Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p4
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 4/42)
Character Range: 13986–16869

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) as a controlled precursor if the condition set out in subsection (2) is met.

 (2) The condition is that the Minister must be satisfied that there is a substantial risk that the substance concerned will be used to unlawfully manufacture a controlled drug.

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

301.3  Interim regulations—border controlled drugs and border controlled plants

 (1) The regulations may prescribe:
 (a) a substance, other than a growing plant, as a border controlled drug; or
 (b) a growing plant as a border 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 314.4 or 314.5;
 (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.

301.4  Interim regulations—border controlled precursors

 (1) The regulations may prescribe a substance (including a growing plant) as a border controlled precursor if the condition set out in subsection (2) is met.

 (2) The condition is that the Minister must be satisfied that there is a substantial risk that the substance concerned will be used to unlawfully manufacture a controlled drug.

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

301.5  Interim regulations—commercial, marketable and trafficable quantities

 (1) The regulations may prescribe:
 (a) a quantity of a controlled drug or controlled plant as a commercial, marketable or trafficable quantity of the drug or plant; or
 (b) a quantity of a controlled precursor as a commercial or marketable quantity of the precursor.

 (2) However, the regulations must not prescribe:
 (a) a commercial quantity of a particular controlled drug, controlled plant or controlled precursor; or
 (b) a marketable quantity of a particular controlled drug, controlled plant or controlled precursor; or
 (c) a trafficable quantity of a