Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p2
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/42)
Character Range: 8741–11703

described as a controlled plant in section 314.2; or
 (b) prescribed by regulations under paragraph 301.1(1)(b); or
 (c) specified in a determination under paragraph 301.6(1)(b).

controlled precursor means a substance (including a growing plant):
 (a) listed or described as a controlled precursor in section 314.3; or
 (b) prescribed by regulations under subsection 301.2(1); or
 (c) specified in a determination under subsection 301.7(1).

cultivate has the meaning given by subsection 303.1(1).

cultivates a plant has the meaning given by subsection 303.1(2).

cultivates a plant for a commercial purpose has the meaning given by section 303.3.

export includes take from Australia.

import includes bring into Australia.

manufacture has the meaning given by subsection 305.1(1).

manufactures a substance has the meaning given by subsection 305.1(2).

manufactures a substance for a commercial purpose has the meaning given by section 305.2.

marketable quantity, in relation to a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor means a quantity not less than the quantity specified as a marketable quantity of the drug, plant or precursor in:
 (a) Division 314; or
 (b) regulations under section 301.5; or
 (c) a determination under section 301.10.

possession of a thing includes the following:
 (a) receiving or obtaining possession of the thing;
 (b) having control over the disposition of the thing (whether or not the thing is in the custody of the person);
 (c) having joint possession of the thing.

pre‑traffics has the meaning given by section 306.1.

procures an individual to pre‑traffic has the meaning given by section 309.9.

procures an individual to traffic has the meaning given by section 309.6.

product of a plant has the meaning given by section 303.2.

requisite fraction has the meaning given by subsection 312.2(3).

sell includes the following:
 (a) barter or exchange;
 (b) agree to sell.

supply includes the following:
 (a) supply, whether or not by way of sale;
 (b) agree to supply.

taking, in relation to a substance or plant, means taking the substance or plant, or a product of the plant, into the body.

trafficable quantity, in relation to a controlled drug or controlled plant, means a quantity not less than the quantity specified as a trafficable quantity of the drug or plant in:
 (a) Division 314; or
 (b) regulations under section 301.5; or
 (c) a determination under section 301.10.

traffics has the meaning given by section 302.1.

transport includes deliver.

300.3  Geographical jurisdiction

  Section 15.2 (extended geographical jurisdiction—category B) applies to each offence against this Part.

300.4  Concurrent operation intended

 (1) This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

 (2) Without limiting subsection (1), this Part is not intended to