crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.8
Insertion of a convention into the Criminal Code
1 Subsection 300.1(1) of the Criminal Code
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.9
10 Section 300.2 of the Criminal Code
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.14
Possession or conduct in relation to the substance or plant is proscribed under a law of a State, a Territory or a foreign country that has purposes similar to those of this Part.
10 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Identifies temporal intervals related to the substance or plant.
(v) the substance or plant poses a substantial risk to the health or safety of the public;
Prohibits possession or conduct in relation to the substance or plant.
(iv) possession or conduct in relation to the substance or plant is proscribed under a law of a State, a Territory or a foreign country that has purposes similar to those of this Part;
Permits possession or conduct in relation to the substance or plant under certain conditions.
(ii) taking the substance or plant would have a physical or mental effect substantially similar to that caused by taking a serious drug that is already listed;
Imposes an obligation on the person to take certain actions.
(iii) the substance or plant has the capacity to cause physiological dependence;
Prohibits taking the substance or plant.
(i) taking the substance or plant would create a risk of death or serious harm;
11 Section 300.2 of the Criminal Code
Applies to the definition of serious drugs
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.10
Repeal and substitute definition of marketable quantity
12 Section 300.2 of the Criminal Code (definition of
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.16
Commercial quantities of serious drugs and precursors are prohibited.
12 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Prohibits commercial quantities of serious drugs and precursors.
13 Section 300.2 of the Criminal Code
Includes in the definition of serious drug
14 Section 300.2 of the Criminal Code
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.18
Trafficable quantities of controlled drugs and plants
14 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Requires trafficable quantity for listed drugs
Repeals definition of trafficable quantity and substitutes with a new definition.
15 Section 300.2 of the Criminal Code (definition of trafficable
Repeal Division 301 of the Criminal Code and substitute with a new Act.
16 Division 301 of the Criminal Code
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.20
16 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.21
17 At the end of paragraphs 307.4(1)(b), 307.7(1)(c) and
Add “, other than a determined controlled drug”.
18 At the end of paragraph 308.1(1)(b) of the Criminal Code
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.22
18 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Repeal Division 314 of the Criminal Code and reference to Customs Act 1901
19 Division 314 of the Criminal Code
Repeal and substitute definition of border controlled drug with a new meaning.
2 Section 300.2 of the Criminal Code (definition of border
Substitution of subdivision in Criminal Code
20 Subsection 51A(1)
Prohibit border controlled drugs and plants listed by regulation.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.12
Permits growing plants covered by TINDAPS Convention to be treated as controlled plants.
(c) for a border controlled drug—listed by a regulation made for the purposes of paragraph 301.4(a); or (d) for a border controlled plant—listed by a regulation made for the purposes of paragraph 301.5(a).
Classification of border controlled drugs and plants using AI
Substitute section 301.13 of the Criminal Code
21 Subsection 112A(1)
Omit section 301.9 of the Criminal Code and substitute with section 301.14.
22 Subsection 112A(3)
Amendments apply to offences committed after commencement
23 Application—offences committed after commencement
Listing of existing serious drugs and precursors by regulation
24 Transitional—listing of existing serious drugs and
Repeal and substitute definition of border controlled plant.
3 Section 300.2 of the Criminal Code (definition of border
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.11
301 Section 301
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.13
Definition of border controlled precursor
Defines 'immediate precursor' for listed precursors.
Conditions for listing a substance or plant as a serious drug
the substance or plant is likely to be taken without appropriate medical supervision
Risk assessment required for listing a substance as a controlled precursor.
Substance is a drug analogue of a listed controlled drug or border controlled drug if it meets certain structural modifications.
301(1) Section 301
Substance is a drug analogue of a listed controlled drug or border controlled drug.
Excludes a substance that is itself a listed controlled drug or border controlled drug from being considered a drug analogue.
301(2) Section 301
Excludes substance from being a drug analogue.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.15
Defines commercial quantity of serious drugs and precursors
Defines marketable quantity of serious drugs and precursors
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.17
Defines trafficable quantity of controlled drugs and plants
The Minister may determine that a substance or plant is controlled.
Minister must not make a determination unless certain conditions are met.
Minister is prohibited from making a determination unless certain conditions are met.
Minister cannot make more than one determination under this section for a particular substance or plant.
301(3) Section 301
Permits certain substances to be treated as controlled drugs.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.19
Minister must not make a determination unless there is an imminent and substantial risk that the substance will be used to unlawfully manufacture a controlled drug.
unless he or she is satisfied that there is an imminent and substantial risk that the substance will be used to unlawfully manufacture a controlled drug.
