Document ID: chunk:federal_register_of_legislation:C2025C00060:section:10:p19
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 10 (pt 19/23)
Character Range: 1172988–1175705

of subsection (1) is to permit certain substances that are covered by the TINDAPS Convention, or drug analogues of such substances, to be treated as controlled drugs for the purposes of this Part (see also section 300.1).
Note: For the meaning of drug analogue, see section 301.9.

301.2  Meaning of controlled plant
 (1) For the purposes of this Part, a controlled plant is a growing plant that is:
 (a) listed by a regulation as a controlled plant; or
 (b) determined by the AFP Minister as a controlled plant under section 301.13 (which deals with emergency determinations of serious drugs).
Note: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (1)(a) (see section 301.7); or
(b) a determination can be made for paragraph (1)(b) (see subsection 301.13(2)).
 (2) The purpose of subsection (1) is to permit growing plants that are covered by the TINDAPS Convention to be treated as controlled plants for the purposes of this Part (see also section 300.1).

301.3  Meaning of controlled precursor
 (1) For the purposes of this Part, a controlled precursor is a substance (including a growing plant) that is:
 (a) listed by a regulation as a controlled precursor; or
 (b) a salt or ester of a controlled precursor that is so listed; or
 (c) determined by the AFP Minister as a controlled precursor under section 301.14 (which deals with emergency determinations of serious drug precursors).
Note: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (a) (see section 301.8); or
(b) a determination can be made for paragraph (c) (see subsection 301.14(2)).
 (2) The purpose of subsection (1) is to permit certain substances that are covered by the TINDAPS Convention, or salts or esters of such substances, to be treated as controlled precursors for the purposes of this Part (see also section 300.1).

301.4  Meaning of border controlled drug
 (1) A border controlled drug is a substance, other than a growing plant, that is:
 (a) listed by a regulation as a border controlled drug; or
 (b) a drug analogue of a listed border controlled drug; or
 (c) determined by the AFP Minister as a border controlled drug under section 301.13 (which deals with emergency determinations of serious drugs).
Note 1: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (a) (see section 301.7); or
(b) a determination can be made for paragraph (c) (see subsection 301.13(2)).
Note 2: For the meaning of drug analogue, see section 301.9.
 (2) However:
 (a) the regulations may provide that a listed border controlled drug is taken, for the purposes of this Part, to be a border controlled drug only in relation to particular offences