Criminal Code Amendment Regulations 2011 (No. 1) (Cth)

Criminal Code Amendment Regulations 2011 (No. 1)¹

Select Legislative Instrument 2011 No. 45

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Criminal Code Act 1995.

Dated 7 April 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

BRENDAN O’CONNOR

Minister for Justice

Name of Regulations

These Regulations are the Criminal Code Amendment Regulations 2011 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Criminal Code Regulations 2002

Schedule 1 amends the Criminal Code Regulations 2002.

Schedule 1 Amendments

(regulation 3)

[1] Before regulation 5 in Part 3

insert

5AAControlled drugs and controlled precursors

(1)For subsection 301.1 (1) of the Code, each substance mentioned in Part 1 of Schedule 1A is a controlled drug.

(2)For subsection 301.2 (1) of the Code, each substance mentioned in Part 2 of Schedule 1A is a controlled precursor.

(3)For subsection 301.3 (1) of the Code, each substance mentioned in Part 3 of Schedule 1A is a border controlled drug.

(4)For subsection 301.4 (1) of the Code, each substance mentioned in Part 4 of Schedule 1A is a border controlled precursor.

5ABCommercial, marketable and trafficable quantities

For section 301.5 of the Code:

(a)the quantity of a controlled drug or a border controlled drug that is a commercial, marketable or trafficable quantity is the amount mentioned for the drug in Schedule 1A; and

(b)the quantity of a controlled precursor or border controlled precursor that is a commercial or marketable quantity is the amount mentioned for the precursor in Schedule 1A.

5ACCeasing provision

Regulations 5AA, 5AB and Schedule 1A cease to have effect 12 months after they commence.

[2] After Schedule 1

insert

Schedule 1A Serious drug offences

(regulations 5A, 5B and 5C)

Part 1 Controlled drugs

Item	Controlled drug	Trafficable quantity (grams)	Marketable quantity (grams)	Commercial quantity (kilograms)
1	4-methylmethcathinone	2.0	250.0	0.75
2	Benzylpiperazine	2.0	250.0	0.75
3	Ketamine	3.0	500.0	1.0
4	Methcathinone	2.0	250.0	0.75

Part 2 Controlled precursor

Item	Controlled precursor	Marketable quantity (grams)	Commercial quantity (kilograms)
1	Phenylpropanolamine	400.0	1.2

Part 3 Border controlled drugs

Item	Border controlled drug	Marketable quantity (grams)	Commercial quantity (kilograms)
1	4-methylmethcathinone	2.0	0.75
2	Benzylpiperazine	2.0	0.75
3	Ketamine	3.0	1.0
4	Methcathinone	2.0	0.75

Part 4 Border controlled precursor

Item	Border controlled precursor	Marketable quantity (grams)	Commercial quantity (kilograms)
1	Phenylpropanolamine	3.2	1.2

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See