Controlled Substances Act 1984 (SA)

South Australia

Controlled Substances Act 1984

An Act to regulate or prohibit the manufacture, production, sale, supply, possession, handling or use of certain poisons, drugs, medicines and other substances, and of certain medical devices; to apply certain laws of the Commonwealth relating to therapeutic goods as laws of South Australia; and for other related purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Controlled Substances Act 1984.

4Interpretation

1. (1)

   In this Act, unless the contrary intention appears—

Advisory Council means the Controlled Substances Advisory Council established under Part 2;

aggravated offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to an aggravated offence is a reference to the offence in its aggravated form (see section 43);

analyst means—

1. (a)

   a person appointed as an analyst for the purposes of this Act; or

2. (b)

   a person holding a position of a class approved by the Governor for the purposes of this Act;

applied provisions means the Commonwealth therapeutic goods laws that apply as a law of South Australia by virtue of section 11A;

artificially enhanced cultivation means—

1. (a)

   cultivation in a solution comprised wholly or principally of water enriched with nutrients; or

2. (b)

   cultivation involving the application of an artificial source of light or heat;

assessment service means a drug assessment service accredited under section 56A;

authorised officer—see section 50(1);

basic offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to a basic offence is a reference to the offence in its non‑aggravated form (see section 43);

cannabis means a plant, or any part (including the seed) of a plant, of the genus cannabis, but does not include cannabis resin or cannabis oil;

cannabis oil means a substance that contains chemicals of any one or more of the following classes;

1. (a)

   cannabinoids;

2. (b)

   tetrahydrocannabinols;

3. (c)

   alkyl homologues of tetrahydrocannabinols,

where the amount of soluble material in any quantity of the substance, when dissolved in the solvent known as hexane, constitutes more than 85 per cent of the weight of that quantity of substance;

cannabis resin means a substance that contains chemicals of any one or more of the following classes:

1. (a)

   cannabinoids;

2. (b)

   tetrahydrocannabinols;

3. (c)

   alkyl homologues of tetrahydrocannabinols,

where the amount of soluble material in any quantity of the substance, when dissolved in the solvent known as hexane, constitutes more than 15 per cent but not more than 85 per cent of the weight of that quantity of substance;

child means a person under the age of 18 years and, in relation to the alleged commission of an offence, means a person who was, at the time of the alleged commission of the offence, under that age;

commercial quantity of a controlled drug, controlled precursor or controlled plant means—

1. (a)

   in relation to a controlled drug or controlled precursor contained in a mixture—

   1. (i)

      a quantity of the drug or precursor that equals or exceeds the amount prescribed as a commercial quantity for the drug or precursor (as the case may be) in its pure form; or

   2. (ii)

      a quantity of the mixture that equals or exceeds the amount prescribed as a commercial quantity for any mixture containing the drug or precursor (as the case may be); or

   3. (iii)

      a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a commercial quantity for any mixture containing the drug or precursor (as the case may be); or

2. (b)

   in relation to a controlled drug or controlled precursor that is not contained in a mixture—

   1. (i)

      if the regulations prescribe an amount as a commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount so prescribed; or

   2. (ii)

      if the regulations do not prescribe an amount as a commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount prescribed as a commercial quantity for any mixture containing the drug or precursor; or

3. (c)

   in relation to a controlled plant—

   1. (i)

      a number of the plant that equals or exceeds the number of plants prescribed as a commercial quantity for the plant; or

   2. (ii)

      a weight of the plant that equals or exceeds the weight prescribed as a commercial quantity for the plant;

Commonwealth Act means the Therapeutic Goods Act 1989 of the Commonwealth;

Commonwealth Minister means the Minister of the Commonwealth responsible for the administration of the Commonwealth therapeutic goods laws;

Commonwealth Secretary means the Secretary of the Department of the Commonwealth that is, under the Commonwealth Minister, responsible for the administration of the Commonwealth therapeutic goods laws;

Commonwealth therapeutic goods laws means the Commonwealth Act and the regulations, orders and manufacturing principles under that Act;

controlled drug means—

1. (a)

   a drug of dependence; or

2. (b)

   a substance declared by the regulations to be a controlled drug for the purposes of this Act; or

3. (c)

   an interim controlled drug,

but does not include a controlled plant;

controlled plant means a growing cannabis plant or a cutting of a cannabis plant (provided that the cutting has been planted or otherwise placed in a growing medium) or any other plant declared by the regulations to be a controlled plant for the purposes of this Act;

controlled precursor means a substance declared by the regulations to be a controlled precursor for the purposes of this Act;

cultivate a controlled plant means—

1. (a)

   plant a seed, seedling or cutting of the plant or transplant the plant; or

2. (b)

   nurture, tend or grow the plant; or

3. (c)

   harvest the plant (including pick any part of the plant or separate any resin or other substance from the plant); or

4. (d)

   dry the harvested plant or part of the plant; or

5. (e)

   take part in the process of cultivation of the plant;

dentist means a person registered under the Health Practitioner Regulation National Law—

1. (a)

   to practise in the dental profession as a dentist (other than as a student); and

2. (b)

   in the dentists division of that profession;

Department means the department of the Minister to whom the administration of this Act has been committed;

discrete dosage unit, in relation to a controlled drug contained in a mixture or a controlled precursor contained in a mixture, means an amount of the mixture which is prepared or apparently prepared for the purpose of being administered as a single dose;

drug detection dog means a dog that has completed training of a kind approved by the Commissioner of Police for the purpose of detecting the presence of a controlled drug, controlled precursor or controlled plant;

drug of dependence means a poison declared by the regulations to be a drug of dependence;

electronic drug detection system means—

1. (a)

   an electronic device of a kind approved by the Commissioner of Police; or

2. (b)

   a system, of a kind approved by the Commissioner of Police, that involves the use of an electronic device,

for the purpose of detecting the presence of a controlled drug, controlled precursor or controlled plant;

general drug detection means—

1. (a)

   walking or otherwise placing a drug detection dog in the vicinity of a person or property; or

2. (b)

   using an electronic drug detection system in relation to a person or property in a manner prescribed by regulation,

for the purpose of determining whether the dog or system (as the case may be) detects the presence of a controlled drug, controlled precursor or controlled plant (but does not include any other conduct by a person that would constitute a search);

interim controlled drug means a substance declared to be an interim controlled drug by a notice under section 12A;

large commercial quantity of a controlled drug, controlled precursor or controlled plant means—

1. (a)

   in relation to a controlled drug or controlled precursor contained in a mixture—

   1. (i)

      a quantity of the drug or precursor that equals or exceeds the amount prescribed as a large commercial quantity for the drug or precursor (as the case may be) in its pure form; or

   2. (ii)

      a quantity of the mixture that equals or exceeds the amount prescribed as a large commercial quantity for any mixture containing the drug or precursor (as the case may be); or

   3. (iii)

      a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a large commercial quantity for any mixture containing the drug or precursor (as the case may be); or

2. (b)

   in relation to a controlled drug or controlled precursor that is not contained in a mixture—

   1. (i)

      if the regulations prescribe an amount as a large commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount so prescribed; or

   2. (ii)

      if the regulations do not prescribe an amount as a large commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount prescribed as a large commercial quantity for any mixture containing the drug or precursor; or

3. (c)

   in relation to a controlled plant—

   1. (i)

      a number of the plant that equals or exceeds the number of plants prescribed as a large commercial quantity for the plant; or

   2. (ii)

      a weight of the plant that equals or exceeds the weight prescribed as a large commercial quantity for the plant;

manufacture, in relation to a controlled drug means—

1. (a)

   undertake any process by which the drug is extracted, produced or refined; or

2. (b)

   take part in the process of manufacture of the substance;

medical device has the same meaning as in the applied provisions;

medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

medicine has the same meaning as in the applied provisions;

midwife means a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession as a midwife (other than as a student);

mixture—see section 33OA(3);

