Document ID: chunk:federal_register_of_legislation:C2025C00060:section:10:p18
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 10 (pt 18/23)
Character Range: 1170468–1173223

plant or border controlled precursor.
Note: This section applies to a prosecution of an ancillary offence relating to this Part as well as to prosecution of a primary offence against this Part. This is because of:
(a) sections 11.2, 11.2A and 11.3 (which treat certain combinations of physical and fault elements relating to this Part as being offences against this Part); and
(b) section 11.6 (which has the effect that a reference to an offence against this Part includes a reference to an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) that relates to this Part).

300.6  Recklessness as to nature of substance or plant sufficient for offence of attempt to commit an offence against this Part
  Despite subsection 11.1(3), for the offence of attempting to commit an offence against this Part, recklessness is the fault element in relation to any of the following physical elements of the offence attempted:
 (a) that a substance is a controlled drug (a physical element of an offence against Division 302 or 305 or section 308.1, 309.2, 309.3, 309.4, 309.7 or 309.8);
 (b) that a plant is a controlled plant (a physical element of an offence against Division 303 or 304);
 (c) that a substance is a controlled precursor (a physical element of an offence against Division 306 or section 308.2, 309.10 or 309.11);
 (d) that a substance is a border controlled drug or border controlled plant (a physical element of an offence against Subdivision A, B or C of Division 307 or section 309.12 or 309.13);
 (e) that a substance is a border controlled precursor (a physical element of an offence against Subdivision D of Division 307 or section 309.14 or 309.15).
Note: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness: see subsection 5.4(4).

Division 301—Serious drugs and precursors

Subdivision A—Serious drugs and precursors: definitions

301.1  Meaning of controlled drug
 (1) For the purposes of this Part, a controlled drug is a substance, other than a growing plant, that is:
 (a) listed by a regulation as a controlled drug; or
 (b) a drug analogue of a listed controlled drug; or
 (c) determined by the AFP Minister as a controlled drug 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)(c) (see subsection 301.13(2)).
 (2) The purpose 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