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 301.9   Meaning of drug analogue  

(1)  
For the purposes of this Part, a substance is a drug analogue of a listed controlled drug, or a listed border controlled drug, if the substance is any of the following in relation to the listed drug (or in relation to a primary analogue of the listed drug), however the substance is obtained:


(a) one of the following (a primary analogue ):


(i) a stereoisomer;

(ii) a structural isomer having the same constituent groups;

(iii) an alkaloid;


(b) (Repealed by No 15 of 2016)


(c) a structural modification obtained in one or more of the following ways:


(i) by the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures;

(ii) by the addition of hydrogen atoms to one or more unsaturated bonds;

(iii) by the replacement of one or more of the groups or atoms specified in subsection (2) with one or more of the other groups or atoms specified in that subsection;

(iv) by the conversion of a carboxyl or an ester group into an amide group;


(d) any other homologue, analogue, chemical derivative or substance substantially similar in chemical structure.

(2)  
The following groups and atoms are specified:


(a) alkoxy, cyclic diether, acyl, acyloxy, mono-amino or dialkylamino groups with up to 6 carbon atoms in any alkyl residue;


(b) alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the group, where the group is attached to oxygen (for example, an ester or an ether group), nitrogen, sulphur or carbon;


(c) halogen, hydroxy, nitro or amino groups;


(d) hydrogen atoms.

(3)  
However:


(a) a drug analogue of a listed controlled drug does not include a substance that is itself a listed controlled drug; and


(b) a drug analogue of a listed border controlled drug does not include a substance that is itself a listed border controlled drug.

(4)  
In this section:

addition
has its ordinary meaning.

replacement
has its ordinary meaning.




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