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 301.13   Emergency determinations - serious drugs  

(1)  
The AFP 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 AFP 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;

(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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