Criminal Code Act 1995

A border controlled plant is a growing plant:

listed by a regulation as a border controlled plant; or

determined by the AFP Minister as a border controlled plant under section 301.13 (which deals with emergency determinations of serious drugs).

Some conditions must be satisfied before:

a regulation can be made for paragraph (a) (see section 301.7); or

a determination can be made for paragraph (b) (see subsection 301.13(2)).

However:

the regulations may provide that a listed border controlled plant is taken, for the purposes of this Part, to be a border controlled plant only in relation to particular offences against this Part, or particular elements of those offences; and

if the regulations so provide, then the listed border controlled plant is taken, for the purposes of this Part, to be a border controlled plant only in relation to those offences or elements.