (iii) the Australian Passports Act 2005;\n (i) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (j) a person who is a relevant expert and who is:\n (i) appointed by the AFP Minister under section 105A.18D of the Code; or\n (ii) otherwise engaged, by the AFP Minister, or a person on behalf of the AFP Minister;\n to assess the risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence (all within the meaning of Division 105A of the Code) for the purposes of that Division (whether or not an application for a post‑sentence order has been made).\n\n## Part 3—Dangers to the community\n\n### Division 1—Serious drugs and precursors\n\n#### 11 Controlled drugs\n\n Each item of the table in clause 1 of Schedule 1 lists:\n (a) for the purposes of paragraph 301.1(1)(a) of the Code, a substance that is a controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the controlled drug; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity that is the trafficable quantity of the controlled drug.\n\n#### 12 Controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.2(1)(a) of the Code, a growing plant that is a controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity that is a commercial quantity of the controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity that is a marketable quantity of the controlled plant; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity that is a trafficable quantity of the controlled plant.\n\n```html\n

Controlled plants and quantities

Item

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#### 13 Controlled precursors\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.3(1)(a) of the Code, a substance that is a controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table is also a controlled precursor: see paragraph 301.3(1)(b) of the Code.\n\n```html\n

Controlled precursors and quantities

Item

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1A

Alpha‑Phenylacetoacetamide (APAA)

2.75

915.0

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

587.0

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

2.77

1D

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

1E

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

1F

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

1,585.0

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

3A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

1,094.0

3B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

261.0

3C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

1,051.0

3D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

3E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

3F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

3G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

5A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

1,020.0

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

6AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

266.0

6A

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

292.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

7A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

246.0

7B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

980.0

7BA

Norfentanyl

0.006

2.8

7C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

4.0

8

Phenylacetic acid

4.05

1,350.0

8AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

1,531.0

8A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

1,720.0

8B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

3.8

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

1.04

340.0

10A

Phenyl‑2‑propanone bisulphite

2.64

880.0

10B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

737.0

10C

4‑Piperidone

0.008

3.8

11

Piperonal

1.6

320.0

11A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

11B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

14

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

15

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

16

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

7.6

17

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

18

tert‑Butyl 4‑(phenylamino)piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

7.3

19

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

\n```\n\n#### 14 Border controlled drugs\n\n (1) Each item of the table in subclause 1(1) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) of the Code, a substance that is a border controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n Restricted listing\n (2) Each item of the table in subclause 1(2) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) and subsection 301.4(2) of the Code, a substance that is taken to be a border controlled drug only in relation to the following:\n (i) an offence against subsection 307.1(1), 307.2(1), 307.3(1) or 307.4(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 307.5(1), 307.6(1), 307.7(1), 307.8(1), 307.9(1) or 307.10(1) of the Code;\n (iii) an offence against subsection 309.12(1) or 309.13(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n\n#### 15 Border controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.5(1)(a) of the Code, a growing plant that is a border controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) that is a commercial quantity of the border controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) that is a marketable quantity of the border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

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#### 16 Border controlled precursors\n\n (1) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) of the Code, a substance that is a border controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the border controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table and an immediate precursor of a substance listed in the table are also border controlled precursors: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n```html\n

Border controlled precursors and quantities

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

1A

Alpha‑Phenylacetoacetamide (APAA)

2.74

7.3

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

4.7

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

0.006

2

Any plant of the species Ephedra

2AA

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

2AB

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

2A

Chloroephedrine

1.153

3.07

2B

Chloropseudoephedrine

1.153

3.07

2C

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

12.7

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

5A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

8.8

5B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

13.0

5C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

8.5

5D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

5E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

5F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

5G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

7A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

8.2

7AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

13.3

7B

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

14.6

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

8A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

12.3

8B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

7.9

8BA

Norfentanyl

0.006

0.006

8C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

0.008

9

Phenylacetic acid

4.05

10.8

9AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

12.2

9A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

13.7

9B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

0.008

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

1.04

2.7

11A

Phenyl‑2‑propanone bisulphite

2.64

7.04

11B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

5.9

11C

4‑Piperidone

0.008

0.008

12

Piperonal

1.6

1.6

12A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

12B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

15

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

16

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

17

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

0.015

18

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

19

tert‑Butyl 4‑(phenylamino) piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

0.015

20

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

\n```\n\n Restricted listing\n (2) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) and subsection 301.6(1A) of the Code, a substance that is taken to be a border controlled precursor only in relation to the following:\n (i) an offence against subsection 307.11(1), 307.12(1) or 307.13(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 309.14(1) or 309.15(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled precursor.\n\n> Note: For a salt, ester or immediate precursor of a substance listed in the table, see paragraphs 301.6(1)(b) and (c) and subsection 301.6(1B) of the Code.\n\n```html\n

Border controlled precursors and quantities—restricted listing

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Alpha‑Methyl‑1,3‑benzodioxole‑5‑propanal (Helional)

1.0

1.0

2

Benzaldehyde

1.85

4.8

3

Hypophosphorous acid (Phosphinic acid)

1.2

3.2

4

Iodine

1.2

3.2

5

Methylamine

0.6

1.6

\n```\n\n### Division 2—Psychoactive substances\n\n#### 17 Importing psychoactive substances\n\n For the purposes of paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 18 Importing substances represented to be serious drug alternatives\n\n For the purposes of paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 19 Conditions for importing certain substances\n\n (1) For the purposes of sections 17 and 18, 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 is covered by subsection (2); 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 paragraph (2)(a), (d), (e) or (f) applies and the importer is employed by the body mentioned in the applicable paragraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (2) For the purposes of paragraph (1)(b), the importer is covered by this subsection if:\n (a) the importer is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (b) the importer 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 (c) the importer 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 (d) the importer is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (e) the importer is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (f) all of the following apply:\n (i) the importer is, or is employed by, an entity that imports drugs (within the meaning of subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956) on behalf of a person or body mentioned in paragraph (a), (b), (c), (d) or (e);\n (ii) the person or body holds a licence of a kind mentioned in paragraph (1)(a);\n (iii) the importer is importing the substance at the written request of the person or body.\n (3) For the purposes of paragraph (1)(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\n### Division 3—Cross‑border firearms trafficking\n\n#### 20 Firearm law\n\n For the purposes of the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the following laws are prescribed:\n (a) the Firearms Act 1996 (NSW);\n (b) the Firearms Act 1996 (Vic.);\n (c) the Weapons Act 1990 (Qld);\n (d) the Firearms Act 1973 (WA);\n (e) the Firearms Act 2015 (SA);\n (f) the Firearms Act 1996 (Tas.);\n (g) the Firearms Act 1996 (ACT);\n (h) the Firearms Act 1997 (NT);\n (i) the Firearms and Prohibited Weapons Act 1997 (Norfolk Island);\n (j) any regulations made under any of the Acts referred to in paragraphs (a) to (i).\n\n### Division 4—Community safety orders\n\n#### 20A Serious offender unable to engage legal representative in community safety order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 395.34(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 a serious offender’s control in relation to a community safety order proceeding:\n (a) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 20B Sharing information—prescribed persons\n\n For the purposes of subsections 395.44(1) and (4) of the Code, the following persons are prescribed:\n (a) an AFP employee (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) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a community safety order is in force in relation to the service recipient; or\n (ii) the Immigration Minister has made, or is considering making, an application for a community safety order in relation to the service recipient;\n (f) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (g) 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 (h) the Director‑General of Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (i) an APS employee in a Department administered by:\n (i) the Immigration Minister; or\n (ii) the Minister administering the Australian Passports Act 2005;\n (j) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (k) a person who is a relevant expert and who is:\n (i) appointed by the Immigration Minister under section 395.43 of the Code; or\n (ii) otherwise engaged by the Immigration Minister, or a person on behalf of the Immigration Minister;\n to assess the risk of a serious offender committing a serious violent or sexual offence for the purposes of Division 395 of the Code (whether or not an application for a community safety order has been made);\n (l) a person who is engaged as a consultant or contractor to perform services for the Department administered by the Immigration Minister;\n (m) a person who is:\n (i) engaged or employed by a person to whom paragraph (l) or this paragraph applies; and\n (ii) performing services for the Department administered by the Immigration Minister in connection with that engagement or employment.\n\n## Part 4—National infrastructure\n\n#### 21 Dangerous or harmful substances and things that must not be carried by post\n\n For the purposes of subparagraph 471.15(1)(b)(ii) of the Code, the following are dangerous or harmful substances or things that 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, saving and transitional provisions\n\n### Division 1—Provisions for this instrument as originally made\n\n#### 22 Things done under the Criminal Code Regulations 2002\n\n (1) If:\n (a) a thing was done for a particular purpose under the Criminal Code Regulations 2002 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.\n\n#### 23 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this section commences.\n (2) This section does not limit section 22 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Corresponding State preventative detention laws","content":"#### 8 Corresponding State preventative detention laws\n\n For the purposes of the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, the following are declared to correspond to Division 105 of the Code:\n (a) Part 2A of the Terrorism (Police Powers) Act 2002 (NSW);\n (b) Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.);\n (c) the Terrorism (Preventative Detention) Act 2005 (Qld);\n (d) the Terrorism (Preventative Detention) Act 2006 (WA);\n (e) the Terrorism (Preventative Detention) Act 2005 (SA);\n (f) the Terrorism (Preventative Detention) Act 2005 (Tas.);\n (g) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT);\n (h) Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).","sortOrder":10},{"sectionNumber":"Division 3","sectionType":"division","heading":"Continuing detention orders","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Criminal Code Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Criminal Code Act 1995.\n\n#### 4 Definitions\n\n In this instrument:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person who is 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, Victoria, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (c) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (d) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (e) for the Northern Territory—Director of Legal Aid under the Legal Aid Act 1990 (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 Secretary means the Secretary of the Department administered by the Minister administering the Therapeutic Goods Act 1989.\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> young person means a person who is at least 14 but under 18.\n\n## Part 2—The security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 5 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 to act for a young person in relation to proceedings relating to a control order.\n\n#### 6 Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission to arrange the legal representation of a young person in proceedings relating to a control order.\n\n#### 7 AFP to inform relevant persons of request and contact details\n\n (1) This section applies if an issuing court requests a legal aid commission under section 6 to arrange the legal representation of a young person in proceedings relating to a control order.\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 legal aid commission of the request; and\n (b) give the legal aid commission the following information 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 young person may need assistance with communication because, for example, the 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, or a legal representative of the Australian Federal Police, must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information that the AFP member or legal representative 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) Subsection (3) does not apply if the actions of the young person make it impracticable for the AFP member or legal representative to comply with that subsection.\n Informing a parent or guardian of the young person\n (5) An AFP member, or a legal representative of the Australian Federal Police, 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 information about the legal aid commission that is required to be provided to the young person under paragraph (3)(b).\n Timing\n (6) An AFP member or legal representative of the Australian Federal Police complying with subsection (2), (3) or (5) must do so as soon as practicable after the issuing court makes 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#### 8 Corresponding State preventative detention laws\n\n For the purposes of the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, the following are declared to correspond to Division 105 of the Code:\n (a) Part 2A of the Terrorism (Police Powers) Act 2002 (NSW);\n (b) Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.);\n (c) the Terrorism (Preventative Detention) Act 2005 (Qld);\n (d) the Terrorism (Preventative Detention) Act 2006 (WA);\n (e) the Terrorism (Preventative Detention) Act 2005 (SA);\n (f) the Terrorism (Preventative Detention) Act 2005 (Tas.);\n (g) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT);\n (h) Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).\n\n### Division 3—Continuing detention orders\n\n#### 9 Terrorist offender unable to engage legal representative in 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) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 10 Sharing information—prescribed persons\n\n For the purposes of subsections 105A.19(1) and (3) of the Code, the following persons are prescribed:\n (a) an AFP employee (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 (da) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a post‑sentence order or an interim post‑sentence order is in force in relation to the service recipient; or\n (ii) the AFP Minister has made, or is considering making, an application for a post‑sentence order or an interim post‑sentence order in relation to the service recipient;\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 Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (h) an APS employee of a Department administered by the Minister administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007; or\n (iii) the Australian Passports Act 2005;\n (i) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (j) a person who is a relevant expert and who is:\n (i) appointed by the AFP Minister under section 105A.18D of the Code; or\n (ii) otherwise engaged, by the AFP Minister, or a person on behalf of the AFP Minister;\n to assess the risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence (all within the meaning of Division 105A of the Code) for the purposes of that Division (whether or not an application for a post‑sentence order has been made).\n\n## Part 3—Dangers to the community\n\n### Division 1—Serious drugs and precursors\n\n#### 11 Controlled drugs\n\n Each item of the table in clause 1 of Schedule 1 lists:\n (a) for the purposes of paragraph 301.1(1)(a) of the Code, a substance that is a controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the controlled drug; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity that is the trafficable quantity of the controlled drug.\n\n#### 12 Controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.2(1)(a) of the Code, a growing plant that is a controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity that is a commercial quantity of the controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity that is a marketable quantity of the controlled plant; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity that is a trafficable quantity of the controlled plant.\n\n```html\n

Controlled plants and quantities

Item

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#### 13 Controlled precursors\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.3(1)(a) of the Code, a substance that is a controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table is also a controlled precursor: see paragraph 301.3(1)(b) of the Code.\n\n```html\n

Controlled precursors and quantities

Item

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1A

Alpha‑Phenylacetoacetamide (APAA)

2.75

915.0

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

587.0

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

2.77

1D

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

1E

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

1F

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

1,585.0

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

3A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

1,094.0

3B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

261.0

3C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

1,051.0

3D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

3E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

3F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

3G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

5A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

1,020.0

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

6AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

266.0

6A

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

292.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

7A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

246.0

7B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

980.0

7BA

Norfentanyl

0.006

2.8

7C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

4.0

8

Phenylacetic acid

4.05

1,350.0

8AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

1,531.0

8A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

1,720.0

8B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

3.8

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

1.04

340.0

10A

Phenyl‑2‑propanone bisulphite

2.64

880.0

10B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

737.0

10C

4‑Piperidone

0.008

3.8

11

Piperonal

1.6

320.0

11A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

11B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

14

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

15

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

16

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

7.6

17

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

18

tert‑Butyl 4‑(phenylamino)piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

7.3

19

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

\n```\n\n#### 14 Border controlled drugs\n\n (1) Each item of the table in subclause 1(1) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) of the Code, a substance that is a border controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n Restricted listing\n (2) Each item of the table in subclause 1(2) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) and subsection 301.4(2) of the Code, a substance that is taken to be a border controlled drug only in relation to the following:\n (i) an offence against subsection 307.1(1), 307.2(1), 307.3(1) or 307.4(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 307.5(1), 307.6(1), 307.7(1), 307.8(1), 307.9(1) or 307.10(1) of the Code;\n (iii) an offence against subsection 309.12(1) or 309.13(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n\n#### 15 Border controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.5(1)(a) of the Code, a growing plant that is a border controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) that is a commercial quantity of the border controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) that is a marketable quantity of the border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

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#### 16 Border controlled precursors\n\n (1) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) of the Code, a substance that is a border controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the border controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table and an immediate precursor of a substance listed in the table are also border controlled precursors: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n```html\n

Border controlled precursors and quantities

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

1A

Alpha‑Phenylacetoacetamide (APAA)

2.74

7.3

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

4.7

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

0.006

2

Any plant of the species Ephedra

2AA

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

2AB

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

2A

Chloroephedrine

1.153

3.07

2B

Chloropseudoephedrine

1.153

3.07

2C

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

12.7

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

5A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

8.8

5B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

13.0

5C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

8.5

5D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

5E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

5F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

5G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

7A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

8.2

7AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

13.3

7B

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

14.6

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

8A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

12.3

8B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

7.9

8BA

Norfentanyl

0.006

0.006

8C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

0.008

9

Phenylacetic acid

4.05

10.8

9AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

12.2

9A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

13.7

9B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

0.008

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

1.04

2.7

11A

Phenyl‑2‑propanone bisulphite

2.64

7.04

11B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

5.9

11C

4‑Piperidone

0.008

0.008

12

Piperonal

1.6

1.6

12A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

12B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

15

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

16

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

17

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

0.015

18

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

19

tert‑Butyl 4‑(phenylamino) piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

0.015

20

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

\n```\n\n Restricted listing\n (2) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) and subsection 301.6(1A) of the Code, a substance that is taken to be a border controlled precursor only in relation to the following:\n (i) an offence against subsection 307.11(1), 307.12(1) or 307.13(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 309.14(1) or 309.15(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled precursor.\n\n> Note: For a salt, ester or immediate precursor of a substance listed in the table, see paragraphs 301.6(1)(b) and (c) and subsection 301.6(1B) of the Code.\n\n```html\n

Border controlled precursors and quantities—restricted listing

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Alpha‑Methyl‑1,3‑benzodioxole‑5‑propanal (Helional)

1.0

1.0

2

Benzaldehyde

1.85

4.8

3

Hypophosphorous acid (Phosphinic acid)

1.2

3.2

4

Iodine

1.2

3.2

5

Methylamine

0.6

1.6

\n```\n\n### Division 2—Psychoactive substances\n\n#### 17 Importing psychoactive substances\n\n For the purposes of paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 18 Importing substances represented to be serious drug alternatives\n\n For the purposes of paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 19 Conditions for importing certain substances\n\n (1) For the purposes of sections 17 and 18, 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 is covered by subsection (2); 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 paragraph (2)(a), (d), (e) or (f) applies and the importer is employed by the body mentioned in the applicable paragraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (2) For the purposes of paragraph (1)(b), the importer is covered by this subsection if:\n (a) the importer is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (b) the importer 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 (c) the importer 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 (d) the importer is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (e) the importer is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (f) all of the following apply:\n (i) the importer is, or is employed by, an entity that imports drugs (within the meaning of subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956) on behalf of a person or body mentioned in paragraph (a), (b), (c), (d) or (e);\n (ii) the person or body holds a licence of a kind mentioned in paragraph (1)(a);\n (iii) the importer is importing the substance at the written request of the person or body.\n (3) For the purposes of paragraph (1)(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\n### Division 3—Cross‑border firearms trafficking\n\n#### 20 Firearm law\n\n For the purposes of the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the following laws are prescribed:\n (a) the Firearms Act 1996 (NSW);\n (b) the Firearms Act 1996 (Vic.);\n (c) the Weapons Act 1990 (Qld);\n (d) the Firearms Act 1973 (WA);\n (e) the Firearms Act 2015 (SA);\n (f) the Firearms Act 1996 (Tas.);\n (g) the Firearms Act 1996 (ACT);\n (h) the Firearms Act 1997 (NT);\n (i) the Firearms and Prohibited Weapons Act 1997 (Norfolk Island);\n (j) any regulations made under any of the Acts referred to in paragraphs (a) to (i).\n\n### Division 4—Community safety orders\n\n#### 20A Serious offender unable to engage legal representative in community safety order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 395.34(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 a serious offender’s control in relation to a community safety order proceeding:\n (a) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 20B Sharing information—prescribed persons\n\n For the purposes of subsections 395.44(1) and (4) of the Code, the following persons are prescribed:\n (a) an AFP employee (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) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a community safety order is in force in relation to the service recipient; or\n (ii) the Immigration Minister has made, or is considering making, an application for a community safety order in relation to the service recipient;\n (f) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (g) 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 (h) the Director‑General of Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (i) an APS employee in a Department administered by:\n (i) the Immigration Minister; or\n (ii) the Minister administering the Australian Passports Act 2005;\n (j) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (k) a person who is a relevant expert and who is:\n (i) appointed by the Immigration Minister under section 395.43 of the Code; or\n (ii) otherwise engaged by the Immigration Minister, or a person on behalf of the Immigration Minister;\n to assess the risk of a serious offender committing a serious violent or sexual offence for the purposes of Division 395 of the Code (whether or not an application for a community safety order has been made);\n (l) a person who is engaged as a consultant or contractor to perform services for the Department administered by the Immigration Minister;\n (m) a person who is:\n (i) engaged or employed by a person to whom paragraph (l) or this paragraph applies; and\n (ii) performing services for the Department administered by the Immigration Minister in connection with that engagement or employment.\n\n## Part 4—National infrastructure\n\n#### 21 Dangerous or harmful substances and things that must not be carried by post\n\n For the purposes of subparagraph 471.15(1)(b)(ii) of the Code, the following are dangerous or harmful substances or things that 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, saving and transitional provisions\n\n### Division 1—Provisions for this instrument as originally made\n\n#### 22 Things done under the Criminal Code Regulations 2002\n\n (1) If:\n (a) a thing was done for a particular purpose under the Criminal Code Regulations 2002 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.\n\n#### 23 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this section commences.\n (2) This section does not limit section 22 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Terrorist offender unable to engage legal representative in continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control","content":"#### 9 Terrorist offender unable to engage legal representative in 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) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Sharing information—prescribed persons","content":"#### 10 Sharing information—prescribed persons\n\n For the purposes of subsections 105A.19(1) and (3) of the Code, the following persons are prescribed:\n (a) an AFP employee (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 (da) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a post‑sentence order or an interim post‑sentence order is in force in relation to the service recipient; or\n (ii) the AFP Minister has made, or is considering making, an application for a post‑sentence order or an interim post‑sentence order in relation to the service recipient;\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 Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (h) an APS employee of a Department administered by the Minister administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007; or\n (iii) the Australian Passports Act 2005;\n (i) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (j) a person who is a relevant expert and who is:\n (i) appointed by the AFP Minister under section 105A.18D of the Code; or\n (ii) otherwise engaged, by the AFP Minister, or a person on behalf of the AFP Minister;\n to assess the risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence (all within the meaning of Division 105A of the Code) for the purposes of that Division (whether or not an application for a post‑sentence order has been made).","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Dangers to the community","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Criminal Code Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Criminal Code Act 1995.\n\n#### 4 Definitions\n\n In this instrument:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person who is 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, Victoria, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (c) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (d) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (e) for the Northern Territory—Director of Legal Aid under the Legal Aid Act 1990 (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 Secretary means the Secretary of the Department administered by the Minister administering the Therapeutic Goods Act 1989.\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> young person means a person who is at least 14 but under 18.\n\n## Part 2—The security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 5 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 to act for a young person in relation to proceedings relating to a control order.\n\n#### 6 Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission to arrange the legal representation of a young person in proceedings relating to a control order.\n\n#### 7 AFP to inform relevant persons of request and contact details\n\n (1) This section applies if an issuing court requests a legal aid commission under section 6 to arrange the legal representation of a young person in proceedings relating to a control order.\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 legal aid commission of the request; and\n (b) give the legal aid commission the following information 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 young person may need assistance with communication because, for example, the 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, or a legal representative of the Australian Federal Police, must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information that the AFP member or legal representative 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) Subsection (3) does not apply if the actions of the young person make it impracticable for the AFP member or legal representative to comply with that subsection.\n Informing a parent or guardian of the young person\n (5) An AFP member, or a legal representative of the Australian Federal Police, 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 information about the legal aid commission that is required to be provided to the young person under paragraph (3)(b).\n Timing\n (6) An AFP member or legal representative of the Australian Federal Police complying with subsection (2), (3) or (5) must do so as soon as practicable after the issuing court makes 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#### 8 Corresponding State preventative detention laws\n\n For the purposes of the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, the following are declared to correspond to Division 105 of the Code:\n (a) Part 2A of the Terrorism (Police Powers) Act 2002 (NSW);\n (b) Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.);\n (c) the Terrorism (Preventative Detention) Act 2005 (Qld);\n (d) the Terrorism (Preventative Detention) Act 2006 (WA);\n (e) the Terrorism (Preventative Detention) Act 2005 (SA);\n (f) the Terrorism (Preventative Detention) Act 2005 (Tas.);\n (g) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT);\n (h) Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).\n\n### Division 3—Continuing detention orders\n\n#### 9 Terrorist offender unable to engage legal representative in 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) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 10 Sharing information—prescribed persons\n\n For the purposes of subsections 105A.19(1) and (3) of the Code, the following persons are prescribed:\n (a) an AFP employee (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 (da) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a post‑sentence order or an interim post‑sentence order is in force in relation to the service recipient; or\n (ii) the AFP Minister has made, or is considering making, an application for a post‑sentence order or an interim post‑sentence order in relation to the service recipient;\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 Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (h) an APS employee of a Department administered by the Minister administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007; or\n (iii) the Australian Passports Act 2005;\n (i) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (j) a person who is a relevant expert and who is:\n (i) appointed by the AFP Minister under section 105A.18D of the Code; or\n (ii) otherwise engaged, by the AFP Minister, or a person on behalf of the AFP Minister;\n to assess the risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence (all within the meaning of Division 105A of the Code) for the purposes of that Division (whether or not an application for a post‑sentence order has been made).\n\n## Part 3—Dangers to the community\n\n### Division 1—Serious drugs and precursors\n\n#### 11 Controlled drugs\n\n Each item of the table in clause 1 of Schedule 1 lists:\n (a) for the purposes of paragraph 301.1(1)(a) of the Code, a substance that is a controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the controlled drug; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity that is the trafficable quantity of the controlled drug.\n\n#### 12 Controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.2(1)(a) of the Code, a growing plant that is a controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity that is a commercial quantity of the controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity that is a marketable quantity of the controlled plant; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity that is a trafficable quantity of the controlled plant.\n\n```html\n

Controlled plants and quantities

Item

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#### 13 Controlled precursors\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.3(1)(a) of the Code, a substance that is a controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table is also a controlled precursor: see paragraph 301.3(1)(b) of the Code.\n\n```html\n

Controlled precursors and quantities

Item

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1A

Alpha‑Phenylacetoacetamide (APAA)

2.75

915.0

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

587.0

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

2.77

1D

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

1E

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

1F

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

1,585.0

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

3A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

1,094.0

3B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

261.0

3C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

1,051.0

3D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

3E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

3F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

3G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

5A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

1,020.0

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

6AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

266.0

6A

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

292.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

7A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

246.0

7B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

980.0

7BA

Norfentanyl

0.006

2.8

7C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

4.0

8

Phenylacetic acid

4.05

1,350.0

8AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

1,531.0

8A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

1,720.0

8B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

3.8

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

1.04

340.0

10A

Phenyl‑2‑propanone bisulphite

2.64

880.0

10B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

737.0

10C

4‑Piperidone

0.008

3.8

11

Piperonal

1.6

320.0

11A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

11B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

14

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

15

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

16

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

7.6

17

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

18

tert‑Butyl 4‑(phenylamino)piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

7.3

19

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

\n```\n\n#### 14 Border controlled drugs\n\n (1) Each item of the table in subclause 1(1) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) of the Code, a substance that is a border controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n Restricted listing\n (2) Each item of the table in subclause 1(2) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) and subsection 301.4(2) of the Code, a substance that is taken to be a border controlled drug only in relation to the following:\n (i) an offence against subsection 307.1(1), 307.2(1), 307.3(1) or 307.4(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 307.5(1), 307.6(1), 307.7(1), 307.8(1), 307.9(1) or 307.10(1) of the Code;\n (iii) an offence against subsection 309.12(1) or 309.13(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n\n#### 15 Border controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.5(1)(a) of the Code, a growing plant that is a border controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) that is a commercial quantity of the border controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) that is a marketable quantity of the border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

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#### 16 Border controlled precursors\n\n (1) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) of the Code, a substance that is a border controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the border controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table and an immediate precursor of a substance listed in the table are also border controlled precursors: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n```html\n

Border controlled precursors and quantities

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

1A

Alpha‑Phenylacetoacetamide (APAA)

2.74

7.3

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

4.7

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

0.006

2

Any plant of the species Ephedra

2AA

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

2AB

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

2A

Chloroephedrine

1.153

3.07

2B

Chloropseudoephedrine

1.153

3.07

2C

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

12.7

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

5A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

8.8

5B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

13.0

5C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

8.5

5D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

5E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

5F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

5G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

7A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

8.2

7AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

13.3

7B

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

14.6

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

8A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

12.3

8B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

7.9

8BA

Norfentanyl

0.006

0.006

8C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

0.008

9

Phenylacetic acid

4.05

10.8

9AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

12.2

9A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

13.7

9B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

0.008

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

1.04

2.7

11A

Phenyl‑2‑propanone bisulphite

2.64

7.04

11B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

5.9

11C

4‑Piperidone

0.008

0.008

12

Piperonal

1.6

1.6

12A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

12B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

15

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

16

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

17

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

0.015

18

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

19

tert‑Butyl 4‑(phenylamino) piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

