UN Human Rights Committee (HRC), CCPR General Comment No. 6: Article 6 (Right to Life ), 30 April 1982, para 3.

Australian Crime Commission, Illicit Drug Data Report 2012 - 2013 (Australian Crime Commission, 2014) ('2012 - 2013 IDDR'), page 154.

United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances 1998, Single Convention on Narcotic Drugs 1961 and Convention on Psychotropic Substances 1971 .

Committee on the Rights of the Child, General Comment No.4: Adolescent health and development in the context of the Convention on the Rights of the Child , (UN Doc No CRC/GC/2003/4, 2003), para 25.

Damon Barrett and Philip E. Veerman, A Commentary on the United Nations Convention on the Rights of the Child - Article 33: Protection from Narcotic Drugs and Psychotropic Substances (Koniklijke Brill NV, 2012), para 96.

2012 - 2013 IDDR, page 157.

Parliamentary Joint Committee on Human Rights, Examination of legislation in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011 , Seventh Report of 2012, para 1.84.

2012-13 IDDR, pages 155 and 157.

Toonen v Australia , CCPR/C/50/D/488/1992, UN Human Rights Committee (HRC), 4 April 1994.

Paragraph 59 of the explanatory memorandum to the International Transfer of Prisoners Act 1997 states that: 'Subclause [20](3) provides that the [Minister for Justice] is to determine whether or not consent should be given to the transfer on the terms proposed and is to notify the transfer country accordingly. The subclause also recognises that the [Minister for Justice] may inform the transfer country that consent will be given if that country agrees to a variation of the terms.' [ emphasis added ]

United Nations Global SMART Programme, " The challenge of new psychoactive substances " < http://www.unodc.org/documents/scientific/NPS_Report.pdf> 3-18, UK Advisory Council on Drugs, Novel psychoactive substances report (2011) < https://www.gov.uk/government/publications/novel-psychoactive-substances-report-2011> 49-61.

Australian Crime Commission, Illicit Drug Data Report 2012-13 p 154.

NSW State Coroner, Finding after an inquest into the death of Glenn Punch , 29 October 2013, < http://www.coroners.lawlink.nsw.gov.au/agdbasev7wr/_assets/coroners/m401601l7/glenn%20punch%20finding%2029%20oct%202013.pdf>. Alpha-PVP has also been specifically listed as an illicit drug under the Commonwealth Criminal Code .

Australian Crime Commission, Illicit Drug Data Report 2012-13 , p 158.

House of Commons Home Affairs Committee, Drugs: new psychoactive substances and prescription drugs , Twelfth Report of Session 2013-14 < http://www.publications.parliament.uk/pa/cm201314/cmselect/cmhaff/819/81902.htm> 6.

http://www.emcdda.europa.eu/attachements.cfm/att_190854_EN_TDAC12001ENC_.pdf, 89

UNODC World Drug Report < http://www.unodc.org/unodc/secured/wdr/wdr2013/World_Drug_Report_2013.pdf> 91,92.

Australian Crime Commission, Illicit Drug Data Report 2012-13 , p 158.

R Olding, 'Lawyer kept 'bath salts' ingredient secret as Glenn Punch was dying', Sydney Morning Herald , 10 October 2013, viewed 5 May 2014, < http://www.smh.com.au/nsw/lawyer-kept-bath-salts-ingredient-secret-as-glenn-punch-was-dying-20131010-2vam0.html>

Australian Crime Commission, Illicit Drug Data Report 2012-13 , p 159.

Australian Crime Commission, Illicit Drug Data Report 2012-13 , p 157.

Australian Crime Commission, Illicit Drug Data Report 2012-13 , p 159.

Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012.

United Nations Office of Drugs and Crime, World Drug Report 2013 , p 59.

United Nations Office of Drugs and Crime Global SMART Programme, The challenge of new psychoactive substances , 2013, pp 1-2.

Note: the phrase 'legitimate use' is used in this paper to refer to a use authorised under one of these schemes.

NZ Ministry of Health, Psychoactive Substances Regulation , Wellington, 2014, viewed 26 April 2014, < http://www.health.govt.nz/our-work/regulation-health-and-disability-system/psychoactive-substances-regulation>.

