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 A - Serious drugs and precursors: definitions  

SECTION 301.2   Meaning of controlled plant  

(1)  
For the purposes of this Part, a controlled plant is a growing plant that is:


(a) listed by a regulation as a controlled plant; or


(b) determined by the AFP Minister as a controlled plant 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)(b) (see subsection 301.13(2) ).
  • (2)  
    The purpose of subsection (1) is to permit growing plants that are covered by the TINDAPS Convention to be treated as controlled plants for the purposes of this Part (see also section 300.1 ).




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