0.015

20

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

\n```\n\n Restricted listing\n (2) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) and subsection 301.6(1A) of the Code, a substance that is taken to be a border controlled precursor only in relation to the following:\n (i) an offence against subsection 307.11(1), 307.12(1) or 307.13(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 309.14(1) or 309.15(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled precursor.\n\n> Note: For a salt, ester or immediate precursor of a substance listed in the table, see paragraphs 301.6(1)(b) and (c) and subsection 301.6(1B) of the Code.\n\n```html\n

Border controlled precursors and quantities—restricted listing

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Alpha‑Methyl‑1,3‑benzodioxole‑5‑propanal (Helional)

1.0

1.0

2

Benzaldehyde

1.85

4.8

3

Hypophosphorous acid (Phosphinic acid)

1.2

3.2

4

Iodine

1.2

3.2

5

Methylamine

0.6

1.6

\n```\n\n### Division 2—Psychoactive substances\n\n#### 17 Importing psychoactive substances\n\n For the purposes of paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 18 Importing substances represented to be serious drug alternatives\n\n For the purposes of paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 19 Conditions for importing certain substances\n\n (1) For the purposes of sections 17 and 18, 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 is covered by subsection (2); 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 paragraph (2)(a), (d), (e) or (f) applies and the importer is employed by the body mentioned in the applicable paragraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (2) For the purposes of paragraph (1)(b), the importer is covered by this subsection if:\n (a) the importer is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (b) the importer 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 (c) the importer 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 (d) the importer is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (e) the importer is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (f) all of the following apply:\n (i) the importer is, or is employed by, an entity that imports drugs (within the meaning of subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956) on behalf of a person or body mentioned in paragraph (a), (b), (c), (d) or (e);\n (ii) the person or body holds a licence of a kind mentioned in paragraph (1)(a);\n (iii) the importer is importing the substance at the written request of the person or body.\n (3) For the purposes of paragraph (1)(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\n### Division 3—Cross‑border firearms trafficking\n\n#### 20 Firearm law\n\n For the purposes of the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the following laws are prescribed:\n (a) the Firearms Act 1996 (NSW);\n (b) the Firearms Act 1996 (Vic.);\n (c) the Weapons Act 1990 (Qld);\n (d) the Firearms Act 1973 (WA);\n (e) the Firearms Act 2015 (SA);\n (f) the Firearms Act 1996 (Tas.);\n (g) the Firearms Act 1996 (ACT);\n (h) the Firearms Act 1997 (NT);\n (i) the Firearms and Prohibited Weapons Act 1997 (Norfolk Island);\n (j) any regulations made under any of the Acts referred to in paragraphs (a) to (i).\n\n### Division 4—Community safety orders\n\n#### 20A Serious offender unable to engage legal representative in community safety order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 395.34(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 a serious offender’s control in relation to a community safety order proceeding:\n (a) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 20B Sharing information—prescribed persons\n\n For the purposes of subsections 395.44(1) and (4) of the Code, the following persons are prescribed:\n (a) an AFP employee (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) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a community safety order is in force in relation to the service recipient; or\n (ii) the Immigration Minister has made, or is considering making, an application for a community safety order in relation to the service recipient;\n (f) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (g) 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 (h) the Director‑General of Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (i) an APS employee in a Department administered by:\n (i) the Immigration Minister; or\n (ii) the Minister administering the Australian Passports Act 2005;\n (j) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (k) a person who is a relevant expert and who is:\n (i) appointed by the Immigration Minister under section 395.43 of the Code; or\n (ii) otherwise engaged by the Immigration Minister, or a person on behalf of the Immigration Minister;\n to assess the risk of a serious offender committing a serious violent or sexual offence for the purposes of Division 395 of the Code (whether or not an application for a community safety order has been made);\n (l) a person who is engaged as a consultant or contractor to perform services for the Department administered by the Immigration Minister;\n (m) a person who is:\n (i) engaged or employed by a person to whom paragraph (l) or this paragraph applies; and\n (ii) performing services for the Department administered by the Immigration Minister in connection with that engagement or employment.\n\n## Part 4—National infrastructure\n\n#### 21 Dangerous or harmful substances and things that must not be carried by post\n\n For the purposes of subparagraph 471.15(1)(b)(ii) of the Code, the following are dangerous or harmful substances or things that 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, saving and transitional provisions\n\n### Division 1—Provisions for this instrument as originally made\n\n#### 22 Things done under the Criminal Code Regulations 2002\n\n (1) If:\n (a) a thing was done for a particular purpose under the Criminal Code Regulations 2002 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.\n\n#### 23 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this section commences.\n (2) This section does not limit section 22 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Controlled drugs","content":"#### 11 Controlled drugs\n\n Each item of the table in clause 1 of Schedule 1 lists:\n (a) for the purposes of paragraph 301.1(1)(a) of the Code, a substance that is a controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the controlled drug; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity that is the trafficable quantity of the controlled drug.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Controlled plants","content":"#### 12 Controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.2(1)(a) of the Code, a growing plant that is a controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity that is a commercial quantity of the controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity that is a marketable quantity of the controlled plant; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity that is a trafficable quantity of the controlled plant.\n\n```html\n

Controlled plants and quantities

Item

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```","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Controlled precursors","content":"#### 13 Controlled precursors\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.3(1)(a) of the Code, a substance that is a controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table is also a controlled precursor: see paragraph 301.3(1)(b) of the Code.\n\n```html\n

Controlled precursors and quantities

Item

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1A

Alpha‑Phenylacetoacetamide (APAA)

2.75

915.0

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

587.0

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

2.77

1D

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

1E

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

1F

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

1,585.0

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

3A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

1,094.0

3B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

261.0

3C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

1,051.0

3D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

3E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

3F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

3G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

5A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

1,020.0

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

6AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

266.0

6A

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

292.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

7A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

246.0

7B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

980.0

7BA

Norfentanyl

0.006

2.8

7C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

4.0

8

Phenylacetic acid

4.05

1,350.0

8AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

1,531.0

8A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

1,720.0

8B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

3.8

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

1.04

340.0

10A

Phenyl‑2‑propanone bisulphite

2.64

880.0

10B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

737.0

10C

4‑Piperidone

0.008

3.8

11

Piperonal

1.6

320.0

11A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

11B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

14

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

15

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

16

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

7.6

17

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

18

tert‑Butyl 4‑(phenylamino)piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

7.3

19

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

\n```","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Border controlled drugs","content":"#### 14 Border controlled drugs\n\n (1) Each item of the table in subclause 1(1) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) of the Code, a substance that is a border controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n Restricted listing\n (2) Each item of the table in subclause 1(2) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) and subsection 301.4(2) of the Code, a substance that is taken to be a border controlled drug only in relation to the following:\n (i) an offence against subsection 307.1(1), 307.2(1), 307.3(1) or 307.4(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 307.5(1), 307.6(1), 307.7(1), 307.8(1), 307.9(1) or 307.10(1) of the Code;\n (iii) an offence against subsection 309.12(1) or 309.13(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Border controlled plants","content":"#### 15 Border controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.5(1)(a) of the Code, a growing plant that is a border controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) that is a commercial quantity of the border controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) that is a marketable quantity of the border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

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```","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Border controlled precursors","content":"#### 16 Border controlled precursors\n\n (1) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) of the Code, a substance that is a border controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the border controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table and an immediate precursor of a substance listed in the table are also border controlled precursors: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n```html\n

Border controlled precursors and quantities

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

1A

Alpha‑Phenylacetoacetamide (APAA)

2.74

7.3

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

4.7

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

0.006

2

Any plant of the species Ephedra

2AA

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

2AB

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

2A

Chloroephedrine

1.153

3.07

2B

Chloropseudoephedrine

1.153

3.07

2C

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

12.7

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

5A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

8.8

5B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

13.0

5C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

8.5

5D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

5E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

5F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

5G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

7A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

8.2

7AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

13.3

7B

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

14.6

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

8A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

12.3

8B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

7.9

8BA

Norfentanyl

0.006

0.006

8C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

0.008

9

Phenylacetic acid

4.05

10.8

9AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

12.2

9A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

13.7

9B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

0.008

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

1.04

2.7

11A

Phenyl‑2‑propanone bisulphite

2.64

7.04

11B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

5.9

11C

4‑Piperidone

0.008

0.008

12

Piperonal

1.6

1.6

12A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

12B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

15

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

16

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

17

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

0.015

18

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

19

tert‑Butyl 4‑(phenylamino) piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

0.015

20

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

\n```\n\n Restricted listing\n (2) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) and subsection 301.6(1A) of the Code, a substance that is taken to be a border controlled precursor only in relation to the following:\n (i) an offence against subsection 307.11(1), 307.12(1) or 307.13(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 309.14(1) or 309.15(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled precursor.\n\n> Note: For a salt, ester or immediate precursor of a substance listed in the table, see paragraphs 301.6(1)(b) and (c) and subsection 301.6(1B) of the Code.\n\n```html\n

Border controlled precursors and quantities—restricted listing

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Alpha‑Methyl‑1,3‑benzodioxole‑5‑propanal (Helional)

1.0

1.0

2

Benzaldehyde

1.85

4.8

3

Hypophosphorous acid (Phosphinic acid)

