Criminal Code Act 1995

A substance is a drug analogue of a listed controlled drug, or a listed border controlled drug, if the substance is any of the following in relation to the listed drug (or in relation to a primary analogue of the listed drug), however the substance is obtained:

one of the following (a primary analogue):

a stereoisomer;

a structural isomer having the same constituent groups;

an alkaloid;

a structural modification obtained in one or more of the following ways:

by the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures;

by the addition of hydrogen atoms to one or more unsaturated bonds;

by the replacement of one or more of the groups or atoms specified in subsection (2) with one or more of the other groups or atoms specified in that subsection;

by the conversion of a carboxyl or an ester group into an amide group;

any other homologue, analogue, chemical derivative or substance substantially similar in chemical structure.

Some substances are taken, for the purposes of this Part, to be drug analogues only in relation to particular offences against this Part, or particular elements of those offences: see subsection 301.4(3).

The following groups and atoms are specified:

alkoxy, cyclic diether, acyl, acyloxy, mono‑amino or dialkylamino groups with up to 6 carbon atoms in any alkyl residue;

alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the group, where the group is attached to oxygen (for example, an ester or an ether group), nitrogen, sulphur or carbon;

halogen, hydroxy, nitro or amino groups;

hydrogen atoms.

However:

a drug analogue of a listed controlled drug does not include a substance that is itself a listed controlled drug; and

a drug analogue of a listed border controlled drug does not include a substance that is itself a listed border controlled drug.

In this section: