Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p7
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 7/42)
Character Range: 21938–24821

for emergency determinations.

301.10  Emergency determinations—commercial, marketable and trafficable quantities

 (1) The Minister may, by legislative instrument, determine that:
 (a) a quantity of a controlled drug or controlled plant is a commercial, marketable or trafficable quantity of the drug or plant; or
 (b) a quantity of a controlled precursor is a commercial or marketable quantity of the precursor.

 (2) 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;
the Minister may, under subsection (1), determine such a quantity of the drug, plant or precursor.

 (3) The Minister may, by legislative instrument, determine that a quantity of a border controlled drug, border controlled plant or border controlled precursor is a commercial or marketable quantity of the drug, plant or precursor.

 (4) 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;
the Minister may, under subsection (3), determine such a quantity of the drug, plant or precursor.

Note: Sections 301.11 and 301.12 set out general rules for emergency determinations.

301.11  General rules—period of effect, publication etc.

 (1) A determination under this Subdivision has effect:
 (a) from the time it is registered (within the meaning of the Legislative Instruments Act 2003); and
 (b) for the period of 28 days from that registration or such shorter period as is specified in the determination.

 (2) However, despite paragraph (1)(b), if:
 (a) the Minister has made a determination under this Subdivision; and
 (b) exceptional circumstances have prevented the making of regulations to the same effect;
the Minister may, by legislative instrument, extend the period during which the determination is in force by no more than 28 days.

 (3) The Minister must not make more than one determination under sections 301.6 to 301.9 in relation to a particular substance or plant.

 (4) If the Minister makes a determination under this Subdivision, the Minister must, on or before the day on which the determination is