{"id":"F2021L01452","name":"Defence (Prohibited Substances) Determination 2021","slug":"defence-prohibited-substances-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441040,"registerId":"F2021L01452-fast-fetch-1775956468476","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Prohibited Substances) Determination 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![](image.001.png)\n\n \n\nDefence (Prohibited Substances) Determination 2021\n\nI, Angus J Campbell, Chief of the Defence Force, make the following Determination under subsection 93B(1) of the Defence Act 1903.\n\nDated 5 October 2021\n\n \n\nAngus J Campbell, AO, DSC\n\nGeneral  Chief of the Defence Force\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Schedules\n\n5  Definitions\n\n6  Prohibited substances\n\nSchedule 1—Repeals\n\nDefence Determination (Prohibited Substances) 2019\n\n \n\n \n\n1  Name\n\n  This instrument is Defence (Prohibited Substances) Determination 2021.\n\n2  Commencement\n\n  This instrument commences on the day after registration.\n\n3  Authority\n\n  This instrument is made under subsection 93B(1) of the Defence Act 1903.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\n  In this instrument:\n\n  World Anti-Doping Code International Standard Prohibited List 2021 means the document of that name published by the World Anti-Doping Agency, as in force under the World Anti-Doping Code on 1 January 2021.\n\n  Act means the Defence Act 1903.\n\n  Poisons Standard mean the Poisons Standard June 2021, as in force on   1 June 2021.\n\n  World Anti-Doping Code has the same meaning as in the Australian Sports Anti-Doping Authority Act 2006.\n\n6  Prohibited substances\n\n  The following substances are prohibited substances for the purpose of Part VIIIA of the Act:\n\n1.     a substance in class S0, S1, S2, S4, S6, S7, S8 or S9 of the World Anti-Doping Code International Standard Prohibited List 2021;\n2.     a substance listed in Schedule 4, 8 or 9 of the 2021 Poisons Standard;\n3.     Alkylamines with stimulant properties;\n4.     Allylisopropylacetylurea;\n5.     1,3-Dimethylamylamine (DMAA);\n6.      1,5-Dimethylhexylamine (DMHA);\n7.     1,4-Dimethylpentylamine (DMPA);\n8.     Gamma Butyrolactone (GBL);\n9.      Isopropyl Nitrite;\n10.      Phenpromethamine;\n11.     1,1,1-Trichloroethane.\n\n\n \n\nSchedule 1—Repeals\n\nDefence Determination (Prohibited Substances) 2019\n\n- 1 The whole of the instrument\n- Repeal the instrument.\n\n\n \n","sortOrder":0}],"analysis":{"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":true,"description":"The determination updates the list of prohibited substances from the 2019 version by adopting the 2021 World Anti-Doping Code Prohibited List and the June 2021 Poisons Standard. Because those external lists have been revised since 2019, substances may have been added or removed, thereby changing what is prohibited for ADF members."},"complexity_factors":["Incorporates external standards by reference (WADA Prohibited List, Poisons Standard)","Specific additional named substances listed in the instrument","Straightforward repeal and replacement of an earlier determination","No complex conditional or exemption provisions"],"plain_english_summary":"The Defence (Prohibited Substances) Determination 2021 specifies which substances are treated as prohibited for Australian Defence Force members for the purposes of drug testing. Made by the Chief of the Defence Force on 5 October 2021, it updates and replaces the 2019 determination and draws on the World Anti‑Doping List, Australia’s Poisons Standard and nine named chemicals.\n\nAffected ADF personnel (permanent and reserve) must not have these substances in their bodies; positive tests can trigger administrative or disciplinary action, though the instrument does not set testing procedures or penalties."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: establishing a definitive list of banned substances for ADF members. It updates the incorporated external standards from 2019 to 2021 versions and adds specific named substances (particularly stimulants and solvents), but this represents routine maintenance of the regulatory scheme rather than expansion beyond the original intent of controlling substance use in the military."