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession as a nurse (other than as a student);

nurse practitioner means a nurse whose registration under the Health Practitioner Regulation National Law is endorsed as being qualified to practise as a nurse practitioner;

owner, in relation to premises, includes the occupier of the premises;

pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

poison means a substance declared by the regulations to be a poison for the purposes of this Act;

possession of a substance or thing includes—

1. (a)

   having control over the disposition of the substance or thing; and

2. (b)

   having joint possession of the substance or thing;

premises means any land, building, structure, vehicle, vessel or aircraft;

prescription drug means a poison declared by the regulations to be a prescription drug for the purposes of this Act;

product of a controlled plant includes—

1. (a)

   a seed of the plant; and

2. (b)

   a part of the plant (whether live or dead); and

3. (c)

   a substance separated from the plant;

registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law;

school zone means the grounds of a primary or secondary school and the area within 500 metres of the boundary of the school;

sell means sell, barter or exchange, offer or agree to sell, barter or exchange or expose for sale, barter or exchange;

senior police officer means a police officer of or above the rank of Inspector;

simple possession offence means an offence against section 33L(1) other than an offence relating to a prescribed controlled drug;

substance means any gaseous, liquid or solid substance and includes a plant or fungus;

supply means provide or distribute or offer to provide or distribute;

traffic in a controlled drug means—

1. (a)

   sell the drug; or

2. (b)

   have possession of the drug intending to sell it; or

3. (c)

   take part in the process of sale of the drug;

trafficable quantity of a controlled drug or controlled plant means—

1. (a)

   in relation to a controlled drug contained in a mixture—

   1. (i)

      a quantity of the drug that equals or exceeds the amount prescribed as a trafficable quantity for the drug in its pure form; or

   2. (ii)

      a quantity of the mixture that equals or exceeds the amount prescribed as a trafficable quantity for any mixture containing the drug; or

   3. (iii)

      a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a trafficable quantity for any mixture containing the drug; or

2. (b)

   in relation to a controlled drug that is not contained in a mixture—

   1. (i)

      if the regulations prescribe an amount as a trafficable quantity for the drug in its pure form—a quantity of the drug that equals or exceeds the amount so prescribed; or

   2. (ii)

      if the regulations do not prescribe an amount as a trafficable quantity for the drug in its pure form—a quantity of the drug that equals or exceeds the amount prescribed as a trafficable quantity for any mixture containing the drug; or

3. (c)

   in relation to a controlled plant—

   1. (i)

      a number of the plant that equals or exceeds the number of plants prescribed as a trafficable quantity for the plant; or

   2. (ii)

      a weight of the plant that equals or exceeds the weight prescribed as a trafficable quantity for the plant;

treatment service means a drug treatment service accredited under section 56A;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

vessel means any ship, boat or other water craft;

veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Practice Act 2003;

volatile solvent means a substance declared by the regulations to be a volatile solvent for the purposes of this Act.

1. (2)

   A substance is an analogue of another for the purposes of this Act if—

   1. (a)

      they both have substantially similar chemical structures; or

   2. (b)

      they both have substantially similar pharmacological effects.

2. (3)

   Subject to the regulations, an analogue of a controlled drug (not being an analogue that is itself declared by regulation to be a drug of dependence or a controlled drug) is by virtue of this subsection a controlled drug.

3. (4)

   For the purposes of this Act, a person takes part in the process of sale, manufacture or cultivation of a controlled drug or controlled plant if the person directs, takes or participates in any step, or causes any step to be taken, in the process of sale, manufacture or cultivation of the drug or plant.

4. (5)

   For the purposes of this Act, a step in the process of sale of a controlled drug includes, without limitation, any of the following when done for the purpose of sale of the drug:

   1. (a)

      storing the drug;

   2. (b)

      carrying, transporting, loading or unloading the drug;

   3. (c)

      packaging the drug, separating the drug into discrete units or otherwise preparing the drug;

   4. (d)

      guarding or concealing the drug;

   5. (e)

      providing or arranging finance (including finance for the acquisition of the drug);

   6. (f)

      providing or allowing the use of premises or jointly occupying premises.

5. (6)

   For the purposes of this Act, a step in the process of manufacture of a controlled drug includes, without limitation, any of the following when done for the purpose of manufacture of the drug:

   1. (a)

      acquiring equipment, substances or materials;

   2. (b)

      storing equipment, substances or materials;

   3. (c)

      carrying, transporting, loading or unloading equipment, substances or materials;

   4. (d)

      guarding or concealing equipment, substances or materials;

   5. (e)

      providing or arranging finance (including finance for the acquisition of equipment, substances or materials);

   6. (f)

      providing or allowing the use of premises or jointly occupying premises.

6. (7)

   For the purposes of this Act, a step in the process of cultivation of a controlled plant includes, without limitation, any of the following when done for the purpose of cultivation of the plant:

   1. (a)

      acquiring the plant or equipment, substances or materials;

   2. (b)

      storing the plant or equipment, substances or materials;

   3. (c)

      carrying, transporting, loading or unloading the plant or equipment, substances or materials;

   4. (d)

      guarding or concealing the plant or equipment, substances or materials;

   5. (e)

      providing or arranging finance (including finance for the acquisition of the plant or equipment, substances or materials);

   6. (f)

      providing or allowing the use of premises or jointly occupying premises.

7. (7a)

   For the purposes of this Act, in determining the maximum penalty for an offence against this Act, an offender is a serious drug offender if the offender has, within 10 years of the commission of the offence, been previously convicted of—

   1. (a)

      2 or more offences against Part 5 Division 2 (other than Subdivision 4) or Division 3, being offences arising out of separate incidents; or

   2. (b)

      3 or more offences against Part 5 (other than sections 33D, 33DA, 33I(2), 33K, 33L, 33LA, 33LAB or 33LB), being offences arising out of separate incidents.

8. (8)

   In subsection (7)—

materials includes seeds, seedlings and cuttings.

5Application of Act

1. (1)

   This Act binds the Crown.

2. (2)

   The provisions of this Act are in addition to, and do not derogate from the obligations imposed by, the provisions of any other Act.

3. (3)

   The provisions of this Act do not limit or derogate from any civil remedy at law or in equity.

Part 2Controlled Substances Advisory Council6The Controlled Substances Advisory Council

1. (1)

   The Controlled Substances Advisory Council is established.

2. (2)

   The Advisory Council consists of 10 members appointed by the Governor, on the nomination of the Minister, of whom—

   1. (a)

      1 (the presiding member) is an officer or employee of the Department or of another administrative unit of the Public Service, or body incorporated under the Health Care Act 2008, involved in the administration of this Act; and

   2. (b)

      1 is a medical practitioner; and

   3. (c)

      1 is a police officer; and

   4. (ca)

      1 is a legal practitioner who, in the opinion of the Minister, has experience in the administration and operation of this Act; and

   5. (d)

      2 are persons who, in the opinion of the Minister, have qualifications and extensive experience in the field of chemistry, pharmacy or pharmacology; and

   6. (e)

      1 is a person who, in the opinion of the Minister, has had extensive experience in the manufacture or sale of substances or devices to which this Act applies; and

   7. (f)

      2 are persons who, in the opinion of the Minister, have a wide knowledge of the factors and issues involved in controlling the manufacture, sale and supply of substances or devices to which this Act applies; and

   8. (g)

      1 is, in the opinion of the Minister, a suitable person to represent the interests of the general public.

3. (3)

   The Governor may appoint a suitable person to be the deputy of a member of the Advisory Council.

4. (4)

   If a member is for any reason absent or unable to act as a member of the Advisory Council, his or her deputy may act as a member of the Advisory Council.

7Terms and conditions of office

1. (1)

   A member of the Advisory Council will be appointed for a term of office, not exceeding 3 years, specified in the instrument of appointment and will, on the expiration of any such term, be eligible for reappointment.

2. (2)

   The Governor may remove a member of the Advisory Council from office on the ground of—

   1. (a)

      mental or physical incapacity to carry out satisfactorily the duties of office; or

   2. (b)

      neglect of duty; or

   3. (c)

      dishonourable conduct.

