CTHIn ForceAct
Criminal Code Act 1995
full-source-retrieval-0056Document excerpt 56
Division 273B—Protection of children
Subdivision A—Preliminary
273B.1 Definitions
273B.2 Geographical jurisdiction
273B.3 Double jeopardy
Subdivision B—Offences relating to the protection of children
273B.4 Failing to protect child at risk of child sexual abuse offence
273B.5 Failing to report child sexual abuse offence
Subdivision C—Rules about conduct of trials
273B.6 Consent to commence proceedings
273B.7 Evidence relating to a person’s age
Subdivision D—Relationship with other laws
273B.8 Relationship with State and Territory laws
273B.9 Protection from other laws etc. for complying with this Division
Division 274—Torture
274.1 Definitions
274.2 Torture
274.3 Prosecutions
274.4 No defence of exceptional circumstances or superior orders
274.5 Jurisdiction of State/Territory courts preserved
274.6 Concurrent operation intended
274.7 Double jeopardy
Division 279—Video link evidence
279.1 Proceedings to which this Division applies
279.2 When court may take evidence by video link
279.3 Technical requirements for video link
279.4 Application of laws about witnesses
279.5 Administration of oaths and affirmations
279.6 Expenses
279.7 Other laws about foreign evidence not affected
Chapter 9—Dangers to the community
Part 9.1—Serious drug offences
Division 300—Preliminary
300.1 Purpose
300.2 Definitions
300.3 Geographical jurisdiction
300.4 Concurrent operation intended
300.5 Particular identity of drugs, plants and precursors
300.6 Recklessness as to nature of substance or plant sufficient for offence of attempt to commit an offence against this Part
Division 301—Serious drugs and precursors
Subdivision A—Serious drugs and precursors: definitions
301.1 Meaning of controlled drug
301.2 Meaning of controlled plant
301.3 Meaning of controlled precursor
301.4 Meaning of border controlled drug
301.5 Meaning of border controlled plant
301.6 Meaning of border controlled precursor
301.7 Serious drugs—conditions for listing by regulation
301.8 Serious drug precursors—conditions for listing by regulation
301.9 Meaning of drug analogue
Subdivision B—Serious drugs and precursors: commercial, marketable and trafficable quantities
301.10 Meaning of commercial quantity
301.11 Meaning of marketable quantity
301.12 Meaning of trafficable quantity
Subdivision C—Serious drugs and precursors: emergency determinations
301.13 Emergency determinations—serious drugs
301.14 Emergency determinations—serious drug precursors
301.15 Emergency determinations—commercial, marketable and trafficable quantities
301.16 Emergency determinations—effectiveness
301.17 Emergency determinations—publication
Division 302—Trafficking controlled drugs
302.1 Meaning of traffics
302.2 Trafficking commercial quantities of controlled drugs
302.3 Trafficking marketable quantities of controlled drugs
302.4 Trafficking controlled drugs
302.5 Presumption where trafficable quantities are involved
302.6 Purchase of controlled drugs is not an ancillary offence
Division 303—Commercial cultivation of controlled plants
303.1 Meanings of cultivate and cultivates a plant
303.2 Meaning of product of a plant
303.3 Meaning of cultivates a plant for a commercial purpose
303.4 Cultivating commercial quantities of controlled plants
303.5 Cultivating marketable quantities of controlled plants
303.6 Cultivating controlled plants
303.7 Presumption where trafficable quantities are involved
Division 304—Selling controlled plants
304.1 Selling commercial quantities of controlled plants
304.2 Selling marketable quantities of controlled plants
304.3 Selling controlled plants
Division 305—Commercial manufacture of controlled drugs
305.1 Meanings of manufacture and manufactures a substance
305.2 Meaning of manufactures a substance for a commercial purpose
305.3 Manufacturing commercial quantities of controlled drugs
305.4 Manufacturing marketable quantities of controlled drugs
305.5 Manufacturing controlled drugs
305.6 Presumption where trafficable quantities are involved
Division 306—Pre‑trafficking controlled precursors
306.1 Meaning of pre‑traffics
306.2 Pre‑trafficking commercial quantities of controlled precursors
306.3 Pre‑trafficking marketable quantities of controlled precursors
306.4 Pre‑trafficking controlled precursors
306.5 Presumption for pre‑trafficking controlled precursors—sale
306.6 Presumptions for pre‑trafficking controlled precursors—manufacture for drug manufacture
306.7 Presumptions for pre‑trafficking controlled precursors—manufacture for sale
306.8 Presumptions for pre‑trafficking controlled precursors—possession
Division 307—Import‑export offences
Subdivision A—Importing and exporting border controlled drugs or border controlled plants
307.1 Importing and exporting commercial quantities of border controlled drugs or border controlled plants
307.2 Importing and exporting marketable quantities of border controlled drugs or border controlled plants
307.3 Importing and exporting border controlled drugs or border controlled plants
307.4 Importing and exporting border controlled drugs or border controlled plants—no defence relating to lack of commercial intent
Subdivision B—Possessing unlawfully imported border controlled drugs or border controlled plants
307.5 Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants
307.6 Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants
307.7 Possessing unlawfully imported border controlled drugs or border controlled plants
