(e) apply the substance externally to the body of a person; and
(f) by any other means introduce the substance into any part of the body of a person.
psychoactive effect, in relation to a person, means:
(a) stimulation or depression of the person’s central nervous system, resulting in hallucinations or in a significant disturbance in, or significant change to, motor function, thinking, behaviour, perception, awareness or mood; or
(b) causing a state of dependence, including physical or psychological addiction.
psychoactive substance means any substance that, when a person consumes it, has the capacity to induce a psychoactive effect.
serious drug alternative means a substance that:
(a) has a psychoactive effect that is the same as, or is substantially similar to, the psychoactive effect of a serious drug; or
(b) is a lawful alternative to a serious drug.
(2) Expressions used in this Part that are defined for the purposes of Part 9.1 have the same meaning as in that Part.
320.2 Importing psychoactive substances
(1) A person commits an offence if:
(a) the person imports a substance; and
(b) the substance is a psychoactive substance.
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
(2) Subject to subsection (3), this section does not apply to a substance if it is:
(a) food (within the meaning of the Food Standards Australia New Zealand Act 1991) for which:
(i) there is a standard (within the meaning of that Act); or
(ii) in the form in which the substance is presented, there is a tradition in Australia and New Zealand of using the substance as food for humans; or
(b) a tobacco product (within the meaning of the Public Health (Tobacco and Other Products) Act 2023); or
(c) goods that are listed goods, or registered goods, within the meaning of the Therapeutic Goods Act 1989; or
(d) goods that are represented in any way to be:
(i) for therapeutic use (within the meaning of that Act); or
(ii) for use as an ingredient or component in the manufacture of therapeutic goods (within the meaning of that Act);
other than goods that are represented as a serious drug alternative; or
(e) therapeutic goods that are:
(i) exempt goods (within the meaning of that Act); or
(ii) exempt under section 18A of that Act; or
(iii) the subject of an approval or authority under section 19 of that Act; or
(iv) the subject of an approval under section 19A of that Act; or
(f) a substance or mixture of substances:
(i) that is an agricultural chemical product (within the meaning of the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994); or
(ii) that would be such an agricultural chemical product, apart from regulations made for the purposes of paragraph 4(4)(b) of that Code; or
(g) a substance or mixture of substances:
(i) that is a veterinary chemical product (within the meaning of that Code); or
(ii) to which paragraph 5(4)(a) of that Code applies; or
(iii) that would be such a veterinary chemical product, apart from regulations made for the purposes of paragraph 5(4)(b) of that Code; or
(h) a substance or mixture of substances that is an active constituent (within the meaning of that Code) for a proposed or existing chemical product (within the meaning of that Code), and that:
(i) is an approved active constituent (within the meaning of that Code); or
(ii) is an exempt active constituent (within the meaning of subsection 69B(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992); or
(iii) is imported into Australia with the written consent of the Australian Pesticides and Veterinary Medicines Authority under subsection 69B(1B) of that Act; or
(i) an industrial chemical within the meaning of the Industrial Chemicals Act 2019; or
(ia) a plant or fungus, or an extract from a plant or fungus; or
(j) a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor; or
(k) a prohibited import within the meaning of the Customs Act 1901; or
(l) prescribed by, or included in a class of substances prescribed by, the regulations.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
(3) Subsection (2) does not apply to a substance that contains any psychoactive substance that is not of a kind specified in any of paragraphs (2)(a) to (l).
(4) In a prosecution for an offence under subsection (1), it is not necessary to prove that the defendant was reckless as to:
(a) the particular identity of the substance; or
(b) whether the substance had a particular psychoactive effect.
320.3 Importing substances represented to be serious drug alternatives
(1) A person commits an offence if:
(a) the person imports a substance; and
(b) at the time of the importation, the presentation of the substance includes an express or implied representation that the substance is a serious drug alternative.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
(2) For the purposes of paragraph (1)(b), the presentation of a substance includes, but is not limited to, matters relating to:
(a) the name of the substance; and
(b) the labelling and packaging of the substance and
(c) any advertising or other informational material associated with the substance.
