Criminal Code Amendment (Border Controlled Drugs and Precursors) Regulations 2024

The instrument introduces and defines a restricted form of listing for border controlled drugs and border controlled precursors. The drafting repeatedly uses the phrase “taken to be a border controlled drug only in relation to” and “taken to be a border controlled precursor only in relation to”, and then specifies the offence provisions in the Criminal Code for which that taken‑to‑be status applies (section 14(2); section 16(2); Schedule 2 clause 1(2)). Those offence provisions are primarily import offences in Part 10.2 of the Criminal Code (subsections in the 307 series) and procurement to import offences in Part 11.1 (subsections in the 309 series) as listed in the text.

Two quantity concepts from the Criminal Code are brought into immediateoperative effect through these lists. The amendments state that the table items supply (a) the quantity that is the commercial quantity of the border controlled drug or precursor for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code, and (b) the quantity that is the marketable quantity for the purposes of paragraph (a) of item 1 of the table in section 301.11 of the Code (section 14(2)(b) and (c); section 16(2)(b) and (c); Schedule 2 clause 1(2)(b)). Those cross references mean the numeric thresholds in the inserted tables are to be applied when determining whether a particular import‑related or procurement‑related offence meets the Code’s commercial or marketable quantity thresholds.

The inserted tables set specific numeric thresholds. For precursors (section 16(2) table) the instrument lists four chemicals with commercial quantities in kilograms and marketable quantities in grams. For the drug (Schedule 2 clause 1(2) table) a single substance, 1,4‑Butanediol, is listed with its commercial and marketable quantities. The instrument also preserves the Code’s separate treatment of salts, esters and immediate precursors by including the note at the end of the precursor table that for salts, esters or immediate precursors one must see the relevant paragraphs and subsections of section 301.6 of the Criminal Code (section 16(2) Note).

A structural concept in the instrument is that the “restricted listing” limits the legal consequence of being listed to only certain offence types: importing offences in subsections 307.1(1), 307.2(1), 307.3(1) or 307.4(1), and a series of other subsections (307.5-307.10) and procurement offences in subsections 309.12(1), 309.13(1), 309.14(1) and 309.15(1) where those procurement offences relate to procuring an individual to import a substance (section 14(2)(a)(i)-(iii); section 16(2)(a)(i)-(ii)). The effect is a delimitation of the regulatory axis: the listed substances are border controlled only for import and closely related procurement‑to‑import offences, rather than being border controlled for all purposes by virtue of presence on a table.

The instrument also standardises internal references by adjusting paragraph and subclause references in existing sections of the Regulations (items 1, 2, 4, 5, 7, 8). These are mechanical changes intended to preserve correct cross referencing once the restricted listing text is added.

Finally, the instrument contains an express application provision to avoid retrospective operation: the amendments apply to conduct engaged in on or after commencement (Application provision, Schedule 1).

The instrument's text identifies who will be brought within or kept outside the special regulatory status by reference to the Criminal Code offence provisions. The direct categories implicated by the restricted listings are:

• persons who import the listed substances, because the text makes the listed drugs and precursors “taken to be” border controlled only in relation to certain import offences under subsections in the 307 series of the Criminal Code (section 14(2)(a)(i); section 16(2)(a)(i)); and

• persons who procure another individual to import those substances, because the restricted listings expressly include procurement‑to‑import offences under the 309 series (section 14(2)(a)(iii); section 16(2)(a)(ii)).

In practical terms the following classes of actors will need to take the amendments into account when assessing legal exposure and compliance:

• importers and freight forwarders dealing with the named substances , import activity is the moment at which the restricted listing converts these substances into border controlled status for the specified offences (section 14(2); section 16(2)); the numeric thresholds in the tables determine whether import activity crosses commercial or marketable quantity thresholds (section 14(2)(b)-(c); section 16(2)(b)-(c));

• persons who arrange, procure, induce or otherwise pay for another person to import the listed substances, because the restricted listing expressly treats procurement to import as a context in which border controlled status applies (section 14(2)(a)(iii); section 16(2)(a)(ii));