3. (3)

   The office of a member of the Advisory Council becomes vacant if the member—

   1. (a)

      dies; or

   2. (b)

      completes a term of office and is not reappointed; or

   3. (c)

      resigns by giving notice in writing to the Minister; or

   4. (d)

      is removed from office by the Governor pursuant to subsection (2).

4. (4)

   On the office of a member of the Advisory Council becoming vacant, a person must be appointed to that office in accordance with this Act.

8Validity of acts of the Advisory Council

An act or proceeding of the Advisory Council is not invalid by reason of a vacancy in the membership of the Advisory Council or of a defect in the appointment of a person to the Advisory Council.

9Allowances and expenses

A member of the Advisory Council is entitled to receive such allowances and expenses as the Governor may from time to time determine

10Conduct of business

1. (1)

   The presiding member or, in the presiding member's absence, his or her deputy, will preside at any meeting of the Advisory Council.

2. (2)

   In the absence of both the presiding member and the presiding member's deputy from a meeting of the Advisory Council, the members present may elect one of their number to preside at that meeting.

3. (3)

   Six members constitute a quorum of the Advisory Council, and no business may be transacted at any meeting of the Advisory Council unless a quorum is present.

4. (4)

   A decision carried by the votes of a majority of the members present at a meeting is a decision of the Advisory Council.

5. (5)

   The person presiding at a meeting of the Advisory Council will, in the event of an equality of votes, have a second, or casting, vote.

6. (6)

   Subject to this Act, the business of the Advisory Council may be conducted in a manner determined by the Advisory Council.

10AConflict of interest under Public Sector (Honesty and Accountability) Act

A member of the Advisory Council will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with the manufacture or sale of substances or devices to which the Controlled Substances Act 1984 applies generally, or a substantial section of those engaged in or associated with the manufacture or sale of such substances or devices.

11Functions of the Advisory Council

1. (1)

   The functions of the Advisory Council are as follows:

   1. (a)

      to keep under review substances and devices that are subject to this Act or that may, in the opinion of the Advisory Council, need to be brought under this Act and the controls (if any) that are, or should be, applicable to them; and

   2. (b)

      to advise the Minister on the measures that should, in the opinion of the Advisory Council, be taken in relation to imposing, withdrawing or varying controls in respect of any of those substances or devices; and

   3. (c)

      to monitor the administration and operation of this Act; and

   4. (d)

      such other functions as the Minister may assign to the Advisory Council.

2. (2)

   The Advisory Council may make recommendations to the Minister for—

   1. (a)

      amendments to this Act; or

   2. (b)

      making, varying or revoking regulations under this Act.

3. (3)

   The Advisory Council must advise the Minister on any matter referred by the Minister to the Advisory Council for advice.

4. (4)

   The Advisory Council may establish subcommittees for the purpose of giving advice to the Advisory Council in the performance of its functions.

5. (5)

   A subcommittee will consist of such members of the Advisory Council, and such other persons co-opted by the Advisory Council, as the Advisory Council thinks fit.

6. (6)

   The Advisory Council must, not later than 31 October in each year, report to the Minister on the administration and operation of this Act during the previous financial year.

7. (7)

   The Minister must, as soon as practicable after receipt of a report submitted under subsection (6), cause a copy of the report to be laid before each House of Parliament.

Part 2AApplication in South Australia of Commonwealth therapeutic goods lawsDivision 1Applied provisions

11AApplication of Commonwealth therapeutic goods laws

1. (1)

   The Commonwealth therapeutic goods laws, as in force for the time being and as modified by or under this Part, apply as a law of South Australia.

2. (2)

   Those Commonwealth therapeutic goods laws so apply as if they extended to—

   1. (a)

      things done or omitted to be done by persons who are not corporations; and

   2. (b)

      things done or omitted to be done in the course of trade and commerce within the limits of South Australia.

3. (3)

   For the purposes of this section, the Commonwealth therapeutic goods laws are modified as follows:

   1. (a)

      a reference to the Federal Court or the Federal Court of Australia is to be read as a reference to the District Court of South Australia;

   2. (b)

      a reference to the Administrative Appeals Tribunal is to be read as a reference to the Tribunal;

   3. (c)

      a reference to a prescribed court is to be read as a reference to a prescribed court excluding the Federal Court;

   4. (d)

      any other modifications specified by the regulations.

11BInterpretation of Commonwealth therapeutic goods laws

1. (1)

   The Acts Interpretation Act 1901 of the Commonwealth, as in force for the time being—

   1. (a)

      applies to the interpretation of the applied provisions; and

   2. (b)

      so applies as if the applied provisions were an Act of the Commonwealth or regulations or orders under a Commonwealth Act, as the case requires.

2. (2)

   The Acts Interpretation Act 1915 does not apply to the applied provisions.

Division 2Functions and powers under applied provisions11CFunctions and powers of Commonwealth Minister

The Commonwealth Minister has the same functions and powers under the applied provisions as that Minister has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth.

11DFunctions and powers of Commonwealth Secretary

1. (1)

   The Commonwealth Secretary has the same functions and powers under the applied provisions as that Secretary has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth.

2. (2)

   Without limiting subsection (1), the Commonwealth Secretary has the function of including goods in the Australian Register of Therapeutic Goods kept under the applied provisions and is authorised to cancel the inclusion of goods in that Register in accordance with those provisions.

11ECommonwealth may retain fees paid to Commonwealth Secretary

The Commonwealth may retain fees paid to, or recovered by, the Commonwealth Secretary in respect of the performance or exercise of functions or powers conferred on the Commonwealth Secretary by the applied provisions.

11FFunctions and powers of other persons

An authorised person, authorised officer or official analyst appointed under the Commonwealth therapeutic goods laws has the same functions and powers under the applied provisions as that person, officer or analyst has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth.

11GDelegation by Commonwealth Minister or Commonwealth Secretary

Any delegation by the Commonwealth Minister or the Commonwealth Secretary under section 57 of the Commonwealth Act is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.

11HAppointments under Commonwealth therapeutic goods laws

The appointment of a person to an office or position under a provision of the Commonwealth therapeutic goods laws is taken to extend to, and have effect for the purposes of, the applied provisions.

Division 3Offences against applied provisions

11IApplication of Commonwealth criminal laws to offences against applied provisions

1. (1)

   The relevant Commonwealth laws apply as laws of South Australia in relation to any offence committed against the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of South Australia.

2. (2)

   For the purposes of a law of South Australia, an offence against the applied provisions—

   1. (a)

      is taken to be an offence against the laws of the Commonwealth in the same way as if the applied provisions were a law of the Commonwealth; and

   2. (b)

      is taken not to be an offence against the laws of South Australia.

3. (3)

   Subsection (2) has effect for the purposes of a law of South Australia except as prescribed by the regulations.

11JFunctions and powers conferred on certain Commonwealth officers and authorities relating to offences

1. (1)

   A provision of the applied provisions applying because of section 11I that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth therapeutic goods laws also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.

2. (2)

   In performing a function, or exercising a power, conferred by subsection (1), the Commonwealth officer or authority must act as nearly as is practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth therapeutic goods laws.

11KNo double jeopardy for offences against applied provisions

If—

1. (a)

   an act or omission is both an offence against the applied provisions and an offence against the Commonwealth therapeutic goods laws; and

2. (b)

   the offender has been punished for that offence under the Commonwealth therapeutic goods laws,

the offender is not liable to be punished for that offence under the applied provisions.

Division 4Reviews and appeals11LTribunal may sit with assessors

1. (1)

   For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of persons who have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal on a review or an appeal under the applied provisions.

2. (2)

   In any proceedings before the Tribunal on a review or an appeal under the applied provisions, the Tribunal may, if the President so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (1).

3. (3)

   In this section—

President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.

Part 3Controlled substances

12Declaration of poisons, prescription drugs, drugs of dependence, controlled drugs etc

1. (1)

   The Governor may, by regulation, declare, individually or by class, any substance that in the Governor's opinion has the potential to be harmful to humans to be a poison for the purposes of this Act.

2. (2)

   The Governor may, by regulation, declare, individually or by class, a poison to be a prescription drug for the purposes of this Act.

