Criminal Code (Serious Drug Offences) Amendment Act 2004 (ACT)

Criminal Code (Serious Drug Offences) Amendment Act 2004

A2004-56

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. Chapter 5  2

5. New chapter 6  3

6. Dictionary, new definitions  40

Schedule 1Consequential amendments  42

Part 1.1Bail Act 1992  42

Part 1.2Children and Young People Act 1999  44

Part 1.3Drugs of Dependence Act 1989  45

Part 1.4Listening Devices Act 1992  54

Part 1.5Prostitution Act 1992  55

Part 1.6Rehabilitation of Offenders (Interim) Act 2001                  55

Part 1.7Victims of Crime (Financial Assistance) Act 1983             56

Criminal Code (Serious Drug Offences) Amendment Act 2004

A2004-56

An Act to amend the Criminal Code 2002, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Criminal Code (Serious Drug Offences) Amendment Act 2004.

2. Commencement

   This Act commences on a date fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

   This Act amends the Criminal Code 2002.

   NoteThis Act also amends other legislation (see sch 1).

4. Chapter 5

   relocate as chapter 8 and renumber section 425 as section 800

5. New chapter 6

   insert

Chapter 6Serious drug offences

Part 6.1Interpretation for ch 6

1. Definitions for ch 6

   In this chapter:

   cannabis means a substance consisting of or containing—

   (a)the fresh or dried parts of a cannabis plant, other than goods that consist completely or mainly of cannabis fibre; or

   (b)tetrahydrocannabinol.

   cannabis plant means a plant of the genus Cannabis.

   commercial quantity—see section 601.

   conceal a thing includes conceal or disguise—

   (a)the nature, source or location of the thing; or

   (b)any movement of the thing; or

   (c)someone’s rights in relation to the thing; or

   (d)the identity of any owner of the thing.

   controlled drug means a substance prescribed under the regulations as a controlled drug, but does not include a growing plant.

   controlled plant means a growing plant prescribed under the regulations as a controlled plant, and includes a seedling of the plant.

   controlled precursor means a substance prescribed under the regulations as a controlled precursor.

   cultivates—see section 615.

   cultivation—see section 615.

   large commercial quantity—see section 601.

   manufacture—see section 606.

   manufactures—see section 606.

   possession of a thing includes the following:

   (a)receiving or obtaining possession of the thing;

   (b)having control over the disposition of the thing (whether or not having custody of the thing);

   (c)having joint possession of the thing.

   prepare a drug for supply includes pack the drug or separate the drug into discrete units.

   sell