Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p2
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 2/169)
Character Range: 1192428–1195333

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 controlled precursor or a border controlled precursor.
 (1A) However:
 (a) a determination made under subsection (1) may provide that a determined border controlled precursor is taken, for the purposes of this Part, to be a border controlled precursor only in relation to particular offences against this Part, or particular elements of those offences; and
 (b) if such a determination so provides, then the determined border controlled precursor is taken, for the purposes of this Part, to be a border controlled precursor 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 that there is an imminent and substantial risk that the substance will be used to unlawfully manufacture a controlled drug.
 (3) The AFP Minister must not make more than one determination under this section in relation to a particular substance or plant.

301.15  Emergency determinations—commercial, marketable and trafficable quantities
 (1) The AFP Minister may, by legislative instrument, determine:
 (a) a quantity of a serious drug as a commercial or marketable quantity of the drug; or
 (b) a quantity of a controlled drug or a controlled plant as a trafficable quantity of the drug or plant; or
 (c) a quantity of a controlled precursor or a border controlled precursor as a commercial or marketable quantity of the precursor.
 (2) However, the AFP Minister may only make a determination of a commercial, marketable or trafficable quantity of a serious drug, controlled precursor or border controlled precursor under subsection (1) if there is no regulation currently in force listing such a quantity of the drug or precursor.
Note: The definitions of commercial quantity, marketable quantity and trafficable quantity in Subdivision B allow for regulations to list such quantities of serious drugs and precursors.

301.16  Emergency determinations—effectiveness
 (1) A determination under this Subdivision in relation to a substance (including a growing plant) or a quantity of such a substance has effect:
 (a) from the time the determination is registered (within the meaning of the Legislation Act 2003); and
 (b) for the period of 12 months from that registration, or such shorter period as is specified in the determination, as extended (if at all) under subsection (2).
 (2) If exceptional circumstances prevent the listing (by regulation) of the substance or quantity, to the same effect, the AFP Minister may, by legislative instrument, extend the period during which the determination is in force by