Discussion Paper - Implementation of Model Schedules For Commonwealth Serious Drug Offences

08/24930
DISCUSSION PAPER
Implementation of model schedules for

Commonwealth serious drug offences
Part I Introduction ..........................................................................................................................2
Part II Drug offences .......................................................................................................................6
Part III Plant offences .....................................................................................................................12
Part IV Precursor offences ..............................................................................................................14
Part V Legislative Structure ..........................................................................................................18
Part VI Legitimate use defences .....................................................................................................20
Attachment 1: Consolidated table of serious drug offences in the Criminal Code ............................ 22
Attachment 2.1: The model schedules – list of controlled drugs .......................................................25
Attachment 2.2: The model schedules – definitions of controlled drugs, controlled plants and
controlled precursors ..........................................................................................................................35
Attachment 2.3: 15 controlled drugs listed in section 314.1 of the Criminal Code ........................... 37
Attachment 2.4: The model schedules – list of controlled plants ......................................................38
Attachment 2.5: The model schedules – list of controlled precursors ...............................................39
Model Drug Schedule Discussion Paper 1 of 41

PART I INTRODUCTION
Introduction
1. In presenting the Government’s National Security Statement in December 2008, the former
Prime Minister, the Hon Kevin Rudd MP, identified organised crime as a growing and continuing
national challenge.1 The Government recently declared its commitment to target the criminal
economy at the launch of the Organised Crime Strategic Framework.2 One means of achieving this
outcome is by targeting one of the primary markets of organised crime – the importation, domestic
production and distribution of illicit drugs.3
Background
Development of model offences
2. In 1990, the Standing Committee of Attorneys-General (SCAG) established a committee to

develop a national model criminal code for Australian jurisdictions, the Model Criminal Code
Officers’ Committee (MCCOC).
3. Beginning in 1992, MCCOC (now known as the Model Criminal Law Officers’ Committee)
published a series of reports creating specific classes of model offences. In 1998, MCCOC
published model offences for drug trafficking and the commercial manufacture and cultivation of
drugs (the model offences).4
4. In 2002, Commonwealth, State and Territory Governments resolved at the Leaders Summit
on Terrorism and Multi-jurisdictional Crime to implement the model offences recommended in the
MCCOC report.5
5. In its 1998 report, MCCOC acknowledged that devising complete schedules specifying the
drugs, plants and precursors to which the model offences would apply involved ‘issues of
considerable technical complexity which lie at the fringes, or beyond, the Committee’s area of
expertise’.6 Accordingly, MCCOC recommended that a national committee of experts develop
comprehensive model schedules to operate under the framework of the model offences.
Development of model schedules
6. In February 2005, the Intergovernmental Committee on Drugs Scheduling Working Party on

Controlled Substances (the Working Party) embarked on the task of developing model schedules
(that is, lists of substances to be classified as either controlled drugs, plants or precursors). The
Working Party was established under the auspices of the Ministerial Council on Drug Strategy, the
1
Hansard, House of Representatives, 4 December 2008, page 12549
2
<http://www.ag.gov.au/organisedcrime>
3
Parliamentary Joint Commission on the Australian Crime Commission, Inquiry into legislative arrangements to
outlaw serious and organised crime groups, August 2009, page 12
4
Model Criminal Code, Chapter 6 -Serious Drug Offences, October 1998
<http://www.ag.gov.au/www/agd/agd.nsf/Page/Modelcriminalcode_Chapter6-SeriousDrugOffences>
5
Leaders Summit on Terrorism and Multi-jurisdictional Crime, Cross-Border Investigative Powers for Law
Enforcement Report, November 2003, page i
<http://www.ag.gov.au/agd/WWW/rwpattach.nsf/viewasattachmentpersonal/(CFD7369FCAE9B8F32F341DBE097
801FF)~0+Cross+Border+Report2read.pdf/$file/0+Cross+Border+Report2read.pdf>
6
Model Criminal Code, Chapter 6 -Serious Drug Offences, October 1998, page 249

peak policy and decision making body in relation to licit and illicit drugs in Australia. It consisted
of representatives from industry and relevant State and federal agencies.
7. The Working Party developed model schedules for drugs, plants, and precursors
(the model schedules).7 The model schedules were designed to provide comprehensive coverage of
drugs, plants, and precursors for which illicit markets exist, or have the potential to develop, within
Australia.
8. In 2007, the Ministerial Council on Drug Strategy endorsed the model schedules and noted
that the Australian Government and State and Territory jurisdictions would consider adopting them
in the interest of national consistency of legislation.8
9. To date, the model offences have been implemented by the Commonwealth, Victoria,
South Australia, Tasmania (partially), and the Australian Capital Territory. Only South Australia
has introduced the model schedules for drugs, plants, and precursors, although these schedules
contain some modifications.
10. Implementation of the model schedules at the Commonwealth level would make
Commonwealth drug laws more comprehensive and may encourage other jurisdictions to adopt a
common approach across Australia. Implementation may also assist Australia to meet its
obligations at international law in relation to the regulation of illicit drugs, including under the
Single Convention on Narcotic Drugs 1961, Convention on Psychotropic Substances 1971, and
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
1988 (TINDAPS Convention).
11. However, consideration needs to be given to the impact that implementation of the model
schedules might have on the existing Commonwealth regulatory framework.
Commonwealth serious drug offences
12. In 2005, the Law and Justice Amendment (Serious Drug Offences and Other Measures)
Act 2005 (the SDO Act) introduced the model offences in Part 9.1 of the Commonwealth
Criminal Code Act 1995 (the Criminal Code) (Attachment 1).
13. The SDO Act also moved existing offences under the Customs Act 1901 (Customs Act) for
the import/export of controlled substances and placed them in the Criminal Code. This ensured all
serious drug offences were in a central statute, keeping the Customs Act as primarily a regulatory
statute.
14. The offences in Part 9.1 of the Criminal Code are divided into domestic offences (referred to
as ‘controlled’ drugs, plants and precursors) and import/export offences (referred to as ‘border
controlled’ drugs, plants and precursors). The import/export offences criminalise conduct in
relation to much smaller quantities of drugs or precursors than domestic offences. For example, a
marketable quantity of amphetamines is 250.0 grams for a domestic offence, compared with
2.0 grams for an import/export offence. This reflects the Commonwealth’s policy position about
the seriousness of these offences and the need to prevent and deter the entry of illicit drugs into the
community.
7
See Attachments 2.1, 2.4 and 2.5
8
Ministerial Council on Drugs Strategy, Resolution 16, May 2007

15. Most of the serious drug offences are divided into three levels of seriousness. This is based
on the amount of drug involved, ranging from a commercial quantity (the most serious) to a
marketable quantity, then to a less than marketable quantity.
16. The threshold quantities of border controlled drugs are based on the quantities that applied
to the import/export offences when they were contained in the Customs Act. The threshold
quantities of border controlled precursors are calculated according to the quantity of the precursor
required to manufacture the equivalent threshold of a border controlled drug.
17. The threshold quantities of controlled drugs are intended to maintain consistency with the
threshold quantities prescribed by other jurisdictions that had implemented the MCCOC model
offences. The threshold quantities of controlled precursors are set to accord with the amount of the
controlled precursor required to manufacture the corresponding threshold quantity of a controlled
drug.9
18. In the absence of model schedules (which were not developed until 2007), the SDO Act
included a short schedule of just 15 common controlled drugs for domestic offences and a longer
schedule of border controlled drugs for import/export offences, reflecting the already established
law based on the existing Customs Act offences. The SDO Act also introduced schedules for
controlled and border controlled plants and precursors. The Explanatory Memorandum to the
SDO Act expressed the Government’s intention to amend the Criminal Code following the review
of the national drug schedules.10
Structure of the discussion paper
19. Part II of this discussion paper describes the existing definitions of ‘border controlled drug’
and ‘controlled drug’ in the Criminal Code. It questions how the model schedule for controlled
drugs, (which makes no such distinction) would fit within these definitions. It also considers
whether classifying some substances as both controlled drugs and precursors, and listing quantities
of pure and mixed substances, is suitable in the Criminal Code context.
20. Part III of this discussion paper describes the existing definition of ‘border controlled plant’
and ‘controlled plant’ in the Criminal Code. It notes that the model schedule of controlled plants
expands the list of plant and fungi species, and questions the suitability of classifying the plant
Catha edulis (commonly known as khat) as a controlled plant.
21. Part IV of this discussion paper examines similar issues to those in Part II. It describes the
existing definitions of ‘border controlled precursor’ and ‘controlled precursor’ in the
Criminal Code. It questions how the model schedule for controlled precursors (which makes no
such distinction) would fit within these definitions. It also considers whether classifying some
substances as both controlled drugs and precursors, and listing quantities of pure and mixed
substances, is suitable in the Criminal Code context. It also questions whether Customs legislation
would require examination in light of the model controlled precursor schedule, compares the
definition of ‘precursor’ in the model schedule with the definition of ‘immediate precursor’ in the
Criminal Code, and asks whether the existing regulatory framework is adequate to support the
expansion of the definition of ‘precursor’.
9
Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005, Explanatory
Memorandum, pages 107 to110
10
Memorandum, page 105

22. Part V of this discussion paper examines the structure of Part 9.1 of the Criminal Code. It
questions whether the current provisions for interim regulations and emergency determinations are
necessary and effective and suggests alternative structures.
Impact on industry
23. The Government recognises the potential for any move to implement the model schedules to
have costs or adverse impacts on industry. If the model schedules were to be implemented in
Commonwealth legislation, these impacts would be identified and carefully considered through:
 the completion of a preliminary assessment to establish the extent to which the proposal is
likely to involve an impact on business and individuals or the economy, and
 if the proposal would have a significant impact on business and individuals or the economy,
a more detailed analysis documented in a Regulation Impact Statement.
Invitation to comment
24. The Government seeks views on whether the model schedules and the quantities of drugs,
plants and precursors recommended by the Working Party in 2007, and endorsed by the
Ministerial Council on Drug Strategy, should be implemented in Part 9.1 of the Criminal Code, and
how this should be achieved.
25. Comments are also sought on whether it is necessary to align domestic and border controls
in the Criminal Code with those in the relevant Customs legislation (that is, the Customs
(Prohibited Imports) Regulations 1956, the Customs (Prohibited Exports) Regulations 1958 and the
Customs Regulations 1926).

