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 301.15   Emergency determinations - commercial, marketable and trafficable quantities  

(1)  
The AFP Minister may, by legislative instrument, determine:


(a) a quantity of a serious drug as a commercial or marketable quantity of the drug; or


(b) a quantity of a controlled drug or a controlled plant as a trafficable quantity of the drug or plant; or


(c) a quantity of a controlled precursor or a border controlled precursor as a commercial or marketable quantity of the precursor.

(2)  
However, the AFP Minister may only make a determination of a commercial, marketable or trafficable quantity of a serious drug, controlled precursor or border controlled precursor under subsection (1) if there is no regulation currently in force listing such a quantity of the drug or precursor.

Note:

The definitions of commercial quantity , marketable quantity and trafficable quantity in Subdivision B allow for regulations to list such quantities of serious drugs and precursors.




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