The Minister must not make a determination unless it occurs within a certain time frame.
(2) The Minister must not make a determination under subsection (1)
Prohibition of making a determination without an imminent and substantial risk.
Limitation on minister's determinations under section 301.
Limits the scope of determinations by time.
(3) The Minister must not make more than one determination under this section in relation to a particular substance or plant.
Establishes the implication of making multiple determinations.
Draws the inference of ministerial action.
Prohibits making more than one determination.
Spreads the obligation to limit determinations.
Determine quantity of controlled substances for commercial or marketable purposes.
Permission to determine quantity of controlled substances.
Minister must determine commercial quantity of serious drug under certain conditions.
Determination has effect for 12 months from registration or specified period.
(a) from the time the determination is registered
Determination has effect during a specified period
(b) for the period of 12 months from that registration
Extension of determination period under exceptional circumstances
Cannot extend the period under subsection (2) beyond 18 months after registration.
Prohibition of extending the period beyond 18 months.
301(4) Section 301
Minister must make public announcement and publish copy of announcement.
Obligation to make public announcement and publish copy.
Announcement under subsection (1) is not a legislative instrument.
A growing plant that is listed by a regulation as a controlled plant or determined by the Minister as a controlled plant under section 301.13
Permits certain substances to be treated as controlled precursors.
307 Section 307
Repeal and substitute definition of border controlled precursor
4 Section 300.2 of the Criminal Code (definition of border
Repeals definition of commercial quantity and substitutes with a new meaning.
5 Section 300.2 of the Criminal Code (definition of
Repeals definition of controlled drug and substitutes with a new definition.
6 Section 300.2 of the Criminal Code (definition of controlled
6 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act
Repeal definition, substitute with new meaning.
7 Section 300.2 of the Criminal Code (definition of controlled
Repeal definition of controlled precursor and substitute with new meaning.
8 Section 300.2 of the Criminal Code (definition of controlled
8 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act
Defines 'determined' for serious drugs and controlled precursors.
9 Section 300.2 of the Criminal Code
The Minister under section 301.13 determines...
Class hierarchy for controlled precursors
Precursor means determined by the Minister under...
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.23
1 At the end of Division 370 of Part 9.5 of the Criminal Code
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.35
Division 3B of Part IAA of the Crimes Act 1914 applies to persons reasonably suspected of offences.
10 Amendments made by Part 2
Division 3B applies to persons reasonably suspected of offences.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.24
Repeal paragraph and substitute with new definition
2 Paragraph 372.1(1)(c) of the Criminal Code
Provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.
20 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.26
22 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
This section applies regardless of circumstances.
22(6) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Exemption from the application of section 22(7) for dealing with one's own identification information.
22(7) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Section 22(7) and this exemption overlap.
Indicates that the exemption overlaps with the general rule in section 22(7)
The exemption is a specific case of the general rule in section 22(7).
This exemption is recognized as valid by CogAI.
Recognizes the exemption as a valid exception to section 22(7)
The individual is dealing with their own identification information.
Exempts the individual from the obligation to comply with section 22(7)
The obligation to comply with section 22(7) is diffused.
Diffuses the obligation to comply with section 22(7)
The individual is exempt from the obligation to comply with section 22(7).
Validates the exemption against the SHACL schema
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.28
24 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.30
26 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
A person commits an offence if they engage in conduct that breaches a requirement.
26(3) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Defines 'engage in conduct' as doing or omitting an act.
26(4) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Classifies 'engage in conduct' as an obligation.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.32
28 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Using identification information to obtain an air passenger ticket is prohibited.
28(2) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Presumption of carriage service use in prosecution for certain crimes.
28(3) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Prosecution proves beyond reasonable doubt
Absolute liability applies to certain crimes.
28(4) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
3 After section 372.1 of the Criminal Code
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.34
Defines constitutional flight for the purpose of this section.
30 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.36
32 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Definition of foreign indictable offence
370 Section 370
Concurrent operation of laws is not excluded.
370(1) Section 370
Obligation to allow concurrent operation
Concurrent operation of State/Territory laws not excluded by this Part.
370(2) Section 370
this Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory
States that concurrent operation overlaps with this Part.
Excludes concurrent operation of State/Territory laws.
States that concurrent operation repeats with this Part.
