Australian Capital Territory Consolidated Regulations

CRIMINAL CODE REGULATION 2005 - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following term:

              •     for.

Note 3     Terms used in this regulation have the same meaning that they have in the Criminal Code (see Legislation Act, s 148). For example, the following term is defined in the Criminal Code, dict:

              •     cannabis (see s 600).

"Code" means the Criminal Code.

"derivative" means a substance or compound made from another substance or compound.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Criminal Code Regulation 2005 SL2005-2

notified LR 4 March 2005
s 1, s 2 commenced 4 March 2005 (LA s 75 (1))
sch 1 pt 1.1 item 39 commenced 1 May 2005 (s 2 (2))
remainder commenced 6 March 2005 (s 2 (1) and see Criminal Code (Serious Drug Offences) Amendment Act 2004 A2004-56 s 2 and LA s 79)

as amended by

Criminal Code Amendment Regulation 2007 (No 1) SL2007-7

notified LR 3 May 2007

s 1, s 2 commenced 3 May 2007 (LA s 75 (1))

remainder commenced 4 May 2007 (s 2)

Justice and Community Safety Legislation Amendment Act 2007 A2007-22 sch 1 pt 1.7

notified LR 5 September 2007

s 1, s 2 commenced 5 September 2007 (LA s 75 (1))

sch 1 pt 1.7 commenced 6 September 2007 (s 2)

Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.7

notified LR 14 August 2008

s 1, s 2 commenced 14 August 2008 (LA s 75 (1))

sch 2 pt 2.7 commenced 14 February 2009 (s 2 and LA s 79)

Criminal Code Amendment Regulation 2008 (No 1) SL2008-56

notified LR 22 December 2008

s 1, s 2 commenced 22 December 2008 (LA s 75 (1))

remainder commenced 23 December 2008 (s 2)

Criminal Code Amendment Regulation 2009 (No 1) SL2009-25

notified LR 1 June 2009

s 1, s 2 commenced 1 June 2009 (LA s 75 (1))

remainder commenced 2 June 2009 (s 2)

Crimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.7

notified LR 3 September 2009

s 1, s 2 commenced 3 September 2009 (LA s 75 (1))

sch 1 pt 1.7 commenced 4 September 2009 (s 2)

Criminal Code Amendment Regulation 2010 (No 1) SL2010-41

notified LR 25 October 2010

s 1, s 2 commenced 25 October 2010 (LA s 75 (1))

remainder commenced 26 October 2010 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Definitions––Code, s 10 (1), def default application date
s 4A     ins SL2007-7 s 4
    om A2007-22 amdt 1.25
    ins SL2009-25 s 4
    om A2009-24 amdt 1.19

Controlled drugs—Code, s 600, def controlled drug
s 5     am A2008-26 amdt 2.16
    sub SL2010-41 s 4

Controlled plants—Code, s 600, def controlled plant
s 6     am A2008-26 amdt 2.16

Controlled precursors—Code, s 600, def controlled precursor
s 7     am A2008-26 amdt 2.16
    sub SL2010-41 s 5

Quantities of controlled drugs, plants and precursors—Code, s 601 (1)
s 8     am A2008-26 amdt 2.16; SL2010-41 s 6, s 7

Quantities of controlled drugs in mixtures—Code, s 601 (2)
s 9     am A2008-26 amdt 2.16

Controlled drugs
sch 1     am A2008-26 amdt 2.17

Controlled medicines
sch 1 pt 1.1 hdg     sub A2008-26 amdt 2.18

Prohibited substances
sch 1 pt 1.2     am SL2010-41 ss 8-10; items renum R9 LA

Controlled precursors
sch 3     am SL2008-56 s 4
    sub SL2010-41 s 11

Dictionary
dict     def associated drug om SL2010-41 s 12
    def derivative ins SL2010-41 s 13
    def related drug om SL2010-41 s 14

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 6 Mar 2005	6 Mar 2005– 30 Apr 2005	not amended	new regulation
R2 1 May 2005	1 May 2005– 3 May 2007	not amended	commenced provision
R3 4 May 2007	4 May 2007– 5 Sept 2007	SL2007-7	amendments by SL2007-7
R4 6 Sept 2007	6 Sept 2007– 22 Dec 2008	A2007-22	amendments by A2007-22
R5 23 Dec 2008	23 Dec 2008– 13 Feb 2009	SL2008-56	amendments by SL2008-56
R6 14 Feb 2009	14 Feb 2009– 1 June 2009	SL2008-56	amendments by A2008-26
R7 2 June 2009	2 June 2009– 3 Sept 2009	SL2009-25	amendments by SL2009-25
R8 4 Sept 2009	4 Sept 2009– 25 Oct 2010	A2009-24	amendments by A2009-24

© Australian Capital Territory 2010

Australian Capital Territory

SL2005-2

Republication No 9

Effective: 26 October 2010

Republication date: 26 October 2010

Last amendment made by SL2010-41




Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Criminal Code Regulation 2005

, made under the Criminal Code 2002

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 October 2010

. It also includes any commencement, amendment, repeal or expiry affecting the republished law to 26 October 2010

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Criminal Code Regulation 2005

Endnotes

Australian Capital Territory

Criminal Code Regulation 2005