3. (3)

   The Governor may, by regulation, declare, individually or by class, a poison that in the Governor's opinion may lead to dependence in humans to be a drug of dependence for the purposes of this Act.

4. (4)

   The Governor may, by regulation, declare, individually or by class, any substance that in the Governor's opinion may lead to dependence in humans or is of exceptional danger to humans to be a controlled drug for the purposes of this Act.

5. (4a)

   The Governor may, by regulation, declare, individually or by class, a substance that in the Governor's opinion may be used in the manufacture of a controlled drug to be a controlled precursor for the purposes of this Act.

6. (4b)

   The Governor may, by regulation, declare, individually or by class, a plant that in the Governor's opinion has the potential if it, or any product of it, is smoked or consumed by, or administered to, humans to lead to dependence in humans to be a controlled plant for the purposes of this Act.

7. (7)

   The Governor may, by regulation, declare, individually or by class, any substance that in the Governor's opinion is a volatile solvent, or contains a volatile solvent, to be a volatile solvent for the purposes of this Act.

8. (8)

   In any regulations made for the purposes of this section, the Governor may assign a poison or drug of dependence to a specified class or specified classes.

12AInterim controlled drugs

1. (1)

   The Attorney‑General may, if he or she is of the opinion that a substance may be of exceptional danger to humans, by notice in the Gazette, declare the substance to be an interim controlled drug.

2. (2)

   A notice under subsection (1)—

   1. (a)

      operates for a period specified in the notice (being a period of not more than 12 months); and

   2. (b)

      may be varied or revoked at any time by the Attorney‑General by further notice in the Gazette; and

   3. (c)

      may refer to a substance by its trade name or in any other manner.

Part 4General offences13Manufacture and packing

1. (1)

   A person must not manufacture or pack a poison, medicine or medical device to which this section applies unless the person—

   1. (a)

      is a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession; or

   2. (b)

      is licensed to do so by the Minister.

Maximum penalty: $10 000.

1. (2)

   This section applies to such poisons (other than prescription drugs), medicines or medical devices as may be prescribed, individually or by class, by the regulations.

2. (3)

   In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.

3. (4)

   In this section—

manufacture—

1. (a)

   in relation to a substance, means undertake any process by which the substance is extracted, produced, refined, separated into discrete units or otherwise prepared; and

2. (b)

   in relation to a device, means undertake any process by which the device is produced.

14Sale by wholesale

1. (1)

   A person must not sell by wholesale a poison, medicine or medical device to which this section applies unless the person—

   1. (a)

      is a pharmacist acting in the ordinary course of his or her profession; or

   2. (b)

      is licensed to do so by the Minister.

Maximum penalty: $10 000.

1. (2)

   This section applies to such poisons (other than prescription drugs), medicines or medical devices as may be prescribed, individually or by class, by the regulations.

2. (3)

   In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.

15Sale or supply to end user

1. (1)

   A person must not sell by retail or supply to a person a poison, medicine or medical device to which this section applies unless the person—

   1. (a)

      is a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession; or

   2. (b)

      is licensed to do so by the Minister.

Maximum penalty: $10 000.

1. (2)

   This section applies to such poisons (other than prescription drugs), medicines or medical devices as may be prescribed, individually or by class, by the regulations.

2. (3)

   In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.

16Sale of certain poisons

1. (1)

   A person must not sell a poison to which this section applies to a person under the age of 18 years.

Maximum penalty: $10 000.

1. (2)

   A person must not sell a poison to which this section applies—

   1. (a)

      unless the purchaser is known to the vendor; or

   2. (b)

      unless the purchaser produces satisfactory evidence of his or her identity.

Maximum penalty: $10 000.

1. (3)

   If a person seeks to purchase a poison to which this section applies, the vendor must ask the prospective purchaser the purpose for which the poison is required, and must not proceed with the sale unless the question is satisfactorily answered.

Maximum penalty: $10 000.

1. (4)

   A person who sells poisons to which this section applies must keep prescribed records.

Maximum penalty: $10 000.

1. (5)

   This section applies to such poisons as may be prescribed, individually or by class, by the regulations.

17Sale of poisons the possession of which requires a licence

A person must not sell a poison the possession of which requires a licence under this Act unless the purchaser produces his or her licence.

Maximum penalty: $10 000.

17AManufacture, sale, supply or possession of certain precursors

1. (1)

   A person must not, unless he or she holds a permit from the Minister to do so, manufacture, sell or supply a poison to which this section applies (a section 17A precursor).

Maximum penalty: $15 000 or imprisonment for 3 years, or both.

1. (2)

   A person must not, unless he or she holds a permit from the Minister to do so, be in possession of a section 17A precursor.

Maximum penalty: $10 000 or imprisonment for 2 years, or both.

1. (3)

   A person must not sell a section 17A precursor unless the purchaser produces the permit under which the person is entitled to be in possession of the section 17A precursor.

Maximum penalty: $10 000 or imprisonment for 2 years, or both.

1. (4)

   This section applies to such poisons as may be prescribed, individually or by class, by the regulations.

17BStorage and sale of certain precursors

1. (1)

   A person must not sell a poison to which this section applies (a section 17B precursor) to another person unless—

   1. (a)

      the purchaser holds an account with the seller; and

   2. (b)

      the sale is transacted as a sale on account pursuant to a duly completed order form supplied by the purchaser; and

   3. (c)

      the order form is accompanied by a duly completed end user statement in the form prescribed by regulation; and

   4. (d)

      the person collecting the precursor produces his or her driver's licence, passport or other satisfactory evidence of the person's identity that includes a photograph; and

   5. (e)

      the seller is satisfied that the person collecting the precursor is the purchaser or is acting on behalf of the purchaser; and

   6. (f)

      the seller duly completes the seller's section of the end user statement.

Maximum penalty: $10 000 or imprisonment for 3 years, or both.

1. (2)

   A seller of section 17B precursors—

   1. (a)

      must, in relation to each sale of such a precursor, keep a record of—

      1. (i)

         the name and address of the purchaser; and

      2. (ii)

         the name of the precursor and the quantity sold; and

      3. (iii)

         the date of the sale; and

   2. (b)

      must retain an end user statement for at least 5 years after the date of the sale to which it relates; and

   3. (c)

      must make the record referred to in paragraph (a) and the end user statements available for inspection at any time by an authorised officer.

Maximum penalty: $10 000 or imprisonment for 3 years, or both.

1. (3)

   A seller of section 17B precursors must, if at any time he or she forms a suspicion that an order or enquiry for the purchase of such a precursor may be connected to an unlawful use of the precursor, inform the Commissioner of Police of the suspicion.

Maximum penalty: $1 000 or imprisonment for 12 months, or both.

1. (4)

   A seller of section 17B precursors—

   1. (a)

      must keep those precursors in storage that is secure from access by any person other than the seller or a person who is authorised in writing by the seller to have such access; and

   2. (b)

      must retain such a written authorisation while it is current and for at least 5 years after it ceases to have effect and make it available for inspection at any time by an authorised officer; and

   3. (c)

      must cause the stock of those precursors to be checked, after each sale, by some person other than the person who directly handled the sale.

Maximum penalty: $1 000 or imprisonment for 12 months, or both.

1. (5)

   This section does not apply in relation to the sale of a section 17B precursor if the sale—

   1. (a)

      is of a section 17B precursor contained in a preparation designed, packaged and labelled for human or animal therapeutic use; and

   2. (b)

      is made to, or by, a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession.

2. (6)

   This section applies to such poisons as may be prescribed, individually or by class, by the regulations.

17CRegulation of sale of certain precursors

1. (1)

   A person must not sell a poison to which this section applies (a section 17C precursor) to another person unless—

1. 1. (a)

      the purchaser provides the seller with a duly completed end user statement in the form prescribed by regulation; and

   2. (b)

      the purchaser produces his or her driver's licence, passport or other satisfactory evidence of the person's identity that includes a photograph; and

   3. (c)

      the seller duly completes the seller's section of the end user statement.

