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CUSTOMS ACT 1901 - SECT 112A

Certain controlled substances taken to be prohibited exports

  (1)   Subsection   (2) applies if a substance or plant is a border controlled drug or a border controlled plant because of a determination made under section   301.13 of the Criminal Code (which deals with emergency Ministerial determinations of serious drugs).

Note:   Border controlled drug and border controlled plant have the same meaning as in Part   9.1 of the Criminal Code (see subsection   4(1) of this Act). In that Part, those terms include substances or plants that are, under section   301.13 of the Criminal Code , taken, for the purposes of the Part, to be border controlled drugs or border controlled plants only in relation to particular offences against the Part, or particular elements of those offences.

  (2)   For the period during which the determination has effect, Part   1 of Schedule   8 to the Customs (Prohibited Exports) Regulations   1958 has effect as if the substance or plant were described as a drug in that Part.

  (3)   Subsection   (4) applies if a substance is a border controlled precursor because of a determination made under section   301.14 of the Criminal Code (which deals with emergency Ministerial determinations of serious drug precursors).

Note:   Border controlled precursor has the same meaning as in Part   9.1 of the Criminal Code (see subsection   4(1) of this Act). In that Part, that term includes substances that are, under section   301.14 of the Criminal Code , taken, for the purposes of the Part, to be border controlled precursors only in relation to particular offences against the Part, or particular elements of those offences.

  (4)   For the period during which the determination has effect, Part   1 of Schedule   9 to the Customs (Prohibited Exports) Regulations   1958 has effect as if the substance were described as a precursor substance in that Part.


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