Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Act 2015
An Act to amend various Acts relating to the criminal law or law enforcement, and for other purposes
1 Short title
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.6
2 Commencement
Commencement rules for provisions in the Act.
1 Section 1
5 March 2015
2 Section 2
5 September
3 Section 3
6 March 2015
4 Section 4
5 Section 5
The day after this Act receives the Royal Assent.
6 Section 6
The day this Act receives the Royal Assent.
7 Section 7
3 Schedule(s)
Schedules for amendment or repeal of Acts
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.7
1 After Part 9.1 of the Criminal Code
Insert provision after Part 9.1 of the Criminal Code
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.8
320 Section 320
320(1) Section 320
Defines 'consume' and 'psychoactive effect' for the purpose of this Part.
Classifies substances into psychoactive and non-psychoactive categories.
320(2) Section 320
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.9
Importing a psychoactive substance is an offence.
Prohibits importing a psychoactive substance.
(1) A person commits an offence if: (a) the person imports a substance; and (b) the substance is a psychoactive substance.
Imprisonment for 5 years, or 300 penalty units, or both.
The offence occurs during the importation of a psychoactive substance.
Exemptions from the Psychoactive Substances Act 2015
The substance is exempt under section 18A of the Therapeutic Goods Act 1989.
The defendant bears an evidential burden in relation to the matters in subsection (3).
The exemption applies to substances that are listed goods, or registered goods, within the meaning of the Therapeutic Goods Act 1989.
The substance is exempt under section 19 of the Therapeutic Goods Act 1989.
320(3) Section 320
Exempts substances containing psychoactive substances not specified in paragraphs (2)(a) to (l)
320(4) Section 320
No need to prove defendant's recklessness in certain circumstances.
Imposes a duty on the prosecution to prove recklessness in certain circumstances.
(4) In a prosecution for an offence under subsection (1), it is not necessary to prove that the defendant was reckless as to...
...the particular identity of the substance; or ... whether the substance had a particular psychoactive effect.
Defines an interval for substances with psychoactive effects.
Defines a recurring trace for substances with psychoactive effects.
Diffuses the concept of psychoactive effects among substances.
Recognizes the concept of psychoactive effects in substances.
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.11
Importation of a substance with an express or implied representation that it is a serious drug alternative is prohibited.
Prohibits importation of a substance with an express or implied representation.
(1) A person commits an offence if: (a) the person imports a substance; and (b) at the time of the importation, the presentation of the substance includes an express or implied representation that the substance is a serious drug alternative.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
Classifies the importation of a substance with an express or implied representation as an offence.
Requires the importation of a substance with an express or implied representation to be at all times prohibited.
Imposes an obligation on individuals to not import a substance with an express or implied representation.
Prohibits individuals from importing a substance with an express or implied representation.
Requires presentation of substance name, labelling and packaging information, and advertising material.
Includes matters relating to the name of the substance, labelling and packaging, and advertising material.
Substances exempt from the Psychoactive Substances Act
Exemptions from the Psychoactive Substances Act
(i) is a registered chemical product (within the meaning of that Code); or
(iv) is imported into Australia with the written consent of the Australian Pesticides and Veterinary Medicines Authority under subsection 69B(1B) of that Act; or
(ii) is an approved active constituent (within the meaning of that Code); or
Importation and use must be within a specific time frame
(ii) is a reserved chemical product (within the meaning of that Code); or
No proof required for certain elements in a prosecution under subsection (1)
2 Subsection 183UA(1)
Defines prohibited psychoactive substance and serious drug alternative
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.13
Prohibits the importation of psychoactive substances
Insert: prohibited psychoactive substance means...
Defines a class of substances based on their meaning in Part 9.2 of the Criminal Code
prohibited psychoactive substance means...
Defines a temporal interval for the importation of substances
Subsection 320.2(2) of the Criminal Code
Defines a recurring trace for the importation of substances
Subsection 320.3(3) of the Criminal Code
Prohibits the presentation of substances as serious drug alternatives
prohibited serious drug alternative means...
3 Subsection 183UA(1) (paragraph (a) of the definition of
Repeal of paragraph and substitution with new definition for forfeited goods
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.14
4 Section 205D (heading)
Repeal heading and substitute with new text.
205D Treatment of goods seized if a claim for return is made—
Treatment of goods seized if a claim for return is made—
5 After subsection 205D(1)
Exempts goods from section 5's application if they are suspected to be a prohibited psychoactive substance.
