Document ID: chunk:federal_register_of_legislation:C2012A00167:clause:1_16:p2
Version: federal_register_of_legislation:C2012A00167
Segment Type: clause
Provision Reference: sch 1 cl 16 (pt 2/4)
Character Range: 10979–13712

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 growing plant, that is:
 (a) listed by a regulation as a border controlled drug; or
 (b) a drug analogue of a listed border controlled drug; or
 (c) determined by the Minister as a border controlled drug under section 301.13 (which deals with emergency determinations of serious drugs).
Note 1: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (a) (see section 301.7); or
(b) a determination can be made for paragraph (c) (see subsection 301.8(2)).
Note 2: For the meaning of drug analogue, see section 301.9.

301.5  Meaning of border controlled plant
  For the purposes of this Part, a border controlled plant is a growing plant:
 (a) listed by a regulation as a border controlled plant; or
 (b) determined by the Minister as a border 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 (a) (see section 301.7); or
(b) a determination can be made for paragraph (b) (see subsection 301.13(2)).

301.6  Meaning of border controlled precursor
 (1) For the purposes of this Part, a border controlled precursor is a substance (including a growing plant) that is:
 (a) listed by a regulation as a border controlled precursor; or
 (b) a salt or ester of a precursor that is so listed; or
 (c) an immediate precursor of a precursor that is so listed; or
 (d) determined by the Minister as a border 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 (d) (see subsection 301.14(2)).
 (2) In this section:
immediate precursor of a precursor listed for the purposes of paragraph (1)(a) means a chemical or compound (other than another precursor that is so listed) that is an immediate precursor in the manufacture by a chemical process of the listed precursor.

301.7  Serious drugs—conditions for listing by regulation
  Before a regulation is made listing a substance or plant as a serious drug for the purposes of this Part, the Minister must be satisfied that:
 (a) the substance or plant is likely to be taken without appropriate medical supervision; and
 (b) one or more of the following conditions is met:
 (i) taking the substance or plant would create a risk of death or serious harm;
 (ii)