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 301.7   301.7   Serious drugs - conditions for listing by regulation  
Before a regulation is made listing a substance or plant as a serious drug for the purposes of this Part, the AFP Minister must be satisfied that:


(a) the substance or plant is likely to be taken without appropriate medical supervision; and


(b) one or more of the following conditions is met:


(i) taking the substance or plant would create a risk of death or serious harm;

(ii) taking the substance or plant would have a physical or mental effect substantially similar to that caused by taking a serious drug that is already listed;

(iii) the substance or plant has the capacity to cause physiological dependence;

(iv) possession or conduct in relation to the substance or plant is proscribed under a law of a State, a Territory or a foreign country that has purposes similar to those of this Part;

(v) the substance or plant poses a substantial risk to the health or safety of the public.



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