Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p5
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 5/42)
Character Range: 16595–19469

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 particular controlled drug or controlled plant;
for a period that exceeds, or for periods that in total exceed, 12 months.

 (3) If:
 (a) there is no commercial, marketable or trafficable quantity specified in section 314.1 for a substance listed or described as a controlled drug in that section; or
 (b) there is no commercial, marketable or trafficable quantity specified in section 314.2 for a substance listed or described as a controlled plant in that section; or
 (c) there is no commercial or marketable quantity specified in section 314.3 for a substance listed or described as a controlled precursor in that section;
regulations under subsection (1) may prescribe such a quantity of the drug, plant or precursor.

 (4) The regulations may prescribe a quantity of a border controlled drug, border controlled plant or border controlled precursor as a commercial or marketable quantity of the drug, plant or precursor.

 (5) However, the regulations must not prescribe:
 (a) a commercial quantity of a particular border controlled drug, border controlled plant or border controlled precursor; or
 (b) a marketable quantity of a particular border controlled drug, border controlled plant or border controlled precursor;
for a period that exceeds, or for periods that in total exceed, 12 months.

 (6) If:
 (a) there is no commercial or marketable quantity specified in section 314.4 for a substance listed or described as a border controlled drug in that section; or
 (b) there is no commercial or marketable quantity specified in section 314.5 for a substance listed or described as a border controlled plant in that section; or
 (c) there is no commercial or marketable quantity specified in section 314.6 for a substance listed or described as a border controlled precursor in that section;
regulations under subsection (4) may prescribe such a quantity of the drug, plant or precursor.

Subdivision B—Emergency determinations

301.6  Emergency determinations—controlled drugs and controlled plants

 (1) The Minister may, by legislative instrument, determine that:
 (a) a substance, other than a growing plant, is a controlled drug; or
 (b) a growing plant is a controlled plant.

 (2) The Minister must not make a determination under subsection (1) unless he or she is satisfied:
 (a) 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; and
 (b) that there is