Imposes prohibition on the application of section 5 to goods suspected of being prohibited psychoactive substances.
Section 5 does not apply to goods seized on suspicion of being a prohibited psychoactive substance.
The application of section 5 is prohibited in relation to such goods.
Defines the temporal interval during which section 5 does not apply to goods seized on suspicion of being a prohibited psychoactive substance.
Section 5 does not apply to goods seized on suspicion of being a prohibited psychoactive substance after a certain point in time.
The application of section 5 is restricted to goods seized before a certain point in time.
Establishes a recurring trace of goods suspected of being prohibited psychoactive substances.
Goods suspected of being prohibited psychoactive substances are subject to repeated examination and monitoring.
The application of section 5 is subject to repeated examination and monitoring.
Spreads the prohibition on the application of section 5 to goods suspected of being prohibited psychoactive substances.
The prohibition on the application of section 5 is applied to all goods seized on suspicion of being a prohibited psychoactive substance.
The application of section 5 is spread to all goods seized on suspicion of being a prohibited psychoactive substance.
Represents the knowledge that section 5 does not apply to goods seized on suspicion of being a prohibited psychoactive substance.
The knowledge is represented that section 5 does not apply to goods seized on suspicion of being a prohibited psychoactive substance.
The application of section 5 is represented as exempt in relation to such goods.
6 At the end of section 205E
Exempts goods seized on suspicion of being a prohibited psychoactive substance from section 205E.
Prohibits the application of section 205E to goods seized on suspicion.
7 After section 205E
Insert Psychoactive substances Schedule 1
205EA Treatment of goods seized if a claim for return is made—
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.15
205EA(1) Treatment of goods seized if a claim for return is made—
Goods must be returned within 30 days of seizure notice.
205EA(2) Treatment of goods seized if a claim for return is made—
Return goods unless claimant institutes proceedings within 30 days after receiving notice.
(2) The authorised person who seized the goods must, subject to any law of the Commonwealth, a State or a Territory permitting their retention...
Claimant's actions affect CEO's obligation
(i) to recover the goods; or (ii) for a declaration that the goods are not forfeited.
CEO's decision affects claimant's rights
205EA(3) Treatment of goods seized if a claim for return is made—
Notice may be served on a person outside Australia.
205EA(4) Treatment of goods seized if a claim for return is made—
Goods are condemned as forfeited to the Crown if certain conditions are not met.
Goods are condemned as forfeited to the Crown.
205EA(5) Treatment of goods seized if a claim for return is made—
End of proceedings if appeal is lodged within the period.
(5) For the purposes of subsection (4), if the proceedings go to judgment, they end...
205EA(6) Treatment of goods seized if a claim for return is made—
Goods must be returned to the person reasonably believed to be their owner in a condition as near as practicable to when they were seized.
The goods must be returned within a reasonable time frame after they were seized
205EB Extending the period for instituting proceedings for recovery
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.16
205EB(1) Extending the period for instituting proceedings for recovery
A person may apply for an extension of the period to institute proceedings.
205EB(2) Extending the period for instituting proceedings for recovery
Magistrate may extend period for instituting proceedings for recovery
205EC Proceedings for recovery of suspected prohibited
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.17
205EC(1) Proceedings for recovery of suspected prohibited
Proceedings may be instituted or continued despite goods disposal or destruction.
205EC(2) Proceedings for recovery of suspected prohibited
Commonwealth bears the onus of proving that goods were imported.
205EC(3) Proceedings for recovery of suspected prohibited
Commonwealth must pay person if goods are disposed of or destroyed before proceedings end and would have been returned.
Obligation to pay person if goods are disposed of or destroyed before proceedings end and would have been returned.
the court must order the Commonwealth to pay the person an amount equal to the market value of the goods at the time they were disposed of or destroyed.
Goods were disposed of or destroyed before proceedings end and would have been returned.
the court decides that, apart from the disposal or destruction, it would have ordered that the goods be returned to a person.
Proceedings are ordered before goods are disposed of or destroyed.
If goods are disposed of or destroyed before proceedings end and would have been returned, then Commonwealth must pay person.
Classifies goods as subject to return if disposed of or destroyed before proceedings end and would have been returned.
8 Subsection 205F(1)
9 After subsection 206(2)
Goods must be dealt with in a manner considered appropriate by the CEO or Regional Director.
Imposes a prohibition on dealing with goods in a certain manner.
