Document ID: chunk:federal_register_of_legislation:C2012A00167:clause:1_16:p1
Version: federal_register_of_legislation:C2012A00167
Segment Type: clause
Provision Reference: sch 1 cl 16 (pt 1/4)
Character Range: 8454–11219

16  Division 301 of the Criminal Code
Repeal the Division, substitute:

Division 301—Serious drugs and precursors

Subdivision A—Serious drugs and precursors: definitions

301.1  Meaning of controlled drug
 (1) For the purposes of this Part, a controlled drug is a substance, other than a growing plant, that is:
 (a) listed by a regulation as a controlled drug; or
 (b) a drug analogue of a listed controlled drug; or
 (c) determined by the Minister as a controlled drug under section 301.13 (which deals with emergency determinations of serious drugs).
Note: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (1)(a) (see section 301.7); or
(b) a determination can be made for paragraph (1)(c) (see subsection 301.13(2)).
 (2) The purpose of subsection (1) is to permit certain substances that are covered by the TINDAPS Convention, or drug analogues of such substances, to be treated as controlled drugs for the purposes of this Part (see also section 300.1).
Note: For the meaning of drug analogue, see section 301.9.

301.2  Meaning of controlled plant
 (1) For the purposes of this Part, a controlled plant is a growing plant that is:
 (a) listed by a regulation as a controlled plant; or
 (b) determined by the Minister as a controlled plant under section 301.13 (which deals with emergency determinations of serious drugs).
Note: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (1)(a) (see section 301.7); or
(b) a determination can be made for paragraph (1)(b) (see subsection 301.13(2)).
 (2) The purpose of subsection (1) is to permit growing plants that are covered by the TINDAPS Convention to be treated as controlled plants for the purposes of this Part (see also section 300.1).

301.3  Meaning of controlled precursor
 (1) For the purposes of this Part, a controlled precursor is a substance (including a growing plant) that is:
 (a) listed by a regulation as a controlled precursor; or
 (b) a salt or ester of a controlled precursor that is so listed; or
 (c) determined by the Minister as a controlled precursor under section 301.14 (which deals with emergency determinations of serious drug precursors).
Note: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (a) (see section 301.8); or
(b) a determination can be made for paragraph (c) (see subsection 301.14(2)).
 (2) The purpose of subsection (1) is to permit certain substances that are covered by the TINDAPS Convention, or salts or esters of such substances, to be treated as controlled precursors for the purposes of this Part (see also section 300.1).

301.4  Meaning of border controlled drug
  For the purposes of this Part, a border controlled drug is a substance, other than a