• businesses that handle or distribute precursor chemicals domestically with potential downstream international movement, because the precursor table and the salt/ester/precursor note reference how analogues and derivatives may be treated under section 301.6 of the Criminal Code (section 16(2) Note);

• legal advisers and compliance officers for firms in chemical supply chains and import chains, because the amendments alter the legal character of specific substances only in the context of import and procurement offences and set precise quantity thresholds to guide risk assessments (section 14(2); section 16(2); Schedule 2 clause 1(2));

• enforcement agencies and prosecutors, who will apply the new restricted listing as an evidentiary and threshold rule for charging and proving import and procurement offences, using the commercial and marketable quantities specified in the inserted tables (section 14(2)(b)-(c); section 16(2)(b)-(c); Schedule 2 clause 1(2)(b)).

Who does not automatically become subject to the listed constraints is also important. The Regulations’ language is restrictive: the listed substances are “taken to be” border controlled only in relation to the enumerated import and procurement offences. The instrument therefore does not by its text make these entries border controlled for all possible offences or regulatory regimes. That delimitation affects manufacturers, wholesalers or retailers whose conduct is purely domestic and not tied to import or procurement to import; those actors are not brought within the listed “taken to be” status by the text unless and until the listed Code provisions apply (section 14(2); section 16(2)).

Decision power is exercised by the Governor‑General making regulations on the Attorney‑General’s advice under the Criminal Code Act 1995 (clauses 3 and the instrument header). The specific choice of substances and numeric thresholds is implemented in the Regulations tables (section 16(2) table and Schedule 2 clause 1(2) table), thereby placing the administrative decision over which substances are subject to border controlled status, and at what quantity thresholds, into the delegated‑legislation mechanism used.

The Regulations alter the legal status of particular substances for specified offences, which in turn changes the duties and potential criminal liabilities that attach to identifiable conduct. The instrument itself does not create new offences or specify new penalties; it changes the set of substances and quantities that count for existing offences in the Criminal Code by operating through cross references to several Code provisions (sections 301.4, 301.6, 301.10 and 301.11 are directly invoked by the amendments; see section 14(2), section 16(2), Schedule 2 clause 1(2)).

Duties

• Duty to refrain from importing the listed substances in circumstances that satisfy the Criminal Code import offences: because the Regulation text expressly makes the listed substances “taken to be” border controlled for importing offences in subsection 307.1(1), 307.2(1), 307.3(1) and 307.4(1), an individual or entity faces the existing legal duties that the Criminal Code imposes in respect of those import offences when those offences relate to the listed substances (section 14(2)(a)(i); section 16(2)(a)(i)).

• Duty in procurement contexts: procuring an individual to import the listed substances is explicitly covered for certain procurement offences in the 309 series; parties engaging in arrangements to cause another to import these substances must observe the legal prohibitions in those procurement provisions where they apply (section 14(2)(a)(iii); section 16(2)(a)(ii)).

• Duty to account for quantity thresholds: the new tables specify the commercial and marketable quantities to be applied under sections 301.10 and 301.11 of the Criminal Code; parties must therefore monitor and document quantities to determine whether the thresholds that trigger particular offence classifications are met (section 14(2)(b)-(c); section 16(2)(b)-(c); Schedule 2 clause 1(2)(b)).

Rights

• The Regulations potentially narrow exposure compared with a non‑restricted listing. Because the instrument frames the listed substances as border controlled only for certain import and procurement offences, parties that handle the substances in contexts not captured by those specified offences are not, by the text, brought into the border controlled regime by virtue of these entries alone (see section 14(2) and section 16(2)). That creates a textual right to argue that, for other offences or regulatory purposes, the listing does not apply.

• Parties retain any rights, defences and procedural protections that apply under the Criminal Code for the offences to which the restricted listings refer. The instrument does not remove or alter those procedural protections; it only supplies substance and quantity definitions for applying the existing offence provisions (see the cross references to sections 301.10 and 301.11 and the enumerated 307 and 309 subsections).

Operational obligations and evidentiary consequences

• The Regulations turn the numeric entries in the tables into operative evidence‑relevant thresholds. For prosecutions under the referenced Code provisions, prosecutors and investigators will rely on the tables for quantity classification. That shifts evidentiary burdens onto both prosecution and defence to prove or contest the relevant quantities at the time of import or procurement (section 14(2)(b)-(c); section 16(2)(b)-(c)).

• The note in section 16 regarding salts, esters and immediate precursors signals that the Criminal Code’s analogue or derivative treatment continues to apply. That imposes a duty on parties to consider not only the exact named substances but also related chemical forms under the Code’s provisions (section 16(2) Note).

The instrument does not itself create a compliance regime, licensing obligations, civil sanctions or administrative requirements; instead it modifies how the Criminal Code’s offence definitions apply to the named substances and the quantities specified.

The Regulations do not set out penalties or enforcement procedures themselves. Instead they operate by declaring certain substances and quantities to be border controlled for the purposes of existing Criminal Code offences. Consequently the penalties and enforcement mechanisms that apply are those contained in the Criminal Code provisions to which the restricted listings expressly refer.

Statutory enforcement architecture

• The listings are tethered to the Criminal Code import offences in the 307 series and to procurement offences in the 309 series (section 14(2)(a); section 16(2)(a); Schedule 2 clause 1(2)(a)). Enforcement therefore proceeds under the Criminal Code framework for investigation, charging and punishment for those offences. The instrument makes clear that the listed substances and quantities are to be used in determining whether conduct meets the Code’s commercial and marketable quantity thresholds, which are themselves significant for offence classification and sentencing (section 14(2)(b)-(c); section 16(2)(b)-(c)).

• Investigative agencies and prosecutors will need to apply the tables in the Regulations when deciding whether conduct that involves importation or procurement to import satisfies elements of the Code offences. The instrument therefore allocates a practical role to law enforcement in measuring quantities and linking those measurements to the specific Code subsections named.

Penalties

• The Regulations do not include numeric fines, imprisonment terms or other sanction details. Any penalty exposure arises from the Criminal Code offences referenced. The Regulations only determine which substances at which quantities will be treated as border controlled for those offences. To determine the specific penalties available, one must look to the Criminal Code subsections cited in the Regulations; the instrument itself simply supplies the substance and quantity inputs needed to activate those Criminal Code provisions (section 14(2); section 16(2)).

Enforcement discretion and evidentiary thresholds

• The phrase “taken to be a border controlled drug only in relation to the following” and parallel language for precursors creates an interpretative boundary for enforcement. Prosecutors must establish that the alleged conduct fits within the specified offence categories at the time of the activity. That requires factual proof of importing conduct or procurement to import, together with proof that the quantity meets the commercial or marketable thresholds set out in the Regulation tables (section 14(2); section 16(2); Schedule 2 clause 1(2)).

• The instrument may produce discrete enforcement choices. For example, where conduct involves a listed substance but the facts concern domestic manufacture or local distribution rather than import, the enforcement agency must assess whether the restricted listing confers border controlled status for the relevant offence. The Regulations identify the relevant offence contexts; they do not itself direct enforcement priorities.

In short, penalties and enforcement are governed by the existing Criminal Code provisions to which the Regulations point. The Regulations change the substance and quantity inputs used in that enforcement framework but do not themselves alter sentencing regimes or investigatory powers.

The Regulations explicitly operate under the Criminal Code Act 1995 and amend the Criminal Code Regulations 2019, which support the operation of the Criminal Code Act. The interaction points in the Regulations are primarily cross references to discrete Criminal Code provisions that set out the substantive offences, the classification and treatment of analogues and derivatives, and the quantity thresholds that qualify commercial and marketable quantities.

Key cross references and their legal role

• Criminal Code Act 1995 as enabling authority: clause 3 states that the instrument is made under the Criminal Code Act 1995. This situates the Regulations as delegated legislation which must be interpreted in the context of the principal Act and the Criminal Code (clause 3).