PART II DRUG OFFENCES
26. Below is a summary of the border controlled and controlled drug offences in the
Criminal Code.
Border controlled drug offences Division

Importing or exporting a border controlled drug 307
Possessing an unlawfully imported border controlled drug 307
Possessing a border controlled drug reasonably suspected of having been unlawfully imported 307
Procuring a child to import/export a border controlled drug 309
Controlled drug offences Division

Trafficking a controlled drug 302
Commercial manufacture of a controlled drug 305
Possessing a controlled drug 308
Possessing substance/equipment/instructions to commercially manufacture a controlled drug 308
Supplying a controlled drug to a child, including for trafficking 309
A. Drug definitions
27. The existing definition of ‘controlled drug’ in section 314.1 of the Criminal Code is
comprised of:
 a listing of 15 named substances, and
 an extended definition of the substances which includes

o stereoisomers
o structural isomers having the same constituent groups as a listed controlled drug
o alkaloids, or
o a structural modification of a substance listed as a controlled drug, by the addition of
one or more specified groups, or modification by other specified chemical
modifications.
28. The existing definition of ‘border controlled drug’ in section 314.4 of the Criminal Code is
comprised of:
 a listing of 155 named substances, and
 an extended definition of the substances which includes

o stereoisomers
o structural isomers having the same constituent groups as a listed border controlled
drug
o alkaloids, or
o a structural modification of a substance listed as a border controlled drug, by the
addition of one or more specified groups, or modification by other specified
chemical modifications.
29. By contrast, the definition of controlled drugs in the model schedules consists of a single
listing of 256 named substances. (Attachment 2.1). An extended definition of ‘drug’
(Attachment 2.2) includes salts, derivatives and isomers, and any analogue or homologue to a

listed drug. The application of this broader definition would substantially increase the number of
substances caught by the schedules.
30. Commonwealth implementation of the model controlled drug schedule gives rise to several
questions, including whether:
(a) a single schedule of controlled drugs is appropriate, given the existing distinction between
controlled and border controlled drugs in the Criminal Code
(b) the way certain substances have been listed in the model schedules (as both controlled drugs
and precursors) is appropriate, and
(c) the current listing of pure and mixed quantities of substances in the model schedules should be
maintained or expanded.
B. Single schedule for border controlled and controlled drugs
31. Adopting a single schedule for border controlled and controlled drug offences needs to be
carefully considered because of the current differences in the construction of border controlled drug
offences and controlled drug offences in the Criminal Code. These differences reflect the
seriousness of prosecuting possession or trafficking of border controlled drug offences as a key
element in the Commonwealth’s stance on protecting Australia from serious drugs and stopping
them entering the community.
32. Proof of intent differs between border controlled drug and controlled drug offences. For
importing and exporting border controlled drug offences, commercial intention is not an element of
any of the offences. Instead, the absence of commercial intention is available as a defence for some
offences. By contrast, for controlled drug offences, intent to sell (or belief that another intends to
sell) is an element of the offences.
33. Threshold quantities of drugs also differ according to whether the offence is in relation to a
border controlled drug or a controlled drug. Border controlled drug offences do not refer to a
trafficable quantity. The marketable quantity for border controlled drugs is set at a much lower
level than that set for controlled drug offences. In fact, the marketable quantity for a border
controlled drug offence is close to the level of a trafficable quantity for controlled drug offences
without actually using that term.
34. In the model schedules, the level at which a marketable quantity of border controlled drug is
set would increase markedly (for example, in relation to amphetamines) and the level at which a
commercial quantity is set would in some instances, be reduced. The differences in quantities used
currently and proposed under the model schedules in relation to the 15 controlled drugs currently in
the Criminal Code is shown at Attachment 2.3.
35. An effect of adopting the model schedules for both controlled and border controlled drug
offences would be to reduce the penalties applying to the importation of substances most commonly
imported in ‘moderate’ (or marketable) quantities.
36. For example, currently a marketable quantity of the border controlled drug cocaine is
two grams. A marketable quantity of cocaine under the model schedules is 100 grams. If the model
schedules were applied to border controlled drug offences, a person who imported 90 grams of
cocaine would face a maximum penalty of 10 years imprisonment for the offence of importing a
less than marketable quantity (contrary to section 307.3 of the Criminal Code). Under the current

offence applicable to the same conduct (importing a marketable quantity: section 307.2), the
maximum penalty that would apply is 25 years imprisonment. Further, if the person could establish
that he or she neither intended, nor believed that another person intended, to sell any of the border
controlled drug (under subsection 307.3(3)), the person would only be liable to a maximum penalty
of two years imprisonment (for the offence in section 307.4).
Question B
(i) If the model controlled drug schedule was adopted in Commonwealth legislation, should the
distinction between controlled and border controlled drugs be maintained?
(ii) If so, should all of the substances currently listed in the model controlled drug schedule be
included in both the controlled drug and border controlled drug tables in Division 314 of
the Criminal Code?
(iii) If so, should the trafficable amounts (as currently prescribed in the model schedule) be
increased to be commensurate with the current marketable quantities for border controlled
drugs in the Criminal Code?
C. Listing of substances
37. The classification of certain substances in the model schedules gives rise to two situations of
possible ambiguity.
Certain substances appear in both the drug and precursor lists
38. Some substances, including ephedrine, lysergic acid, ergotamine and pseudoephedrine,
appear in both the model controlled drug and precursor lists, to reflect ‘their status as substances
that are utilised as illicit drugs in their own right in certain circumstances and precursor chemicals
in other circumstances’.11
39. If the model schedules were to be adopted in Commonwealth legislation, it would be

undesirable for these substances to remain in both the drug and precursor schedules. Firstly,
because it has the potential to create confusion amongst the public as to how these substances are to
be regarded, and secondly, because it may lead to the imposition of different penalties, depending
on the charge laid.
40. Currently, the maximum penalties for the offences of importing border controlled precursors
and pre-trafficking controlled precursors (25 years imprisonment) are lower than for the
corresponding importation offences for border controlled drugs and trafficking offences for
controlled drugs (life imprisonment). Given the different penalty structure, there would be potential
for injustice as a defendant could face different penalties for the same conduct in relation to the
same substance, depending on whether he or she was charged under precursor or drug offences.
The following table shows the difference in the respective maximum penalties for drugs and
precursors.
11
Covering note to the Model Schedules and Quantities, recommended by the Inter-Governmental Committee on Drugs
Scheduling Working Party on Controlled Substances, 16 May 2007

Table 1: Serious drug penalties for drugs and precursors
Quantity Drugs Precursors
Commercial Life/7500 penalty units* 25 years/5000 penalty units*
Marketable 25 years/5000 penalty units* 15 years/3000 penalty units*
Less than marketable 10 years/2000 penalty units* 7 years/1400 penalty units*
* A penalty unit is currently $110 (section 4AA of the Crimes Act 1914 (Cth))
41. To avoid ambiguity, it may be preferable that substances such as ephedrine, lysergic acid,
ergotamine and pseudoephedrine are listed as controlled precursors only. This would accord with
the United Nations TINDAPS Convention, which treats these substances as precursors. It would
also reflect the reality that criminal activity associated with these substances would predominantly
be as precursors, given that it is less likely that these substances would be illegally possessed for the
purpose of direct illicit consumption. As these substances may have medical use (except perhaps
for lysergic acid), a legitimate use defence may be appropriate (as discussed below under Part VI)
to ensure that persons using precursors for legitimate medical, industrial and other uses are not
captured. This is particularly so as these types of persons might not be covered by the existing
defences in the Criminal Code.
Extended definition of ‘drug’ may result in substances falling within multiple definitions
42. The extended definition of ‘drug’ in the model schedules is wide, including salts,
derivatives, isomers, analogues or homologues. It may mean that some model controlled precursors
will also fall within the definition of controlled drugs, resulting in some substances being assigned
the status of a controlled drug, despite the very low likelihood that these substances would be
directly consumed (for example, some industrial chemicals). This could result in a defendant
becoming subject to a more serious charge for which he or she would otherwise not have been
liable.
43. To remedy this, consideration could be given to narrowing the definition of ‘drug’ so that it
captures only listed substances, while adopting an extended definition of ‘precursor’. This would
ensure that chemicals that would otherwise fall within the extended definition of ‘drug’ as well as
the definition of ‘precursor’ are simply regarded as controlled precursors and are subject to the
lower penalty regime applicable to those substances (and to which the safeguards in relation to
legitimate uses apply).
44. Alternatively, it may be possible to provide a clarifying provision in the legislation to ensure
that where a person is charged in relation to a controlled drug, the substance continues to be treated
as such, despite the possibility for another classification of the substance under the extended
definition. This will prevent defendants charged with a drug offence from exploiting the schedule
definitions by arguing that they should be charged with a precursor offence, hence becoming liable
to a lower penalty. A similar clarifying provision could be created in relation to precursors, to
prevent the prosecution from asserting that defendants should be liable for a more serious charge
(and therefore penalty) because the substance was capable of being a controlled drug.