1.2

3.2

4

Iodine

1.2

3.2

5

Methylamine

0.6

1.6

\n```","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Importing psychoactive substances","content":"#### 17 Importing psychoactive substances\n\n For the purposes of paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Importing substances represented to be serious drug alternatives","content":"#### 18 Importing substances represented to be serious drug alternatives\n\n For the purposes of paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Conditions for importing certain substances","content":"#### 19 Conditions for importing certain substances\n\n (1) For the purposes of sections 17 and 18, 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 is covered by subsection (2); 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 paragraph (2)(a), (d), (e) or (f) applies and the importer is employed by the body mentioned in the applicable paragraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (2) For the purposes of paragraph (1)(b), the importer is covered by this subsection if:\n (a) the importer is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (b) the importer 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 (c) the importer 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 (d) the importer is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (e) the importer is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (f) all of the following apply:\n (i) the importer is, or is employed by, an entity that imports drugs (within the meaning of subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956) on behalf of a person or body mentioned in paragraph (a), (b), (c), (d) or (e);\n (ii) the person or body holds a licence of a kind mentioned in paragraph (1)(a);\n (iii) the importer is importing the substance at the written request of the person or body.\n (3) For the purposes of paragraph (1)(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.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Firearm law","content":"#### 20 Firearm law\n\n For the purposes of the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the following laws are prescribed:\n (a) the Firearms Act 1996 (NSW);\n (b) the Firearms Act 1996 (Vic.);\n (c) the Weapons Act 1990 (Qld);\n (d) the Firearms Act 1973 (WA);\n (e) the Firearms Act 2015 (SA);\n (f) the Firearms Act 1996 (Tas.);\n (g) the Firearms Act 1996 (ACT);\n (h) the Firearms Act 1997 (NT);\n (i) the Firearms and Prohibited Weapons Act 1997 (Norfolk Island);\n (j) any regulations made under any of the Acts referred to in paragraphs (a) to (i).","sortOrder":27},{"sectionNumber":"Division 4","sectionType":"division","heading":"Community safety orders","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Criminal Code Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Criminal Code Act 1995.\n\n#### 4 Definitions\n\n In this instrument:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person who is 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, Victoria, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (c) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (d) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (e) for the Northern Territory—Director of Legal Aid under the Legal Aid Act 1990 (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 Secretary means the Secretary of the Department administered by the Minister administering the Therapeutic Goods Act 1989.\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> young person means a person who is at least 14 but under 18.\n\n## Part 2—The security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 5 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 to act for a young person in relation to proceedings relating to a control order.\n\n#### 6 Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission to arrange the legal representation of a young person in proceedings relating to a control order.\n\n#### 7 AFP to inform relevant persons of request and contact details\n\n (1) This section applies if an issuing court requests a legal aid commission under section 6 to arrange the legal representation of a young person in proceedings relating to a control order.\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 legal aid commission of the request; and\n (b) give the legal aid commission the following information 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 young person may need assistance with communication because, for example, the 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, or a legal representative of the Australian Federal Police, must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information that the AFP member or legal representative 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) Subsection (3) does not apply if the actions of the young person make it impracticable for the AFP member or legal representative to comply with that subsection.\n Informing a parent or guardian of the young person\n (5) An AFP member, or a legal representative of the Australian Federal Police, 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 information about the legal aid commission that is required to be provided to the young person under paragraph (3)(b).\n Timing\n (6) An AFP member or legal representative of the Australian Federal Police complying with subsection (2), (3) or (5) must do so as soon as practicable after the issuing court makes 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#### 8 Corresponding State preventative detention laws\n\n For the purposes of the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, the following are declared to correspond to Division 105 of the Code:\n (a) Part 2A of the Terrorism (Police Powers) Act 2002 (NSW);\n (b) Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.);\n (c) the Terrorism (Preventative Detention) Act 2005 (Qld);\n (d) the Terrorism (Preventative Detention) Act 2006 (WA);\n (e) the Terrorism (Preventative Detention) Act 2005 (SA);\n (f) the Terrorism (Preventative Detention) Act 2005 (Tas.);\n (g) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT);\n (h) Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).\n\n### Division 3—Continuing detention orders\n\n#### 9 Terrorist offender unable to engage legal representative in 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) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 10 Sharing information—prescribed persons\n\n For the purposes of subsections 105A.19(1) and (3) of the Code, the following persons are prescribed:\n (a) an AFP employee (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 (da) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a post‑sentence order or an interim post‑sentence order is in force in relation to the service recipient; or\n (ii) the AFP Minister has made, or is considering making, an application for a post‑sentence order or an interim post‑sentence order in relation to the service recipient;\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 Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (h) an APS employee of a Department administered by the Minister administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007; or\n (iii) the Australian Passports Act 2005;\n (i) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (j) a person who is a relevant expert and who is:\n (i) appointed by the AFP Minister under section 105A.18D of the Code; or\n (ii) otherwise engaged, by the AFP Minister, or a person on behalf of the AFP Minister;\n to assess the risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence (all within the meaning of Division 105A of the Code) for the purposes of that Division (whether or not an application for a post‑sentence order has been made).\n\n## Part 3—Dangers to the community\n\n### Division 1—Serious drugs and precursors\n\n#### 11 Controlled drugs\n\n Each item of the table in clause 1 of Schedule 1 lists:\n (a) for the purposes of paragraph 301.1(1)(a) of the Code, a substance that is a controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the controlled drug; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity that is the trafficable quantity of the controlled drug.\n\n#### 12 Controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.2(1)(a) of the Code, a growing plant that is a controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity that is a commercial quantity of the controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity that is a marketable quantity of the controlled plant; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity that is a trafficable quantity of the controlled plant.\n\n```html\n

Controlled plants and quantities

Item

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#### 13 Controlled precursors\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.3(1)(a) of the Code, a substance that is a controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table is also a controlled precursor: see paragraph 301.3(1)(b) of the Code.\n\n```html\n

Controlled precursors and quantities

Item

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1A

Alpha‑Phenylacetoacetamide (APAA)

2.75

915.0

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

587.0

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

2.77

1D

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

1E

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

1F

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

1,585.0

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

3A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

1,094.0

3B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

261.0

3C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

1,051.0

3D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

3E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

3F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

3G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

5A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

1,020.0

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

6AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

266.0

6A

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

292.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

7A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

246.0

7B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

980.0

7BA

Norfentanyl

0.006

2.8

7C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

4.0

8

Phenylacetic acid

4.05

1,350.0

8AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

1,531.0

8A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

1,720.0

8B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

3.8

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

1.04

340.0

10A

Phenyl‑2‑propanone bisulphite

2.64

880.0

10B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

737.0

10C

4‑Piperidone

0.008

3.8

11

Piperonal

1.6

320.0

11A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

11B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

14

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

15

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

16

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

7.6

17

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

18

tert‑Butyl 4‑(phenylamino)piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

7.3

19

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

\n```\n\n#### 14 Border controlled drugs\n\n (1) Each item of the table in subclause 1(1) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) of the Code, a substance that is a border controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n Restricted listing\n (2) Each item of the table in subclause 1(2) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) and subsection 301.4(2) of the Code, a substance that is taken to be a border controlled drug only in relation to the following:\n (i) an offence against subsection 307.1(1), 307.2(1), 307.3(1) or 307.4(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 307.5(1), 307.6(1), 307.7(1), 307.8(1), 307.9(1) or 307.10(1) of the Code;\n (iii) an offence against subsection 309.12(1) or 309.13(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n\n#### 15 Border controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.5(1)(a) of the Code, a growing plant that is a border controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) that is a commercial quantity of the border controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) that is a marketable quantity of the border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

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#### 16 Border controlled precursors\n\n (1) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) of the Code, a substance that is a border controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the border controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table and an immediate precursor of a substance listed in the table are also border controlled precursors: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n```html\n

Border controlled precursors and quantities

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

1A

Alpha‑Phenylacetoacetamide (APAA)

2.74

7.3

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

4.7

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

0.006

2

Any plant of the species Ephedra

2AA

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

2AB

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

2A

Chloroephedrine

1.153

3.07

2B

Chloropseudoephedrine

1.153

3.07

2C

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

12.7

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

5A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

8.8

5B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

13.0

5C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

8.5

5D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

5E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

5F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

5G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

7A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

8.2

7AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

13.3

7B

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

14.6

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

8A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

12.3

8B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

7.9

8BA

Norfentanyl

0.006

0.006

8C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

0.008

9

Phenylacetic acid

4.05

10.8

9AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

12.2

9A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

13.7

9B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

0.008

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

1.04

2.7

11A

Phenyl‑2‑propanone bisulphite

2.64

7.04

11B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

5.9

11C

4‑Piperidone

0.008

0.008

12

Piperonal

1.6

1.6

12A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

12B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

15

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

16

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

17

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

0.015

18

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

19

tert‑Butyl 4‑(phenylamino) piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

0.015

20

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

\n```\n\n Restricted listing\n (2) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) and subsection 301.6(1A) of the Code, a substance that is taken to be a border controlled precursor only in relation to the following:\n (i) an offence against subsection 307.11(1), 307.12(1) or 307.13(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 309.14(1) or 309.15(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled precursor.\n\n> Note: For a salt, ester or immediate precursor of a substance listed in the table, see paragraphs 301.6(1)(b) and (c) and subsection 301.6(1B) of the Code.\n\n```html\n

Border controlled precursors and quantities—restricted listing

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Alpha‑Methyl‑1,3‑benzodioxole‑5‑propanal (Helional)

1.0

1.0

2

Benzaldehyde

1.85

4.8

3

Hypophosphorous acid (Phosphinic acid)