• Sections 301.4, 301.6 of the Criminal Code: the Regulations repeatedly reference paragraphs and subsections of these sections in the Criminal Code to identify the legal consequences of listing (items in section 14 and section 16 substitute text and notes). The Regulation text ties the table entries to the operation of those Code provisions. For example, section 14(2) states that each item in subclause 1(2) lists a substance “for the purposes of paragraph 301.4(1)(a) and subsection 301.4(2) of the Code” (section 14(2)(a)); section 16(2) does the equivalent with 301.6(1)(a), 301.6(1A) and 301.6(1B) (section 16(2)).

• Sections 301.10 and 301.11 of the Criminal Code: the Regulations supply the quantities that constitute commercial and marketable quantities “for the purposes of paragraph (a) of item 1 of the table in section 301.10 of the Code” and the equivalent in section 301.11 (section 14(2)(b)-(c); section 16(2)(b)-(c); Schedule 2 clause 1(2)(b)). That interaction means the Regulations are a source of the numerical thresholds that the Code uses in offence classification and sentencing.

• Offence provisions in the 307 and 309 series: the restricted listing confines the border controlled status to offences listed in subsections 307.1(1), 307.2(1), 307.3(1), 307.4(1), 307.5(1)-307.10(1) and to procurement offences in subsections 309.12(1)-309.15(1) where they relate to procuring importation (section 14(2)(a) and section 16(2)(a)). That linkage means the Regulations have effect only insofar as those Code offences are invoked.

Practical legal interactions

• The Regulations do not purport to displace other Commonwealth statutes or state/territory laws governing hazardous chemicals, trade controls, customs procedures, licensing, or occupational health and safety. They are confined to defining border controlled status within the Criminal Code’s offence framework. Therefore compliance or enforcement action under other regimes remains governed by their own statutory instruments; the Regulations interact only where those regimes need to know whether a substance is a “border controlled” substance for the purposes of a Criminal Code offence.

• The note in the precursor listing referencing salts, esters and immediate precursors underscores continued interaction with the Criminal Code’s analogue and derivative provisions, so parties must consider both the specific naming in the Regulations and the broader Chemical/analogue treatments in the Code (section 16(2) Note).

• The instrument corrects several internal cross references in the Regulations (items 1, 2, 4, 5, 7, 8). These technical changes are intended to ensure the Regulations operate correctly with the Code’s numbering scheme and existing cross references. That reduces risk of misapplication but requires users to check that they are reading the amended paragraph and subclause numbering when linking to Code provisions.

Limits on regulatory scope and interaction

• The Regulations’ express limitation of the listed substances to import and certain procurement offences narrows rather than broadens their interaction with other laws. The instrument therefore interacts with the Criminal Code primarily on the question of whether particular conduct is an import/procurement offence involving a listed substance at or above the stated quantities. It does not create new administrative licensing regimes, civil forfeiture mechanisms or customs tariff changes within the text itself.

• Because the Regulations are delegated legislation under the Criminal Code Act 1995, they must be read with the principal Act and Code. Any interpretation of the Regulations’ effect in relation to other statutory instruments will therefore be shaped by the provisions and definitions in the Criminal Code. The Regulations rely on the Code to supply the substantive offence structure and penalties.

This instrument itself is an amending regulation to the Criminal Code Regulations 2019. The Schedule to the instrument lists ten items that make discrete textual changes to sections and clauses of the 2019 Regulations. The key amendment steps in the Schedule are:

• Item 1: amends section 14 by changing the opening reference “Each item of the table in clause 1” to “(1) Each item of the table in subclause 1(1)”. This is a renumbering and cross reference adjustment.

• Item 2: amends paragraph 14(a) by replacing “301.4(a)” with “301.4(1)(a)”, aligning paragraph citation to the Code’s substructure.

• Item 3: adds, at the end of section 14, a new subsection titled Restricted listing which sets out the limited circumstances in which each item of the table in subclause 1(2) is taken to be a border controlled drug and supplies the commercial and marketable quantities for the Code’s use. The new subsection explicitly lists the relevant Criminal Code offence subsections to which the taken‑to‑be status applies (section 14(2)).

• Item 4: amends paragraph 15(a) by updating the citation to “301.5(1)(a)”.

• Item 5: amends section 16 by inserting a leading “(1)” before the existing opening sentence, a housekeeping renumbering step.

