Criminal Code Regulations 2019
made under the
Criminal Code Act 1995
Compilation No. 6
Compilation date: 13 December 2025
Includes amendments: F2025L01544
About this compilation
This compilation
This is a compilation of the Criminal Code Regulations 2019 that shows the text of the law as amended and in force on 13 December 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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. Any modifications affecting the law are accessible on the Register.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
3 Authority
4 Definitions
Part 2—The security of the Commonwealth
Division 1—Control orders
5 Legal representation for young people
6 Court may request legal aid commission to arrange representation
7 AFP to inform relevant persons of request and contact details
Division 2—Preventative detention orders
8 Corresponding State preventative detention laws
Division 3—Continuing detention orders
9 Terrorist offender unable to engage legal representative in continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control
10 Sharing information—prescribed persons
Part 3—Dangers to the community
Division 1—Serious drugs and precursors
11 Controlled drugs
12 Controlled plants
13 Controlled precursors
14 Border controlled drugs
15 Border controlled plants
16 Border controlled precursors
Division 2—Psychoactive substances
17 Importing psychoactive substances
18 Importing substances represented to be serious drug alternatives
19 Conditions for importing certain substances
Division 3—Cross‑border firearms trafficking
20 Firearm law
Division 4—Community safety orders
20A Serious offender unable to engage legal representative in community safety order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control
20B Sharing information—prescribed persons
Part 4—National infrastructure
21 Dangerous or…
Overview
The Criminal Code Regulations 2019 were enacted under the Criminal Code Act 1995. This legislative instrument was introduced to address gaps and problems related to various aspects of criminal law, including the security of the Commonwealth, dangers to the community, and national infrastructure. The Regulations were enacted by the Parliament of Australia and aim to provide a comprehensive framework for the implementation and enforcement of criminal laws. The text does not detail specific sections, which are covered in the Key Provisions section. This compilation reflects the law as amended and in force on 13 December 2025. It includes amendments up to that date and excludes uncommenced amendments. For details on application, saving, and transitional provisions, as well as editorial and presentational changes, refer to the endnotes.
Scope and Application
The Criminal Code Regulations 2019, made under the Criminal Code Act 1995, apply across the Commonwealth of Australia. These regulations establish various legal frameworks to address security, public safety, and criminal conduct. They define the scope of activities, substances, and entities subject to regulation, including the security of the Commonwealth, dangers to the community, national infrastructure, and other specified areas. These regulations apply to individuals, entities, and transactions that fall within their defined scope. For instance, they cover controlled drugs and precursors, psychoactive substances, border controlled drugs and precursors, and firearms trafficking. They also include provisions for preventative detention orders, community safety orders, and the appointment of legal representation in certain criminal proceedings. The regulations extend their application through subordinate instruments, which can modify or add to the primary regulations. These subordinate instruments include the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Regulations 2021, the Crimes Legislation Amendment (Community Safety Orders and Other Measures) Regulations 2023, and the Criminal Code Amendment (Controlled and Border Controlled Drugs and Precursors) Regulations 2025, among others.
Key Provisions
- The Criminal Code Regulations 2019 sets out a number of operative sections which require or permit certain actions and procedures. Section 5 specifies the provision of legal representation for young people in control order proceedings. Section 6 allows an issuing court to request a legal aid commission to arrange legal representation for a young person in these proceedings. Section 7 requires the Australian Federal Police to inform relevant persons of such a request and provide necessary contact details. Section 8 declares specific state laws to correspond with preventative detention laws under the Criminal Code. Section 9 lists factors that a court may consider when determining if an offender’s circumstances are beyond their control in continuing detention order proceedings. Section 10 prescribes persons who are authorised to share information in relation to certain proceedings. Section 11 lists substances classified as controlled drugs and their commercial, marketable, and trafficable quantities. Section 12 lists growing plants classified as controlled plants and their commercial, marketable, and trafficable quantities. Section 13 lists substances classified as controlled precursors and their commercial and marketable quantities. Section 14 lists substances classified as border controlled drugs and their commercial and marketable quantities. Section 15 lists growing plants classified as border controlled plants and their commercial and marketable quantities. Section 16 lists substances classified as border controlled precursors and their commercial and marketable quantities. Section 17 permits the importation of psychoactive substances under certain conditions. Section 18 permits the importation of substances represented to be serious drug alternatives under certain conditions. Section 19 outlines the conditions for importing certain substances, including the requirement for a licence, written notice to the Health Secretary or an authorised person, and the purpose of the importation. Section 20 prescribes firearm laws for the purposes of the definition of firearm law in the Code. Section 20A lists factors that a court may consider when determining if a serious offender’s circumstances are beyond their control in community safety order proceedings. Section 20B prescribes persons who are authorised to share information in relation to certain proceedings. Section 21 lists dangerous or harmful substances and things that must not be carried by post.
- The regulations impose obligations on various parties, including the issuing court, the Australian Federal Police, legal aid commissions, and individuals involved in control order, preventative detention order, and community safety order proceedings. The issuing court is responsible for requesting legal aid commissions to arrange legal representation for young people in control order proceedings. The Australian Federal Police must inform relevant persons of such requests and provide necessary contact details. Legal aid commissions are required to arrange legal representation for young people in these proceedings. Individuals involved in control order, preventative detention order, and community safety order proceedings must comply with the conditions outlined in the regulations.
- Breach of these regulations may result in offences and penalties. However, the specific offences and penalties are not mentioned in the provided text. It is advisable to consult the full text of the regulations or seek legal advice for detailed information on offences and penalties related to the breach of these regulations.
- Area of Law
- Criminal Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Enforcement Powers
- Licensing & Registration
- Prohibited Conduct