Maximum penalty: $10 000 or imprisonment for 3 years, or both.

1. (2)

   A seller of section 17C precursors must, if at any time he or she forms a suspicion that an order or enquiry for the purchase of such a precursor may be connected to an unlawful use of the precursor, inform the Commissioner of Police of the suspicion.

Maximum penalty: $1 000 or imprisonment for 12 months, or both.

1. (3)

   This section does not apply in relation to the sale of a section 17C precursor if the sale—

   1. (a)

      is of a section 17C precursor contained in a preparation designed, packaged and labelled for human or animal therapeutic use; and

   2. (b)

      is made to, or by, a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession.

2. (4)

   This section applies to such poisons as may be prescribed, individually or by class, by the regulations.

18Regulation of prescription drugs

1. (1)

   A person must not prescribe a prescription drug (not being a drug of dependence) except as follows:

   1. (a)

      a registered health practitioner may prescribe a prescription drug (not being a drug of dependence) for a person if he or she is acting in the ordinary course of the practitioner's profession and—

      1. (i)

         the practitioner is a dentist, medical practitioner or nurse practitioner; or

      2. (ii)

         the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to prescribe a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or

      3. (iii)

         the practitioner is authorised to prescribe the drug by the regulations;

   2. (b)

      a veterinary surgeon may prescribe a prescription drug (not being a drug of dependence) for an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession;

   3. (c)

      a person may prescribe a prescription drug (not being a drug of dependence) for a person or an animal if licensed to do so by the Minister.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (1a)

   A person must not sell a prescription drug (not being a drug of dependence) by wholesale except as follows:

   1. (a)

      a pharmacist may sell a prescription drug (not being a drug of dependence) by wholesale if the pharmacist is acting in the ordinary course of the pharmacist's profession;

   2. (b)

      a person may sell a prescription drug (not being a drug of dependence) by wholesale if licensed to do so by the Minister.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (1b)

   A person must not sell a prescription drug (not being a drug of dependence) by retail except as follows:

   1. (a)

      a pharmacist may sell a prescription drug (not being a drug of dependence) by retail if the pharmacist—

      1. (i)

         is dispensing the drug on the prescription of a person of a class authorised to prescribe the drug; and

      2. (ii)

         is acting in the ordinary course of the pharmacist's profession;

   2. (b)

      a registered health practitioner may sell a prescription drug (not being a drug of dependence) by retail if the practitioner is acting in the ordinary course of the practitioner's profession and—

      1. (i)

         the practitioner is a dentist, medical practitioner or nurse practitioner; or

      2. (ii)

         the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to sell a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or

      3. (iii)

         the practitioner is authorised to sell the drug by the regulations;

   3. (c)

      a veterinary surgeon may sell a prescription drug (not being a drug of dependence) by retail if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession;

   4. (d)

      a person may sell a prescription drug (not being a drug of dependence) by retail if the person is licensed to do so by the Minister.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (1c)

   A person must not supply a prescription drug (not being a drug of dependence) to another person except as follows:

   1. (a)

      a pharmacist may supply a prescription drug (not being a drug of dependence) to a person if the pharmacist—

      1. (i)

         is dispensing the drug on the prescription of a person of a class authorised to prescribe the drug; and

      2. (ii)

         is acting in the ordinary course of the pharmacist's profession;

   2. (b)

      a registered health practitioner may supply a prescription drug (not being a drug of dependence) to a person if the practitioner is acting in the ordinary course of the practitioner's profession and—

      1. (i)

         the practitioner is a dentist, medical practitioner, nurse or midwife; or

      2. (ii)

         the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to supply a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or

      3. (iii)

         the practitioner is authorised to supply the drug by the regulations;

   3. (c)

      a veterinary surgeon may supply a prescription drug (not being a drug of dependence) to a person for an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession;

   4. (d)

      a person may supply a prescription drug (not being a drug of dependence) to another person if licensed to do so by the Minister.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (1d)

   A person must not administer a prescription drug (not being a drug of dependence) to another person or an animal except as follows:

   1. (a)

      a registered health practitioner may administer a prescription drug (not being a drug of dependence) to a person if the practitioner is acting in the ordinary course of the practitioner's profession and—

      1. (i)

         the practitioner is a dentist, medical practitioner, nurse or midwife; or

      2. (ii)

         the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to administer a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or

      3. (iii)

         the practitioner is authorised to administer the drug by the regulations;

   2. (b)

      a veterinary surgeon may administer a prescription drug (other than a drug of dependence) to an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession;

   3. (c)

      a person may administer a prescription drug (not being a drug of dependence) to another person if—

      1. (i)

         the person is licensed to do so by the Minister; or

      2. (ii)

         the drug has been lawfully prescribed for, or supplied to, that other person;

   4. (d)

      a person may administer a prescription drug (not being a drug of dependence) to an animal if—

      1. (i)

         the person is licensed to do so by the Minister; or

      2. (ii)

         the drug has been lawfully prescribed or supplied for that animal.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (1e)

   A person must not manufacture or pack a prescription drug (not being a drug of dependence) except as follows:

   1. (a)

      a pharmacist may manufacture or pack a prescription drug (not being a drug of dependence) if the pharmacist is acting in the ordinary course of the pharmacist's profession;

   2. (b)

      a registered health practitioner may manufacture or pack a prescription drug (not being a drug of dependence) if the practitioner is acting in the ordinary course of the practitioner's profession and—

      1. (i)

         the practitioner is a dentist, medical practitioner or nurse practitioner; or

      2. (ii)

         the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to sell, supply or administer a scheduled medicine or class of scheduled medicines, the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement and the manufacture or packing is incidental to the sale, supply or administration of the drug; or

      3. (iii)

         the practitioner is authorised to manufacture or pack the drug by the regulations;

   3. (c)

      a veterinary surgeon may manufacture or pack a prescription drug (not being a drug of dependence) if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession;

   4. (d)

      a person may manufacture or pack a prescription drug (not being a drug of dependence) if licensed to do so by the Minister;

   5. (e)

      a person may manufacture or pack a prescription drug (not being a drug of dependence) if—

      1. (i)

         the drug has been lawfully prescribed for the person, another person or an animal; and

      2. (ii)

         the manufacture or packing is incidental to the administration of the drug as so prescribed.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (2)

   A person must not prescribe a prescribed prescription drug unless the person has the qualifications or meets the requirements specified in the regulations for the purposes of this subsection.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (3)

   A person must not have in his or her possession a prescription drug (not being a drug of dependence) unless he or she—

   1. (a)

      is the person, or is acting on behalf of the person, for whom the drug has been lawfully prescribed or supplied; or

   2. (b)

      is the owner, or is acting on behalf of the owner, of an animal for whom the drug has been lawfully prescribed or supplied; or

   3. (c)

      is a person authorised by law to sell or supply prescription drugs; or

   4. (d)

      is licensed to do so by the Minister; or

   5. (e)

      has other lawful authority or reasonable excuse for doing so.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (4)

   In proceedings for an offence against subsection (1) or (3), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority and, in the case of a complaint for an offence against subsection (3), without reasonable excuse, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.

2. (5)

   In this section—

manufacture, in relation to a substance, means undertake any process by which the substance is extracted, produced, refined, separated into discrete units or otherwise prepared.

18ARestriction of prescription or supply of drug of dependence in certain circumstances

1. (a1)

   A person must not prescribe for a person or an animal a drug of dependence except as follows:

   1. (a)

      a registered health practitioner may prescribe a drug of dependence for a person if the practitioner is acting in the ordinary course of the practitioner's profession and—

      1. (i)

         the practitioner is a dentist, medical practitioner or nurse practitioner; or

      2. (ii)

         the practitioner is a registered health practitioner whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to prescribe a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or

      3. (iii)

         the practitioner is authorised to prescribe the drug by the regulations;

   2. (b)

      a veterinary surgeon may prescribe a drug of dependence for an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (1)

   A registered health practitioner must not prescribe any drug of dependence for, or supply any drug of dependence to—

   1. (a)

      a person for regular use by the person during a period exceeding 2 months, or during a period that, together with any other period for which a drug of dependence has, to the practitioner's knowledge, been prescribed or supplied by a registered health practitioner, would result in drugs of dependence being regularly used by the person during a period exceeding 2 months; or

   2. (b)

      a person who the practitioner knows or has reasonable cause to believe is dependent on drugs,

unless the practitioner prescribes or supplies the drug in accordance with an authority granted by the Minister under this section or in circumstances that are exempted from this subsection by the regulations.