• Item 6: adds a substantive new Restricted listing subsection at the end of section 16, mirroring the changes in section 14 but for precursors. It lists the offences for which the precursor will be considered border controlled, provides the commercial and marketable quantities for Code application, and includes a Note on salts, esters and immediate precursors under paragraph 301.6 of the Code. Item 6 also inserts the explicit table of four named precursors with quantities.

• Item 7: amends clause 1 of Schedule 2 by inserting “(1)” before “The following table”, a renumbering change.

• Item 8: changes a note in clause 1 of Schedule 2, replacing “301.4(b)” with “301.4(1)(b)”.

• Item 9: adds, at the end of clause 1 of Schedule 2, a Restricted listing subsection that lists substances taken to be border controlled drugs only for the import and procurement offence contexts named earlier, and includes a table listing 1,4‑Butanediol with commercial and marketable quantities.

• Item 10: inserts an application provision that explicitly states the amendments apply to conduct engaged in on or after the commencement of the Schedule.

Commencement and temporal application

• The instrument’s commencement clause provides that the entire instrument takes effect the day after registration, and the printed commencement table confirms 1 March 2024 as the operative date (clause 2 Commencement). The application provision at the end of the Schedule specifies that the amendments apply to conduct engaged in on or after that commencement date (Application provision). That combination indicates the amendments are forward‑looking and not intended to be retrospective.

No earlier versions or amendment tracks are supplied in the instrument; the Schedule notes that the printed commencement table “relates only to the provisions of this instrument as originally made” and will not be amended to reflect subsequent amendments. The instrument therefore stands as a single regulatory amendment package implemented on 1 March 2024.

The text of the Regulations contains no references to cases, litigation, judicial determinations, or prior litigious interpretation. The instrument is purely an amending regulation; it does not include a memorandum, legislative note or citation to authority beyond the Criminal Code Act 1995 as the enabling power. Accordingly, there is no litigation history recorded in the instrument itself.

From the instrument’s language, a few interpretative points could become litigation issues should disputes arise, but the instrument contains no record of litigation outcomes:

• scope of “taken to be” language: the Regulations repeatedly state that items are “taken to be a border controlled drug only in relation to” specified offences. How courts construe that limiting language in particular factual matrices could generate litigation on whether a particular factual circumstance falls within the enumerated offence contexts in the Code. The instrument provides the list of Code subsections that define those contexts (section 14(2); section 16(2); Schedule 2 clause 1(2)), but the instrument does not give examples or explanatory guidance; courts may be asked to determine the boundary between importing and non‑importing conduct, or between procurement that “relates to procuring an individual to import a substance” and other forms of procurement.

• application of quantity thresholds: the Regulations set numerical commercial and marketable quantities in the inserted tables and direct their use for the purposes of sections 301.10 and 301.11 of the Criminal Code. Disputes about how to measure quantities at relevant times, or how to treat mixtures, salts, esters, immediate precursors, and analogues when those terms interact with Code provisions can give rise to evidential and interpretative litigation. The text includes the note in section 16(2) advising readers to see paragraphs 301.6(1)(b) and (c) and subsection 301.6(1B) for salts, esters and immediate precursors, but the Regulations leave application of those Code rules to fact‑specific processes.

• interaction with other statutory regimes: litigation could arise if an accused argues that the restricted listing does not apply because their conduct fell outside the enumerated Code subsections or because of a different federal or state statutory regime. The instrument does not address inter‑statutory conflict; courts might be required to reconcile the Regulations’ wording with other legislative texts if an inconsistency is alleged.

Because none of these litigation points are resolved or discussed in the instrument, and because the instrument itself contains no litigation history, users should treat the absence of litigation detail as an absence of precedent recorded in the text. Any litigation that concerns these amendments would need to be sourced elsewhere; the Regulations themselves provide the legislative text that would be interpreted in such disputes.

The Regulations introduce a number of drafting and practical features that create traps for the unwary. These are textually grounded risks and friction points for in‑house counsel, importers, freight handlers, and enforcement agencies. Each item below cites the relevant textual root.