The CEO or Regional Director may cause the goods to be dealt with in such manner as he or she considers appropriate.
Goods must not be dealt with in any other manner.
Deals with the temporal interval of when the CEO or Regional Director may cause goods to be dealt with.
The CEO or Regional Director concerned may cause the goods to be dealt with in such manner as he or she considers appropriate (including the destruction of the goods).
The action must occur within a certain temporal interval.
Spreads the prohibition to all relevant parties.
The prohibition must spread to all relevant parties.
Implies a certain course of action for the CEO or Regional Director.
A certain course of action must be implied.
Recognizes the need for a certain course of action by the CEO or Regional Director.
10 Subsection 206(3)
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.18
11 Paragraph 206(5)(c)
Omit “or (2)”, substitute “, (2) or (2A)”.
Prohibits omitting “or (2)”, requiring substitution.
12 Subsections 206(6) and (7)
Substitute “, (2) or (2A)” for “or (2)”,
13 Section 208D
1 Section 360.1 of the Criminal Code (heading)
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.19
360 Section 360
Disposal and acquisition of a firearm or firearm part is prohibited.
Prohibits disposal and acquisition of a firearm or firearm part.
2 Subsection 360.1(1) of the Criminal Code
Insertion of 'or a firearm part' after 'firearm'
3 Paragraphs 360.1(1)(a), (b) and (c) of the Criminal Code
4 Subsection 360.1(2) of the Criminal Code
5 Paragraphs 360.1(2)(a), (b) and (c) of the Criminal Code
6 Section 360.2 of the Criminal Code (heading)
Prohibition on disposal or acquisition of a firearm or firearm part across borders
7 Subparagraphs 360.2(1)(b)(i) and (ii) of the Criminal Code
Insert 'or a firearm part' after 'a firearm'
8 Subsection 360.2(3) of the Criminal Code
Defines firearm part within the meaning of the firearm law concerned.
Classifies the excerpt as a descriptive clause.
9 Section 360.3 of the Criminal Code (heading)
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.20
Taking or sending a firearm or firearm part across borders is prohibited.
10 Paragraph 360.3(1)(a) of the Criminal Code
11 Paragraph 360.3(1)(b) of the Criminal Code
Insertion of 'or firearm part' after 'firearm'
12 Subparagraphs 360.3(1)(c)(i) and (ii) of the Criminal Code
13 Subsection 360.3(2) of the Criminal Code
Defines firearm part within the meaning of the firearm law.
Includes specific examples of firearm parts.
15 Section 360.4 of the Criminal Code
16 At the end of section 360.4 of the Criminal Code
16(2) At the end of section 360.4 of the Criminal Code
No law of a State or Territory can exclude or limit the concurrent operation of this Division.
No law can exclude or limit the concurrent operation of this Division.
This Division is not intended to exclude or limit the concurrent operation of a law of a State or Territory.
16(3) At the end of section 360.4 of the Criminal Code
Applicability of subsection (2) despite differences in law
Subsection (2) applies even if the law of the State or Territory does...
16(4) At the end of section 360.4 of the Criminal Code
Prohibition on punishing for same conduct in different sections
17 Application of amendments
Amendments apply in relation to conduct engaged in on or after commencement.
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.21
18 At the end of Part 9.4 of the Criminal Code
361 Section 361
Trafficking in firearms or firearm parts is prohibited.
Prohibits trafficking in firearms or firearm parts.
Classifies the act of trafficking as a crime.
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.22
361(1) Section 361
Importing a firearm or part with intent to traffic is prohibited.
Prohibits importing a firearm or part with intent to traffic.
(1) A person commits an offence if: (a) the person imports a thing; and (b) the thing is a firearm or firearm part; and (c) the person imports the firearm or part with the intention of trafficking in the firearm or part; and (d) importing the firearm or part was prohibited under the Customs Act 1901 absolutely.
(d) importing the firearm or part was prohibited under the Customs Act 1901 absolutely.
Defines a temporal interval for prohibiting imports of firearms or parts.
Defines a recurring trace for prohibiting imports of firearms or parts.
Defines a diffusive effect for prohibiting imports of firearms or parts.
Classifies imports of firearms or parts as prohibited using AI.
361(2) Section 361
Customs Act prohibits imports if requirements not met
361(3) Section 361
Importing a firearm or part with intent to traffic is prohibited unless certain requirements are met.
(a) the person imports a thing; and (b) the thing is a firearm or firearm part; and...
