Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations 1992
Statutory Rules 1992 No. 402 as amended
made under the
Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990
This compilation was prepared on 19 April 2004
taking into account amendments up to SR 2004 No. 62
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Prescribed States and Territories
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations 1992.
2 Commencement [see Note 1]
These Regulations commence on the date of commencement of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Amendment Act 1992.
3 Interpretation
(1) In these Regulations, unless the contrary intention appears:
the Act means the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.
4 Prescribed States and Territories
(1) For the purposes of section 15a of the Act, the following States and Territory are prescribed:
(a) New South Wales;
(b) Victoria;
(c) Queensland;
(d) Western Australia;
(e) South Australia;
(f) the Australian Capital Territory.
(2) For the purposes of section 15b of the Act, the following States and Territory are prescribed:
(a) New South Wales;
(b) Victoria;
(c) Queensland;
(d) Western Australia;
(e) South Australia;
(f) the Australian Capital Territory.
(3) For the purposes of section 15c of the Act, the following States and Territory are prescribed:
(a) New South Wales;
(b) Victoria;
(c) Queensland;
(d) Western Australia;
(e) South Australia;
(f) the Australian Capital Territory.
Notes to the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations 1992
Note 1
The Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations 1992 (in force under the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990) as shown in this compilation comprise Statutory Rules 1992 No. 402 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1992 No. 402 | 16 Dec 1992 | (a) | |
2004 No. 62 | 19 Apr 2004 | 19 Apr 2004 | — |
(a) Regulation 2 provides as follows:
These Regulations commence on the date of commencement of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Amendment Act 1992.
The Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Amendment Act 1992 commenced immediately after the amendment of the Crimes Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, which commenced on 14 February 1993.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2004 No. 62 |
R. 4................. | am. 2004 No. 62 |
Overview
The Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations 1992 were enacted under the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 by the Parliament of Australia. These regulations were introduced to provide a detailed framework for the regulation and control of the trafficking of narcotic drugs and psychotropic substances. They were developed in response to the need for a comprehensive and enforceable legal structure to combat drug trafficking, which was seen as a significant issue impacting public health and safety. The primary policy objective of these regulations is to support the enforcement mechanisms established by the Act, ensuring that the provisions for the control and punishment of drug trafficking are effectively implemented across the prescribed states and territories.
Scope and Application
The Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations 1992, made under the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, govern the regulation of the traffic in narcotic drugs and psychotropic substances. These regulations apply to specified states and territories, including New South Wales, Victoria, Queensland, Western Australia, South Australia, and the Australian Capital Territory, as identified in the Act. The Regulations commenced on the date of commencement of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Amendment Act 1992, which is 14 February 1993. The scope of these regulations is limited to the prescribed states and territories, ensuring that the rules and penalties for drug trafficking are uniformly applied within these jurisdictions. Any amendments to these regulations are made through subordinate instruments, as evidenced by the amendments up to Statutory Rules 2004 No. 62. The regulations do not specify exclusions, exemptions, or thresholds within the text provided, but rather leave such details to be defined under the overarching Act.
Key Provisions
The Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations 1992 (the Regulations) primarily serve to implement the provisions of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 (the Act). Section 1 of the Regulations establishes their name, while Section 2 outlines the commencement date, which aligns with the commencement of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Amendment Act 1992. Section 3 provides definitions for terms used within the Regulations, ensuring clarity and consistency in interpretation. Section 4 specifies the prescribed states and territories, which include New South Wales, Victoria, Queensland, Western Australia, South Australia, and the Australian Capital Territory, for various purposes under the Act.
The Regulations impose several obligations and requirements on entities and individuals within their scope. These include adhering to the prescribed states and territories mentioned in Section 4 for activities related to narcotic drugs and psychotropic substances. Additionally, parties must comply with the definitions and interpretations provided in Section 3 to ensure uniformity in the application of the Regulations. This includes understanding terms such as "the Act," which is defined as the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.
Failure to comply with the provisions of the Regulations can result in various consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed in the excerpt, the overarching framework of the Act suggests that breaches may lead to legal action under the Act. The Act itself provides for penalties that can include fines and imprisonment, with the severity depending on the nature and extent of the offence. The Regulations, by implementing the Act, reinforce the importance of compliance and the potential repercussions for non-compliance.