See Here: The Customs "Analogue Clause"

[Thelema]

In schedule VI of the Customs Act (1901), right at the end of the schedule:

A substance ("drug analogue") which is, in relation to another substance (being a substance specified elsewhere in this Schedule, or a stereoisomer, a structural isomer (with the same constituent groups) or an alkaloid of such a substance):

(a) a stereoisomer; or

( a structural isomer having the same constituent groups; or

© an alkaloid; or

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

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

(ii)by the addition of hydrogen atoms to 1 or more unsaturated bonds;

(iii)by the addition of 1 or more of the following groups, namely alkoxy, cyclic diether, acyl, acyloxy, mono-amino and dialkylamino groups with up to 6 carbon atoms in any alkyl residue; alkyl, alkenyl and 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; and halogen, hydroxy, nitro and amino groups;

(iv)by the replacement of 1 or more of the groups specified in (ii) with another such group or groups;

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

(e) otherwise an homologue, analogue, chemical derivative or substance substantially similar in chemical structure; however obtained, except where the drug analogue is seperately specified in this Schedule.

COLUMN 2/3 provide for equal minimum traffical and commercial quantities for that analogue treated as if it were the substance in question of which it is an analogue.

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Doesn't leave much, does it? Anyone want to hazard a guess as to what type of chemicals these analogue laws don't catch? Love that last clause (e) "otherwise an analogue". Pretty circular to put that at the end of a section intending to define what "analogues" are.

[ 21. March 2003, 14:01: Message edited by: Thelema ]

[Torsten]

There is only one schedule in the customs act and that is S1. S1 deals with some formality and is not related to drugs.

I think the problem was always that you were using AUSTLII as your source which is terribly inaccurate and outdated.

Please find an analogues clause in the current act or regulations as I certainly can't.

[Thelema]

OK if I can't find it then there must be some record of it repealment. I'll get back.

[Thelema]

OK

At the time of writing that in 2003, there WAS a schedule VI written how I said. So sorry, Torsten, you WERE wrong at the time.

However, schedule VI of the customs act was repealed in 2005 as part of broad changes through the Law and Justice Legislation Amendment Act 2005 #129, 2005 section 66. page 89.

This section that was formerly schedule VI of the customs act and its related analogue clause was "commuted" in whole by this legislation (p.71) into section 314.4 Border Controlled drugs (1)of the Criminal Code Act

So in a way we're both right. But yes, right now there is no longer a schedule 6.

Interesting to note, that methylphenidate and AMT are both listed as border conrolled drugs in this schedule. Hmmmm someone might have to update the wiki page on AMT.

Edited November 28, 2011 by Thelema

[DarkSpark]

Naww i think you guys trying to outsmart each other all the time is too cute Plus it means that we just about always know what the deal is in relation to the banned substances and analogues.

Denny Crane,

stirring the pot.