...and importing the firearm or part was prohibited under the Customs Act 1901 unless certain requirements were met;
Defines a temporal interval for prohibiting imports.
Defines a recurring trace for prohibiting imports.
Diffuses prohibition to imports of firearms or parts.
Involves cognitive processes in prohibiting imports.
361(4) Section 361
Absolute liability applies to paragraph (3)(d)
361(5) Section 361
Strict liability applies to paragraph (3)(e)
(5) Strict liability applies to paragraph (3)(e)
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.23
Exporting a firearm or part with the intention of trafficking is prohibited.
Prohibits exporting a firearm or part with the intention of trafficking.
(1) A person commits an offence if: (a) the person exports a thing, or enters a thing for export from Australia; and (b) the thing is a firearm or firearm part; and (c) the person exports, or enters for export, the firearm or part with the intention of trafficking in the firearm or part; and (d) exporting the firearm or part was prohibited under the Customs Act 1901 absolutely.
The prohibition applies during the act of exporting.
(a) the person exports a thing, or enters a thing for export from Australia;
The prohibition is recurring and applies to each act of exporting.
(d) exporting the firearm or part was prohibited under the Customs Act 1901 absolutely.
Export prohibited if requirements not met
Exporting a firearm or part without meeting requirements is prohibited.
Prohibits exporting a firearm or part without meeting requirements.
(3) A person commits an offence if: ComLaw Authoritative Act C2015A00012 ...
Defines the temporal interval for exporting a firearm or part without meeting requirements.
Defines the recurring trace for exporting a firearm or part without meeting requirements.
Diffuses the prohibition on exporting a firearm or part without meeting requirements.
Recognizes the prohibition on exporting a firearm or part without meeting requirements.
Entering a firearm or part for export with the intention of trafficking is prohibited.
Prohibits entering a firearm or part for export with the intention of trafficking.
(4) A person commits an offence if: (a) the person enters a thing for export from Australia; and (b) the thing is a firearm or firearm part; and (c) the person enters the firearm or part for export with the intention of trafficking in the firearm or part; and (d) entering the firearm or part for export was prohibited under the Customs Act 1901 unless certain requirements were met; and (e) the person fails to meet any of those requirements.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.
Absolute liability applies to paragraphs (3)(d) and (4)(d).
361(6) Section 361
Strict liability applies to paragraphs (3)(e) and (4)(e)
(6) Strict liability applies to paragraphs (3)(e) and (4)(e)
Defence: reasonable belief that conduct is justified or excused by law
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.24
A person was under a mistaken but reasonable belief
The conduct constituting the offence occurred at a time within an interval
Prohibition on double jeopardy for similar offenses
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.25
19 Subsection 183UA(1) (paragraph (c) of the definition of
Inserts section number 361 after section 307
20 Subsection 183UA(2A)
21 Paragraph 183UA(3)(b)
22 Subparagraph 210(1)(a)(iv)
23 Subsection 233BAB(7)
Exempts punishment for certain conduct from other offences.
1 Subsection 4(1)
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.27
Classifies non-Tribunal offences as a subclass of offences
2 Subsection 4(1) (definition of sentence of imprisonment)
Defines a concept in the context of imprisonment
3 Subsection 4(1)
References other subsections for definitions of 'serving' and 'suspended part'.
4 After section 4A
Insert Schedule 3 International transfer of prisoners
4B Suspended sentences of imprisonment
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.28
4B(1) Suspended sentences of imprisonment
A person serving a sentence of imprisonment is subject to the period of the sentence.
4B(2) Suspended sentences of imprisonment
Deprivation of liberty during suspended sentence
(a) involves a potential deprivation of liberty
(2) The suspended part of a sentence of imprisonment is so much of the period of the sentence of imprisonment as...
(b) is not a period of release on parole
5 Paragraph 14(1)(c)
6 Paragraph 15(1)(c)
7 Paragraph 15(4)(b)
8 Subsection 22(3)
Omit specific phrase from definition of prisoner
9 After subsection 22(4)
Specifies conditions and procedures for prisoner transfer
10 After paragraph 27(5)(b)
Obligation on a state to provide recommended terms or conditions for prisoners serving suspended sentences.
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.29
State obligation to provide recommended terms or conditions.
11 Subsection 30(3)
12 Subsection 30(4)
Specify procedures for prisoner transfer to Australia upon release or completion of suspended sentence.