Question C
(i) Should there be further amendment to the extended definition provisions for model
controlled drug and controlled precursor lists to ensure that substances are listed as either
a controlled drug or a controlled precursor, and not both?
(ii) If so, where a substance fits both the extended definition of a precursor and the extended
definition of a drug, should it be dealt with as a drug and therefore attract higher penalties?
(iii) Are there circumstances in which a substances fitting the extended definitions of precursors
and drugs should be dealt with as a precursor?
(iii) Is the proposed definition of controlled drug appropriate in relation to both the named
substances and the extended definition of associated forms of the named drugs?
D. Pure/mixed quantities
45. Currently, under the Criminal Code, the burden on the prosecution to prove the amount of
an illicit substance differs depending on whether the substance is a drug or precursor.
46. Subsections 312.1(1) and 312.1(3) of the Criminal Code provide that the prosecution may
prove the quantity of a controlled drug or border controlled drug (respectively) by proving that the
mixture contains the specified pure quantity or, if an amount in a mixture is specified, by proving
that (gross) quantity of the mixture.
47. By contrast, subsections 312.1(2) and (4) provide that the prosecution may prove the
quantity of a controlled precursor or border controlled precursor (respectively) by proving that the
mixture contains the specified pure quantity of the precursor.
48. The model controlled drug schedule defines drugs in terms of mixed quantities, as well as
retaining a list of pure quantities for 17 key illicit drugs (such as heroin and methylamphetamine).
This reflects the realities of the commercial illicit market. Where drugs have an established illicit
market, quantities are set by reference to the market. Where there is evidence for the development
of illicit trade in a drug for which there is no established Australian market, quantities are set by
reference to comparable drugs with comparable pharmacological effect, and where there is no
established Australian market and no evidence of potential development of such a market, quantities
are not specified.12
49. To explain the rationale for including mixed and pure quantities for certain substances, the
covering note to the Model Schedules gives the following example:
… methylamphetamine has a marketable pure quantity of 0.1kg. At an average street level

purity of 20%, a quantity of 0.1kg methylamphetamine can be diluted to a total volume of
12

0.5kg. Hence 0.5kg of street level drug is equivalent to 0.1kg pure drug. This approach
provides coverage for those who deal at street level and those who deal higher up the chain.13
In other words, an offence in relation to possession of methylamphetamine can be prosecuted

at the marketable (pure) quantity to target those higher up the drug distribution chain, or at a
marketable (mixed) quantity to target a street level dealer.
50. This feature of market chain dilution is reflected in the different ratios of the pure to mixture
amounts for some drugs between the commercial quantity and the marketable quantity. For
example, a commercial quantity of heroin is 750g pure or 1 kg in mixture - giving a purity ratio of
75%, but a marketable quantity is 100g pure or 200g in a mixture, giving a purity ratio of 50%.
Similarly, a commercial quantity of MDMA (ecstasy) is 750g pure or 1kg in a mixture, giving a
purity ratio of 75%, but a marketable quantity is 100g pure or 500g in a mixture giving a purity ratio
of 20%.
51. The prescription of mixed quantities for all drugs is an important reform. It would reduce
the burden on forensic services to prove the amount of a controlled drug in a mixture.
52. If the model controlled drug schedule was introduced in Commonwealth legislation, two
factors would require consideration.
53. First, there may be cases at the margins where the amount of the mixture may meet
the threshold amount for a higher penalty, but the defendant will seek to have the substance
analysed in the hope that the pure amount is less than the specified threshold. A suitable legislative
response to such a case would need to be determined.
54. Second, the model controlled drug schedule only lists pure quantities for a small number of
substances. The Working Party indicated that this was because there was a lack of historical basis
on which to calculate pure quantities for all substances listed in the model schedules, and substances
for which no pure quantities listed are less often seen in the type of illicit markets more commonly
observed for the key drugs of abuse.14 Notwithstanding this rationale, it may be desirable to list
pure quantities in addition to mixed quantities for all substances in order to address the situation
described in the previous paragraph.
Question D
(i) Are the specified pure quantities for controlled drugs in the model schedules appropriate?
(ii) Is there a benefit in specifying pure quantities for other controlled drugs in addition to the
17 already specified?
(iii) Is there a benefit in specifying either a pure quantity or a quantity in a mixture, or both?
13
14

PART III PLANT OFFENCES
55. The border controlled and controlled plant offences are summarised in the tables below.
Border controlled plant offences Division

Importing or exporting border controlled plants 307
Possessing unlawfully imported border controlled plants 307
Possessing a border controlled plant reasonably suspected of having been unlawfully imported 307
Procuring children to import/export border controlled plants 309
Controlled plant offences Division

Cultivating controlled plants for a commercial purpose 303
Selling controlled plants within Australia 304
Possessing plant material, equipment or instructions for commercial cultivation of controlled 308
plants
E. Plant definition
56. The current definition of ‘controlled plant’ in section 314.2 of the Criminal Code is ‘any
plant of the genus Cannabis’. ‘Border controlled plant’ is defined in section 314.5 to include plants
from seven different genera and species, including cannabis and opium poppies.
57. The definition of ‘controlled plant’ in the model schedules is divided into two parts. It
includes all plants currently named in the sections 314.2 and 314.5 of the Criminal Code, plus an
additional eight plants, including Catha edulis (commonly referred to as khat).
58. If the list of controlled plants in the model schedules were adopted in Commonwealth
legislation, a particular issue for consideration is the legal status of khat.
59. Khat contains two substances, cathine and cathinone, which were placed under international
control in 1986 by inclusion in the United Nations Convention on Psychotropic Substances (1971).
Having ratified the Convention, Australia’s international obligations require controls to be exercised
over the importation and exportation of certain designated substances, including khat. The
importation of khat is subject to regulation 5 of the Customs (Prohibited Imports) Regulations 1956.
Importation is prohibited unless the importer holds an import permit from the Australian Quarantine
and Inspection Service (AQIS) and a licence and permit issued by the Office of Chemical Safety
(OCS).
60. Khat was the subject of a resolution by the Intergovernmental Committee on Drugs on
18 September 2008, which noted that current legislative controls at Federal and State and Territory
levels were considered adequate by the Committee.
61. Although there appears to be consensus about the suitability of present regulatory controls
over khat, States and Territories have not taken a consistent approach to the issue. Khat is not a
controlled substance in three Australian jurisdictions. It is therefore not clear whether it is
appropriate for the Commonwealth to classify this plant as a controlled plant, despite its listing in
the model controlled plant schedule.

Question E
(i) Is an expanded list of plants appropriate for use in relation to plant offences?
(ii) Given the Intergovernmental Committee on Drugs resolution, should khat be omitted from
the model schedules?

PART IV PRECURSOR OFFENCES
62. The border controlled and controlled precursor offences in the Criminal Code are
summarised in the tables below.
Border controlled precursor offences Division
Importing or exporting border controlled precursors 307

Procuring a child to import/export border controlled precursors 309
Controlled precursor offences Division

Pre-trafficking a controlled precursor 306
Importing or exporting border controlled precursors 307
Possessing a controlled precursor with intent to manufacture a controlled drug 308
Procuring a child to pre-traffic a controlled precursor 309
63. The definition of ‘controlled precursor’ in section 314.3 of the Criminal Code lists
12 substances. There is also an extended definition which includes substances that are a salt or ester
of a precursor.
64. The definition of ‘border controlled precursor’ in section 314.6 of the Criminal Code lists
14 substances. There is also an extended definition which includes a salt or ester of a named
precursor, as well as chemicals or compounds that are themselves an immediate precursor to any of
the precursors.
65. By contrast, the definition of controlled precursor in the model schedule (Attachment 2.4)
includes a list of 102 substances and an extended definition including any preparation, admixture,
extract or other substance containing any proportion of a precursor. The application of this broader
definition would substantially increase the number of substances captured by the schedules.
66. Commonwealth implementation of the model controlled precursor schedule gives rise to a
number of questions, including whether:
 the way certain substances have been listed in the model schedules (for example, certain
substances are listed as both controlled drugs and precursors) is appropriate
 Customs Regulations might require consequential amendment
 the definition of ‘precursor’ in the model schedule captures all substances requiring prohibition,
and
 the current references to mixed quantities of substances (and lack of reference to pure
substances) in the model controlled precursor schedule should be maintained, given the
requirement to prove precursors in the Criminal Code.
F. Listing of substances
67. As noted in Part C, certain substances appear in both the model drug and precursor lists.
This has the potential to create confusion and may lead to the imposition of different penalties for
the same conduct, depending on the charge laid.