1.2

3.2

4

Iodine

1.2

3.2

5

Methylamine

0.6

1.6

\n```\n\n### Division 2—Psychoactive substances\n\n#### 17 Importing psychoactive substances\n\n For the purposes of paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 18 Importing substances represented to be serious drug alternatives\n\n For the purposes of paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 19 Conditions for importing certain substances\n\n (1) For the purposes of sections 17 and 18, 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 is covered by subsection (2); 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 paragraph (2)(a), (d), (e) or (f) applies and the importer is employed by the body mentioned in the applicable paragraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (2) For the purposes of paragraph (1)(b), the importer is covered by this subsection if:\n (a) the importer is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (b) the importer 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 (c) the importer 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 (d) the importer is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (e) the importer is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (f) all of the following apply:\n (i) the importer is, or is employed by, an entity that imports drugs (within the meaning of subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956) on behalf of a person or body mentioned in paragraph (a), (b), (c), (d) or (e);\n (ii) the person or body holds a licence of a kind mentioned in paragraph (1)(a);\n (iii) the importer is importing the substance at the written request of the person or body.\n (3) For the purposes of paragraph (1)(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\n### Division 3—Cross‑border firearms trafficking\n\n#### 20 Firearm law\n\n For the purposes of the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the following laws are prescribed:\n (a) the Firearms Act 1996 (NSW);\n (b) the Firearms Act 1996 (Vic.);\n (c) the Weapons Act 1990 (Qld);\n (d) the Firearms Act 1973 (WA);\n (e) the Firearms Act 2015 (SA);\n (f) the Firearms Act 1996 (Tas.);\n (g) the Firearms Act 1996 (ACT);\n (h) the Firearms Act 1997 (NT);\n (i) the Firearms and Prohibited Weapons Act 1997 (Norfolk Island);\n (j) any regulations made under any of the Acts referred to in paragraphs (a) to (i).\n\n### Division 4—Community safety orders\n\n#### 20A Serious offender unable to engage legal representative in community safety order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 395.34(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 a serious offender’s control in relation to a community safety order proceeding:\n (a) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 20B Sharing information—prescribed persons\n\n For the purposes of subsections 395.44(1) and (4) of the Code, the following persons are prescribed:\n (a) an AFP employee (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) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a community safety order is in force in relation to the service recipient; or\n (ii) the Immigration Minister has made, or is considering making, an application for a community safety order in relation to the service recipient;\n (f) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (g) 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 (h) the Director‑General of Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (i) an APS employee in a Department administered by:\n (i) the Immigration Minister; or\n (ii) the Minister administering the Australian Passports Act 2005;\n (j) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (k) a person who is a relevant expert and who is:\n (i) appointed by the Immigration Minister under section 395.43 of the Code; or\n (ii) otherwise engaged by the Immigration Minister, or a person on behalf of the Immigration Minister;\n to assess the risk of a serious offender committing a serious violent or sexual offence for the purposes of Division 395 of the Code (whether or not an application for a community safety order has been made);\n (l) a person who is engaged as a consultant or contractor to perform services for the Department administered by the Immigration Minister;\n (m) a person who is:\n (i) engaged or employed by a person to whom paragraph (l) or this paragraph applies; and\n (ii) performing services for the Department administered by the Immigration Minister in connection with that engagement or employment.\n\n## Part 4—National infrastructure\n\n#### 21 Dangerous or harmful substances and things that must not be carried by post\n\n For the purposes of subparagraph 471.15(1)(b)(ii) of the Code, the following are dangerous or harmful substances or things that 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, saving and transitional provisions\n\n### Division 1—Provisions for this instrument as originally made\n\n#### 22 Things done under the Criminal Code Regulations 2002\n\n (1) If:\n (a) a thing was done for a particular purpose under the Criminal Code Regulations 2002 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.\n\n#### 23 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this section commences.\n (2) This section does not limit section 22 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).","sortOrder":28},{"sectionNumber":"20A","sectionType":"section","heading":"Serious offender unable to engage legal representative in community safety order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control","content":"#### 20A Serious offender unable to engage legal representative in community safety order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 395.34(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 a serious offender’s control in relation to a community safety order proceeding:\n (a) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.","sortOrder":29},{"sectionNumber":"20B","sectionType":"section","heading":"Sharing information—prescribed persons","content":"#### 20B Sharing information—prescribed persons\n\n For the purposes of subsections 395.44(1) and (4) of the Code, the following persons are prescribed:\n (a) an AFP employee (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) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a community safety order is in force in relation to the service recipient; or\n (ii) the Immigration Minister has made, or is considering making, an application for a community safety order in relation to the service recipient;\n (f) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (g) 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 (h) the Director‑General of Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (i) an APS employee in a Department administered by:\n (i) the Immigration Minister; or\n (ii) the Minister administering the Australian Passports Act 2005;\n (j) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (k) a person who is a relevant expert and who is:\n (i) appointed by the Immigration Minister under section 395.43 of the Code; or\n (ii) otherwise engaged by the Immigration Minister, or a person on behalf of the Immigration Minister;\n to assess the risk of a serious offender committing a serious violent or sexual offence for the purposes of Division 395 of the Code (whether or not an application for a community safety order has been made);\n (l) a person who is engaged as a consultant or contractor to perform services for the Department administered by the Immigration Minister;\n (m) a person who is:\n (i) engaged or employed by a person to whom paragraph (l) or this paragraph applies; and\n (ii) performing services for the Department administered by the Immigration Minister in connection with that engagement or employment.","sortOrder":30},{"sectionNumber":"Part 4","sectionType":"part","heading":"National infrastructure","content":"## Part 4—National infrastructure","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"Dangerous or harmful substances and things that must not be carried by post","content":"#### 21 Dangerous or harmful substances and things that must not be carried by post\n\n For the purposes of subparagraph 471.15(1)(b)(ii) of the Code, the following are dangerous or harmful substances or things that 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":32},{"sectionNumber":"Part 5","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Criminal Code Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Criminal Code Act 1995.\n\n#### 4 Definitions\n\n In this instrument:\n\n> AFP member has the same meaning as in Part 5.3 of the Code.\n\n> authorised person means a person who is 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, Victoria, Queensland and the Australian Capital Territory—Chief Executive Officer of the legal aid commission of that State or Territory;\n (b) for Western Australia—Director of Legal Aid under the Legal Aid Commission Act 1976 (WA);\n (c) for South Australia—Director of Legal Services under the Legal Services Commission Act 1977 (SA);\n (d) for Tasmania—Director of the Commission under the Legal Aid Commission Act 1990 (Tas.);\n (e) for the Northern Territory—Director of Legal Aid under the Legal Aid Act 1990 (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 Secretary means the Secretary of the Department administered by the Minister administering the Therapeutic Goods Act 1989.\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> young person means a person who is at least 14 but under 18.\n\n## Part 2—The security of the Commonwealth\n\n### Division 1—Control orders\n\n#### 5 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 to act for a young person in relation to proceedings relating to a control order.\n\n#### 6 Court may request legal aid commission to arrange representation\n\n An issuing court may request a legal aid commission to arrange the legal representation of a young person in proceedings relating to a control order.\n\n#### 7 AFP to inform relevant persons of request and contact details\n\n (1) This section applies if an issuing court requests a legal aid commission under section 6 to arrange the legal representation of a young person in proceedings relating to a control order.\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 legal aid commission of the request; and\n (b) give the legal aid commission the following information 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 young person may need assistance with communication because, for example, the 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, or a legal representative of the Australian Federal Police, must:\n (a) inform the young person of the request; and\n (b) give the young person sufficient information about the legal aid commission to enable the young person to contact and, if necessary, attend the legal aid commission, including the following information that the AFP member or legal representative 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) Subsection (3) does not apply if the actions of the young person make it impracticable for the AFP member or legal representative to comply with that subsection.\n Informing a parent or guardian of the young person\n (5) An AFP member, or a legal representative of the Australian Federal Police, 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 information about the legal aid commission that is required to be provided to the young person under paragraph (3)(b).\n Timing\n (6) An AFP member or legal representative of the Australian Federal Police complying with subsection (2), (3) or (5) must do so as soon as practicable after the issuing court makes 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#### 8 Corresponding State preventative detention laws\n\n For the purposes of the definition of corresponding State preventative detention law in subsection 100.1(1) of the Code, the following are declared to correspond to Division 105 of the Code:\n (a) Part 2A of the Terrorism (Police Powers) Act 2002 (NSW);\n (b) Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.);\n (c) the Terrorism (Preventative Detention) Act 2005 (Qld);\n (d) the Terrorism (Preventative Detention) Act 2006 (WA);\n (e) the Terrorism (Preventative Detention) Act 2005 (SA);\n (f) the Terrorism (Preventative Detention) Act 2005 (Tas.);\n (g) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT);\n (h) Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).\n\n### Division 3—Continuing detention orders\n\n#### 9 Terrorist offender unable to engage legal representative in 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) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 10 Sharing information—prescribed persons\n\n For the purposes of subsections 105A.19(1) and (3) of the Code, the following persons are prescribed:\n (a) an AFP employee (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 (da) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a post‑sentence order or an interim post‑sentence order is in force in relation to the service recipient; or\n (ii) the AFP Minister has made, or is considering making, an application for a post‑sentence order or an interim post‑sentence order in relation to the service recipient;\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 Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (h) an APS employee of a Department administered by the Minister administering:\n (i) the Migration Act 1958; or\n (ii) the Australian Citizenship Act 2007; or\n (iii) the Australian Passports Act 2005;\n (i) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (j) a person who is a relevant expert and who is:\n (i) appointed by the AFP Minister under section 105A.18D of the Code; or\n (ii) otherwise engaged, by the AFP Minister, or a person on behalf of the AFP Minister;\n to assess the risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence (all within the meaning of Division 105A of the Code) for the purposes of that Division (whether or not an application for a post‑sentence order has been made).\n\n## Part 3—Dangers to the community\n\n### Division 1—Serious drugs and precursors\n\n#### 11 Controlled drugs\n\n Each item of the table in clause 1 of Schedule 1 lists:\n (a) for the purposes of paragraph 301.1(1)(a) of the Code, a substance that is a controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the controlled drug; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, the quantity that is the trafficable quantity of the controlled drug.\n\n#### 12 Controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.2(1)(a) of the Code, a growing plant that is a controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity that is a commercial quantity of the controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity that is a marketable quantity of the controlled plant; and\n (d) for the purposes of paragraph (a) of item 1 of the table in section 301.12 of the Code, a quantity that is a trafficable quantity of the controlled plant.\n\n```html\n