13 Subsection 46(3)
13(3) Subsection 46(3)
Detention obligation for transferred prisoners
Imposes an obligation on the State to detain transferred prisoners
(3) A prisoner who is transferred to Australia under this Act while serving a sentence of imprisonment...
...may be detained in a prison or hospital or other place in a State or Territory.
Describes the temporal relationship between imprisonment and detention
(other than the suspended part of the sentence) that is:
...while serving a sentence of imprisonment...
Describes the relationship between transfer and detention
(a) imposed by a transfer country; and (b) enforced under this Act;
Describes the reasoning behind detention obligations
13(3A) Subsection 46(3)
Temporal interval: transfer to Australia -> supervision in a State or Territory
may be supervised in a State or Territory
Implication of transfer to Australia on supervision
14 After paragraph 46(5)(b)
Serving suspended part of a sentence of imprisonment
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.30
15 Subsection 4(1)
Defines child, parent, and close family member for the purposes of this Act.
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.31
The definition of child includes the meaning from the Family Law Act 1975
This definition creates a temporal interval relation between the two acts
The definition of child is clear and specific
This definition prevents ambiguity in the application of this Act
16 Paragraphs 4(4)(b) and (c)
Repeal paragraphs and substitute with a new condition
Prohibits the principal place of residence of a close family member from being in the transfer country
17 Paragraphs 4(5)(b) and (c)
Prohibits the principal place of residence of a close family member from being in that State or Territory
18 After section 4
4AA Close family member
19 Subsection 6(2)
Consent required for prisoner's transfer under certain conditions.
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.32
The prisoner's representative may consent to the transfer.
Permission granted for transfer under certain conditions.
The prisoner is not an adult; or The prisoner is incapable of consenting to the transfer.
Consent required for transfer under certain conditions.
The prisoner's representative may consent to the transfer under this Act if...
Transfer permitted under certain conditions.
Diffusion of information about eligible individuals
(a) The prisoner is not an adult; or (b) The prisoner is incapable of consenting to the transfer.
The prisoner's close family member, or legal representative, may consent to the transfer under this Act if...
Recognition of eligible individuals for transfer
20 Subsection 6(7) (definition of child)
21 Subsection 4(1) (definition of joint prisoner)
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.33
22 After section 10
10A Decisions by the Attorney-General about transfers
10A(1) Decisions by the Attorney-General about transfers
The Attorney-General need not take steps for making certain decisions about prisoner transfers.
The Attorney-General need not take steps.
10A(2) Decisions by the Attorney-General about transfers
The Attorney-General need not take steps for making a decision about prisoner transfer if an earlier application has been made.
23 Paragraph 14(1)(b)
Insertion of phrase after specific words in a provision.
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.34
24 Paragraph 14(1)(c)
Replace 'request for transfer' with 'application'
25 Paragraph 14(2)(b)
26 Paragraph 14(2)(c)
27 Paragraph 15(1)(b)
28 Paragraph 15(1)(c)
29 Paragraph 15(2)(b)
Insertion of phrase after specific condition
30 Paragraph 15(2)(c)
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.35
31 Section 16
Substitute approved form for regulation-prescribed method.
32 At the end of section 16
No action required if certain requirements are not met or it's less than 12 months since an earlier application.
33 Sections 17, 18 and 19
Repeal sections and substitute with new ones.
17 Copies of applications to be given to State and Territory
17(1) Copies of applications to be given to State and Territory
Must provide copies of applications to State and Territory Ministers
17(2) Copies of applications to be given to State and Territory
Request Attorney-General to obtain information from transfer country.
18 Asking the transfer country to consent to the transfer
The Attorney-General must ask the transfer country to consent to the transfer of a prisoner.
34 Subsection 20(3)
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.36
34(3) Subsection 20(3)
The Attorney-General must decide whether to consent to the transfer of a prisoner.
34(4) Subsection 20(3)
The Attorney-General must notify the transfer country of his or her decision.
34(5) Subsection 20(3)
Attorney-General may state that consent may be given if transfer country agrees to variation of terms.
35 Section 24
36 Section 24
37 Section 24
Substitute 'a transfer country' for 'that country'
38 At the end of section 24
The Attorney-General need not take steps to decide a request if certain requirements are not met or it is less than 12 months since an earlier request was not proceeded with.
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.37
The Attorney-General must decide the request.
The Attorney-General need not take steps if certain requirements are not met or it is less than 12 months since an earlier request was not proceeded with.
