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 301.16   Emergency determinations - effectiveness  

(1)  
A determination under this Subdivision in relation to a substance (including a growing plant) or a quantity of such a substance has effect:


(a) from the time the determination is registered (within the meaning of the Legislation Act 2003 ); and


(b) for the period of 12 months from that registration, or such shorter period as is specified in the determination, as extended (if at all) under subsection (2).

(2)  
If exceptional circumstances prevent the listing (by regulation) of the substance or quantity, to the same effect, the AFP Minister may, by legislative instrument, extend the period during which the determination is in force by a further period or periods.

(3)  
The AFP Minister must not extend the period under subsection (2) with the effect that the determination would stay in force for longer than 18 months after the time the determination is registered (within the meaning of the Legislation Act 2003 ).

(4)  
A determination made under this Subdivision has no effect to the extent that it is inconsistent with a regulation made for the purposes of Subdivision A.




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