G. Customs legislation
68. If the Commonwealth were to implement the model controlled precursor schedules,
consequential amendments to Customs legislation may be required.
69. Currently, the Customs (Prohibited Imports) Regulations and the Customs (Prohibited
Exports) Regulations apply to only a small number of the substances listed as controlled precursors
in the model schedules. If the model schedule for controlled precursors was adopted into
Commonwealth legislation and applied to the definition of ‘border controlled precursor’, it may be
necessary to consider the implications of not adopting the same list of substances in the PI/PE
Regulations. Relevant issues include that:
 Customs and Border Protection would have no power to seize substances that are in the
model schedule but not in the PI/PE Regulations (except under warrant as a forfeited good
under the Customs Act)
 an importer or exporter may still be liable to prosecution under the Criminal Code in relation
to substances that are not prohibited imports or exports, and
 expansion of the controlled and border controlled precursors in the Criminal Code may have
an impact on industry even if the PI/PE Regulations are not amended, and therefore the
alignment of the two could clarify the requirements with which industry must comply.
70. Consideration should be given to the extent to which the model schedules for controlled
precursors, if adopted by the Commonwealth, would apply to border controlled precursors. Further,
because any decision to expand the number of substances listed as prohibited imports or exports is
likely to affect industry, the regulatory burden imposed on business would also need to be carefully
considered.
Question G
Should the substances currently regulated by Customs Regulations be aligned with those in the
Criminal Code, if the Criminal Code was amended to include all of the substances listed in the
model controlled drug schedule?
H. Definition
71. The extended definition of ‘precursor’ in the model controlled precursor schedule (which
includes any preparation, admixture, extract or other substance containing any proportion of a
precursor) does not include the concept of ‘immediate precursor’ that exists in subsection 314.6 of
the Criminal Code (in relation to border controlled precursors).
72. Commonwealth adoption of the model controlled precursor schedule would require
consideration of whether it is necessary to include the concept of an ‘immediate precursor’ in the
definition of controlled precursors to ensure that all forms of precursors are captured. For
example, the chemical ‘MMDMG’ (2-methyl-3-(3,4-methylenedioxy) phenyl-methyl glydicate) is
an immediate precursor to 3, 4-MDP2P (3,4-methylenedioxyphenyl-2-propanone) which, in turn, is
a precursor to Ecstasy/MDMA (3,4-Methylenedioxymethlyamphetamine). Without the immediate
precursor definition, MMDMG would not be captured in the definition of controlled precursor.

73. It is important to note that the extended definition would significantly expand the number of
substances captured by the definition of ‘precursor’, and may capture some substances with no
application as illicit precursors. Consideration would need to be given to whether all substances
should in fact be captured, or whether only substances identified as a high risk should be captured.
74. If the definition is to be flexibly applied at an administrative level, it may be appropriate to

establish a formal mechanism for notifying the public that certain substances are deemed to be
controlled precursors under the extended definition.
75. The scope of the definition, if adopted in the Customs context, would also raise issues in
relation to adequacy of the existing regulatory framework, for example in relation to licensing for
legitimate use.
Question H
(i) Is the extended definition of ‘precursor’ in the model schedule appropriate for both the
named substances and the wider group of associated forms of the named precursors?
(i) If not, is it necessary to introduce the concept of ‘immediate precursor’ in the extended
definition?
(iii) Are there substances that warrant specific inclusion in the definition of ‘precursor’,
notwithstanding that they are not in the model precursor schedule?
(iv) Is the current regulatory framework currently adequate to support the application of an
extended definition? What changes may be necessary?
I. Pure/mixed quantities
76. As noted in Part D, the model schedules for controlled precursors specify mixed quantities
for precursors. This differs from the current provisions for precursors in the Criminal Code.
77. Subsections 312.1(2) and (4) of the Criminal Code specify that offences for controlled
precursors and border controlled precursors must be proved by establishing the pure quantity of the
precursor contained in the mixture. By contrast, subsections 312.1(1) and 312.1(3) of the
Criminal Code provide that the prosecution may prove the quantity of a controlled drug or border
controlled drug (respectively) by proving that the mixture contains the specified pure quantity or, if
an amount in a mixture is specified, by proving that (gross) quantity of the mixture.
78. The model controlled precursor schedule refers only to mixed quantities. (Attachment 2.5).
As such, if the schedule were to be introduced into Commonwealth legislation, an amendment may
be required to allow the prosecution to prove the amount of the precursor by proving the gross
amount of the mixture (as currently, quantities of precursor involve proof by reference to the pure
form of the precursor). This would be consistent with the current provisions in relation to
controlled and border controlled drugs.

Question I
Is it desirable to specify pure quantities for any particular precursors?

PART V LEGISLATIVE STRUCTURE
79. Currently, the definitions and quantities of border controlled and controlled drugs, plants
and precursors rely on a comprehensive listing in Division 314 of the Criminal Code. The listing of
additional drugs, plants and precursors and different quantities may be achieved through interim
regulations (with a 12 month lifespan) under Subdivision A of Division 301 of the Criminal Code
or emergency determinations (ministerial determinations with a 28-day lifespan) under
Subdivision B of Division 301 of the Criminal Code.
Interim regulations and emergency determinations
80. The Explanatory Memorandum (EM) to the SDO Act describes the purpose behind the
creation of interim regulations and emergency determinations:
Interim regulations are designed to cater for the situation where there are reasons to justify the
temporary prescription of a substance (for up to a year) pending full consideration by experts
and the provision of expert advice to the Minister
Recent events, culminating in the Customs Amendment Act 2004, have highlighted the need for
threshold quantities to be capable of being prescribed in interim regulations. This includes
threshold quantities being prescribed for: new substances being added by interim regulations;
and for any substances that are already prescribed in proposed Division 314 but do not have
quantities prescribed.15
……..
The purpose of the emergency determination mechanism is to allow new substances to be

prescribed as controlled drugs, controlled plants, controlled precursors, border controlled drugs,
border controlled plants or border controlled precursors for the purposes of proposed Part 9.1 of
the Criminal Code. Emergency determinations can only be made where certain criteria are met
and for a finite timeframe, pending further analysis as to whether those substances should have
that classification on an indefinite basis. Recent events, culminating in the Customs Amendment
Act 2004, have highlighted the need for the emergency scheduling mechanism to also allow
threshold quantities to be prescribed both for the new substances being added and for any
substances that are already prescribed in the interim regulations but do not have quantities
prescribed.16
81. The ‘recent events’ to which the EM refers involved a situation in which large quantities of
methamphetamine (over 320kg) were imported into Australia, but offences in the Customs Act
contained no prescribed commercial quantity for the drug (only a minority of narcotics were
prescribed as commercial quantities). This anomaly was criticised by Justice Finnane of the
New South Wales District Court in R v Zhang and ors. 17 Shortly thereafter, the
Customs Amendment Act 2004 was introduced to correct the anomaly.
82. The powers to create interim regulations and emergency determinations have not been used
since they were introduced. This raises questions as to whether such mechanisms are necessary or
desirable.
15
Memorandum, page 14
16
Memorandum, pages 16-17
17
R v Zhang and ors, District Court of New South Wales, unreported, 4 December 2004

J. Options to amend legislative structure
83. Were the model drug schedules adopted by the Commonwealth, there are several options to
structure the legislative scheme in Part 9.1 of the Criminal Code. These are:
a) maintain the existing structure
b) maintain the existing structure where the majority of substances are listed by name in the
Criminal Code and enhanced by further listings from the model schedules. Maintain also
the regulation power to list further substances and quantities but extend the life of the
regulation to accommodate the longer lead times in those cases where legislative
amendment to the Code is required.
The advantage of this is that there is minimal change to the current structure and most of the
relevant information is accessible in the same legislative vehicle. The disadvantage is that
implementation of the model schedules will considerably expand the listings from 170 drugs
to over 255 if the model schedules are fully incorporated into the Criminal Code. There will
be less flexibility in relation to the listing of new substances and changes to the quantities if
listings are in the Criminal Code.
c) provide a regulation-making power in the Criminal Code to permanently list the substances
from the model schedules which fall within each of the offences in Part 9.1 in regulations,
instead of listing by name in the Criminal Code. Maintain also the power to provide for an
emergency determination with a 28-day lifespan for urgent cases.
The advantage of this approach is that it provides more flexibility and responsiveness to new
substances and quantities and avoids the need for further legislative amendment at the
expiration of the 12 month period. A similar approach is followed in other Commonwealth
legislation, for example, the Customs Act and Regulations and the Migration Act 1958 and
Regulations. The disadvantage is that the detail of which substances are listed will not be
accessible in the one legislative vehicle.
Question J
(i) Is the current legislative structure in Part 9.1, incorporating detailed listings of substances
in Division 301, suitable to meet the needs of the current and emerging illicit drug market in
Australia?
(ii) If not, should there be amendment along the lines of either option (b) or (c) above?

PART VI LEGITIMATE USE DEFENCES
K. Legitimate use defence for serious drug offences
84. Defences against serious drug offences in Part 9.1 of the Criminal Code, other than
import/export offences in Division 307, are contained in Division 313. Section 313.1 provides a
defence if a person engages in conduct in a State or Territory in which there is a law justifying or
excusing that conduct. Section 313.2 provides a defence of reasonable belief that conduct is
justified or excused by or under a law of the Commonwealth or of a State or Territory.
85. The Criminal Code does not currently have a defence for legitimate medical, industrial or
scientific and research uses. If the model schedules were implemented in Commonwealth
legislation, it may be appropriate to consider a legitimate use defence, given the significant
broadening of substances that would be classified as controlled drugs and precursors. A legitimate
use defence could cover, for example, a drug manufacturer using bulk morphine and converting it
into tablets or ampoules that are approved drug products.
86. An example of a substance which may justify a legitimate use defence is the substance
Gammabutyrolactone (GBL). GBL is currently listed as a controlled and border controlled drug but
also has legitimate industrial and manufacturing uses.
87. A legitimate use defence would require careful consideration to determine, firstly, the
substances to which it would apply, and secondly, the construction of such a defence. In
determining the application of a defence to certain substances, a threshold question might be
whether it is appropriate that a substance that is capable of licit use is criminalised.
88. In determining the construction of a defence, the broadness of its application is a relevant
consideration. For example, ‘legitimate’ is broad term and capable of wide interpretation. Should it
encompass all users of the drug, or only persons licensed or qualified to use the drug? Some
legislation, for example, section 116 of the Misuse of Drugs Act 1975 (NZ) provides that particular
professionals are exempt from the offences of dealing with, and possession of, controlled drugs.
These professionals include medical practitioners, dentists, veterinarians and pharmacists. Should
the concept of legitimate use extend to these professionals only?
89. The legislative structure of a legitimate use defence also requires consideration. For
example, should section 313.1 of the Criminal Code be amended to prescribe the specific purposes
for which the defence would apply? Alternatively, would a regulation making power be more
appropriate, so that legitimate uses could be listed in subordinate legislation so that the categories of
legitimate use could flexibly respond as further uses are identified?
Question K
(i) How should legitimate uses, for example medical, industrial or scientific uses, involving
consumption be protected?
(ii) Which substances, in addition to GBL, have legitimate medical, industry, scientific and
research applications which may require defences to be made available?
(iii) How should a legitimate use provision be constructed?