Maximum penalty: $4 000 or imprisonment for 4 years.

1. (2)

   For the purposes of this section, a person is dependent on drugs if—

   1. (a)

      the person—

      1. (i)

         has acquired, as a result of the repeated administration of prescription drugs or controlled drugs, an overpowering desire for the continued administration of such drugs; and

      2. (ii)

         is likely to suffer mental or physical distress or disorder on cessation of the administration of such drugs; or

   2. (b)

      the person has a history of consuming or using prescription drugs or controlled drugs in a quantity or manner that—

      1. (i)

         in the case of drugs lawfully supplied to the person—is contrary to the prescribing practitioner's instructions relating to consumption or use of the drug; and

      2. (ii)

         in any case—presents a risk to the person's health.

2. (3)

   An application for the authority of the Minister to prescribe or supply a drug of dependence under this section must—

   1. (a)

      be made in a manner and form approved by the Minister by the registered health practitioner who proposes to prescribe or supply the drug; and

   2. (b)

      include such information as the Minister may require.

3. (4)

   The Minister may give an authority to the registered health practitioner by whom any such application is made to prescribe for or supply to the person to whom the application relates a drug of dependence specified in the authority for therapeutic purposes.

4. (5)

   An authority to prescribe or supply a drug of dependence—

   1. (a)

      will be given in a manner and form determined by the Minister; and

   2. (b)

      will specify—

      1. (i)

         the quantity of the drug of dependence that may be so prescribed or supplied by the registered health practitioner to whom the authority is given; and

      2. (ii)

         the period for which any such drug may be so prescribed or supplied.

5. (6)

   In the case of an emergency the Minister may issue a registered health practitioner authorised to prescribe a drug of dependence a temporary authority to prescribe or supply a drug of dependence under this section.

6. (7)

   A temporary authority—

   1. (a)

      may be applied for, and given, orally; and

   2. (b)

      cannot operate in respect of a period longer than 2 months.

7. (8)

   An authority or temporary authority given under this section—

   1. (a)

      may be subject to such conditions as the Minister thinks fit; and

   2. (b)

      may be varied or revoked by the Minister at any time by notice given to the holder of the authority or temporary authority in a manner and form determined by the Minister.

19Sale or supply of volatile solvents

1. (1)

   A person must not sell or supply a volatile solvent to another person if he or she suspects, or there are reasonable grounds for suspecting, that the other person—

   1. (a)

      intends to inhale the solvent; or

   2. (b)

      intends to sell or supply the solvent to a further person for inhalation by that further person.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (2)

   If a person, acting at the request of another person, purchases a volatile solvent on behalf of the other person for the purpose of inhalation, the person is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (3)

   A person must not sell or supply a volatile solvent to which this subsection applies to a person under the age prescribed for the volatile solvent.

Maximum penalty: $10 000.

1. (4)

   Subsection (3) applies to such volatile solvents as may be prescribed, individually or by class, by the regulations.

2. (5)

   An authorised officer may confiscate a volatile solvent (together with its container) found in the possession of a person if the authorised officer has reason to suspect that the person has the solvent for the purpose of inhalation.

3. (6)

   Anything confiscated under subsection (5) is forfeited to the Crown and may be sold, destroyed or otherwise disposed of as the Minister or the Commissioner of Police directs.

20Prohibition of automatic vending machines

1. (1)

   A person must not—

   1. (a)

      whether on premises of which the person is the owner or in any other place—

      1. (i)

         install an automatic vending machine for the sale or supply of a poison, medicine or medical device; or

      2. (ii)

         sell or supply a poison, medicine or medical device by means of an automatic vending machine; or

   2. (b)

      permit or suffer any such vending machine to be installed or operated on premises of which he or she is the owner.

Maximum penalty: $5 000.

1. (2)

   This section does not apply to a poison, medicine or medical device prescribed, or of a class prescribed, by regulation or in circumstances prescribed by regulation.

21Sale, supply, possession or administration of other potentially harmful substances or devices

1. (1)

   The Minister may, by notice published in the Gazette, prohibit the sale, supply, possession or administration of—

   1. (a)

      any substance or device specified in the order, being a substance or device that should not, in the Minister's opinion, be sold, supplied, possessed or administered pending evaluation of its harmful properties; and

   2. (b)

      in the case of a substance, any preparation containing that substance.

2. (2)

   A person must not contravene a notice published under subsection (1).

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (3)

   The Minister may, by notice published in the Gazette, vary or revoke a notice published under subsection (1).

2. (4)

   On publishing a notice under this section, the Minister must refer the subject matter of the notice to the Advisory Council for its consideration.

22Possession

1. (1)

   A person must not have in his or her possession a poison to which this section applies unless licensed to do so by the Minister.

Maximum penalty: $10 000.

1. (2)

   This section applies to such poisons (other than drugs of dependence) as may be prescribed, individually or by class, by the regulations.

23Quality

1. (1)

   A person must not sell by wholesale or by retail or supply a poison, medicine or medical device that does not conform with the regulations.

Maximum penalty: $10 000.

1. (2)

   It is a defence for a person charged with an offence against this section to prove that he or she did not know and could not, by the exercise of reasonable diligence, have known that the subject matter of the offence did not conform with the regulations.

24Packaging and labelling

A person must not sell by wholesale or by retail or supply to a person a poison, medicine or medical device unless—

1. (a)

   it is enclosed in a package or container; and

2. (b)

   the package or container conforms with the regulations; and

3. (c)

   the package or container is labelled in accordance with the regulations.

Maximum penalty: $10 000.

25Storage

A person must not store a poison, medicine or medical device contrary to the regulations.

Maximum penalty: $10 000.

26Transport

A person must not transport a poison, medicine or medical device contrary to the regulations.

Maximum penalty: $10 000.

27Use

A person must not—

1. (a)

   use a poison, medicine or medical device for a purpose or in a manner prohibited by the regulations; or

2. (b)

   sell, supply, prescribe, or purchase a poison, medicine or medical device for a purpose prohibited by the regulations.

Maximum penalty: $10 000.

28Prohibition of advertisement

1. (1)

   A person must not advertise that a poison, controlled drug, medicine or medical device to which this section applies is available for sale or supply.

Maximum penalty: $10 000.

1. (2)

   This section applies to such poisons, controlled drugs, medicines and medical devices as may be prescribed, individually or by class, by the regulations.

29Regulation of advertisement

A person must comply with the regulations in advertising that a poison, medicine or medical device is available for sale or supply.

Maximum penalty: $10 000.

30Forgery etc of prescriptions

1. (1)

   A person must not forge or fraudulently alter or utter a prescription or other document, or have in his or her possession such a prescription or document knowing it to be forged or fraudulently altered, with a view to obtaining a prescription drug.

Maximum penalty: $15 000 or imprisonment for 5 years.

1. (2)

   A person must not knowingly, by false representation, obtain—

   1. (a)

      a prescription drug; or

   2. (b)

      a prescription for a prescription drug.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (2a)

   A person must not, in or in connection with obtaining a prescription drug, give to the person prescribing or supplying the drug a name or address that is false.

Maximum penalty: $10 000.

1. (3)

   A pharmacist must retain any prescription or other document that he or she has reasonable cause to believe has been forged or fraudulently altered and must forthwith deliver any such prescription or document to the Commissioner of Police.