Controlled plants and quantities

Item

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#### 13 Controlled precursors\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.3(1)(a) of the Code, a substance that is a controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table is also a controlled precursor: see paragraph 301.3(1)(b) of the Code.\n\n```html\n

Controlled precursors and quantities

Item

Controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1A

Alpha‑Phenylacetoacetamide (APAA)

2.75

915.0

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

587.0

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

2.77

1D

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

1E

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

1F

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

1,585.0

1

Ephedrine

1.2

400.0

2

Ergometrine

0.006

0.15

3

Ergotamine

0.01

0.25

3A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

1,094.0

3B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

261.0

3C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

1,051.0

3D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

3E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

3F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

3G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

4

Isosafrole

1.45

290.0

5

Lysergic acid

0.003

0.075

5A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

1,020.0

6

3,4‑Methylenedioxyphenylacetic acid

1.5

300.0

6AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

266.0

6A

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

292.0

7

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

150.0

7A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

246.0

7B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

980.0

7BA

Norfentanyl

0.006

2.8

7C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

4.0

8

Phenylacetic acid

4.05

1,350.0

8AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

1,531.0

8A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

1,720.0

8B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

3.8

9

Phenylpropanolamine

1.2

400.0

10

Phenyl‑2‑propanone

1.04

340.0

10A

Phenyl‑2‑propanone bisulphite

2.64

880.0

10B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

737.0

10C

4‑Piperidone

0.008

3.8

11

Piperonal

1.6

320.0

11A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

275.0

11B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

1,123.0

12

Pseudoephedrine

1.2

400.0

13

Safrole

2.85

570.0

14

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

15

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

16

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

7.6

17

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

292.0

18

tert‑Butyl 4‑(phenylamino)piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

7.3

19

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

1,194.0

\n```\n\n#### 14 Border controlled drugs\n\n (1) Each item of the table in subclause 1(1) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) of the Code, a substance that is a border controlled drug; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n Restricted listing\n (2) Each item of the table in subclause 1(2) of Schedule 2 lists:\n (a) for the purposes of paragraph 301.4(1)(a) and subsection 301.4(2) of the Code, a substance that is taken to be a border controlled drug only in relation to the following:\n (i) an offence against subsection 307.1(1), 307.2(1), 307.3(1) or 307.4(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 307.5(1), 307.6(1), 307.7(1), 307.8(1), 307.9(1) or 307.10(1) of the Code;\n (iii) an offence against subsection 309.12(1) or 309.13(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled drug; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled drug.\n\n#### 15 Border controlled plants\n\n Each item of the following table lists:\n (a) for the purposes of paragraph 301.5(1)(a) of the Code, a growing plant that is a border controlled plant; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, a quantity (if any) that is a commercial quantity of the border controlled plant; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, a quantity (if any) that is a marketable quantity of the border controlled plant.\n\n```html\n

Border controlled plants and quantities

Item

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#### 16 Border controlled precursors\n\n (1) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) of the Code, a substance that is a border controlled precursor; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity (if any) that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity (if any) that is the marketable quantity of the border controlled precursor.\n\n> Note: A salt or ester of a substance listed in the table and an immediate precursor of a substance listed in the table are also border controlled precursors: see paragraphs 301.6(1)(b) and (c) of the Code.\n\n```html\n

Border controlled precursors and quantities

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

N‑Acetylanthranilic acid

1A

Alpha‑Phenylacetoacetamide (APAA)

2.74

7.3

1B

Alpha‑Phenylacetoacetonitrile (APAAN)

1.76

4.7

1C

4‑Anilino‑N‑phenethylpiperidine (ANPP)

0.006

0.006

2

Any plant of the species Ephedra

2AA

Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

2AB

Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

2A

Chloroephedrine

1.153

3.07

2B

Chloropseudoephedrine

1.153

3.07

2C

Diethyl 2‑(2‑phenylacetyl)propanedioate (DEPAPD)

4.75

12.7

3

Ephedrine

1.2

3.2

4

Ergometrine

0.006

0.006

5

Ergotamine

0.01

0.01

5A

Ethyl alpha‑phenylacetoacetate (EAPA)

3.28

8.8

5B

Ethyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.3

13.0

5C

Ethyl 3‑phenyl‑2‑methyl glycidate

3.18

8.5

5D

Isobutyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

5E

Isobutyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

5F

Isopropyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

5G

Isopropyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

6

Isosafrole

1.45

1.45

7

Lysergic acid

0.003

0.003

7A

Methyl alpha‑phenylacetoacetate (MAPA)

3.06

8.2

7AA

3‑(3’,4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid

1.33

13.3

7B

3‑(3’, 4’‑Methylenedioxyphenyl)‑2‑methyl glycidic acid, sodium salt (NaMDMG)

1.46

14.6

8

3,4‑Methylenedioxyphenyl‑2‑propanone

0.75

0.75

8A

Methyl 3‑(3’, 4’‑methylenedioxyphenyl)‑2‑methyl glycidate (MMDMG)

1.23

12.3

8B

Methyl 3‑phenyl‑2‑methyl glycidate

2.96

7.9

8BA

Norfentanyl

0.006

0.006

8C

N‑Phenethyl‑4‑piperidone (NPP)

0.008

0.008

9

Phenylacetic acid

4.05

10.8

9AA

3‑Phenyl‑2‑methyl glycidic acid

4.6

12.2

9A

3‑Phenyl‑2‑methyl glycidic acid, sodium salt

5.17

13.7

9B

N‑Phenyl‑4‑piperidinamine (4‑AP)

0.008

0.008

10

Phenylpropanolamine

1.2

3.2

11

Phenyl‑2‑propanone

1.04

2.7

11A

Phenyl‑2‑propanone bisulphite

2.64

7.04

11B

1‑Phenylpropan‑2‑yl 4‑methylbenzenesulfonate (para‑tosyl‑phenyl‑2‑propanol)

2.25

5.9

11C

4‑Piperidone

0.008

0.008

12

Piperonal

1.6

1.6

12A

Propyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.38

13.8

12B

Propyl 3‑phenyl‑2‑methyl glycidate

3.39

9.1

13

Pseudoephedrine

1.2

3.2

14

Safrole

2.85

2.85

15

sec‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

16

sec‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

17

N‑(tert‑Butoxycarbonyl)‑4‑piperidone

0.015

0.015

18

tert‑Butyl 3‑(3’,4’‑methylenedioxyphenyl)‑2‑methyl glycidate

1.46

14.6

19

tert‑Butyl 4‑(phenylamino) piperidine‑1‑carboxylate (1‑boc‑4‑AP)

0.015

0.015

20

tert‑Butyl 3‑phenyl‑2‑methyl glycidate

3.61

9.6

\n```\n\n Restricted listing\n (2) Each item of the following table lists:\n (a) for the purposes of paragraph 301.6(1)(a) and subsection 301.6(1A) of the Code, a substance that is taken to be a border controlled precursor only in relation to the following:\n (i) an offence against subsection 307.11(1), 307.12(1) or 307.13(1) of the Code, if the offence relates to importing a substance;\n (ii) an offence against subsection 309.14(1) or 309.15(1) of the Code, if the offence relates to procuring an individual to import a substance; and\n (b) for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, the quantity that is the commercial quantity of the border controlled precursor; and\n (c) for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code, the quantity that is the marketable quantity of the border controlled precursor.\n\n> Note: For a salt, ester or immediate precursor of a substance listed in the table, see paragraphs 301.6(1)(b) and (c) and subsection 301.6(1B) of the Code.\n\n```html\n

Border controlled precursors and quantities—restricted listing

Item

Border controlled precursor

Commercial quantity (kilograms)

Marketable quantity (grams)

1

Alpha‑Methyl‑1,3‑benzodioxole‑5‑propanal (Helional)

1.0

1.0

2

Benzaldehyde

1.85

4.8

3

Hypophosphorous acid (Phosphinic acid)