Subdivision C—Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.8 Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.10 Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
Subdivision D—Importing and exporting border controlled precursors
307.11 Importing and exporting commercial quantities of border controlled precursors
307.12 Importing and exporting marketable quantities of border controlled precursors
307.13 Importing and exporting border controlled precursors
Division 308—Possession offences
308.1 Possessing controlled drugs
308.2 Possessing controlled precursors
308.3 Possessing plant material, equipment or instructions for commercial cultivation of controlled plants
308.4 Possessing substance, equipment or instructions for commercial manufacture of controlled drugs
Division 309—Drug offences involving children
309.1 Children not criminally responsible for offences against this Division
309.2 Supplying controlled drugs to children
309.3 Supplying marketable quantities of controlled drugs to children for trafficking
309.4 Supplying controlled drugs to children for trafficking
309.5 Presumption where trafficable quantities are involved
309.6 Meaning of procures an individual to traffic
309.7 Procuring children for trafficking marketable quantities of controlled drugs
309.8 Procuring children for trafficking controlled drugs
309.9 Meaning of procures an individual to pre‑traffic
309.10 Procuring children for pre‑trafficking marketable quantities of controlled precursors
309.11 Procuring children for pre‑trafficking controlled precursors
309.12 Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants
309.13 Procuring children for importing or exporting border controlled drugs or border controlled plants
309.14 Procuring children for importing or exporting marketable quantities of border controlled precursors
309.15 Procuring children for importing or exporting border controlled precursors
Division 310—Harm and danger to children under 14 from serious drug offences
310.1 Children not criminally responsible for offences against this Division
310.2 Danger from exposure to unlawful manufacturing
310.3 Harm from exposure to unlawful manufacturing
310.4 Aggravated offences—manufacturing controlled drugs and controlled precursors
Division 311—Combining quantities of drugs, plants or precursors
Subdivision A—Combining different parcels on the same occasion
311.1 Combining different parcels on the same occasion
Subdivision B—Combining parcels from organised commercial activities
311.2 Business of trafficking controlled drugs
311.3 Business of pre‑trafficking by selling controlled precursors
311.4 Business of importing or exporting border controlled drugs or border controlled plants
311.5 Business of importing or exporting border controlled precursors
311.6 Business of supplying controlled drugs to children
311.7 General rules—combining parcels from organised commercial activities
Subdivision C—Combining parcels from multiple offences
311.8 Multiple offences—trafficking controlled drugs
311.9 Multiple offences—cultivating controlled plants
311.10 Multiple offences—selling controlled plants
311.11 Multiple offences—manufacturing controlled drugs
311.12 Multiple offences—pre‑trafficking controlled precursors
311.13 Multiple offences—importing or exporting border controlled drugs or border controlled plants
311.14 Multiple offences—possessing unlawfully imported border controlled drugs or border controlled plants
311.15 Multiple offences—possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
311.16 Multiple offences—importing or exporting border controlled precursors
311.17 Multiple offences—supplying controlled drugs to children for trafficking
311.18 Multiple offences—procuring children for trafficking controlled drugs
311.19 Multiple offences—procuring children for pre‑trafficking controlled precursors
311.20 Multiple offences—procuring children for importing or exporting border controlled drugs or border controlled plants
311.21 Multiple offences—procuring children for importing or exporting border controlled precursors
311.22 General rules—combining parcels from multiple offences
Division 312—Working out quantities of drugs, plants or precursors
312.1 Working out quantities of drugs and precursors in mixtures
312.2 Working out quantities where different kinds of drugs, plants or precursors are involved
Division 313—Defences and alternative verdicts
313.1 Defence—conduct justified or excused by or under a law of a State or Territory
313.2 Defence—reasonable belief that conduct is justified or excused by or under a law
313.3 Alternative verdict—offence not proved
313.4 Alternative verdict—mistake as to quantity of drug, plant or precursor
313.5 Alternative verdict—mistake as to identity of drug, plant or precursor
Part 9.2—Psychoactive substances
Division 320—Psychoactive substances
320.2 Importing psychoactive substances
320.3 Importing substances represented to be serious drug alternatives
Part 9.4—Dangerous weapons
Division 360—Cross‑border firearms trafficking
360.1 Disposal and acquisition of a firearm or firearm part
360.2 Cross‑border offence of disposal or acquisition of a firearm or firearm part
360.3 Taking or sending a firearm or firearm part across borders
360.3B Double jeopardy and alternative verdicts
360.4 Concurrent operation intended
Division 361—International firearms trafficking
361.2 Trafficking prohibited firearms or firearm parts into Australia
361.3 Trafficking prohibited firearms or firearm parts out of Australia
361.4 Defence—reasonable belief that conduct is justified or excused by or under a law
