Document ID: chunk:federal_register_of_legislation:C2012A00167:clause:1_2:p1
Version: federal_register_of_legislation:C2012A00167
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/2)
Character Range: 23214–26308

2                                                      A drug analogue of 1 or more listed controlled drugs                  Either:
                                                                                                                             (a) for a drug analogue of a single listed controlled drug—the trafficable quantity of the listed drug; or
                                                                                                                             (b) for a drug analogue of 2 or more listed controlled drugs—the smallest trafficable quantity of any of the listed drugs.

Note: A drug analogue of a listed controlled drug is itself a controlled drug (see paragraph 301.1(b) and the definition of drug analogue in section 301.9).

Subdivision C—Serious drugs and precursors: emergency determinations

301.13  Emergency determinations—serious drugs
 (1) The Minister may, by legislative instrument, determine that:
 (a) a substance, other than a growing plant, is a controlled drug or a border controlled drug; or
 (b) a growing plant is a controlled plant or a border controlled plant.
 (2) The Minister must not make a determination under subsection (1) unless he or she is satisfied:
 (a) that there is an imminent and substantial risk that the substance or plant will be taken without appropriate medical supervision; and
 (b) one or more of the following conditions is met:
 (i) taking the substance or plant may create a risk of death or serious harm;
 (ii) taking the substance or plant may have a physical or mental effect substantially similar to that caused by taking a listed serious drug;
 (iii) there is limited or no known lawful use of the substance or plant in Australia, and the substance or plant has been found by a public official in the course of the performance of the official's duties;
 (iv) the substance or plant may pose a substantial risk to the health or safety of the public.
 (3) The Minister must not make more than one determination under this section in relation to a particular substance or plant.

301.14  Emergency determinations—serious drug precursors
 (1) The Minister may, by legislative instrument, determine that a substance (including a growing plant) is a controlled precursor or 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 used to unlawfully manufacture a controlled drug.
 (3) The Minister must not make more than one determination under this section in relation to a particular substance or plant.

301.15  Emergency determinations—commercial, marketable and trafficable quantities
 (1) The Minister may, by legislative instrument, determine:
 (a) a quantity of a serious drug as a commercial or marketable quantity of the drug; or
 (b) a quantity of a controlled drug or a controlled plant as a trafficable quantity of the drug or plant; or
 (c) a quantity of a controlled precursor or a border controlled precursor as a commercial or marketable