Document ID: chunk:federal_register_of_legislation:C2025C00060:section:10:p21
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 10 (pt 21/23)
Character Range: 1177933–1180665

or
(b) a determination can be made for paragraph (d) (see subsection 301.14(2)).
 (1A) However:
 (a) the regulations may provide that a listed border controlled precursor is taken, for the purposes of this Part, to be a border controlled precursor only in relation to particular offences against this Part, or particular elements of those offences; and
 (b) if the regulations so provide, then the listed border controlled precursor is taken, for the purposes of this Part, to be a border controlled precursor only in relation to those offences or elements.
 (1B) To avoid doubt, if a listed border controlled precursor is taken, for the purposes of this Part, to be a border controlled precursor only in relation to particular offences against this Part, or particular elements of those offences, then a salt, ester or immediate precursor of the listed border controlled precursor is taken, for the purposes of this Part, to be a border controlled precursor only in relation to those offences or elements.

Definition of immediate precursor
 (2) In this section:
immediate precursor of a precursor listed for the purposes of paragraph (1)(a) means a chemical or compound (other than another precursor that is so listed) that is an immediate precursor in the manufacture by a chemical process of the listed precursor.

301.7  Serious drugs—conditions for listing by regulation
  Before a regulation is made listing a substance or plant as a serious drug for the purposes of this Part, the AFP Minister must be satisfied that:
 (a) 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 AFP 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) A substance is a drug analogue of a listed controlled drug, or a