361.6 Double jeopardy and alternative verdicts
370.2 Definition of foreign indictable offence
370.3 Concurrent operation intended
Division 372—Identity fraud offences
372.1 Dealing in identification information
372.1A Dealing in identification information that involves use of a carriage service
372.2 Possession of identification information
372.3 Possession of equipment used to make identification documentation
372.4 Extended geographical jurisdiction—category A
372.5 Alternative verdict
Division 375—Victims’ certificates
375.1 Certificate may be issued by magistrate in relation to victim of identity crime
375.2 Content of certificate
375.3 Relation to civil and criminal proceedings
375.4 Power conferred on magistrate personally
Division 376—False identity and air travel
376.1 Definitions for Division 376
376.2 False identification information—at constitutional airports
376.3 False identification information—air passenger tickets obtained using a carriage service
376.4 False identification information—air passenger tickets for constitutional flights
376.5 False identification information—extended jurisdiction (Category D)
Part 9.6—Contamination of goods
380.2 Contaminating goods
380.3 Threatening to contaminate goods
380.4 Making false statements about contamination of goods
380.5 Extended geographical jurisdiction—category D
Part 9.9—Criminal associations and organisations
Division 390—Criminal associations and organisations
Subdivision A—Definitions
390.2 State offences that have a federal aspect
390.3 Associating in support of serious organised criminal activity
390.4 Supporting a criminal organisation
390.5 Committing an offence for the benefit of, or at the direction of, a criminal organisation
390.6 Directing activities of a criminal organisation
390.7 Extended geographical jurisdiction—category C
Part 9.10—Community safety orders
Division 395—Community safety orders
Subdivision A—Preliminary
395.3 Concurrent operation intended
395.4 Regulations may modify operation of this Division to deal with interaction between this Division and State and Territory laws
Subdivision B—Community safety orders
395.5 Who a community safety order may apply to and effect of community safety orders
395.6 Preconditions for community safety orders
395.7 Treatment of a serious offender in a prison under a community safety detention order
Subdivision C—Making community safety orders
395.8 Applying for a community safety order
395.9 Appointment of and assessment by relevant expert
395.10 Determining an application for a community safety order
395.11 Matters a Court must have regard to in making a community safety order
395.12 Making a community safety detention order
395.13 Making a community safety supervision order
395.14 Conditions of community safety supervision orders
395.15 Conditions where exemptions may be granted
395.16 Treatment of photographs and impressions of fingerprints
395.17 Obligations relating to monitoring devices
395.18 Copy of a community safety supervision order must be given to serious offender’s lawyer
Subdivision D—Varying a community safety supervision order
395.19 Application for variations of community safety supervision orders
395.20 Varying a community safety supervision order (other than by consent)
395.21 Varying community safety supervision order by consent
395.22 Terms of a varied community safety supervision order
Subdivision E—Review of community safety order
395.23 Periodic review of community safety order
395.24 Review of community safety order on application
395.25 Process for reviewing a community safety order
395.26 Varying community safety orders after review
Subdivision F—Provisions relating to community safety order proceedings
395.27 Civil evidence and procedure rules in relation to community safety order proceedings
395.28 Adducing evidence and making submissions
395.29 Giving copies of applications etc. to serious offenders
395.30 Information excluded from application or material—national security information
395.31 Information excluded from application or material—public interest immunity
395.32 Information excluded from application and material
395.33 Giving documents to serious offenders who are detained in custody
395.34 When a serious offender is unable to engage a legal representative
395.35 Reasons for decisions
395.37 Consequences of sentences ending or orders ceasing to be in force
Subdivision G—Offences relating to community safety supervision orders
395.38 Offence for contravening a community safety supervision order
395.39 Offence relating to monitoring devices
395.40 Mandatory 1 year imprisonment for offences
Subdivision H—Miscellaneous
395.41 Detention under the Migration Act 1958
395.42 Effect of prison detention on community safety order
395.43 Immigration Minister may direct serious offenders to be assessed
395.44 Sharing information
395.45 Sharing information relating to community safety supervision orders
395.46 Delegation by the Immigration Minister
395.47 Arrangement with States and Territories
395.48 Arrangements by Australian Federal Police Commissioner for functions and powers relating to community safety supervision orders
395.50 Effect of community safety detention orders on bail or parole laws
Schedule—The Criminal Code
Chapter 8—Offences against humanity and related offences
Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court
Subdivision A—Introductory
268.1 Purpose of Division
(1) The purpose of this Division is to create certain offences that are of international concern and certain related offences.