Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p6
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 6/42)
Character Range: 19245–22243

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 an imminent and substantial risk that the substance or plant will be:
 (i) taken without appropriate medical supervision; or
 (ii) imported and made available for taking without appropriate medical supervision.

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

301.7  Emergency determinations—controlled precursors

 (1) The Minister may, by legislative instrument, determine that a substance (including a growing plant) is a controlled precursor.

 (2) The Minister must not make a determination under subsection (1) unless he or she is satisfied that there is an imminent and substantial risk that the substance will be:
 (a) used to unlawfully manufacture a controlled drug; or
 (b) imported and made available to be used in unlawfully manufacturing a controlled drug.

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

301.8  Emergency determinations—border controlled drugs and border controlled plants

 (1) The Minister may, by legislative instrument, determine that:
 (a) a substance, other than a growing plant, is a border controlled drug; or
 (b) a growing plant is a border 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 314.4 or 314.5; and
 (b) that there is an imminent and substantial risk that the substance or plant will be:
 (i) taken without appropriate medical supervision; or
 (ii) imported and made available for taking without appropriate medical supervision.

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

301.9  Emergency determinations—border controlled precursors

 (1) The Minister may, by legislative instrument, determine that a substance (including a growing plant) is a border controlled precursor.

 (2) The Minister must not make a determination under subsection (1) unless he or she is satisfied that there is an imminent and substantial risk that the substance will be:
 (a) used to unlawfully manufacture a controlled drug; or
 (b) imported and made available to be used in unlawfully manufacturing a controlled drug.

Note: Sections 301.11 and 301.12 set out general rules 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