1. Limited scope language may mislead users into thinking listings apply more broadly than they do. The instrument uses the phrase “taken to be a border controlled drug only in relation to the following” (section 14(2)) and the mirror wording for precursors (section 16(2)). That “only in relation to” limitation narrows application to particular Code offences. A common error will be to assume that being listed makes a substance border controlled for all offences or regulatory purposes. The Regulation text ties the listing to the specific Criminal Code subsections named, not to every possible offence or administrative control.

2. Quantity thresholds are operative and specific. The inserted tables supply the commercial and marketable quantities to be applied under sections 301.10 and 301.11 of the Criminal Code (section 14(2)(b)-(c); section 16(2)(b)-(c); Schedule 2 clause 1(2)(b)). Parties who import or arrange imports must check the precise kilogram or gram quantities in the tables. Failure to recognise that the table value is the operative quantity for Criminal Code purposes could produce exposure to higher criminal classifications than anticipated.

3. Very small marketable quantities. The instrument’s tables express marketable quantities in grams, and in the precursor table some marketable quantities are small numbers (for example, 1.0 gram for Helional; 4.8 grams for Benzaldehyde; 3.2 grams for Hypophosphorous acid and Iodine). Those gram‑level thresholds could be reached by minute consignments or by laboratory samples. Practitioners must note that the marketable quantity figures in the Regulations are inputs into the Code’s offence thresholds (section 16(2) table).

4. Salt, ester and analogue complications. The precursor listing includes a note directing readers to paragraphs 301.6(1)(b) and (c) and subsection 301.6(1B) of the Code regarding salts, esters and immediate precursors (section 16(2) Note). This means a substance that is not literally the named chemical in the Regulations could still be treated as a precursor if it falls within the Code’s analogue provisions. Identifying whether a material form is a relevant salt, ester or immediate precursor is a technical, fact‑sensitive matter.

5. Import v domestic activity borderline. The Restricted listing is explicitly tied to import offences and procurement to import. Conduct that looks like supply or distribution but occurs domestically may not be captured by the restricted listing. That can create perverse compliance outcomes: an act that would be illegal if the item crossed a border may not be treated the same when conducted entirely within Australia. The Regulations create that legal discontinuity by design (section 14(2); section 16(2)).

6. Cross‑reference renumbering risk. The instrument makes several housekeeping changes to paragraph and subclause numbering (items 1, 2, 4, 5, 7, 8). If practitioners rely on older consolidated versions of the Regulations or on secondary materials that do not reflect the renumberings, misapplication of a paragraph reference (for example, reading 301.4(a) instead of 301.4(1)(a)) could misdirect legal analysis. The instrument’s note on the commencement table indicates the printed commencement table will not be updated for later amendments, so users must ensure they are consulting the updated text.

7. Application timing trap. The Schedule contains an express application provision stating the amendments apply to conduct engaged in on or after commencement (Application provision). That prevents retroactive application to earlier conduct, but practitioners must be careful with borderline conduct straddling the commencement date, shipment dates and contractual terms of sale. The operative date is the commencement of the Schedule, not the date of registration or a customs event; ensure factual timelines align with the legal commencement.

8. Single‑item drug listing. Schedule 2 clause 1(2) lists only 1,4‑Butanediol as a border controlled drug in the restricted listing. Other drugs are not added by this instrument. Relying on a general assumption that more drugs were added could be erroneous.

9. No administrative guidance or examples. The Regulations supply the legislative text but no explanatory memorandum or examples within the instrument itself. That leaves practical interpretation to counsel, compliance teams and, in time, possibly the courts. Where the legal consequences depend on fine points of fact or chemical characterisation, the lack of worked examples is a practical gotcha.

10. Enforcement burden on quantity proof. Because the tables convert substance names into threshold quantities used in the Criminal Code, prosecutions will involve careful forensic and evidentiary work about weights and measures at the time of import or procurement. Both prosecution and defence must be prepared for disputes over measurement method, purity, mixture content and time of measurement.

These are textually grounded risks and points of friction. The instrument’s wording and cross references are the source of each gotcha item.

