Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Consequential amendments
(see s 3 )
Part 1.1 Bail Act 1992
substitute
9C Bail for murder and certain serious drug offences
substitute
(1) This section applies to a person accused of—
(a) murder; or
(b) an offence against any of the following provisions of the Criminal Code, chapter 6 (Serious drug offences):
(i) section 603 (1) (which is about trafficking in a large commercial quantity of a controlled drug);
(ii) section 607 (1) (which is about manufacturing a large commercial quantity of a controlled drug for selling);
(iii) section 616 (1) (which is about cultivating a large commercial quantity of a controlled plant for selling);
(iv) section 619 (1) (which is about selling a large commercial quantity of a controlled plant);
(v) section 622 (1) (which is about supplying etc a commercial quantity of a controlled drug to a child for selling);
(vi) section 624 (1) (which is about procuring a child to traffic in a commercial quantity of a controlled drug).
Note A reference to an offence against a Territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).
[1.3] Schedule 1, part 1.2, new items 3 to 19
insert
[1.4] Schedule 1, part 1.3, items 2 and 3
omit
Part 1.2 Children and Young People Act 1999
after
dependence
insert
[1.6] Section 332 (1) (a) (ii)
after
dependence
insert
after
dependence
insert
[1.8] Dictionary, new definition of controlled drug
insert
"controlled drug"—see the Criminal Code, section 600.
Part 1.3 Drugs of Dependence Act 1989
after section 3, insert
3AA Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act (see Code, pt 2.1):
• s 162 (Cultivation of 1 or 2 cannabis plants)
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
[1.10] Section 160 (1), definitions of commercial quantity and trafficable quantity
omit
[1.11] Section 161 (1) and (2), penalty
substitute
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
omit
substitute
162 Cultivation of 1 or 2 cannabis plants
(1) A person commits an offence if the person cultivates 1 or 2 cannabis plants.
Maximum penalty: 1 penalty unit.
(2) In this section:
"artificially cultivate" means—
(a) hydroponically cultivate; or
(b) cultivate with the application of an artificial source of light or heat.
"cultivates" has the meaning given in the Criminal Code, section 615 but does not include artificially cultivate.
omit
[1.15] Section 164 (2) and (3), penalty
substitute
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
omit
omit
substitute
167 False representation to obtain prescription
omit
renumber subsections when Act next republished under Legislation Act
[1.21] Section 171A (7), definition of simple cannabis offence , paragraph (a)
substitute
(a) an offence against section 162 (Cultivation of 1 or 2 cannabis plants); or
Note Section 162 does not cover artificial cultivation of cannabis plants.
after
Act
insert
or another Territory law
after
insert
/Criminal Code, chapter 6 (Serious drug offences)*
omit
that Act
substitute
the Drugs of Dependence Act 1989
[1.25] Section 171B (3), definition of relevant person
after
this Act
insert
or the Criminal Code, chapter 6 (Serious drug offences)
[1.26] Section 174 (1), definition of offence
after
this Act
insert
or the Criminal Code, chapter 6 (Serious drug offences)
[1.27] Section 182, new definition of chapter 6 substance
insert
chapter 6 substance means any of the following within the meaning of the Criminal Code, chapter 6:
(a) a controlled drug;
(b) a controlled plant;
(c) a controlled precursor.
after
this Act
insert
and the Criminal Code, chapter 6 (Serious drug offences)
[1.29] Section 184 (1) and (2)
omit
believes
substitute
suspects
[1.30] Section 186 (1) and (2)
omit
believes
substitute
suspects
[1.31] Section 187 (1), new definition of issuing officer
insert
"issuing officer" means—
(a) a judge, the registrar or a deputy registrar of the Supreme Court; or
(b) a magistrate; or
(c) the registrar, or a deputy registrar, of the Magistrates Court authorised, in writing, by the Chief Magistrate to be an issuing officer for this section.
omit
a magistrate
substitute
an issuing officer
omit
the magistrate
substitute
the issuing officer
omit
a magistrate
substitute
an issuing officer
omit
the magistrate
substitute
the issuing officer
omit
A magistrate
substitute
An issuing officer
omit
the magistrate
substitute
the issuing officer
omit
A magistrate
substitute
An issuing officer
[1.39] Section 190 (1) and (2)
omit
a drug of dependence or prohibited substance
substitute
a drug of dependence, prohibited substance or chapter 6 substance
[1.40] Section 193A, new definition of chapter 6 substance
insert
chapter 6 substance means any of the following within the meaning of the Criminal Code, chapter 6:
(a) a controlled drug;
(b) a controlled plant;
(c) a controlled precursor.
[1.41] Section 193A, definition of seized substance
substitute
"seized substance" means a substance seized under division 11.3 or another Territory law.
omit
against this Act
[1.43] Section 193E (3) and (6)
omit
against this Act
[1.44] Section 193F (3) (e), (f) and (g)
omit
against this Act
omit
a drug of dependence or prohibited substance
substitute
a drug of dependence, prohibited substance or chapter 6 substance
omit
a drug of dependence or a prohibited substance
substitute
a drug of dependence, prohibited substance or chapter 6 substance
omit
a drug of dependence or prohibited substance
substitute
a drug of dependence, prohibited substance or chapter 6 substance
omit
Part 1.4 Listening Devices Act 1992
[1.49] Section 2 , definition of defined offence , paragraph (b)
substitute
(b) an offence against any of the following provisions of the Criminal Code:
(i) section 603 (8) (which is about trafficking in cannabis);
(ii) section 610 (5) (Selling controlled precursor for manufacture of controlled drug);
(iii) section 611 (9) or (10) (Manufacturing controlled precursor for manufacture of controlled drug);
(iv) section 613 (Supplying substance, equipment or instructions for manufacturing controlled drug);
(v) section 620 (Supplying plant material, equipment or instructions for cultivating controlled plant);
(vi) section 625 (4) (Supplying controlled drug to child);
(vii) section 640 (Receiving property directly derived from drug offence); or
(c) an offence against the Drugs of Dependence Act 1989, section 164 (Sale or supply).
Part 1.5 Prostitution Act 1992
[1.50] Section 6 (1), definition of disqualifying offence , paragraph (a) (iv) and (v)
substitute
(iv) the Criminal Code, chapter 6 (Serious drug offences); or
Part 1.6 Rehabilitation of Offenders (Interim) Act 2001
[1.51] Section 9 (2) (j) to (m)
substitute
(j) an offence against the Criminal Code, chapter 6 (Serious drug offences) other than the following provisions:
(i) section 603 (8) (which is about trafficking in cannabis);
(ii) section 616 (8) (which is about cultivating a cannabis plant for selling);
(iii) section 618 (Cultivating controlled plant);
(iv) section 619 (8) (which is about selling a cannabis plant);
renumber paragraphs when Act next republished under Legislation Act
Part 1.7 Victims of Crime (Financial Assistance) Act 1983
[1.53] Section 2 , definition of serious crime , paragraph (c)
substitute
(c) an offence against the Criminal Code, chapter 6 (Serious drug offences) other than section 618 (Cultivating controlled plant);