Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012
An Act to amend various Acts relating to criminal law and law enforcement, and for other purposes
1 Short title
Cites this Act as the Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.5
2 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.6
2 Commencement
Commencement rules for provisions in the Act.
1 Section 1
28 November
2 Section 2
28 May 2013
3 Section 3
29 November
4 Section 4
5 Section 5
6 Section 6
28 December
7 Section 7
Note: This table relates only to the provisions of this Act as originally enacted.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 Schedule(s)
Amends or repeals Acts specified in a Schedule according to its terms.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.7
4 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.8
1 Subsection 300.1(1) of the Criminal Code
Insertion of a convention into the Criminal Code
2 Section 300.2 of the Criminal Code (definition of border
Repeal and substitute definition of border controlled drug with a new meaning.
3 Section 300.2 of the Criminal Code (definition of border
Repeal and substitute definition of border controlled plant.
4 Section 300.2 of the Criminal Code (definition of border
Repeal and substitute definition of border controlled precursor
5 Section 300.2 of the Criminal Code (definition of
Repeals definition of commercial quantity and substitutes with a new meaning.
6 Section 300.2 of the Criminal Code (definition of controlled
Repeals definition of controlled drug and substitutes with a new definition.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.9
7 Section 300.2 of the Criminal Code (definition of controlled
Repeal definition, substitute with new meaning.
8 Section 300.2 of the Criminal Code (definition of controlled
Repeal definition of controlled precursor and substitute with new meaning.
9 Section 300.2 of the Criminal Code
Defines 'determined' for serious drugs and controlled precursors.
The Minister under section 301.13 determines...
Class hierarchy for controlled precursors
Precursor means determined by the Minister under...
10 Section 300.2 of the Criminal Code
11 Section 300.2 of the Criminal Code
Applies to the definition of serious drugs
6 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.10
Prohibit border controlled drugs and plants listed by regulation.
(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
12 Section 300.2 of the Criminal Code (definition of
Repeal and substitute definition of marketable quantity
13 Section 300.2 of the Criminal Code
Includes in the definition of serious drug
14 Section 300.2 of the Criminal Code
15 Section 300.2 of the Criminal Code (definition of trafficable
Repeals definition of trafficable quantity and substitutes with a new definition.
16 Division 301 of the Criminal Code
Repeal Division 301 of the Criminal Code and substitute with a new Act.
301 Section 301
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.11
Permits certain substances to be treated as controlled drugs.
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
8 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act
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.
Permits certain substances to be treated as controlled precursors.
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
10 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
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.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.14
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;
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;
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;
Risk assessment required for listing a substance as a controlled precursor.
301(1) Section 301
Substance is a drug analogue of a listed controlled drug or border controlled drug if it meets certain structural modifications.
Substance is a drug analogue of a listed controlled drug or border controlled drug.
301(2) Section 301
Excludes a substance that is itself a listed controlled drug or border controlled drug from being considered a drug analogue.
Excludes substance from being a drug analogue.
Defines commercial quantity of serious drugs and precursors
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.15
12 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Commercial quantities of serious drugs and precursors are prohibited.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.16
Prohibits commercial quantities of serious drugs and precursors.
Defines marketable quantity of serious drugs and precursors
Defines trafficable quantity of controlled drugs and plants
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.17
14 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Trafficable quantities of controlled drugs and plants
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.18
Requires trafficable quantity for listed drugs
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.
301(3) Section 301
Minister cannot make more than one determination under this section for a particular substance or plant.
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.
Prohibition of making a determination without an imminent and substantial risk.
(2) The Minister must not make a determination under subsection (1)
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.
Limitation on minister's determinations under section 301.
Prohibits making more than one determination.
(3) The Minister must not make more than one determination under this section in relation to a particular substance or plant.
Limits the scope of determinations by time.
Establishes the implication of making multiple determinations.
Spreads the obligation to limit determinations.
Draws the inference of ministerial action.
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.
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.20
Determination has effect for 12 months from registration or specified period.