Penalty and fault element differences do not affect applicability of subsection (2)
370(3) Section 370
Subsection (2) applies regardless of changes to penalty or fault elements
Applicability overlaps with changes in penalty or fault elements
(a) and (b) are conditions on the law, not the subsection
Applicability is recognized by CogAI as unaffected by changes in penalty or fault elements
Applicability is unaffected by changes in penalty or fault elements
(a) and (b) do not affect the applicability of subsection (2)
Applicability diffuses into changes in penalty or fault elements
Applicability is recurrent and unaffected by changes in penalty or fault elements
372 Section 372
Dealing in identification information using a carriage service is an offence.
372(1) Section 372
...the first person commits an offence if...
Identification information is used in relation to a carriage service.
(b) the first person does so using a carriage service;
the first person commits an offence if...
Prohibits dealing in identification information using a carriage service.
(a) the first person deals in identification information; (b) the first person does so using a carriage service;
...pretend to be, or to pass the user off as, another person...
Prohibits pretending to be or passing someone off as another person using identification information.
(c) the first person intends that any person (the user) will use the identification information to...
...facilitating the commission of an offence; and
Prohibits committing an offence using identification information.
(i) the offence referred to in paragraph (c) is: an indictable offence against a law of the Commonwealth; or an indictable offence against a law of a State or Territory;
Prohibits foreign indictable offences using identification information.
Classifies 'deal' as including make, supply or use any identification information.
Deal, in identification information, includes make, supply or use any such information.
Absolute liability applies to certain elements of the offence.
372(2) Section 372
Prohibits dealing in identification information obtained using a carriage service.
Obtaining identification information using a carriage service is prohibited.
372(3) Section 372
(3) A person (the first person) commits an offence if...
Classification of the provision as a prohibition
372(4) Section 372
Absolute liability is a deontic obligation.
Presumption of carriage service use in conduct related to identity crime and air travel
372(5) Section 372
Definition of air passenger ticket and false identification information
376 Section 376
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.31
Using identification information at a constitutional airport recklessly is an offence.
376(1) Section 376
Establishes temporal relation between use of information and identification as an offence.
(a) the defendant uses information at a place; and (b) the defendant does so recklessly...
Classifies reckless use of identification information as an offence using AI.
Prohibits reckless use of identification information at a constitutional airport.
Diffuses the notion that reckless use of identification information is an offence.
Establishes recurring trace of reckless use of identification information as an offence.
Absolute liability applies to paragraph (1)(e)
376(2) Section 376
Defines constitutional airport for section 376.
376(3) Section 376
Airport is a constitutional airport if it meets the definition or is in a Territory
Relates to another airport within the same time frame
Section 3 of the Crimes (Aviation) Act 1991 defines a Commonwealth aerodrome
Airport is a constitutional airport if it meets the definition
Section 376 defines constitutional airport
Describes the meaning of constitutional airport
The section describes what constitutes a constitutional airport
Using false identification information to obtain an air passenger ticket is a carriage service offence.
Prohibits the use of false identification information to obtain an air passenger ticket.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.33
Using false identification information to obtain an air passenger ticket is prohibited.
...the flight is a constitutional flight.
Temporal relation between the provision and the commencement of the flight.
(1) A person (the defendant) commits an offence if:
Knowledge representation of the provision's meaning.
Prohibition of using false identification information to obtain an air passenger ticket.
(a) the defendant uses information; and (b) the defendant does so:...
Recurring trace of the provision's applicability to flights.
Validation of the provision's structure.
Using a false identification to obtain an air passenger ticket is prohibited.
The use of a false identification to obtain an air passenger ticket is prohibited.
Prohibition of using a false identification to obtain an air passenger ticket.
(2) A person (the defendant) commits an offence if: (a) the defendant takes a flight using an air passenger ticket; and (b) identification information was used (whether by the defendant or another person) to obtain the ticket; and (c) the information resulted in the identification of a person as a passenger on the flight; and (d) the information is false in relation to the defendant; and (e) the flight is a constitutional flight. Penalty: Imprisonment for 12 months.
Absolute liability applies to paragraphs (1)(e) and (2)(e)
Section 376 applies to the offences in sections 376.3 and 376.4.
Section applies to the offences in sections 376.3 and 376.4.
Classifies air passenger ticket and false identification information
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.27
3UL Definitions—Division 3B
3UM Identity information at airports—requirements
Constable may request identity information from a suspect at a constitutional airport if reasonably suspected of committing an offence.
3UM(1) Identity information at airports—requirements
The request must be made at a constitutional airport.
The text specifies a temporal interval for the request.
The key is represented as a knowledge representation.
