Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 301 - Serious drugs and precursors  

Subdivision C - Serious drugs and precursors: emergency determinations  

SECTION 301.14   Emergency determinations - serious drug precursors  

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


(1A)    


However:

(a)    a determination made under subsection (1) may provide that a determined 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 such a determination so provides, then the determined 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.



Conditions on making a determination

(2)    
The AFP 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 AFP Minister must not make more than one determination under this section in relation to a particular substance or plant.





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