(a) from the time the determination is registered
(b) for the period of 12 months from that registration
Determination has effect during a specified period
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.
17 At the end of paragraphs 307.4(1)(b), 307.7(1)(c) and
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.21
307 Section 307
18 At the end of paragraph 308.1(1)(b) of the Criminal Code
Add “, other than a determined controlled drug”.
19 Division 314 of the Criminal Code
Repeal Division 314 of the Criminal Code and reference to Customs Act 1901
20 Subsection 51A(1)
Substitution of subdivision in Criminal Code
21 Subsection 112A(1)
Substitute section 301.13 of the Criminal Code
22 Subsection 112A(3)
Omit section 301.9 of the Criminal Code and substitute with section 301.14.
18 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.22
23 Application—offences committed after commencement
Amendments apply to offences committed after commencement
24 Transitional—listing of existing serious drugs and
Listing of existing serious drugs and precursors by regulation
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.23
370 Section 370
Definition of foreign indictable offence
370(1) Section 370
Concurrent operation of laws is not excluded.
Obligation to allow concurrent operation
370(2) Section 370
Concurrent operation of State/Territory laws not excluded by this Part.
Excludes concurrent operation of State/Territory laws.
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.
States that concurrent operation repeats with this Part.
370(3) Section 370
Penalty and fault element differences do not affect applicability of subsection (2)
Applicability is unaffected by changes in penalty or fault elements
(a) and (b) do not affect the applicability of subsection (2)
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 recurrent and unaffected by changes in penalty or fault elements
Applicability diffuses into changes in penalty or fault elements
Applicability is recognized by CogAI as unaffected by changes in penalty or fault elements
20 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.24
2 Paragraph 372.1(1)(c) of the Criminal Code
Repeal paragraph and substitute with new definition
3 After section 372.1 of the Criminal Code
372 Section 372
372(1) Section 372
Dealing in identification information using a carriage service is an offence.
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;
the first person commits an offence if...
Classifies 'deal' as including make, supply or use any identification information.
Deal, in identification information, includes make, supply or use any such information.
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...
...pretend to be, or to pass the user off as, another person...
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;
...facilitating the commission of an offence; and
Prohibits foreign indictable offences using identification information.
...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;
372(2) Section 372
Absolute liability applies to certain elements of the offence.
Prohibits dealing in identification information obtained using a carriage service.
372(3) Section 372
Obtaining identification information using a carriage service is prohibited.
(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.
372(5) Section 372
Presumption of carriage service use in conduct related to identity crime and air travel
Prosecution proves beyond reasonable doubt
22 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(6) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
This section applies regardless of circumstances.
22(7) 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.
Exempts the individual from the obligation to comply with section 22(7)
The individual is dealing with their own identification information.
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).
Section 22(7) and this exemption overlap.
Diffuses the obligation to comply with section 22(7)
The individual is exempt from the obligation to comply with section 22(7).
The obligation to comply with section 22(7) is diffused.
Recognizes the exemption as a valid exception to section 22(7)
This exemption is recognized as valid by CogAI.
Validates the exemption against the SHACL schema
4 Paragraph 372.2(1)(c) of the Criminal Code
Insertion of subsection 372.1A(1) or (3)
5 Paragraph 372.3(1)(d) of the Criminal Code
6 Subsection 372.5(1) of the Criminal Code
Insertion of subsections in Criminal Code
7 Subsection 372.5(2) of the Criminal Code
8 After Division 3A of Part IAA
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.27
3UL Definitions—Division 3B
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.28
3UM Identity information at airports—requirements
3UM(1) Identity information at airports—requirements
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.
A constable may request identity information from a suspect at a constitutional airport if reasonably suspected of committing an offence.
The request must be made at a constitutional airport.
The text specifies a temporal interval for the request.
The request is part of a recurring trace of law enforcement actions.
The text describes a specific action taken by the constable.
The key is represented as a knowledge representation.
The text uses formal language to describe the provision.
The text describes specific requirements for the request.