(3) This section does not apply to a substance if it is:
(a) food (within the meaning of the Food Standards Australia New Zealand Act 1991) for which:
(i) there is a standard (within the meaning of that Act); or
(ii) in the form in which the substance is presented, there is a tradition in Australia and New Zealand of using the substance as food for humans; or
(b) goods that are listed goods, or registered goods, within the meaning of the Therapeutic Goods Act 1989; or
(c) therapeutic goods that are:
(i) exempt goods (within the meaning of that Act); or
(ii) exempt under section 18A of that Act; or
(iii) the subject of an approval or authority under section 19 of that Act; or
(iv) the subject of an approval under section 19A of that Act; or
(d) a substance or mixture of substances that is a chemical product (within the meaning of the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994), and that:
(i) is a registered chemical product (within the meaning of that Code); or
(ii) is a reserved chemical product (within the meaning of that Code); or
(iii) is an exempt chemical product (within the meaning of subsection 69B(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992); or
(iv) is imported into Australia with the written consent of the Australian Pesticides and Veterinary Medicines Authority under subsection 69B(1B) of that Act; or
(e) a substance or mixture of substances that is an active constituent (within the meaning of that Code) for a proposed or existing chemical product (within the meaning of that Code), and that:
(i) is an approved active constituent (within the meaning of that Code); or
(ii) is an exempt active constituent (within the meaning of subsection 69B(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992); or
(iii) is imported into Australia with the written consent of the Australian Pesticides and Veterinary Medicines Authority under subsection 69B(1B) of that Act; or
(f) prescribed by, or included in a class of substances prescribed by, the regulations.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
(4) In a prosecution for an offence under subsection (1), it is not necessary to prove that:
(a) the representation of the substance to be a serious drug alternative related to a particular serious drug; or
(b) the defendant intended to cause any person to believe that the substance:
(i) was a particular serious drug; or
(ii) has a psychoactive effect that is the same as or similar to a particular serious drug; or
(iii) is a lawful alternative to a particular serious drug; or
(c) the defendant knew, or was reckless as to:
(i) the particular identity of the substance, or
(ii) whether the substance has a particular psychoactive effect.
Part 9.4—Dangerous weapons
Division 360—Cross‑border firearms trafficking
360.1 Disposal and acquisition of a firearm or firearm part
(1) For the purposes of this Division, and without limitation, a person disposes of a firearm or a firearm part if any of the following applies:
(a) the person sells the firearm or part (whether or not the person to whom the firearm or part is sold also acquires physical control of the firearm or part);
(b) the person hires, leases or rents the firearm or part to another person;
(c) the person passes physical control of the firearm or part to another person (whether or not the person to whom physical control is passed also acquires ownership of the firearm or part).
(2) For the purposes of this Division, and without limitation, a person acquires a firearm or a firearm part if any of the following applies:
(a) the person purchases the firearm or part (whether or not the person also acquires physical control of the firearm or part);
(b) the person hires, leases or rents the firearm or part from another person;
(c) the person obtains physical control of the firearm or part (whether or not the person also acquires ownership of the firearm or part).
360.2 Cross‑border offence of disposal or acquisition of a firearm or firearm part
Basic offence
(1) A person commits an offence if:
(a) the person engages in conduct that constitutes an offence (the underlying offence) against a firearm law; and
(b) the person does so in the course of trade or commerce:
(i) among the States; or
(ii) between a State and a Territory, or between 2 Territories; and
(c) the primary element of the underlying offence involves:
(i) the disposal of a firearm or a firearm part by the person; or
(ii) the acquisition of a firearm or a firearm part by the person.
Penalty: Imprisonment for 20 years or a fine of 5,000 penalty units, or both.
Aggravated offence—disposing or acquiring 50 or more firearms or firearm parts in 6 month period
(2) A person commits an offence if:
(a) the person engages in conduct on one or more occasions that constitutes an offence (the underlying offence) against a firearm law; and
(b) the person does so in the course of trade or commerce:
(i) among the States; or
(ii) between a State and a Territory, or between 2 Territories; and
(c) the primary element of the underlying offence involves:
(i) the disposal of a firearm or a firearm part by the person; or
(ii) the acquisition of a firearm or a firearm part by the person; and
(d) the conduct on any occasion, or on 2 or more occasions taken together, results in the disposal, or acquisition, by the person of:
(i) 50 or more firearms; or
(ii) 50 or more firearm parts; or
(iii) a combination of firearms and firearm parts such that the sum of the firearms and the firearm parts is 50 or more; and
(e) if the disposal or acquisition of the firearms or parts mentioned in paragraph (d) resulted from conduct on 2 or more occasions taken together—the occasions of conduct occurred during a 6 month period.
Penalty: Imprisonment for life or a fine of 7,500 penalty units, or both.
Provisions relating to basic offence and aggravated offence
(2A) There is no fault element for any of the physical elements described in paragraphs (1)(a) and (2)(a), other than the fault elements (however described), if any, for the underlying offence.
(2B) To avoid doubt:
(a) in determining whether the conduct referred to in paragraph (1)(a) or (2)(a) constitutes the underlying offence, any defences or special liability provisions (however described) that apply in relation to the underlying offence have effect; and
(b) a person may be convicted of an offence against subsection (1) or (2) even if the person has not been convicted of the underlying offence; and
(c) for the purposes of subsection (2)—it is immaterial whether:
(i) the underlying offence is the same on each occasion; or
(ii) the conduct constituting the underlying offence is the same on each occasion; or
(iii) the firearms or firearm parts to which the conduct relates are of the same kind.
