Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 97, 1990
Compilation No. 8
Compilation date: 11 May 2018
Includes amendments up to: Act No. 31, 2018
Registered: 11 May 2018
About this compilation
This compilation
This is a compilation of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 that shows the text of the law as amended and in force on 11 May 2018 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Short Title
2 Commencement
3 Interpretation
4 Act extends to external Territories
4A Application of the Criminal Code
5 Effect of this Act on other laws
6 Meaning of dealing in drugs
7 Meaning of flight in relation to aircraft
8 Meaning of ship at sea
8A Proof of knowledge, intent or purpose
Part 2--Offences
9 Possession of equipment etc.
10 Dealing in drugs on board an Australian aircraft
11 Dealing in drugs on board an Australian ship
12 Dealing in drugs outside Australia
13 Dealing in drugs outside Australia with a view to commission of offence in Australia etc.
14 Conspiracy etc. outside Australia to commit offence inside Australia
15 Penalties for offences against sections 10 to 13
15A Intentionally converting etc. property derived from a serious State drug offence
15B Intentionally concealing etc. property derived from a serious State drug offence
15C Intentionally acquiring etc. property derived from a serious State drug offence
Part 3--Miscellaneous
16 Prosecutions
17 Presumption that traffickable quantity etc. of narcotic drug etc. is for sale or supply
18 Venue where offence committed on aircraft
19 Change of venue
20 Certificates by Foreign Affairs Minister
21 Section 38 of Judiciary Act
22 Regulations
Schedule 1--United Nations Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substances
Schedule 2--Narcotic Drugs
Schedule 3--Psychotropic Substances
Part 1 66
Part 2 69
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 | 97, 1990 | 29 Nov 1990 | 14 Feb 1993 (s 2 and gaz 1993, No GN4) |
|
Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Amendment Act 1992 | 77, 1992 | 26 June 1992 | 14 Feb 1993 (s 2) | -- |
196, 1992 | 21 Dec 1992 | Sch (Pt 2): 10 Mar 1993 (s 2(3)(a) and gaz 1993, No GN17) | -- | |
182, 1994 | 19 Dec 1994 | -- | ||
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4(1) and (2) | |
Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other Measures) Act 2002 | 141, 2002 | 19 Dec 2002 | Sch 3 (item 4): 16 Jan 2003 (s 2(1) item 3) | -- |
5, 2011 | 22 Mar 2011 | Sch 5 (items 73, 74): 19 Apr 2011 (s 2(1) item 13) | -- | |
136, 2012 | 22 Sept 2012 | Sch 3 (item 3): 22 Sept 2012 (s 2(1) item 35) | -- | |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 86): 10 Mar 2016 (s 2(1) item 6) | -- |
Home Affairs and Integrity Agencies Legislation Amendment Act 2018 | 31, 2018 | 9 May 2018 | Sch 2 (item 284) |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 77, 1992; No 196, 1992; No 24, 2001; No 5, 2011; No 136, 2012 |
s 4A.................... | ad No 24, 2001 |
s 6..................... | am No 77, 1992; No 24, 2001 |
s 8A.................... | ad No 77, 1992 |
Part 2 |
|
s 9..................... | am No 24, 2001; No 4, 2016 |
s 10.................... | am No 24, 2001; No 4, 2016 |
s 11.................... | am No 24, 2001; No 4, 2016 |
s 12.................... | am No 24, 2001; No 4, 2016 |
s 13.................... | am No 24, 2001; No 4, 2016 |
s 14.................... | am No 24, 2001; No 4, 2016 |
s 15.................... | am No 24, 2001 |
s 15A................... | ad No 77, 1992 |
| am No 24, 2001; No 4, 2016 |
s 15B................... | ad No 77, 1992 |
| am No 24, 2001; No 4, 2016 |
s 15C................... | ad No 77, 1992 |
| am No 24, 2001; No 4, 2016 |
Part 3 |
|
s 17.................... | am No 24, 2001 |
s 20.................... | rs No 182, 1994 |
| am No 5, 2011 |
s 22.................... | ad No 77, 1992 |
| am No 31, 2018 |
Schedule 1 |
|
Schedule 1................ | ed C8 |
Schedule 3 |
|
Schedule 3................ | am No 141, 2002 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Schedule 1
Kind of editorial change
Correct a typographical error
Details of editorial change
Article 11(3) of the United Nations Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substances set out in Schedule 1 refers to "pyschotropic substances". It is spelt correctly in the original convention.
This compilation was editorially changed to omit the word "pyschotropic" and substitute the word "psychotropic" to correct this typographical error.