Criminal Code Regulations 2002
Statutory Rules No. 67, 2002
made under the
Criminal Code Act 1995
Compilation No. 54
Compilation date: 18 November 2017
Includes amendments up to: F2017L01490
Registered: 20 November 2017
About this compilation
This compilation
This is a compilation of the Criminal Code Regulations 2002 that shows the text of the law as amended and in force on 18 November 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name of Regulations
3 Definitions
Part 2—Security of the Commonwealth
Division 1—Control orders
3A Legal representation for young people
3B Court may request legal aid commission to arrange representation
3C AFP to inform relevant persons of request and contact details
Division 2—Preventative detention orders
4 Preventative detention orders—corresponding State preventative detention law
4A Continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control
4B Continuing detention orders—sharing information
Part 3—Dangers to the community
Division 1—Cross‑border firearms trafficking
5 Cross‑border firearms trafficking
Division 2—Serious drugs and precursors
5A Controlled drugs
5B Controlled plants
5C Controlled precursors
5D Border controlled drugs
5E Border controlled plants
5F Border controlled precursors
Division 3—Psychoactive substances
5G Importing psychoactive substances
5H Importing substances represented to be serious drug alternatives
Part 4—National infrastructure
6 Dangerous goods
Part 5—Application and transitional provisions
7 Application of the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017
Schedule 1—Corresponding State preventative detention law
Part 1—Laws of a State or Territory
Part 2—Particular provisions of a law of a State or Territory
Schedule 2—Cross‑border firearms…
Overview
The Criminal Code Regulations 2002 were enacted to provide detailed provisions and regulations under the Criminal Code Act 1995. These regulations address a wide range of issues, including control orders, preventative detention, cross-border firearms trafficking, serious drugs and precursors, psychoactive substances, and national infrastructure protection. The regulations were established to ensure that the broad and general provisions of the Criminal Code Act are effectively implemented through specific rules and guidelines. The regulations were enacted by the Australian Parliament to provide clarity and detail to the provisions of the Criminal Code Act, ensuring that the law is applied consistently and effectively across the country. The regulations aim to address the need for a comprehensive and detailed legal framework to combat various criminal activities and protect national security.
Scope and Application
The Criminal Code Regulations 2002 (the Regulations) are subordinate legislation made under the Criminal Code Act 1995 (Cth) (the Act). The Regulations apply nationally and cover a range of criminal offences and related matters. The Regulations apply to all persons, entities, and industries within the jurisdiction of the Commonwealth of Australia. The scope of the Regulations includes provisions related to security of the Commonwealth, control orders, preventative detention orders, cross-border firearms trafficking, serious drugs and precursors, psychoactive substances, and dangerous goods. The Regulations also outline the application and transitional provisions for certain amendments. The Regulations extend or restrict application through various schedules and subordinate instruments, such as the Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017. It is important for legal practitioners to be aware of the specific provisions and amendments that apply to their clients, as the Regulations cover a wide range of criminal offences and related matters.
Key Provisions
- The Criminal Code Regulations 2002 provide the regulatory framework for the Criminal Code Act 1995. The Regulations are divided into several parts, each addressing different aspects of criminal law and procedure. One key section is Part 2, which deals with control orders and preventative detention orders. For young people involved in such proceedings, the Regulations provide for legal representation, with an issuing court able to request a legal aid commission to arrange representation. The Australian Federal Police (AFP) are required to inform relevant parties of these requests and ensure the young person understands their rights and options. Another significant part is Part 3, which focuses on cross-border firearms trafficking and controlled drugs and precursors. These sections establish the legal framework for dealing with serious drugs, including listing specific substances and quantities that are subject to regulation. Penalties for breaches of these provisions can be severe, reflecting the seriousness of the offences.
- The Regulations also impose specific obligations on various parties. For example, the AFP must inform the relevant legal aid commission and the young person of the request for legal representation, ensuring that the young person is made aware of their right to legal assistance and the contact details of the legal aid commission. Similarly, the AFP must take reasonable steps to inform a parent or guardian of the young person about the request. Failure to comply with these obligations can have legal consequences.
- Offences under these Regulations can lead to significant penalties. For instance, importing psychoactive substances without the required licence or notice can result in severe penalties, reflecting the controlled nature of these substances. Additionally, the importation of border controlled drugs and precursors without the necessary approvals can also lead to substantial penalties. These measures are in place to prevent the illegal trafficking of dangerous substances and to ensure that only authorised entities handle such materials.
- In summary, the Criminal Code Regulations 2002 provide a comprehensive framework for enforcing criminal law, with specific provisions for legal representation, control orders, and the regulation of dangerous substances. These Regulations impose clear obligations on various parties and set out severe penalties for non-compliance, ensuring that the law is effectively enforced.
- Area of Law
- Criminal Law
- Drug Control Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Reporting & Disclosure Obligations
- Licensing & Registration
- Enforcement Powers
- Civil Penalty Provisions