Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p1
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 1/169)
Character Range: 1189651–1192703

2                                                      A drug analogue of 1 or more listed controlled drugs                  Either:
                                                                                                                             (a) for a drug analogue of a single listed controlled drug—the trafficable quantity of the listed drug; or
                                                                                                                             (b) for a drug analogue of 2 or more listed controlled drugs—the smallest trafficable quantity of any of the listed drugs.

Note: A drug analogue of a listed controlled drug is itself a controlled drug (see paragraph 301.1(b) and the definition of drug analogue in section 301.9).

Subdivision C—Serious drugs and precursors: emergency determinations

301.13  Emergency determinations—serious drugs
 (1) The AFP Minister may, by legislative instrument, determine that:
 (a) a substance, other than a growing plant, is a controlled drug or a border controlled drug; or
 (b) a growing plant is a controlled plant or a border controlled plant.
 (1A) However:
 (a) a determination made under subsection (1) may provide that:
 (i) a determined border controlled drug is taken, for the purposes of this Part, to be a border controlled drug; or
 (ii) a determined border controlled plant is taken, for the purposes of this Part, to be a border controlled plant;
   only in relation to particular offences against this Part, or particular elements of those offences; and
 (b) if such a determination so provides, then:
 (i) the determined border controlled drug is taken, for the purposes of this Part, to be a border controlled drug; or
 (ii) the determined border controlled plant is taken, for the purposes of this Part, to be a border controlled plant;
  only in relation to those offences or elements.

Conditions on making a determination
 (2) The AFP Minister must not make a determination under subsection (1) unless he or she is satisfied:
 (a) that there is an imminent and substantial risk that the substance or plant will be taken without appropriate medical supervision; and
 (b) one or more of the following conditions is met:
 (i) taking the substance or plant may create a risk of death or serious harm;
 (ii) taking the substance or plant may have a physical or mental effect substantially similar to that caused by taking a listed serious drug;
 (iii) there is limited or no known lawful use of the substance or plant in Australia, and the substance or plant has been found by a public official in the course of the performance of the official's duties;
 (iv) the substance or plant may pose a substantial risk to the health or safety of the public.
 (3) The AFP Minister must not make more than one determination under this section in relation to a particular substance or plant.

301.14  Emergency determinations—serious drug precursors
 (1) The AFP Minister may, by legislative instrument, determine that a substance (including a growing plant) is a