L. Legitimate use defence - plants
90. The model controlled plant schedule expands the list of categories of plants and fungi. The
collection and use of certain plants by botanists and collectors raises the question of whether there is
a need for a legitimate use defence, and on what grounds this would be available. For example,
botanists or plant collectors may have a legitimate use of cactus species where possession would
otherwise be an offence.
91. Similarly, given that all genera of cannabis are controlled plants, cultivation of any variety is
an offence against Commonwealth legislation (subject to the defence in section 313.1 of the
Criminal Code). It may be timely, in the context of considering application of the model schedules,
to consider whether a defence might be warranted to allow commercial exploitation of industrial
hemp for fibre or other legitimate uses.
Question L
Does the model schedule of controlled plants create any problems of inadvertent criminalisation,
particularly in relation to the offence of selling a controlled plant within Australia?
M. Legitimate use defence - precursors
92. The model definition of controlled precursors includes many new substances that may
currently be widely distributed and used in legitimate industry. Paragraph 64 of this discussion
paper has already drawn attention to the fact that several of the substances listed in the model
control precursor schedules have wide legitimate uses, for example, in household and health
products.
Question M
(i) Does the expanded list create any problems of inadvertent criminalisation, particularly in
relation to controlled precursor offences?
(ii) Are legitimate users of controlled precursors sufficiently protected by the requirement for
the prosecution to prove intention or belief that a controlled precursor is to be used for the
manufacture of a controlled drug?
(iii) How should a further exception be framed for those legitimate users of controlled
precursors involved in the legitimate manufacture of controlled drugs?
(iv) Would an exemption be a more appropriate mechanism to protect legitimate users of

controlled precursors than a defence?

ATTACHMENT 1: CONSOLIDATED TABLE OF SERIOUS DRUG OFFENCES IN THE CRIMINAL CODE
Division Offence Quantity Max Penalty Commercial intent
C = commercial (imprisonment)
M = marketable
A = any
302 - Trafficking controlled Domestic trafficking of a controlled drug C – 302.2 Life Yes (rebuttable presumption for more than
drugs M – 302.3 25 yrs trafficable quantity)
A - 302.4 10 yrs
303 - Commercial Cultivating controlled plants C – 303.4 Life Yes (rebuttable presumption for more than
cultivation of controlled M – 303.5 25 yrs trafficable quantity)
plants A - 303.6 10 yrs
304 - Selling controlled Selling controlled plants C – 304.1 Life Yes

plants M – 304.2 25 yrs
A - 304.3 10 yrs
305 - Commercial Manufacturing controlled drugs for a commercial C – 305.3 Life Yes (rebuttable presumption for more than
manufacture of controlled purpose M – 305.4 25 yrs trafficable quantity)
drugs A - 305.5 10 yrs
306 - Pre-trafficking Pre-trafficking a controlled precursor C – 306.2 25 yrs

controlled precursors M – 306.3 15 yrs
A - 306.4 7 yrs Yes (rebuttable presumption applies where
marketable quantity and intention to
manufacture)
307 - Import/export offences Import/export commercial quantity of border C – 307.1 Life No
controlled drugs or plants
Import/export of a border controlled drug or plant M – 307.2 25 yrs Yes (defence of no commercial intent)
with intent to sell or belief another intends to sell A – 307.3 (less than 10 yrs Yes (defence of no commercial intent)
commercial)
Import/export of a border controlled drug or plant A – 307.4 (less than 2 yrs No

commercial)

Possess unlawfully imported border controlled C – 307.5 Life No
drugs or border controlled plants M – 307.6 25 yrs Yes
A - 307.7 2 yrs No
Possess unlawfully imported border controlled C – 307.8 Life No

drugs or border controlled plants reasonably M – 307.9 25 yrs Yes
suspected of having been unlawfully imported A - 307.10 2 yrs No
Importing and exporting border controlled C – 307.11 25 yrs No

precursors M – 307.12 15 yrs Yes – defence of no commercial intent
A - 307.13 7 yrs Yes – defence of no commercial intent
308 - Possession offences Possessing a controlled drug A – 308.1 2 yrs No
Possessing a controlled precursor A – 308.2 2 yrs No
Possessing plant material, equipment or A – 308.3 7 yrs

instructions for commercial cultivation of
controlled plants
Possessing substance, equipment or instructions A – 308.4 7 yrs

for commercial manufacture of controlled drugs
309 - Offences involving Supplying controlled drugs to children A – 309.2 15 yrs

children
Supplying marketable quantities of controlled M – 309.3 Life Yes – belief that child intends to sell –
drugs to children for trafficking rebuttable presumption for trafficable quantity
Supplying controlled drugs to children for A – 309.4 25 yrs Yes – belief that child intends to sell –
trafficking rebuttable presumption for trafficable quantity
Procuring children for trafficking marketable M – 309.7 Life

quantities of controlled drugs

Procuring children for trafficking controlled A – 309.8 25 yrs
drugs
Procuring children for pre-trafficking M – 309.10 Life

marketable quantities of controlled precursors
Procuring children for pre-trafficking A – 309.11 25 yrs

marketable quantities of controlled precursors
Procuring children for importing or exporting M – 309.12 Life Defence of no commercial intent
marketable quantities of border controlled drugs
plants
Procuring children for importing or exporting A – 309.13 25 yrs Defence of no commercial intent
border controlled drugs plants
Procuring children for importing or exporting M – 309.14 Life Defence of no commercial intent
marketable quantities of border controlled
precursors
Procuring children for importing or exporting A – 309.15 25 yrs Defence of no commercial intent
border controlled precursors
310 - Harm and danger to Exposure to harm arising from unlawful A – 310.2 9 yrs
children manufacturing
Harm caused by unlawful manufacturing A – 310.3 9 yrs

ATTACHMENT 2.1: THE MODEL SCHEDULES – LIST OF CONTROLLED DRUGS
PROPOSED MODEL SCHEDULE OF CONTROLLED DRUGS - SCHEDULE I

Commercial Commercial Marketable Marketable Trafficable
(Pure) (Mixed) (pure) (mixed) (mixed)
kgs kgs kgs kgs grams

Acetorphine 2 0.5 3
Acetyl-alpha-methylfentanyl 0.005 0.00125 0.0075
Acetyldihydrocodeine 10 2.5 15
Acetylmethadol 5 1.25 15
Alfentanil 2 0.5 3
Allobarbitone 4 1 125
Allylbarbituric acid 4 1 125
Allylprodine 1 0.25 1.5
Alpha-methylfentanyl 0.005 0.00125 0.0075
Alpha-methylthiofentanyl 0.005 0.00125 0.0075
Alprazolam 1 0.25 125
5-(2-aminopropyl)indan 1 0.25 3
3-(2-aminopropyl)indole (AMT) 0.2 0.05 5
Amphecoloral
Amphetamine 0.75 1 0.1 0.5 2
Amylobarbitone 4 1 125
Androisoxazole 20 5 500
Anileridine 10 2.5 15
Aprobarbitone 4 1 125
Barbitone 4 1 125
Barbiturates (not otherwise listed in this schedule) 4 1 125
Barbituric acid 4 1 125
Benzethidine 10 2.5 15
1, 4-Benzodiazepine 2 0.5 125

Benzodiazepines (not otherwise listed in this schedule) 2 0.5 125
Benzoxazocine 4 1 100
Benzoylecgonine 1 0.25 3
Benzylmorphine (3-benzylmorphine) 5 1.25 7.5
1-Benzylpiperazine (BZP) 1 0.25 3
Beta-hydroxyfentanyl 0.005 0.00125 0.0075
Beta-hydroxy-3-methylfentanyl 0.005 0.00125 0.0075
Bezitramide 5 1.25 7.5
Bromazepam 2 0.5 125
4-Bromo-2,5-dimethoxyamphetamine 0.2 0.05 5
Bromvaletone 2 0.5 100
Bufotenine 2 0.5 50
Buprenorphine 0.04 0.01 0.06
1,4-Butanediol 2 0.5 50
Butobarbitone 4 1 125
Butorphanol 2 0.5 3
Cannabinol – oil 2 10 1 2 25
Cannabinol – resin 2 10 1 2 25
Cannabinoid – dried plant material including flowering and
fruiting tops, leaves, seeds or stalks but not including resin
or oil 2 12.5 1 2.5 250
Captodiam 2 0.5 125
Carfentanyl 0.005 0.00125 0.0075
Cathine 5 1.25 250
Cathinone 5 1.25 6
Chloral hydrate 2 0.5 100
Chlorbutol 2 0.5 100
Chlordiazepoxide 2 0.5 125