The Attorney-General may decide the request if certain requirements are met or it is more than 12 months since an earlier request was not proceeded with.
Temporal overlap between the Attorney-General's decision and the request deadline
The request may be made by the transfer country, the prisoner or the prisoner’s representative.
The Attorney-General need not take steps if it is less than 12 months since an earlier request was not proceeded with.
Temporal until condition for the Attorney-General's decision-making process
The Attorney-General must decide the request if certain requirements are met or it is more than 12 months since an earlier request was not proceeded with.
39 Section 28
Repeal section and substitute with new provision
28 Transfer country’s consent to transfer
28(1) Transfer country’s consent to transfer
The Attorney-General must notify the transfer country and ask for its consent to transfer.
The transfer country is asked for its consent.
Transfer is contingent on the transfer country's consent.
28(2) Transfer country’s consent to transfer
Consent in writing from State and Territory Ministers is required for transfer on those terms.
Requires consent in writing from State and Territory Ministers.
40 Section 52
52 Prisoner and prisoner’s representative to be kept informed
The Attorney-General must inform a prisoner or their representative of certain requests.
Information about the progress of applications and requests
41 At the end of section 53
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.38
42 Application of amendments
Amendments apply in relation to applications under section 16 of the International Transfer of Prisoners Act 1997, or requests under section 24.
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.39
43 Transitional—saving current prescribed forms
Transitional provision for saving current prescribed forms
1 At the end of Subdivision B of Division 270 of the Criminal
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.40
270 Section 270
Prohibition on slavery offences within geographical jurisdiction
270(1) Section 270
No proceedings for an offence against section 270.3 can take place outside Australia without consent from the Attorney-General.
Prohibits proceedings outside Australia without consent.
270(2) Section 270
No further step in proceedings can be taken until consent is given.
Obligation to provide consent before proceeding.
270(3) Section 270
Discharge of the accused is allowed if proceedings are not continued within a reasonable time.
Proceedings must be continued within a reasonable time
Proceedings must overlap with a reasonable time interval
(2) does not prevent discharge if proceedings are not continued within a reasonable time
Discharge of the accused is eventually allowed if proceedings are not continued within a reasonable time
Discharge of the accused is permitted if proceedings are not continued within a reasonable time
2 Application of amendment
Amendment applies to offences committed on or after commencement.
1 Definitions
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.41
2 Validating airport investigations
3 Compensation for acquisition of property
Compensation for acquisition of property on just terms
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.42
1A Section 5 (after paragraph (s) of the definition of
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.43
1B Section 5 (paragraph (t) of the definition of designated
Repeal and substitute with the Crime and Corruption Commission of Queensland.
1C After paragraph 122(3)(g)
Disclosure of information relating to a communication under section 43 or 45 for the purposes of, or in connection with, the performance of the entrusted investigating official’s duties.
1D After subsection 122(3)
Disclosure of certain information for investigating officials' duties
Requires disclosure of certain information
Subclass of entrusted investigating official's duties
Performance of an entrusted investigating official's duties
Disclosure for the purposes of, or in connection with, the performance of an entrusted investigating official's duties
Disclosure of a kind mentioned in subsection 355-50(2) in Schedule 1 to the Taxation Administration Act 1953
Diffuses information about other disclosures
Recognizes the disclosure as part of an investigation
1E Application of amendments
Amendments apply to disclosures of information on or after commencement.
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.44
1 Section 301.11 of the Criminal Code (table item 3, column
Omit 'commercial' and substitute 'marketable'
2 Paragraph 312.1(1)(b) of the Criminal Code
3 Paragraph 312.1(3)(b) of the Criminal Code
4 Paragraph 312.2(4)(b) of the Criminal Code
5 Paragraph 312.2(5)(b) of the Criminal Code
6 Subsection 205E(2)
7 Paragraph 205E(2)(a)
Insertion of phrase before certain retention clause.
8 Paragraph 205E(2)(b)
crimes-legislation-amendment-psychoactive-substances-and-other-measures-act-2015.pdf, p.45
9 Subsection 3(1) (definition of FTR information)
10 Sections 18 and 19
11 Paragraph 20(1)(b)
Prohibits omission of semicolon and substitution of period.
12 Subsection 20(1)
13 Paragraph 29(3)(a)
14 Paragraph 29(3)(b)
Omit “, statement” (wherever occurring).
15 Section 42
16 Subsection 6(1) (paragraph (c) of the definition of relevant
Omit “or 18” from the definition of relevant offence.