Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p3
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 3/42)
Character Range: 11457–14257

offence against this Part.

300.4  Concurrent operation intended

 (1) This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

 (2) Without limiting subsection (1), this Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:
 (a) an act or omission that is an offence against a provision of this Part; or
 (b) a similar act or omission;
an offence against the law of the State or Territory.

 (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following:
 (a) provides for a penalty for the offence that differs from the penalty provided for in this Part;
 (b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Part;
 (c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.

300.5  Particular identity of drugs, plants and precursors

  If, in a prosecution for an offence against this Part, it is necessary for the prosecution to prove that a person knew, or was reckless as to whether, a substance or plant was a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor, it is not necessary for the prosecution to prove that the person knew, or was reckless as to, the particular identity of the controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor.

Division 301—Listing additional drugs, plants and precursors

Subdivision A—Interim regulations

301.1  Interim regulations—controlled drugs and controlled plants

 (1) The regulations may prescribe:
 (a) a substance, other than a growing plant, as a controlled drug; or
 (b) a growing plant as a controlled plant;
if the conditions set out in subsection (2) are met.

 (2) The conditions are as follows:
 (a) the Minister must be satisfied that taking the substance or plant concerned:
 (i) would create a substantial risk of death or serious harm; or
 (ii) would have a physical or mental effect substantially similar to that caused by taking a substance or plant already listed or described in section 314.1 or 314.2;
 (b) the Minister must be satisfied that there is a substantial risk that the substance or plant will be taken without appropriate medical supervision.

 (3) However, the regulations must not prescribe a particular substance or plant under this section for a period that exceeds, or for periods that in total exceed, 12 months.

301.2  Interim regulations—controlled precursors

 (1) The regulations may prescribe a substance (including a growing plant)