QLDIn ForceAct
Drugs Misuse Act 1986
sec.134ARecommendation of Minister
Start here
Get a plain-English read of sec.134A
Turn the raw legal text into a practical explanation grounded in Drugs Misuse Act 1986.
### sec.134A Recommendation of Minister
In deciding whether to recommend the prescription of a thing as a dangerous drug for the Drugs Misuse Regulation 1987 , schedules 1 to 5 , the Minister must consider the following—
the likelihood or evidence of abuse of the drug, including, for example, the prevalence of the drug, consumption levels of the drug, the potential appeal of the drug to vulnerable populations and drug seizure trends;
the specific effects of the drug, including, for example, the pharmacological, psychoactive and toxicological effects;
the risks, if any, of the drug to public health and safety;
the therapeutic value, if any, of the drug;
the potential for use of the drug to cause death;
the ability of the drug to create physical or psychological dependence;
the classification and experience of the drug in other jurisdictions;
any other matters the Minister considers appropriate.
However, the Minister may decide to recommend the prescription of a thing without complying with subsection (1) if the Minister is satisfied it is necessary to recommend the prescription of the thing as a matter of urgency having regard to 1 or more of the matters listed in subsection (1) .
s 134A ins 2008 No. 4 s 31
amd 2014 No. 39 s 47
(sec.134A-ssec.1) In deciding whether to recommend the prescription of a thing as a dangerous drug for the Drugs Misuse Regulation 1987 , schedules 1 to 5 , the Minister must consider the following— the likelihood or evidence of abuse of the drug, including, for example, the prevalence of the drug, consumption levels of the drug, the potential appeal of the drug to vulnerable populations and drug seizure trends; the specific effects of the drug, including, for example, the pharmacological, psychoactive and toxicological effects; the risks, if any, of the drug to public health and safety; the therapeutic value, if any, of the drug; the potential for use of the drug to cause death; the ability of the drug to create physical or psychological dependence; the classification and experience of the drug in other jurisdictions; any other matters the Minister considers appropriate.
(sec.134A-ssec.2) However, the Minister may decide to recommend the prescription of a thing without complying with subsection (1) if the Minister is satisfied it is necessary to recommend the prescription of the thing as a matter of urgency having regard to 1 or more of the matters listed in subsection (1) .
- (a) the likelihood or evidence of abuse of the drug, including, for example, the prevalence of the drug, consumption levels of the drug, the potential appeal of the drug to vulnerable populations and drug seizure trends;
- (b) the specific effects of the drug, including, for example, the pharmacological, psychoactive and toxicological effects;
- (c) the risks, if any, of the drug to public health and safety;
- (d) the therapeutic value, if any, of the drug;
- (e) the potential for use of the drug to cause death;
- (f) the ability of the drug to create physical or psychological dependence;
- (g) the classification and experience of the drug in other jurisdictions;
- (h) any other matters the Minister considers appropriate.