Eros Association, Breaking Bad: a reply to the Regulation Impact Statement on banning the importation of substances which mimic the effects of illicit drugs , 2014, p. 8.

Eros Association submission, p. 8.

Research conducted for the development of the NDC has consistently highlighted that a lack of knowledge about the content and source of illicit drugs is a key concern amongst young people. Further, research conducted among people who take illicit drugs has shown that they are concerned about the range of substances found in drugs, and this can influence their decisions about consumption.

Australian Drug Law Reform Foundation (ADLRF), Submission in response to a discussion paper: Regulation Impact Statement: Banning the importation of substances which mimic the effects of illicit drugs , 2014, p. 5.

ADLRF submission, p. 5; Eros submission, p. 11.

ADLRF submission, p. 2.

Eros Association submission, p. 5.

Uncertainty about the ability to import NPS was highlighted as a concern in the letter from an NPS distributor attached to the Eros Association submission (see p. 21).

Recent studies have shown that many users of more established illicit drugs also use NPS. For example, the Ecstasy and Related Drugs Reporting System found that, in 2013, 37% of participating users had used an NPS in the last six months: National Drug and Alcohol Research Centre, Australian Drug Trends 2013: Findings from the ecstasy and related drugs reporting system , 2013, accessed 5 May 2014, < http://ndarc.med.unsw.edu.au/resource/key-findings-2013-edrs-drug-trends-conference-handout>.

ADLRF submission, p. 3.

Eros Association submission, p. 2.

ADLRF, p. 4.

The New Zealand Government has estimated that testing could cost between NZ$1 million and NZ$2 million per product (see NZ Ministry of Health, Regulatory Impact Statement: New regulatory regime for psychoactive substances , p. 11, viewed 26 May 2014, < http://www.health.govt.nz/system/files/documents/pages/ris-new-regimepsychoactive-substances.pdf>.

NZ Ministry of Health, above, note 13.

Irish Health Research Board, Press release: New report reveals the latest drug trends across Europe , 15 November 2011, accessed 27 May 2014 < http://www.hrb.ie/home/media/press-release/?tx_ttnews%5Bpointer%5D=1 & tx_ttnews%5Btt_news%5D=425 & tx_ttnews%5BbackPid%5D=566 & cHash=cfe996a3e9295c7e7efcc5075567a806>..

Irish Health Research Board, Press release: New report reveals the latest drug trends across Europe , 28 May 2013, accessed 27 May 2014 < http://www.hrb.ie/home/media/press-release/?tx_ttnews%5Btt_news%5D=445 & tx_ttnews%5BbackPid%5D=566 & cHash=0e918ab287092b7649a3bae7080fff27>.

R Olding, 'Lawyer kept 'bath salts' ingredient secret as Glenn Punch was dying', Sydney Morning Herald , 10 October 2013, viewed 5 May 2014, < http://www.smh.com.au/nsw/lawyer-kept-bath-salts-ingredient-secret-as-glenn-punch-was-dying-20131010-2vam0.html>.

Plastics and Chemical Industries Association (PACIA), Submission on New Psychoactive Substances Consultation Draft Regulation Statement , 2014.

Australian Crime Commission, Illicit Drug Data Report 2012-13 , p 157, 158.

Those from PACIA, the Pharmacy Guild of Australia and the Happy Herb Company.

Those from ADLRF, the Eros Association and Name Withheld.

PACIA submission.

Pharmacy Guild of Australia, New Psychoactive Substances: Consultation Draft Regulation Impact Statement - Guild Response , 2014.

ADLRF submission, p. 2; Eros Association, p. 1; Name Withheld, Comment on Regulation Impact Statement: banning the importation of substances which mimic the effects of illicit drugs , 2014.

ADLRF submission, pp. 2-5; p. 9.

ADLRF submission, p. 3; Eros Association submission, p. 12; Name Withheld.

ADLRF submission, p. 2; Eros Association submission, p. 12.

ADLRF submission, pp. 2-5; Eros Association submission, pp. 12-13.

Australian Crime Commission, Illicit Drug Data Report 2012-13 , p 157, 158.