Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order adds ephedrine and pseudoephedrine to Schedule 3 of the Misuse of Drugs Act 1975. Substances listed in Schedule 3 of that Act are classified as Class C drugs (posing a moderate risk of harm).

Ephedrine and pseudoephedrine are both used in the illegal manufacture of methamphetamine.

Drugs classified under Part 5 of Schedule 3 are available only by prescription, and have a number of other restrictions applying to them. Drugs classified under Part 3 are available without prescription, but are still subject to significant restrictions, such as import and export controls. At present, certain cough and decongestant medicines that contain pseudoephedrine are available, without a prescription, as pharmacy medicines. In order to ensure that these medicines remain available without a prescription, certain pseudoephedrine preparations are classified under Part 3 of Schedule 3. Regulations under section 37 of the Misuse of Drugs Act 1975 will be made that impose restrictions on the manner in which those preparations may be supplied by pharmacists. All other forms of pseudoephedrine, along with ephedrine, are classified under Part 5 of Schedule 3.

This order cannot come into force without the approval of the House of Representatives. If that approval is given, the order will come into force on a date specified in a separate commencement order.