Document ID: chunk:federal_register_of_legislation:C2012A00167:clause:1_2:p2
Version: federal_register_of_legislation:C2012A00167
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 2/2)
Character Range: 26085–28513

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 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 Legislative Instruments 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 Minister may, by legislative instrument, extend the period during which the determination is in force by a further period or periods.
 (3) The Minister must not extend the period under subsection (2) with the effect that the determination would stay in force for longer than 18 months after the time the determination is registered (within the meaning of the Legislative Instruments Act 2003).
 (4) A determination made under this Subdivision has no effect to the extent that it is inconsistent with a regulation made for the purposes of Subdivision A.

301.17  Emergency determinations—publication
 (1) The Minister must, on or before the day on which a determination under this Subdivision is registered (within the meaning of the Legislative Instruments Act 2003):
 (a) make a public announcement of the determination; and
 (b) cause a copy of the announcement to be published:
 (i) on the internet; and
 (ii) in a newspaper circulating in each State, the Australian Capital Territory and the Northern Territory.
 (2) An announcement made under subsection (1) is not a legislative instrument.