Drug Misuse and Trafficking Amendment Regulation 2008 (NSW)

2008 No 552

New South Wales

Drug Misuse and Trafficking

Amendment Regulation 2008

under the

Drug Misuse and Trafficking Act 1985

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Drug Misuse and Trafficking Act 1985.

JOHN HATZISTERGOS, M.L.C.,

Attorney General

Explanatory note
Schedule 4 to the Criminal Legislation Amendment Act 2007 (which is to commence on the same day as this Regulation), among other things, makes the following amendments to the Drug Misuse and Trafficking Act 1985:

(a)

section 24A of that Act is amended to provide that a person who has possession of a precursor (being a substance specified or described in the regulations as a precursor for the purposes of the section), or a drug manufacture apparatus (being an apparatus specified or described in the regulations as a drug manufacture apparatus for the purposes of the section), intended by the person for use in the manufacture or production, by that person or another person, of a prohibited drug is guilty of an offence,

(b)

section 24B is inserted into that Act to provide that a person who has in his or her possession a precursor (being a substance that is capable of being used to manufacture or produce a prohibited drug and that is specified or described in the regulations as a precursor for the purposes of the section) of a quantity not less than the quantity prescribed by the regulations in relation to that precursor is guilty of an offence.

The object of this Regulation is to amend the Drug Misuse and Trafficking Regulation 2006
so as:

(a)	to specify a list of substances as precursors, and a list of apparatus as drug manufacture apparatus, for the purpose of the amended section 24A, and
(b)	to specify a list of substances as precursors, and prescribe quantities for those precursors, for the purposes of new section 24B.

This Regulation is made under the Drug Misuse and Trafficking Act 1985, including sections

24A, 24B and 45 (the general regulation-making power).

Published in Gazette No 155 of 5 December 2008, page 11721	Page 1
2008 No 552
Clause 1	Drug Misuse and Trafficking Amendment Regulation 2008

Drug Misuse and Trafficking Amendment Regulation

2008

under the

Drug Misuse and Trafficking Act 1985

1      Name of Regulation

This Regulation is the Drug Misuse and Trafficking Amendment
Regulation 2008.

2      Commencement

This Regulation commences on 12 December 2008.

3 Amendment of Drug Misuse and Trafficking Regulation 2006

The Drug Misuse and Trafficking Regulation 2006 is amended as set out in Schedule 1.

2008 No 552

Drug Misuse and Trafficking Amendment Regulation 2008

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 9 Precursors and drug manufacture or production apparatus

Omit “Schedule 1” from clause 9 (1). Insert instead “Schedules 1 and 2”.

[2]      Clause 9 (1A)–(1C)

Insert after clause 9 (1):

(1A)	The types of apparatus listed in Schedule 3 are specified as drug manufacture apparatus for the purposes of section 24A of the Act.
(1B)	The substances listed in Column 1 of Schedule 4 are specified as precursors for the purposes of section 24B of the Act.
(1C)	The quantities specified in Column 2 of Schedule 4 in relation to the substances specified in Column 1 of the Schedule are prescribed for the purposes of section 24B of the Act

[3]      Clause 10 Sales and storage of Schedule 1 precursors

Omit “paragraph (b) or (c)” from paragraph (a) of the definition of Schedule
1 precursor in clause 10 (9).

Insert instead “paragraph (b), (c) or (d)”.

[4]      Clause 10 (9), definition of “Schedule 1 precursor”

Insert after paragraph (c):

(d) Anethole.

[5]      Schedule 1, heading

Omit the heading. Insert instead:

Schedule 1 Precursors—section 24A and
clause 10

[6]      Schedule 1

Insert in alphabetical order in the Schedule:

Anethole

2008 No 552

Drug Misuse and Trafficking Amendment Regulation 2008

Schedule 1 Amendments

[7]      Schedule 2, heading

Omit the heading. Insert instead:

Schedule 2 Precursors—section 24A and
clause 11

[8]      Schedule 3, heading

Omit the heading. Insert instead:

Schedule 3 Drug manufacture or production
apparatus—section 24A and
clause 11A

[9]      Schedule 4

Insert after Schedule 3:

Schedule 4 Precursors—section 24B

(Clause 9)

Column 1	Column 2
Substance	Quantity
Acetic anhydride	1.0L
4-Amino butanoic acid (also known as Piperidinic acid)	1.5kg
Anethole	0.1L
Boron tribromide	0.25L
Bromobenzene	0.5L
Bromo safrole	0.05L
1-Chloro-1-phenyl-2-aminopropane	0.25kg
Ethyl phenyl acetate	0.5kg
Gamma hydroxybutanoic acid (including salts) (also known as	1.5L
Gamma hydroxybutyric acid)
Hydriodic acid	1.0L
4-Hydroxybutanal (also known as 4-Hydroxybutyraldehyde)	1. 5L

2008 No 552

Drug Misuse and Trafficking Amendment Regulation 2008

Amendments Schedule 1

Column 1	Column 2
Substance	Quantity
4-Hydroxy-butanoic acid nitrile (also known as	1.5L
4-Hydroxybutyronitrile)
4-Hydroxy-pentanoic acid (also known as Gamma	1.5L
valerolactone)
2-Hydroxytetrahydrofuran (also known as	1.5L
Tetrahydro-2-furanol)
Hypophosphite salts	0.25kg
Hypophosphorous acid	0.25L
3,4-Methylenedioxyphenylpropan-2-one (also known as	0.05kg
3,4-Methylenedioxy-phenyl-2-propanone)
N-Methylephedrine	0.25kg
Methyl phenylacetate	0.5kg
N-Methylpseudoephedrine	0.25kg
Norpseudoephedrine	0.25kg
Phenylacetamide	0.5kg
Phenylacetic acid	0.5kg
Phenylacetonitrile	0.5L
Phenylacetyl chloride	0.5L
1-Phenyl-1-propanone (also known as Phenylethylketone,	0.25L
Propiophenone)
Phosphorus (red or white)	0.1kg
Phosphorous acid (also known as Phosphonic acid)	0.25L
Piperonal (also known as 3,4-Methylenedioxy-benzaldehyde	0.1kg
or Heliotopine)
Pyridine	1.0L
2-Pyrrolidone (also known as Gamma butyrolactam)	1.5L
Safrole (also known as 5-(2-Propenyl)-1,3-Benzodioxide)	0.1L
Sassafras oil	0.1L

BY AUTHORITY