The text uses formal language to describe the provision.
A constable may request identity information from a suspect at a constitutional airport if reasonably suspected of committing an offence.
Constable has a duty to request identity information from a suspect at a constitutional airport.
The constable is authorized to make requests under this section.
The request is part of a recurring trace of law enforcement actions.
The text describes a specific action taken by the constable.
The text describes specific requirements for the request.
Request for identity information at airports
3UM(2) Identity information at airports—requirements
3UM(3) Identity information at airports—requirements
constable evidence, suspect's response to the request
Constable must provide identity information before making a request.
3UM(4) Identity information at airports—requirements
Must provide suspect with certain information if requested.
3UM(5) Identity information at airports—requirements
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.29
3UN Identity information at airports—offences relating to
Failure to comply with a request from a constable
3UN(1) Identity information at airports—offences relating to
Prohibition of non-compliance with a request from a constable
Offences relating to identity information at airports
3UN(2) Identity information at airports—offences relating to
Insertion of subsection 372.1A(1) or (3)
4 Paragraph 372.2(1)(c) of the Criminal Code
5 Paragraph 372.3(1)(d) of the Criminal Code
Insertion of subsections in Criminal Code
6 Subsection 372.5(1) of the Criminal Code
7 Subsection 372.5(2) of the Criminal Code
8 After Division 3A of Part IAA
9 At the end of Part 9.5 of the Criminal Code
Duty to detect corrupt conduct in law enforcement agencies
1 Before paragraph 15(a)
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.39
Insertion of phrase for any period of employment after 'superannuation scheme'
10 Paragraph 46(3)(a)
11 Paragraph 46(4)(a) (definition of AB (amount of benefits))
Insertion of a period of employment into the definition of superannuation scheme
12 Paragraph 19(3)(a)
Insertion of definition for AB (amount of benefits)
13 Paragraph 19(4)(a) (definition of AB (amount of benefits))
Application of amendments: the Australian Federal Police
14 Application of amendments: the Australian Federal Police
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.40
Application of amendments: the Crimes (Superannuation Benefits) Act 1989
15 Application of amendments: the Crimes (Superannuation
Prohibition on corrupt conduct in law enforcement agencies
2 After paragraph 15(d)
Omit 'an authorisation', substitute 'a delegation'.
3 Subsection 104(5)
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.38
34 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
36 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Cannot refer ACLEI corruption issue to Integrity Commissioner for investigation under Division 3 if it relates to the conduct of the Integrity Commissioner or an Assistant Integrity Commissioner.
4 Subsection 156(3)
The prohibition on referring ACLEI corruption issue to Integrity Commissioner for investigation under Division 3 applies only if the issue relates to the conduct of the Integrity Commissioner or an Assistant Integrity Commissioner.
...if the ACLEI corruption issue relates to the conduct of:
The prohibition on referring ACLEI corruption issue to Integrity Commissioner for investigation under Division 3 is represented as a knowledge fact that prohibits referring the issue if it relates to the conduct of the Integrity Commissioner or an Assistant Integrity Commissioner.
...the conduct of an Assistant Integrity Commissioner.
Prohibition on referring ACLEI corruption issue to Integrity Commissioner for investigation under Division 3.
The Minister must not refer the ACLEI corruption issue to the Integrity Commissioner for investigation under Division 3 if...
The prohibition on referring ACLEI corruption issue to Integrity Commissioner for investigation under Division 3 spreads to all related issues if they relate to the conduct of the Integrity Commissioner or an Assistant Integrity Commissioner.
The prohibition on referring ACLEI corruption issue to Integrity Commissioner for investigation under Division 3 is a recurring trace that applies whenever the condition is met.
5 Subsection 219(2)
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.37
6 Application of amendment
7 Subsection 4AA(1) (definition of penalty unit)
Review of penalty unit amount after third anniversary
8 After subsection 4AA(1)
9 Application of amendments
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.5
Cites this Act as the Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012.
1 Short title
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.6
1 Section 1
2 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act
Commencement rules for provisions in the Act.
2 Commencement
2 Section 2
28 November
28 May 2013
28 December
29 November
Note: This table relates only to the provisions of this Act as originally enacted.
Table will not be amended to deal with later amendments
3 Section 3
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.7
Amends or repeals Acts specified in a Schedule according to its terms.
3 Schedule(s)
4 Section 4
4 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act
5 Section 5
6 Section 6
7 Section 7
An Act to amend various Acts relating to criminal law and law enforcement, and for other purposes
Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012