(2C) Absolute liability applies to paragraphs (1)(b) and (c) and (2)(b), (c) and (e).
Note: For absolute liability, see section 6.2.
(2D) Strict liability applies to paragraph (2)(d).
Note: For strict liability, see section 6.1.
Definitions
(3) In this section:
firearm means a firearm within the meaning of the firearm law concerned.
firearm law means a law of a State or Territory which is prescribed by the regulations for the purposes of this Division.
firearm part means either of the following within the meaning of the firearm law concerned:
(a) a firearm part;
(b) a part of, or for, a firearm or weapon.
360.3 Taking or sending a firearm or firearm part across borders
Basic offence
(1) A person commits an offence if:
(a) the person takes or sends a thing from one State or Territory to another State or Territory; and
(aa) the thing is a firearm or firearm part; and
(ab) the person does so in the course of trade or commerce:
(i) among the States; or
(ii) between a State and a Territory, or between 2 Territories; and
(b) the person does so intending that the firearm or firearm part will be disposed of in the other State or Territory (whether by the person or another); and
(c) the person knows that, or is reckless as to whether:
(i) the disposal of the firearm or firearm part; or
(ii) any acquisition of the firearm or firearm part that results from the disposal;
would happen in circumstances that would constitute an offence against the firearm law of that other State or Territory.
Penalty: Imprisonment for 20 years or a fine of 5,000 penalty units, or both.
Aggravated offence—taking or sending 50 or more firearms or firearm parts in 6 month period
(1A) A person commits an offence if:
(a) the person takes or sends (on one or more occasions) one or more things from one State or Territory to another State or Territory; and
(b) the thing is, or the things include, a firearm or firearm part; and
(c) the person does so in the course of trade or commerce:
(i) among the States; or
(ii) between a State and a Territory, or between 2 Territories; and
(d) the person does so intending that any of the firearms or parts will be disposed of in the other State or Territory (whether by the person or another); and
(e) the person knows that, or is reckless as to whether:
(i) the disposal of any of the firearms or parts; or
(ii) any acquisition of any of the firearms or parts that results from the disposal;
would happen in circumstances that would constitute an offence against the firearm law of that other State or Territory; and
(f) the conduct on any occasion, or on 2 or more occasions taken together, results in the taking, or sending, by the person of:
(i) 50 or more firearms; or
(ii) 50 or more firearm parts; or
(iii) a combination of firearms and firearm parts such that the sum of the firearms and the firearm parts is 50 or more; and
(g) if the taking or sending of the firearms or parts mentioned in paragraph (f) resulted from conduct on 2 or more occasions taken together—the occasions of conduct occurred during a 6 month period.
Penalty: Imprisonment for life or a fine of 7,500 penalty units, or both.
Provisions relating to basic offence and aggravated offence
(1B) Absolute liability applies to paragraphs (1)(ab) and (1A)(c) and (g).
Note: For absolute liability, see section 6.2.
(1C) Strict liability applies to paragraph (1A)(f).
Note: For strict liability, see section 6.1.
(1D) To avoid doubt, it is immaterial for the purposes of paragraphs (1A)(b) and (f) whether the firearms or firearm parts are of the same kind.
Definitions
(2) In this section:
firearm means a firearm within the meaning of the firearm law mentioned in paragraph (1)(c) or (1A)(e) (as the case requires).
firearm law means a law of a State or Territory which is prescribed by the regulations for the purposes of this Division.
firearm part means either of the following within the meaning of the firearm law mentioned in paragraph (1)(c) or (1A)(e) (as the case requires):
(a) a firearm part;
(b) a part of, or for, a firearm or weapon.
360.3A Minimum penalties
(1) Subject to subsections (2) and (3), the court must impose a sentence of imprisonment of at least 5 years for a person convicted of an offence against this Division.
People aged under 18
(2) Subsection (1) does not apply to a person who was aged under 18 years when the offence was committed.
Reduction of minimum penalty
(3) A court may impose a sentence of imprisonment of less than the period specified in subsection (1) only if the court considers it appropriate to reduce the sentence because of either or both of the following:
(a) the court is taking into account, under paragraph 16A(2)(g) of the Crimes Act 1914, the person pleading guilty;
(b) the court is taking into account, under paragraph 16A(2)(h) of that Act, the person having cooperated with law enforcement agencies in the investigation of the offence.
(4) If a court may reduce a sentence, the court may reduce the sentence as follows:
(a) if the court is taking into account, under paragraph 16A(2)(g) of the Crimes Act 1914, the person pleading guilty—by an amount that is up to 25% of the period specified in subsection (1);
(b) if the court is taking into account, under paragraph 16A(2)(h) of that Act, the person having cooperated with law enforcement agencies in the investigation of the offence—by an amount that is up to 25% of the period specified in subsection (1);