3UM(2) Identity information at airports—requirements
Request for identity information at airports
3UM(3) Identity information at airports—requirements
3UM(4) Identity information at airports—requirements
Constable must provide identity information before making a request.
constable evidence, suspect's response to the request
3UM(5) Identity information at airports—requirements
Must provide suspect with certain information if requested.
3UN Identity information at airports—offences relating to
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.29
3UN(1) Identity information at airports—offences relating to
Failure to comply with a request from a constable
Prohibition of non-compliance with a request from a constable
3UN(2) Identity information at airports—offences relating to
Offences relating to identity information at airports
26 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(3) 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(4) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Defines 'engage in conduct' as doing or omitting an act.
Classifies 'engage in conduct' as an obligation.
9 At the end of Part 9.5 of the Criminal Code
376 Section 376
Definition of air passenger ticket and false identification information
Classifies air passenger ticket and false identification information
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.31
376(1) Section 376
Using identification information at a constitutional airport recklessly is an offence.
Prohibits reckless use of identification information at a constitutional airport.
(a) the defendant uses information at a place; and (b) the defendant does so recklessly...
Establishes temporal relation between use of information and identification as an offence.
Establishes recurring trace of reckless use of identification information as an offence.
Diffuses the notion that reckless use of identification information is an offence.
Classifies reckless use of identification information as an offence using AI.
376(2) Section 376
Absolute liability applies to paragraph (1)(e)
376(3) Section 376
Defines constitutional airport for section 376.
Section 376 defines constitutional airport
Airport is a constitutional airport if it meets the definition
Describes the meaning of constitutional airport
The section describes what constitutes a constitutional airport
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 or is in a Territory
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.
28 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.32
28(2) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Using identification information to obtain an air passenger ticket is prohibited.
28(3) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Presumption of carriage service use in prosecution for certain crimes.
28(4) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Absolute liability applies to certain crimes.
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.
Prohibition of using false identification information to obtain an air passenger ticket.
(a) the defendant uses information; and (b) the defendant does so:...
Temporal relation between the provision and the commencement of the flight.
(1) A person (the defendant) commits an offence if:
...the flight is a constitutional flight.
Recurring trace of the provision's applicability to flights.
Knowledge representation of the provision's meaning.
Validation of the provision's structure.
Using 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.
The use of a false identification to obtain an air passenger ticket is prohibited.
Absolute liability applies to paragraphs (1)(e) and (2)(e)
30 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
Defines constitutional flight for the purpose of this section.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.34
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.
10 Amendments made by Part 2
Division 3B of Part IAA of the Crimes Act 1914 applies to persons reasonably suspected of offences.
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.35
Division 3B applies to persons reasonably suspected of offences.
32 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
1 Before paragraph 15(a)
Duty to detect corrupt conduct in law enforcement agencies
2 After paragraph 15(d)
Prohibition on corrupt conduct in law enforcement agencies
3 Subsection 104(5)
Omit 'an authorisation', substitute 'a delegation'.
4 Subsection 156(3)
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.
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 conduct of an Assistant Integrity Commissioner.
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 a recurring trace that applies whenever the condition is met.
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 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.
5 Subsection 219(2)
6 Application of amendment
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.37
34 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.38
7 Subsection 4AA(1) (definition of penalty unit)
8 After subsection 4AA(1)
Review of penalty unit amount after third anniversary
9 Application of amendments
10 Paragraph 46(3)(a)
Insertion of phrase for any period of employment after 'superannuation scheme'
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.39
11 Paragraph 46(4)(a) (definition of AB (amount of benefits))
12 Paragraph 19(3)(a)
Insertion of a period of employment into the definition of superannuation scheme
13 Paragraph 19(4)(a) (definition of AB (amount of benefits))
Insertion of definition for AB (amount of benefits)
14 Application of amendments: the Australian Federal Police
Application of amendments: the Australian Federal Police
36 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures)
crimes-legislation-amendment-serious-drugs-identity-crime-and-other-measures-act-2012.pdf, p.40
15 Application of amendments: the Crimes (Superannuation
Application of amendments: the Crimes (Superannuation Benefits) Act 1989