Part 4ALicences to cultivate alkaloid poppies and process poppy strawDivision 1Preliminary30AInterpretation

In this Part—

alkaloid poppy means a plant or any part of a plant whether fresh or dried of—

1. (a)

   Papaver bracteatum Lindley; or

2. (b)

   Papaver somniferum L.;

alkaloid poppy register means the register established under section 30ZZG;

associate has the same meaning given in section 30B;

Chief Executive means the Chief Executive of the Department that is, under the Minister, responsible for the administration of the Agricultural and Veterinary Chemicals (South Australia) Act 1994;

Commonwealth licence to export means a licence to export narcotic substances which relates to the export of poppy straw under the Customs Act 1901 of the Commonwealth;

Commonwealth licence to manufacture means a licence to manufacture narcotic drugs which relates to the manufacturing of opiates from alkaloid poppies under the Narcotic Drugs Act 1967 of the Commonwealth;

criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;

detention or seizure receipt means a receipt given in accordance with section 30ZC or section 30ZI;

disqualified person means—

1. (a)

   a person who is under the age of 17 years unless the person is an apprentice or trainee within the meaning of the South Australian Skills Act 2008; or

2. (b)

   a person against whom a finding of guilt in respect of a serious offence was made by a court (whether in or outside South Australia) in the 10 years preceding the date an application is made under this Part; or

3. (c)

   a person against whom a finding of guilt for an offence under this Act or an offence under a corresponding law of another jurisdiction was made by a court (whether in or outside South Australia) in the 5 years preceding the date an application is made under this Part; or

4. (d)

   a person who belongs to a prescribed class of persons;

employee, in relation to a licensed grower or a licensed processor, includes a person who is—

1. (a)

   employed under a contract of employment; or

2. (b)

   employed under a training contract; or

3. (c)

   engaged under any other contract to perform a specified task authorised under a poppy cultivation licence or a poppy processing licence;

employee identification certificate means a certificate issued to an employee by a licensed grower under section 30J or by a licensed processor under section 30T;

harvest and destruction order means an order made under section 30ZM(3);

inspector means—

1. (a)

   a person authorised under section 30Z; and

2. (b)

   an inspector under Part IVB of the Drugs, Poisons and Controlled Substances Act 1981 of Victoria; and

3. (c)

   a police officer;

inspector identification certificate means a certificate issued to an inspector under section 30ZA;

licence holder means—

1. (a)

   a licensed grower; or

2. (b)

   a licensed processor;

licensed grower means the holder of a poppy cultivation licence;

licensed processor means the holder of a poppy processing licence;

poppy cultivation licence means a licence issued under section 30F(2);

poppy processing licence means a licence issued under section 30P(2);

poppy straw means the upper parts of an alkaloid poppy, including the stem and capsule, harvested after mowing;

process, in relation to poppy straw, means—

1. (a)

   to prepare or treat poppy straw in any manner other than refinement, concentration, extraction or reaction unless the refinement, concentration, extraction or reaction is for chemical analysis for non‑therapeutic use; or

2. (b)

   to store poppy straw;

risk management plan means a plan that forms part of a poppy cultivation licence or a poppy processing licence;

seized material means any alkaloid poppies, poppy straw or material derived from alkaloid poppies or poppy straw seized by an inspector under section 30ZH;

serious offence means—

1. (a)

   an indictable offence involving dishonesty, fraud or assault; or

2. (b)

   an indictable offence involving possession, or cultivation of, or trafficking in, a drug of dependence; or

3. (c)

   any other indictable offence under this Act; or

4. (d)

   an indictable offence under the law of another jurisdiction involving—

   1. (i)

      dishonesty, fraud or assault; or

   2. (ii)

      possession, or cultivation of, or trafficking in, a drug of dependence;

specified premises means premises to which a licence under this Part applies;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

30BMeaning of associate

1. (1)

   For the purposes of this Part, a person who is of or above the age of 18 years is an associate of an applicant for a poppy cultivation licence or a poppy processing licence or a licence holder if the person—

   1. (a)

      holds any relevant financial interest, or is entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant or the licence holder (being the business to which the application or licence relates), and by virtue of that interest or power, is able to exercise a significant influence over or with respect to the management or operation of the business; or

   2. (b)

      holds any relevant position (whether in right of the person or on behalf of any other person) in the business of the applicant or the licence holder (being the business to which the application or licence relates); or

   3. (c)

      is a relative of the applicant or the licence holder; or

   4. (d)

      is in a position to exercise control or significant influence over the conduct of the applicant or the licence holder.

2. (2)

   In subsection (1)—

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

relative means a person who is—

1. (a)

   a spouse or domestic partner; or

2. (b)

   a parent; or

3. (c)

   a step‑parent; or

4. (d)

   a sibling or step‑sibling; or

5. (e)

   a child, step‑child or adopted child;

relevant financial interest in relation to a business means—

1. (a)

   any share in the capital of the business; or

2. (b)

   any entitlement to receive any income derived from the business;

relevant position in relation to the business of an applicant or a licence holder means—

1. (a)

   the position of director, partner, trustee, manager or other executive position or secretary, however that position is designated; and

2. (b)

   any other person determined by the Chief Executive to be associated or connected with the ownership, administration or management of the operations or business of the applicant;

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

1. (a)

   to participate in any directorial, managerial or executive decision; or

2. (b)

   to elect or appoint any person to any relevant position;

spouse—a person is the spouse of another if they are legally married.

30CMatters to be considered – fit and proper person

1. (1)

   For the purpose of preventing criminal activity in the cultivation of alkaloid poppies and the processing of poppy straw, the Chief Executive must not issue a licence under this Part to an applicant unless the Chief Executive is satisfied that—

   1. (a)

      neither the applicant nor any associate of the applicant has been found guilty in respect of a serious offence (whether in or outside South Australia) during the 10 years preceding the date of making the application under this Part; and

   2. (b)

      the applicant and each associate of the applicant is a suitable person to be concerned in or associated with the cultivation of alkaloid poppies or the processing of poppy straw, as the case requires; and

   3. (c)

      the applicant's property or premises will be suitable for the cultivation of alkaloid poppies or the processing of poppy straw, as the case requires, in relation to location, facilities and proposed security arrangements; and

   4. (d)

      the applicant meets the prescribed requirements (if any).

2. (2)

   For the purpose of preventing criminal activity in the cultivation of alkaloid poppies and the processing of poppy straw, the Chief Executive must not—

   1. (a)

      renew a poppy cultivation licence of a licensed grower unless the Chief Executive is satisfied that—

      1. (i)

         neither the licensed grower nor any associate of the licensed grower has been found guilty in respect of a serious offence (whether in or outside South Australia) during the 3 years preceding the date of making the application for renewal under this Part; and

      2. (ii)

         the licensed grower and each associate of the licensed grower is a suitable person to be concerned in or associated with the cultivation of alkaloid poppies; and

      3. (iii)

         the licensed grower's property or premises are suitable for the cultivation of alkaloid poppies, in relation to location, facilities and proposed security arrangements; and

      4. (iv)

         the licensed grower meets the prescribed requirements (if any); or

   2. (b)

      renew a poppy processing licence of a licensed processor unless the Chief Executive is satisfied that—

      1. (i)

         neither the licensed processor nor any associate of the licensed processor has been found guilty in respect of a serious offence (whether in or outside South Australia) during the 12 months preceding the date of making the application for renewal under this Part; and

      2. (ii)

         the licensed processor and each associate of the licensed processor is a suitable person to be concerned in or associated with the processing of poppy straw; and

      3. (iii)

         the licensed processor's property or premises are suitable for the processing of poppy straw in relation to location, facilities and proposed security arrangements; and

      4. (iv)

         the licensed processor meets the prescribed requirements (if any).