Compliance with the legal effects of this instrument requires understanding that the Regulations create operationally significant definitions only in specified contexts. The following steps are grounded in the instrument’s text and in the cross references it makes to the Criminal Code. They are practical actions that firms, advisers and enforcement bodies should consider.

1. Identify whether your activities concern the named substances. Consult the inserted tables in section 16(2) (precursors) and Schedule 2 clause 1(2) (drugs) to determine whether a substance you handle is listed. The precursor table names Alpha‑Methyl‑1,3‑benzodioxole‑5‑propanal (Helional), Benzaldehyde, Hypophosphorous acid (Phosphinic acid), and Iodine with listed quantities; the drug table lists 1,4‑Butanediol with its quantities (section 16(2) table; Schedule 2 clause 1(2) table). If a substance is not named in these tables, the Regulations do not, by themselves, make it border controlled under the restricted listing.

2. Monitor import‑related conduct and procurement activity. The restricted listing makes a substance border controlled only in relation to specified import offences and procurement‑to‑import offences (section 14(2)(a); section 16(2)(a)). If your business imports, arranges imports, or procures another person to import the named substances, treat those activities as potentially engaging the Criminal Code offences listed. Maintain records of the chain of custody, contracts, import declarations, bills of lading and correspondence that show who arranged, paid for or received shipments, because these facts matter to whether the Code’s import and procurement elements are met.

3. Track quantities precisely against the table thresholds. The Regulations supply the commercial and marketable quantities to be used in the Criminal Code (section 14(2)(b)-(c); section 16(2)(b)-(c); Schedule 2 clause 1(2)(b)). Ensure your inventory and shipment documentation capture weights and purities at the time of export and import so you can demonstrate whether the kilogram or gram thresholds were met. Small marketable quantities in the precursor list mean even small sample consignments may reach threshold levels.

4. Consider chemical form and analogues. For precursors, review the Code’s analogue treatment for salts, esters and immediate precursors as signalled by the note in section 16(2) (section 16(2) Note). If your supply includes salts, esters or chemically related forms, obtain technical legal and chemistry advice to determine whether those forms are covered by the Criminal Code treatment of precursors or by the Regulations’ listed items.

5. Update internal compliance policies and training. Revise import control checklists, sanction screening, hazardous goods inventories and employee training to reflect that listed substances become border controlled for the specified Criminal Code offences. Ensure freight forwarders, customs brokers and procurement staff are aware of the restricted listing and of the need to flag shipments of listed substances.

6. Seek legal advice for borderline activity. Because the Regulations limit border controlled status to specified Criminal Code offences and because they interact with quantity thresholds, parties should get tailored legal advice where import activity is marginal or where procurement could be characterised as inducing importation. The Regulations’ application provision makes temporal distinctions; legal advice should include examining shipment dates against the commencement date (Application provision).

7. Prepare forensic and measurement protocols. Because the Code will require application of the table quantities, firms that handle these substances should adopt protocols for weighing, testing purity and documenting chain of custody that can be audited. Where small marketable quantities are at stake, sampling and laboratory analysis procedures are important.

8. Coordinate with border and customs agents. Even though the Regulations do not themselves change customs administrative procedures, the listed substances are now textually border controlled for particular Criminal Code offences. Inform customs brokers and freight partners so they can flag consignments and ensure correct documentation and declarations are made.

9. Maintain updated legislative texts. The instrument contains renumbering changes and updates to paragraph citations (items 1, 2, 4, 5, 7, 8). Ensure you consult the current consolidated version of the Criminal Code Regulations 2019 as amended by this instrument so workplace guidance and legal references cite the correct subclauses and paragraph numbers.

10. Document decisions on procurement and import contracts. Given the Regulation‑specified risk that procuring another person to import the listed substances may engage procurement offences, record the nature of procurement arrangements and the identity and roles of intermediaries. Contract clauses that clarify allocation of import responsibility, proofs of origin, and compliance warranties can assist in internal risk management.

These compliance steps are derived from the text of the Regulations and the Code cross references they invoke. They assume the need to manage import‑centric criminal risk by attention to substance identity, quantity thresholds, procurement arrangements and precise documentary evidence.