posted on Mar, 8 2011 @ 09:23 PM
These are questions that the Minister would like answered in submissions.
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?
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?
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?
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?
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?
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?
Question I
Is it desirable to specify pure quantities for any particular precursors
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?
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?
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?
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?