1.2

3.2

4

Iodine

1.2

3.2

5

Methylamine

0.6

1.6

\n```\n\n### Division 2—Psychoactive substances\n\n#### 17 Importing psychoactive substances\n\n For the purposes of paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 18 Importing substances represented to be serious drug alternatives\n\n For the purposes of paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in section 19 of this instrument is prescribed.\n\n#### 19 Conditions for importing certain substances\n\n (1) For the purposes of sections 17 and 18, 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 is covered by subsection (2); 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 paragraph (2)(a), (d), (e) or (f) applies and the importer is employed by the body mentioned in the applicable paragraph—the name of the importer’s employer; and\n (vi) any other information required by the Health Secretary.\n (2) For the purposes of paragraph (1)(b), the importer is covered by this subsection if:\n (a) the importer is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or\n (b) the importer 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 (c) the importer 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 (d) the importer is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or\n (e) the importer is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or\n (f) all of the following apply:\n (i) the importer is, or is employed by, an entity that imports drugs (within the meaning of subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956) on behalf of a person or body mentioned in paragraph (a), (b), (c), (d) or (e);\n (ii) the person or body holds a licence of a kind mentioned in paragraph (1)(a);\n (iii) the importer is importing the substance at the written request of the person or body.\n (3) For the purposes of paragraph (1)(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\n### Division 3—Cross‑border firearms trafficking\n\n#### 20 Firearm law\n\n For the purposes of the definition of firearm law in subsections 360.2(3) and 360.3(2) of the Code, the following laws are prescribed:\n (a) the Firearms Act 1996 (NSW);\n (b) the Firearms Act 1996 (Vic.);\n (c) the Weapons Act 1990 (Qld);\n (d) the Firearms Act 1973 (WA);\n (e) the Firearms Act 2015 (SA);\n (f) the Firearms Act 1996 (Tas.);\n (g) the Firearms Act 1996 (ACT);\n (h) the Firearms Act 1997 (NT);\n (i) the Firearms and Prohibited Weapons Act 1997 (Norfolk Island);\n (j) any regulations made under any of the Acts referred to in paragraphs (a) to (i).\n\n### Division 4—Community safety orders\n\n#### 20A Serious offender unable to engage legal representative in community safety order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control\n\n For the purposes of paragraph 395.34(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 a serious offender’s control in relation to a community safety order proceeding:\n (a) the offender’s financial circumstances;\n (b) whether the 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) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;\n (d) any other matter that the Court considers relevant.\n\n#### 20B Sharing information—prescribed persons\n\n For the purposes of subsections 395.44(1) and (4) of the Code, the following persons are prescribed:\n (a) an AFP employee (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) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient) if:\n (i) a community safety order is in force in relation to the service recipient; or\n (ii) the Immigration Minister has made, or is considering making, an application for a community safety order in relation to the service recipient;\n (f) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;\n (g) 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 (h) the Director‑General of Security, a Deputy Director‑General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);\n (i) an APS employee in a Department administered by:\n (i) the Immigration Minister; or\n (ii) the Minister administering the Australian Passports Act 2005;\n (j) a person:\n (i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or\n (ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;\n (k) a person who is a relevant expert and who is:\n (i) appointed by the Immigration Minister under section 395.43 of the Code; or\n (ii) otherwise engaged by the Immigration Minister, or a person on behalf of the Immigration Minister;\n to assess the risk of a serious offender committing a serious violent or sexual offence for the purposes of Division 395 of the Code (whether or not an application for a community safety order has been made);\n (l) a person who is engaged as a consultant or contractor to perform services for the Department administered by the Immigration Minister;\n (m) a person who is:\n (i) engaged or employed by a person to whom paragraph (l) or this paragraph applies; and\n (ii) performing services for the Department administered by the Immigration Minister in connection with that engagement or employment.\n\n## Part 4—National infrastructure\n\n#### 21 Dangerous or harmful substances and things that must not be carried by post\n\n For the purposes of subparagraph 471.15(1)(b)(ii) of the Code, the following are dangerous or harmful substances or things that 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, saving and transitional provisions\n\n### Division 1—Provisions for this instrument as originally made\n\n#### 22 Things done under the Criminal Code Regulations 2002\n\n (1) If:\n (a) a thing was done for a particular purpose under the Criminal Code Regulations 2002 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.\n\n#### 23 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this section commences.\n (2) This section does not limit section 22 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).","sortOrder":33},{"sectionNumber":"22","sectionType":"section","heading":"Things done under the Criminal Code Regulations 2002","content":"#### 22 Things done under the Criminal Code Regulations 2002\n\n (1) If:\n (a) a thing was done for a particular purpose under the Criminal Code Regulations 2002 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.","sortOrder":35},{"sectionNumber":"23","sectionType":"section","heading":"Conduct, event, circumstances occurring before commencement","content":"#### 23 Conduct, event, circumstances occurring before commencement\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this section commences.\n (2) This section does not limit section 22 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).","sortOrder":36}],"analysis":{"summary":{"name":"Criminal Code Regulations 2019","slug":"criminal-code-regulations-2019","title_id":"F2019L00561","version_id":99149,"analysis_type":"summary","content_quality":"complete","complexity_score":4,"scope_assessment":{"changed":false,"description":"Scope follows the parent statute: prescribing matters required or permitted to be prescribed under the Criminal Code, particularly drug schedules, post-sentence regime machinery, firearm law lists, psychoactive import conditions and dangerous postal items."},"complexity_factors":["interlocks with Part 5.3 (control orders, preventative detention orders, continuing detention orders), Division 395 (community safety orders), Part 9.1 (drugs) and section 471.15 (post) of the Criminal Code","imports and uses definitions from the Customs (Prohibited Imports) Regulations 1956, the Therapeutic Goods Act 1989, the Australian Federal Police Act 1979 and ASIO Act 1979","schedules are the operative content for drug offences with three threshold categories (trafficable, marketable, commercial) per substance","section 22 and section 23 anchor transitional treatment from the predecessor Criminal Code Regulations 2002","section 19 import conditions impose written-notice obligations on the Health Secretary that affect law enforcement, forensic, medical and scientific research workflows"],"plain_english_summary":"The Criminal Code Regulations 2019 (Cth) is the legislative instrument made under the Criminal Code Act 1995 that fills in the prescribed lists and quantities the Code sends out for delegated legislation. Schedule 1 lists controlled drugs with commercial, marketable and trafficable quantities (section 11). Schedule 2 lists border controlled drugs and quantities (section 14). Other schedules cover controlled plants (section 12), controlled precursors (section 13), border controlled plants (section 15) and border controlled precursors (section 16).\n\nPart 2 deals with national security and post-sentence regimes. Sections 5 to 7 set the legal representation arrangements for young persons aged 14 to under 18 in control order proceedings: an issuing court can request a legal aid commission to arrange representation, with AFP members required to give prescribed information to the legal aid commission, the young person and a parent or guardian at least 48 hours before the next court day. Section 8 declares the corresponding State preventative detention laws. Sections 9 and 10 prescribe matters and information-sharing classes for continuing detention orders under Division 105A.\n\nPart 3 covers dangers to the community. Sections 17 to 19 set the conditions under which psychoactive substances and substances represented to be serious drug alternatives may be imported by forensic, law enforcement, medical and scientific research importers under a Health Secretary licence. Section 20 prescribes State and Territory firearm laws for cross-border firearms trafficking offences. Sections 20A and 20B mirror the continuing detention order matters and information-sharing for community safety orders under Division 395.\n\nSection 21 prescribes dangerous gases, thermally unstable substances and self-igniting substances that must not be carried by post under section 471.15(1)(b)(ii). Sections 22 and 23 carry saving and transitional provisions for the prior 2002 instrument."},"kimi_summary":{"_metrics":{"completionTokens":616},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears to operate within its original intended scope as a technical implementation instrument under the Criminal Code Act 1995. It does not appear to have expanded beyond its purpose of setting quantities, prescribing persons, and establishing procedural rules for the parent Act."},"complexity_factors":["Extensive cross-referencing to the Criminal Code Act 1995 and other Commonwealth and state/territory legislation","Multiple detailed tables with precise chemical quantities (down to 0.001 kg increments)","Jurisdiction-specific definitions (different titles for legal aid CEOs in each state/territory)","Nested conditional logic for drug import licensing (section 19)","Duplicated and overlapping content in the source document suggesting compilation from multiple sources","Specialised terminology requiring chemical, legal, and administrative knowledge"],"plain_english_summary":"This is a detailed regulation made under Australia's Criminal Code Act 1995. It does five main things:\n\n**1. Legal help for young people in terrorism cases**\n- Sets up a system where courts can request legal aid for teenagers (14-17 years old) who are subject to \"control orders\" (court-imposed restrictions on people suspected of terrorism-related activity)\n- Requires Australian Federal Police to inform the young person, their parents, and legal aid commissions about the case within 48 hours of court proceedings\n\n**2. Matching state and federal terrorism detention laws**\n- Lists which state and territory laws correspond to federal preventative detention powers, ensuring police can detain terrorism suspects across jurisdictions\n\n**3. Rules for keeping dangerous people detained after prison**\n- Sets out what courts should consider when deciding if a convicted terrorist can afford a lawyer for \"continuing detention order\" hearings (where the government seeks to keep someone locked up after their sentence ends)\n- Lists who can share information about these cases — including police, prison officials, ASIO, and various government agencies\n\n**4. Drug and precursor chemical classifications**\n- Contains extensive tables listing specific quantities of drugs and precursor chemicals that trigger different offence levels:\n - **Controlled drugs/plants** (like cannabis): sets \"trafficable\" (small), \"marketable\" (medium), and \"commercial\" (large) quantities\n - **Border controlled drugs/plants/precursors**: sets quantities for import/export offences\n - **Psychoactive substances**: creates a licensing system for importing these for research or law enforcement purposes\n\n**5. Firearms and community safety**\n- Lists which state firearm laws apply for cross-border trafficking offences\n- Sets similar rules for \"community safety orders\" (civil orders restricting serious violent offenders)\n- Bans certain dangerous substances from being sent by post\n\n**Why it matters**: This regulation translates broad criminal law powers into specific, measurable rules — particularly the exact quantities of drugs and chemicals that determine how serious an offence is, and the procedural safeguards for young people caught up in terrorism investigations."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-code-regulations-2019","history":"/api/acts/criminal-code-regulations-2019/history","analysis":"/api/acts/criminal-code-regulations-2019/analysis","conflicts":"/api/acts/criminal-code-regulations-2019/conflicts","importantCases":"/api/acts/criminal-code-regulations-2019/important-cases","documents":"/api/acts/criminal-code-regulations-2019/documents"}}