Document ID: chunk:federal_register_of_legislation:C2012A00167:clause:1_16:p3
Version: federal_register_of_legislation:C2012A00167
Segment Type: clause
Provision Reference: sch 1 cl 16 (pt 3/4)
Character Range: 13483–16191

the substance or plant is likely to be taken without appropriate medical supervision; and
 (b) one or more of the following conditions is met:
 (i) taking the substance or plant would create a risk of death or serious harm;
 (ii) taking the substance or plant would have a physical or mental effect substantially similar to that caused by taking a serious drug that is already listed;
 (iii) the substance or plant has the capacity to cause physiological dependence;
 (iv) possession or conduct in relation to the substance or plant is proscribed under a law of a State, a Territory or a foreign country that has purposes similar to those of this Part;
 (v) the substance or plant poses a substantial risk to the health or safety of the public.

301.8  Serious drug precursors—conditions for listing by regulation
  Before a regulation is made listing a substance as a controlled precursor or a border controlled precursor, the Minister must be satisfied that there is a risk that the substance will be used to unlawfully manufacture a controlled drug (other than a determined controlled drug).

301.9  Meaning of drug analogue
 (1) For the purposes of this Part, a substance is a drug analogue of a listed controlled drug, or a listed border controlled drug, if the substance is any of the following in relation to the listed drug (or in relation to a primary analogue of the listed drug), however the substance is obtained:
 (a) one of the following (a primary analogue):
 (i) a stereoisomer;
 (ii) a structural isomer having the same constituent groups;
 (iii) an alkaloid;
 (b) a structural modification obtained by the addition of one or more of the following groups:
 (i) alkoxy, cyclic diether, acyl, acyloxy, mono‑amino or dialkylamino groups with up to 6 carbon atoms in any alkyl residue;
 (ii) alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the group, where the group is attached to oxygen (for example, an ester or an ether group), nitrogen, sulphur or carbon;
 (iii) halogen, hydroxy, nitro or amino groups;
 (c) a structural modification obtained in one or more of the following ways:
 (i) by the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures;
 (ii) by the addition of hydrogen atoms to one or more unsaturated bonds;
 (iii) by the replacement of one or more of the groups specified in paragraph (b) with another such group or groups;
 (iv) by the conversion of a carboxyl or an ester group into an amide group;
 (d) any other homologue, analogue, chemical derivative or substance substantially similar in chemical structure.
 (2) However, a drug analogue does not include a substance that is itself