Chlormethizole 0
Chlormezanone 2 0.5 125
1-(3-Chlorophenyl)-piperazine 1 0.25 3
Clobazam 2 0.5 125
Clonazepam 2 0.5 125
Clonitazene 5 1.25 7.5
Clorazepate 2 0.5 125
Cocaine 0.75 1 0.1 0.2 2
Codeine (when in excess of 10.0 grams) 2 0.5 125
Codeine-N-oxide 10 2.5 15
Codoxime 10 2.5 15
4-Cyano-2-dimethyl-amino-4,4-diphenyl-butane
(methadone intermediate) 2 0.5 3
4-Cyano-1-methyl-4-phenylpiperidine (pethidine
intermediate A) 1 0.25 3
Cyclobarbitone 4 1 125
Delta-9-tetrahydrocannabinol (dronabinol) 4 25 1 10 25
Desomorphine 2 0.5 3
Diampromide 5 1.25 7.5
Diazepam 2 0.5 125
Diethylpropion 8 2 250
Diethylthiambutene 5 1.25 7.5
N:N-Diethyltryptamine 2 0.5 3
Difenoxin 2 0.5 100
Dihydrocodeine 10 2.5 250
Dihydrohydroxymorphine 10 2.5 250
Dihydromorphine 10 2.5 250
Dimenoxadol 10 2.5 125

Dimepheptanol 10 2.5 125
Dimethylamino-1,2-diphenylethane
N,N dimethylamphetamine
3-(1, 2-Dimethylheptyl)-1-hydroxy-7, 8, 9, 10-tetrahydro-6,
6, 9-trimethyl-6h-dibenzo (b, d) pyran (DMHP) 2 0.5 3
Dimethylthiambutene 5 1.25 7.5
N:N-Dimethyltryptamine 2 0.5 3
Dioxaphetylbutyrate 2 0.5 3
Diphenoxylate B127 2 0.5 125
Dipipanone 10 2.5 125
Drotebanol 1 0.25 3
Ecgonine, 1 0.25 3
Ephedrine 5 1.25 10
Ergotamine 0.1 0.025 3
Ethchlorvynol 2 0.5 125
Ethinamate 2 0.5 125
Ethyloestronol 20 5 500
4,5-Ethylenedioxy-3-methoxyamphetamine
Ethylmethylthiambutene 5 1.25 7.5
Ethylmorphine 2 0.5 3
N-Ethyl-1-phenylcyclohexylamine 0.4 0.1 0.0075
Eticyclidine (PCE) 0.004 0.001 0.0075
Etonitazene 5 1.25 7.5
Etorphine 5 1.25 7.5
Etoxeridine 5 1.25 7.5
Fenethylline 2 0.5 3
Fentanyl 0.005 0.00125 0.0075
Flunitrazepam 1.5 0.6 30

Fluoxymesterone 20 5 500
Flurazepam 2 0.5 125
Furethidine 1 0.25 1.5
Gamma-butyrolactone 2 0.5 50
Glutethimide 4 1 250
Harmaline 5 1.25 20
Harmine 5 1.25 20
Harmines (not otherwise listed in this Schedule) 5 1.25 20
Heptabarbitone 4 1 125
Heroin (diacetylmorphine/diamorphine) 0.75 1 0.1 0.2 2
Hexobarbitone 4 1 125
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9- trimethyl-6H-
dibenzo (b,d)pyran 4 25 1 10 25
Hydrocodone 2 0.5 3
Hydromorphinol 2 0.5 3
Hydromorphone 2 0.5 3
Hydroxyamphetamine 5 1.25 6
4-Hydroxybutanoic acid, (GHB) 2 0.5 50
Hydroxyfentanyl 0.005 0.00125 0.0075
Hydroxy-3-methylfentanyl 0.005 0.00125 0.0075
Hydroxypethidine 1 0.25 3
Isomethadone 2 0.5 3
Ketamine 2 0.5 6
Ketobemidone 2 0.5 3
Levorphanol 1 0.25 1.5
Lorazepam 2 0.5 125
Lysergamide 0.02 0.005 0.003
Lysergic acid 0.02 0.005 0.003

Lysergic acid diethylamide (LSD) 0.02 0.005 0.003
Lysergide 0.02 0.005 0.003
Mecloqualone 5 1.25 15
Medazepam 2 0.5 125
Meprobamate 2 0.5 125
Meprodine 1 0.25 1.5
Mescaline (3,4,5-Trimethoxyphenethylamine) 0.2 0.05 2
Mestanolone 20 5 500
Metazocine 7 1.75 125
Methadol 5 1.25 15
Methadone 20 4 400
Methandriol 10 2 200
Methaqualone 5 1.25 7.5
Methbarbitone 4 1 125
Methcathinone 5 1.25 6
Methorphan 2 0.5 3
1-(4-Methoxyphenyl)-piperazine 1 0.25 3
4-methylaminorex 1 2.5 0.25 1.25 6
Methylamphetamine (Methamphetamine) 0.75 1 0.1 0.5 2
Methyldesorphine 2 0.5 3
Methyldihydromorphine 2 0.5 3
3,4-Methylenedioxyamphetamine (MDA) 0.75 1 0.1 0.5 2
3,4-Methylenedioxymethylamphetamine (MDMA) 0.75 1 0.1 0.5 2
3,4-methylenedioxy-n-ethylamphetamine (MDEA) 0.75 1 0.1 0.5 2
3-Methylfentanyl 0.005 0.00125 0.0075
2-Methyl-3-morpholino-1,1-diphenylpropane carboxylic
acid (Moramide intermediate) 2 0.5 3
Methylpentynol 2 0.5 125

Methylphenidate 2 0.5 3
Methylphenobarbitone 4 1 125
1-Methyl-4-phenylpiperidine-4-carboxylic acid (Pethidine
intermediate C) 1 0.25 3
1-Methyl-4-phenyl-4-propionoxypiperidine 1 0.25 3
3-Methylthiofentanyl 0.005 0.00125 0.0075
Methyprylone 4 1 125
Metopon 2 0.5 3
Mibolerone 20 5 500
Midazolam 2 0.5 125
Mitragynine
Monoacetylmorphine 1.5 0.6 30
Moramide 1.5 0.6 30
Morphan 1.5 0.6 30
Morpheridine 1.5 0.6 30
Morphine 1 0.2 20
Morphine methobromide 1.5 0.6 30
Morphine-N-oxide 1.5 0.6 30
Morphinone 1.5 0.6 30
Muscimol 2 0.5 125
Myrophine 20 5 30
Nabilone 0.4 0.1 0.6
Nalbuphine 2 0.5 125
Nealbarbitone 4 1 125
Nicocodine 4 1 500
Nicodicodine 4 1 500
Nicomorphine 4 1 500
Nitrazepam 2 0.5 125

7-Nitro1,4-benzodiazipine 2 0.5 125
Noracylmethadol 2 0.5 3
Noracymethadol 5 1.25 15
Norcodeine 4 1 500
Norlevorphanol 1 0.25 1.5
Normethadone 5 1.25 7.5
Normorphine 20 5 30
Norpipanone 10 2.5 15
Opium 4 1 30
Oxandrolone 20 5 500
Oxazepam 2 0.5 125
Oxycodone 5 1.25 7.5
Oxymorphone 2 0.5 3
Paraflurofentanyl 0.005 0.00125 0.0075
Parahexyl 0.2 0.05 5
Paraldehyde 2 0.5 125
Paramethoxyamphetamine (4-Methoxyamphetamine or
PMA) 0.75 1 0.1 0.5 2
Paramethoxymethamphetamine (PMMA) 0.75 1 0.1 0.5 2
Pentazocine 5 1.25 125
Pentobarbitone 4 1 125
Pethidine 1 0.2 20
Phenacylmorphan 4 1 250
Phenadoxone 10 2.5 15
Phenampromide 10 2.5 15
Phenazocine 1 0.25 1.5
Phencyclidine 0.004 0.001 0.0075
Phendimetrazine 10 2.5 15

Phenethylamines (not otherwise listed in this Schedule) 0.75 1 0.1 0.5 2
Phenmetrazine 5 1.25 7.5
Phenobarbitone 4 1 125
Phenomorphan 5 1.25 7.5
Phenoperidine 5 1.25 7.5
Phentermine 4 1 125
1-(1-phenylcyclohexyl) pyrrolidine 0.004 0.001 0.0075
1-Phenylethyl-4-acetoxypiperidine 0.004 0.001 0.0075
1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP)
Phenylmethyl barbituric acid 4 1 125
4-Phenylpiperidine-4-carboxylic acid ethyl ester 1 0.25 3
Phenylpropanolamine 5 1.25 6
Pholcodine 5 1.25 7.5
Piminodine 10 2.5 15
Pipradrol 5 1.25 6
Piritramide 1 0.25 1.5
Prazepam 2 0.5 125
Prodine 1 0.25 1.5
Proheptazine 1 0.25 1.5
Properidine 28 7 40
Propiram 2 0.5 3
Propoxyphene 2 0.5 250
Pseudoephedrine 5 1.25 10
Psilocin (3(2-Dimethylamioethyl)-4-hydroxyindole) 1 0.25 100
Psilocybin 1 0.25 100
Quinalbarbitone 4 1 125
Remifentanil 0.2 0.05 0.3
Rolicyclidine (PHP or PCPY) 0.004 0.001 0.0075

Salvinorin A 0.2 0.05 5
Secbutobarbitone 4 1 125
Steroids both Anabolic and Androgenic, other than in
animal implants and otherwise not listed in this schedule 20 5 500
Sufentanil 0.005 0.00125 0.0075
Talbutal 2 0.5 125
Temazepam 2 0.5 125
Tenocyclodine (TCP) 0.004 0.001 0.0075
Tetrahydrocannabinol 4 25 1 10 25
Thebacon 2 0.5 3
Thebaine 2 0.5 3
Thiambuten 5 1.25 7.5
1-(1-(2-thienyl) cyclohexyl)-piperidine 0.004 0.001 0.0075
Thiofentanyl 0.005 0.00125 0.0075
Tilidine 1 0.25 3
Triazolam 2 0.5 125
Triclofos 2 0.5 125
1-(3-Trifluoromethylphenyl)-piperazine (TFMPP) 1 0.2 2
Trimeperidine 10 2.5 15
Tryptamines (not otherwise listed in this Schedule) 1 0.2 2
Vinbarbitone 4 1 125