},"complexity_factors":["Only 11 operative provisions (sections 1-6 plus Schedule 1)","Minimal defined terms (4 definitions in section 5)","No nested exceptions or conditional logic — substances are either on the list or not","Simple legislative structure: definitions followed by a flat list of prohibited items","Cross-references limited to external documents (World Anti-Doping Code, Poisons Standard) incorporated by reference rather than internal cross-referencing","No temporal provisions, sunset clauses, or transitional arrangements beyond commencement"],"plain_english_summary":"This is a military order made by Australia's Chief of the Defence Force that lists which drugs and chemicals Defence Force members are banned from using.\n\n**What it does:**\n- Creates a blacklist of \"prohibited substances\" that Australian Defence Force (ADF) members cannot take, possess, or use\n- Automatically adopts the World Anti-Doping Agency's 2021 banned list (covering performance-enhancing drugs like steroids, stimulants, and masking agents)\n- Adds extra substances not on the sports doping list, including:\n  - Strong prescription drugs (Schedule 4, 8, and 9 poisons — things like heavy painkillers and sedatives)\n  - Party/recreational drugs and solvents (GBL, isopropyl nitrite, \"poppers\")\n  - Stimulant chemicals found in some pre-workout supplements (DMAA, DMHA, DMPA)\n  - Industrial solvents (1,1,1-Trichloroethane)\n\n**Who it affects:**\n- All Australian Defence Force personnel — full-time, part-time, and reserves\n- Anyone subject to Defence Force discipline under Part VIIIA of the Defence Act 1903\n\n**Why it matters:**\n- Using these substances can get you charged under military law with serious consequences including dismissal\n- The list bridges sports anti-doping rules and military discipline — even if a substance isn't banned in sport, it might still be banned in Defence\n- It replaces the 2019 version, updating the banned lists to 2021 standards\n\n**Key point:** This isn't just about cheating at sport. It covers anything that could impair a soldier's judgment, be dangerous in combat, or indicate drug misuse — including some legal over-the-counter supplements."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the Defence Determination (Prohibited Substances) 2019 (Schedule 1) and replaces it with an updated prohibited list tied to the WADA International Standard Prohibited List 2021 and the Poisons Standard (June 2021), plus several named substances and category descriptions (s5; s6). That substitution changes which substances are specifically captured and fixes the list to the 2021 snapshots."},"complexity_factors":["Reference to external standards fixed to specific dates (WADA 2021 as at 1 Jan 2021; Poisons Standard June 2021) creates versioning complexity and a need to monitor updates (s5 definitions; s6).","Use of WADA classes (S0, S1, S2, S4, S6, S7, S8, S9) requires translation of sport anti‑doping categories into Defence enforcement practice (s6(1)).","Open‑ended chemical descriptions (eg. 'Alkylamines with stimulant properties') require specialist chemical/medical interpretation to determine coverage (s6(3)).","Combination of cross‑references to Part VIIIA of the Defence Act and this Determination means sanctions and procedures are determined by separate statutory mechanics not set out here (s6 header; s3 authority).","Repeal of the prior instrument replaces prior scope wholesale, requiring transitional compliance checks across procurement, testing and records (Schedule 1).","Named novel or designer stimulants listed by common name may require analytical method updates for detection (s6 items 5–11).","Limited definitional detail in the Determination concentrates operational discretion on Defence authorities to interpret and implement the list (s5; s6)."],"plain_english_summary":"*Defence (Prohibited Substances) Determination 2021*—made by the Chief of the Defence Force under s93B(1) of the Defence Act—declares which substances are prohibited for the purposes of Part VIIIA of the Act. It repeals the 2019 Determination and fixes the list by reference to the World Anti‑Doping Agency’s 2021 Prohibited List (as at 1 Jan 2021), the Poisons Standard (June 2021) and several named or category‑based chemicals, creating compliance, testing and procurement duties for Defence personnel and suppliers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/defence-prohibited-substances-determination-2021","history":"/api/acts/defence-prohibited-substances-determination-2021/history","analysis":"/api/acts/defence-prohibited-substances-determination-2021/analysis","conflicts":"/api/acts/defence-prohibited-substances-determination-2021/conflicts","importantCases":"/api/acts/defence-prohibited-substances-determination-2021/important-cases","documents":"/api/acts/defence-prohibited-substances-determination-2021/documents"}}