ATTACHMENT 2.2: THE MODEL SCHEDULES – DEFINITIONS OF
CONTROLLED DRUGS, CONTROLLED PLANTS AND CONTROLLED
PRECURSORS
Definitions:
Schedule I: controlled drugs

A ‘drug’ means any substance:
(a) specified in Schedule I: Controlled Drugs
and includes:
(b) any form of a drug specified in Schedule I: Controlled Drugs whether natural or
synthetic, and the salts, derivatives and isomers of that drug and any salt of those
derivatives and isomers; or
(c) any drug specified in, or drug included in a class of drug specified in Schedule I:
Controlled Drugs whether natural or synthetic, and the salts, derivatives and isomers
of that drug and any salt of those derivatives and isomers; or
(d) any analogue in relation to a drug listed in Schedule I: Controlled Drugs, which
includes any substance having a substantially similar chemical structure to the drug,
but differing in elemental composition due to the addition, deletion or replacement
of any substituent element or groups; or
(e) any homologue in relation to a drug listed in Schedule I: Controlled Drugs, which
includes any substance which differs from that drug by one or more carbon
containing groups (including methylene groups) in the chemical structure; or
(f) any drug contained in or mixed with another substance.
NB. Derivative – means a substance or compound made from another substance or

compound
Schedule II: controlled plants

A ‘plant’ means any substance:
(a) specified in Schedule II: Controlled Plants;
and includes
(b) a cutting of such plants whether or not the cutting has roots.
‘capsule’ means a seed pod

‘Cultivate’ includes:
(a) to sow a seed of a Schedule II controlled Plant; or
(b) plant, grow, tend, nurture or harvest a Schedule II Controlled Plant; or
(c) graft, divide or transplant a Schedule II Controlled Plant.
‘Enhanced cultivation’ means cultivation of a plant that involves any one or more of the
following:
(a) the nurture of the plant in nutrient enriched water (with or without mechanical
support);
(b) the application of an artificial source of light or heat,
(c) suspending the plant’s roots and spraying them with nutrient solution.
Schedule III: controlled precursors
A ‘precursor’ means any substance:
(a) listed in Schedule III: Controlled Precursors; or
(b) any preparation, admixture, extract or other substance containing any proportion
of a precursor specified in Schedule III: Controlled Precursors and including all:
i. salts;
ii. isomers
iii. esters;
iv. ethers;
v. ketals;
vi. acetals;
vii. acetates;
viii. hydroxides;
ix. oximes;
x. amides;
xi. imines;
xii. acid chlorides;
xiii. nitriles;
xiv. anhydrides;
xv. halogen substituent;
xvi. epoxides and
xvii. diols; and
xviii. any other analogues or derivatives
of a precursor specified in Schedule III: Controlled Precursors.

ATTACHMENT 2.3: 15 CONTROLLED DRUGS LISTED IN SECTION 314.1 OF THE CRIMINAL CODE
SHOWING CURRENT LIMITS FOR TRAFFICABLE, MARKETABLE AND COMMERCIAL QUANTITIES WITH THE LIMITS PROPOSED UNDER THE MODEL
SCHEDULES
Drug trafficable quantity (grams) marketable quantity (grams) commercial quantity (grams)
Existing Model Existing Model Existing Existing Model Existing
controlled controlled border controlled border
drug offence drug offence controlled drug offence controlled
drug offence drug offence
Amphetamine 2 2 250 100 (p) 2 750 750 (p) 750
500 (m) 1 000 (m)
Cannabis 250 250 25 000 1 000 (p) 25,000 250000 2000 (p) 100000
2 500 (m) 1 2500 (m)
Cannabis resin 20 25 25 000 1 000 (p) 20 125000 2 000 (p) 50 000
2 000 (m) 10 000 (m)
Cocaine 2 2 250 100 (p) 2 2 000 750 (p) 2 000
200 (m) 1 000 (m)
Gammabutyrolactone GBL 0.5 50 250 500(m) 2 1 000 2 000(m) 1 000
4-Hydroxybutanoic acid GHB 0.5 50 250 500(m) 2 1 000 2 000(m) 1 000
Heroin (diacetylmorphine) 2 2 250 100 (p) 2 1 500 750 (p) 1 500
200 (m) 1 000 (m)
Lysergide LSD 0.002 0.003 0.05 5(m) 0.002 2 20(m) 2
Methamphetamine 2 2 250 100 (p) 2 750 750 (p) 750
500 (m) 1 000 (m)
3,4-Methylenedioxyamphetamine 0.5 2 100 100 (p) 0.5 750 750 (p) 750
MDA 500 (m) 1 000 (m)
3,4- 0.5 2 100 100 (p) 0.5 500 750 (p) 500
Methylenedioxymethamphetamine 500 (m) 1 000 (m)
MDMA
Opium 20 30 10 000 1 000(m) 20 20 000 4 000(m) 20 000
Psilocine 2 100 1 000 250(m) 0.1 2 000 1 000(m) 100
Psilocybine 2 100 1 000 250(m) 0.1 2 000 1 000(m) 100
Tetrahydrocannibinol THC 2 25 1 000 1 000 (p) 2 5 000 4 000 (p) 5 000
10 000 (m) 25 000 (m)
p = pure quantity m = mixed quantity

ATTACHMENT 2.4: THE MODEL SCHEDULES – LIST OF CONTROLLED PLANTS
Proposed Model Schedule of Controlled Plants – Schedule II (Part A & Part B)
Part A
Item Controlled Plant Commercial Marketable Trafficable

quantity quantity quantity
(weight and/or (weight and/or (weight and/or
number of number of number of
plants) plants) plant
1. any plant of the genus Cannabis L 500 plants or 125kgs 100 plants or 25kgs 10 plants or 250grams
1a. Any fresh or dried part of a plant of the genus 12.5kg 2.5kg 250g
Cannabis L
2. Enhanced cultivation of any plant of the genus 250 plants or 62.5kgs 50 plants or 12.5kgs 5 plants or 125grams
Cannabis L
3. any plant of the genus Erythroxylum P. Browne) from 800 kgs 80 kgs 800 grams
which cocaine can be extracted either directly or by
chemical transformation, including Erythroxylum coca
Lam and Erythroxylum nova-granatense
4. Papaver bracteatum Lindley 10,000 plants or 1000 1000 plants or 100 kgs 100 plants or
kgs or 30,000 capsules or 3000 capsules 1000grams or 300
capsules
5. Papaver somniferum L. 10,000 plants or 1000 1000 plants or 100 kgs 100 plants or
kgs or 30,000 capsules or 3000 capsules 1000grams or 300
capsules
6. all fungi that contain PSILOCIN 10kgs 2.5kgs 1000grams
7. all fungi that contain PSILOCYBIN 10kgs 2.5kgs 1000grams
Part B
Item Controlled Plant Commercial Marketable Trafficable

quantity quantity quantity
(weight and/or (weight and/or (weight and/or
number of number of number of
plants) plants) plant
8. any plant containing MESCALINE including any plant - - -
of the genus Lophophora
9. any plant containing DMT including any plant of the - - -
species Piptadenia Peregrine
10. Salvia divinorum EPL. & Jativa (Diviners Sage) - - -
11. Mitragyna speciosa Korth (Krantom) - - -
12. Catha edulis Forsk (Khat) 5kgs 2.5kgs 250grans
13. Any species of the genus Ephedra which contains 200kgs 50kgs 10kgs
ephedrine
14. Any species of the genus Brugmansia Pers. - - -
15. Any species of the genus Datura L. - - -
Draft Model Drug Schedule Discussion Paper 38 of 41

ATTACHMENT 2.5: THE MODEL SCHEDULES – LIST OF CONTROLLED
PRECURSORS
PROPOSED MODEL SCHEDULE OF

CONTROLLED PRECURSORS -
SCHEDULE III X4 x 10
Commercial Marketable Trafficable
(Mixed) (mixed) (mixed)
kgs / Ltrs kgs / Ltrs grams / mls
50 gms
Acetaldehyde 2 kgs 0.5 kg
Acetic anhydride 4 ltrs 1 ltrs 100 mls
N-Acetylanthranilic acid 500 gms
20 kgs 5 kgs
Allylbenzene 1 ltr 0.25 ltr 25 ml
Allylpyrocatechol 10 mls
0.4 ltr 0.1 ltr
Alpha-phenylacetoacetonitrile 50 gms
2 kgs 0.5 kg
4-Amino-butanoic acid 6 kgs 1.5 kgs 150 gms
Ammonia 6 kgs 1.5 kgs 150 gms
Ammonium formate 2 kgs 0.5 kg 50 gms
Anthranilic acid 20 kgs 5 kgs 500 gms
Benzaldehyde 50 mls
2 ltrs 0.5 ltr
1,3-Benzodioxole 25 mls
1 ltr 0.25 ltr
Benzyl bromide 50 mls
2 ltrs 0.5 ltr
Benzyl chloride 50 mls
2 ltrs 0.5 ltr
Boron tribromide 1 ltr 0.25 ltr 25 ml
Bromobenzene 2 ltrs 0.5 ltr 50 mls
5-Bromo-1,3-benzodioxole 1 ltr 0.25 ltr 25 mls
Bromo safrole 5 mls
0.2 ltr 0.05 ltr
1,4-Butanediol 6 ltrs 1.5 ltrs 150 mls
Calcium 25 gms
1 kg 0.25 kg
1-Chlorophenyl-2-aminopropane 1 kg 0.25 kg 25 gms
Chromic acid 10 mls
0.4 ltr 0.1 ltr
Chromium trioxide 10 gms
0.4 kg 0.1 kg
Ephedrine 25 gms
1 kg 0.25 kg
Ergometrine 0.005 gm
0.0002 kg 0.00005 kg
Ergotamine 0.5 gms
0.02 kg 0.005 kg
Ethanamine 2 ltrs 0.5 ltr 50 mls
Ethyl phenyl acetate 50 gms
2 kgs 0.5 kg
N-Ethylephedrine 1 kg 0.25 kg 25 gms
N-Ethylpseudoephedrine 1 kg 0.25 kg 25 gms
Eugenol 0.4 ltr 0.1 ltr 10 mls

Formaldehyde 150 gms
6 kgs 1.5 kgs
Formamide 50 mls
2 ltrs 0.5 ltr
Gamma butyrolactone 6 ltrs 1.5 ltrs 150 mls
Gamma hydroxybutanoic acid 6 ltrs 1.5 ltrs 150 mls
Hydriodic acid 100 mls
4 ltrs 1 ltr
Hydrobromic acid 25mls
1 ltr 0.25 ltr
Hydrogen 150 gms
6 kgs 1.5 kgs
Hydrogen chloride 150 gms
6 kgs 1.5 kgs
Hydrogen sulfide 6 kgs 1.5 kgs 150 gms
4-Hydroxybutanal 150 mls
6 ltrs 1.5 ltrs
4-Hydroxy-butanoic acid lactone 6 ltrs 1.5 ltrs 150 mls
4-Hydroxy-butanoic acid nitrile 150 mls
6 ltrs 1.5 ltrs
4-Hydroxy pentanoic acid 150 mls
6 ltrs 1.5 ltrs
2-Hydroxytetrahydrofuran 150 mls
6 ltrs 1.5 ltrs
Hypophosphite salts 25 gms
1 kg 0.25 kg
Hypophosphorous acid 1 ltr 0.25 ltr 25mls
Iodine 25 gms
1 kg 0.25 kg
Isosafrole 0.4 ltr 0.1 ltr 10 mls
Lithium 25 gms
1 kg 0.25 kg
Lithium aluminium hydride 5 gms
0.2 kg 0.05 kg
Lysergic acid 0.005 gm
0.0002 kg 0.00005 kg
Magnesium 1 kg 0.25 kg 25 gms
Mandellic acid 2 kgs 0.5 kg 50 gms
Mercuric chloride 0.1 gm
0.004 kg 0.001 kg
Mercury 0.1 gm
0.004 kg 0.001 kg
Methcathinone 1 kg .25kg 25gms
Methylamine 2 ltrs 0.5 ltr 50ml
Methylammonium salts 1 kg 0.25 kg 25 gms
3,4-methylenedioxyphenylacetic acid 10 gms
0.4 kg 0.1 kg
3,4--Methylenedioxyphenylpropan-2-one (PMK) 0.2 kg 0.05 kg 5 gms
N-Methylformamide 50ml
2 ltrs 0.5 ltr
N-Methyl ephedrine 1 kg 0.25 kg 25 gms
Methyl phenylacetate 50 gms
2 kgs 0.5 kg
N-Methylpseudoephedrine 1 kg 0.25 kg 25 gms
Methylstyrene
2 ltrs 0.5 ltr 50 mls
Nitroethane 50 mls
2 ltrs 0.5 ltr

Nitromethane 2 ltrs 0.5 ltr 50 mls
Norpseudoephedrine 1 kg 0.25 kg 25 gms
Palladium 0.5 gm
0.02 kg 0.005 kg
Phenylacetamide 50 gms
2 kgs 0.5 kg
Phenylacetic acid 50 gms
2 kgs 0.5 kg
Phenylacetonitrile 50 mls
2 ltrs 0.5 ltr
Phenylacetyl chloride 50 mls
2 ltrs 0.5 ltr
Phenylalanine 50 gms
2 kgs 0.5 kg
1-Phenyl -2- bromopropane 50 gms
2 kgs 0.5 kg
1-Phenyl-2-chloropropane 50 gms
2 kgs 0.5 kg
1-Phenyl -2- iodopropane 50 gms
2 kgs 0.5 kg
1-Phenyl-2-nitropropene 1 kg 0.25 kg 25 gms
Phenylpropanolamine 50 gms
2 kgs 0.5 kg
1-Phenyl-2-propanol 1 ltr 0.25 ltr 25 ml
1-Phenyl-1-Propanone 25 ml
1 ltr 0.25 ltr
1-Phenyl-2-propanone (BMK) 1 ltr 0.25 ltr 25 ml
1-Phenyl-2-propanone oxime 1 kg 0.25 kg 25 gms
Phosphorus 10 gms
0.4 kg 0.1 kg
Phosphorous acid 25 ml
1 ltr 0.25 ltr
Piperidine 5 gms
0.2 kgs 0.05 kg
Piperonal 10 gms
0.4 kg 0.1kg
Platinum 0.02 kg 0.005 kg 0.5 gm
Potassium 25 gms
1 kg 0.25 kg
Propionic anhydride 5 mls
0.2 ltr 0.05 ltr
Pseudoephedrine 1 kg 0.25 kg 25 gms
Pyridine 4 ltrs 1 ltr 100 mls
2-Pyrrolidone 6 ltrs 1.5 ltrs 150 mls
Raney nickel 0.2 kgs 0.05 kg 5 gms
Safrole 0.4 ltr 0.1 ltr 10ml
Sassafras oil 0.4 ltr 0.1 ltr 10ml
Sodium 1 kg 0.25 kg 25 gms
Sodium bis(2-methoxyethoxy) aluminium hydride 0.2 kgs 0.05 kg 5 gms
Sodium borohydride 0.2 kgs 0.05 kg 5 gms
Sodium cyanoborohydride 0.2 kgs 0.05 kg 5 gms
Thionyl chloride 1 kg 0.25 kg 25 gms
Thorium 4 kgs 1 kg 10 gms

Discussion Paper - Implementation of Model Schedules For Commonwealth Serious Drug Offences

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Discussion Paper - Implementation of Model Schedules For Commonwealth Serious Drug Offences

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Implementation of model schedules for

Model Drug Schedule Discussion Paper 1 of 41

Development of model offences

2. In 1990, the Standing Committee of Attorneys-General (SCAG) established a committee to

Development of model schedules

6. In February 2005, the Intergovernmental Committee on Drugs Scheduling Working Party on

Model Drug Schedule Discussion Paper 2 of 41

Commonwealth serious drug offences

Model Drug Schedule Discussion Paper 3 of 41

Structure of the discussion paper

Model Drug Schedule Discussion Paper 4 of 41

Model Drug Schedule Discussion Paper 5 of 41

Border controlled drug offences Division

Controlled drug offences Division

 a listing of 15 named substances, and

 an extended definition of the substances which includes

 a listing of 155 named substances, and

 an extended definition of the substances which includes

Model Drug Schedule Discussion Paper 6 of 41

B. Single schedule for border controlled and controlled drugs

Model Drug Schedule Discussion Paper 7 of 41

Certain substances appear in both the drug and precursor lists

39. If the model schedules were to be adopted in Commonwealth legislation, it would be

Model Drug Schedule Discussion Paper 8 of 41

Quantity Drugs Precursors

Commercial Life/7500 penalty units* 25 years/5000 penalty units*

Marketable 25 years/5000 penalty units* 15 years/3000 penalty units*

Less than marketable 10 years/2000 penalty units* 7 years/1400 penalty units*

Model Drug Schedule Discussion Paper 9 of 41

… methylamphetamine has a marketable pure quantity of 0.1kg. At an average street level

Model Drug Schedule Discussion Paper 10 of 41

In other words, an offence in relation to possession of methylamphetamine can be prosecuted

Model Drug Schedule Discussion Paper 11 of 41

Border controlled plant offences Division

Controlled plant offences Division

Model Drug Schedule Discussion Paper 12 of 41

Model Drug Schedule Discussion Paper 13 of 41

Border controlled precursor offences Division

Importing or exporting border controlled precursors 307

Controlled precursor offences Division

 Customs Regulations might require consequential amendment

Model Drug Schedule Discussion Paper 14 of 41

Model Drug Schedule Discussion Paper 15 of 41

74. If the definition is to be flexibly applied at an administrative level, it may be appropriate to

Model Drug Schedule Discussion Paper 16 of 41

Is it desirable to specify pure quantities for any particular precursors?

Model Drug Schedule Discussion Paper 17 of 41

Interim regulations and emergency determinations

The purpose of the emergency determination mechanism is to allow new substances to be

Model Drug Schedule Discussion Paper 18 of 41

a) maintain the existing structure

Model Drug Schedule Discussion Paper 19 of 41

K. Legitimate use defence for serious drug offences

(iii) How should a legitimate use provision be constructed?

Model Drug Schedule Discussion Paper 20 of 41

M. Legitimate use defence - precursors

(iv) Would an exemption be a more appropriate mechanism to protect legitimate users of

Model Drug Schedule Discussion Paper 21 of 41

304 - Selling controlled Selling controlled plants C – 304.1 Life Yes

306 - Pre-trafficking Pre-trafficking a controlled precursor C – 306.2 25 yrs

Import/export of a border controlled drug or plant A – 307.4 (less than 2 yrs No

Model Drug Schedule Discussion Paper 22 of 41