3. (3)

   Without limiting subsection (1) or (2), the Chief Executive may consider whether—

   1. (a)

      the applicant, the licensed grower or the licensed processor and each associate of the applicant, the licensed grower or the licensed processor is of good repute, having regard to character, honesty and integrity; and

   2. (b)

      the applicant, the licensed grower or the licensed processor or any associate of the applicant, the licensed grower or the licensed processor has a history of non‑compliance with the Act; and

   3. (c)

      in the case of an application for a licence, the applicant or any associate of the applicant has within the 10 years preceding the date of making the application been found guilty by a court (whether in or outside South Australia) of any offence; and

   4. (d)

      in the case of an application for the renewal of a poppy cultivation licence, the licensed grower or any associate of the licensed grower has within the 3 years preceding the date of making the application for renewal been found guilty by a court (whether in or outside South Australia) of any offence; and

   5. (e)

      in the case of an application for the renewal of a poppy processing licence, the licensed processor or any associate of the licensed processor has within the 12 months preceding the date of making the application for renewal been found guilty by a court (whether in or outside South Australia) of any offence; and

   6. (f)

      in the case of an applicant, a licensed grower or a licensed processor that is not a natural person, the applicant, the licensed grower or the licensed processor has a satisfactory ownership, trust or corporate structure; and

   7. (g)

      the applicant, the licensed grower or the licensed processor is of sound and stable financial background; and

   8. (h)

      the financial circumstances of the applicant, the licensed grower or the licensed processor may significantly limit the person's capacity to meet the person's obligations in conducting activities under the licence in compliance with the terms and conditions applying to the relevant licence.

Division 2Poppy cultivation licence30DApplication for poppy cultivation licence

1. (1)

   A person may apply for a poppy cultivation licence which authorises a person for commercial purposes relating to therapeutic use—

   1. (a)

      to cultivate or possess alkaloid poppies; and

   2. (b)

      to sell or supply poppy straw to a licensed processor at premises specified in the licence.

2. (2)

   A person may apply for a poppy cultivation licence for research purposes relating to non‑therapeutic use—

   1. (a)

      to cultivate or possess alkaloid poppies; and

   2. (b)

      to conduct measurements, analyses and extractions, including extraction of alkaloids from alkaloid poppies for chemical analyses at specified premises; and

   3. (c)

      to supply alkaloid poppies or poppy straw to a licensed processor.

3. (3)

   An application under subsection (1) or (2) must—

   1. (a)

      be in writing; and

   2. (b)

      be accompanied by a copy of the proposed risk management plan; and

   3. (c)

      be accompanied by the relevant prescribed application fee (if any); and

   4. (d)

      be accompanied by any other prescribed particulars.

4. (4)

   An application under subsection (1) or (2) must contain or be accompanied by evidence to the satisfaction of the Chief Executive that the applicant is a fit and proper person to be given a licence and—

   1. (a)

      in the case of an application under subsection (1), intends to undertake a bona fide commercial activity relating to the therapeutic use of alkaloid poppies under the licence and includes evidence of the commercial activity to be carried out; or

   2. (b)

      in the case of an application under subsection (2), intends to undertake a research activity relating to the non therapeutic use of alkaloid poppies under the licence and includes evidence that the research activity would be conducted by a person with appropriate scientific training using an appropriate methodology.

5. (5)

   An application under subsection (1) or (2) must contain any other information about the applicant or the application which the Chief Executive reasonably requires to assist in assessing the application.

30EChief Executive must investigate application

1. (1)

   On receiving an application under section 30D the Chief Executive—

   1. (a)

      must carry out all investigations and inquiries that the Chief Executive considers necessary to determine the application; and

   2. (b)

      may conduct an inspection of the premises that are to be specified in the relevant licence; and

   3. (c)

      may require that an applicant or any associate of the applicant submit to the Chief Executive a recent police record check of the applicant or any associate of the applicant.

2. (2)

   The Chief Executive must provide a copy of an application made under section 30D and any accompanying documents to the Commissioner of Police.

3. (3)

   The Commissioner of Police must—

   1. (a)

      inquire into and report to the Chief Executive on any matters concerning the application that he or she believes are appropriate or reasonably necessary; and

   2. (b)

      inquire into and report to the Chief Executive on any matters concerning the application that the Chief Executive requests; and

   3. (c)

      within 28 days of receiving the application from the Chief Executive, notify the Chief Executive in writing of the Commissioner of Police's decision to support or oppose the issuing of a licence and provide the reasons for the decision.

4. (4)

   If the Chief Executive is notified under subsection (3)(c) that the Commissioner of Police opposes the issuing of a poppy cultivation licence, the Chief Executive must not issue the licence.

30FDetermining an application

1. (1)

   After considering an application and any investigation under section 30E, the Chief Executive must determine the application within 60 days of receiving the application.

2. (2)

   The Chief Executive may issue a poppy cultivation licence to an applicant under section 30D(1) or (2).

3. (3)

   The Chief Executive may refuse to issue a poppy cultivation licence to an applicant under section 30D(1) or (2).

4. (4)

   The Chief Executive must—

   1. (a)

      notify the applicant in writing of the decision under subsection (2); and

   2. (b)

      if the Chief Executive refuses an application under subsection (3), provide reasons for the decision.

30GTerms and conditions of a poppy cultivation licence

1. (1)

   A poppy cultivation licence is issued for the term, not exceeding 3 years, specified in the licence unless it is sooner suspended or cancelled.

2. (2)

   A poppy cultivation licence relates only to the specified premises described in it.

3. (3)

   A poppy cultivation licence is subject to the condition that the licensed grower must only employ persons that are suitable to carry out activities under the licence.

4. (4)

   A poppy cultivation licence is subject to the condition that a licensed grower must comply with the risk management plan under the licence.

5. (5)

   A poppy cultivation licence is subject to the prescribed terms, conditions, limitations and restrictions (if any).

6. (6)

   A poppy cultivation licence is subject to the terms, conditions, limitations and restrictions specified in it including, but not limited to, terms, conditions, limitations and restrictions relating to the following:

   1. (a)

      the species, subspecies or varieties of alkaloid poppy to be cultivated;

   2. (b)

      the specified premises at which activities authorised under the licence may be carried out;

   3. (c)

      the implementation and maintenance of satisfactory security and surveillance measures to restrict access of unauthorised persons to crops and harvested material;

   4. (d)

      the keeping of records and other documents;

   5. (e)

      the provision of information, records or other documents to the Chief Executive relating to—

      1. (i)

         the activities carried out under the licence; or

      2. (ii)

         a change in the position of director, manager, secretary or other executive position, however designated, or the structure of the business to which the licence relates; or

      3. (iii)

         any other matter that the Chief Executive reasonably requires in relation to the licence or the licensed activity;

   6. (f)

      the disposal of harvested material and crop residue;

   7. (g)

      the inspection, sampling, supervision and surveillance of seed of alkaloid poppies, alkaloid poppies and poppy straw by an inspector;

   8. (h)

      the destruction of alkaloid poppies, poppy straw and any material derived from alkaloid poppies.

7. (7)

   A poppy cultivation licence issued under section 30D(1) is subject to the condition that unless otherwise with the approval of the Chief Executive, the licensed grower whilst carrying out an activity under the licence must have a contract with a licensed processor for the processing of alkaloid poppies cultivated under the licence that is registered in the alkaloid poppy register.

30HPoppy cultivation licence is not transferable

A poppy cultivation licence is not transferable to another person.

30IEmployee of licensed grower authorised to undertake activities under licence

1. (1)

   For the purposes of this Act, an employee of a licensed grower who holds a poppy cultivation licence for commercial purposes relating to therapeutic use, is authorised to carry out any activity under the licence involving the cultivation or possession of alkaloid poppies or the sale or supply of poppy straw to a licensed processor required of the employee in the course of his or her employment.

2. (2)

   For the purposes of this Act, an employee of a licensed grower who holds a poppy cultivation licence for research purposes relating to non‑therapeutic use, is authorised to carry out any activity under the licence, including the following, that is required of the employee in the course of his or her employment:

   1. (a)

      to cultivate or possess alkaloid poppies;

   2. (b)

      to conduct measurements, analyses and extractions including extraction of alkaloids from alkaloid poppies for chemical analyses at specified premises;

19.8.1999
s 32(5a)	inserted by 28/1990 s 2	26.4.1990
s 32(6)	substituted by 29/1990 s 4(b)	26.9.1991
s 32(7)	inserted by 59/1999 s 7	19.8.1999
s 33
s 33(1)	amended by 64/1986 s 6(a)	20.11.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 34/2000 Sch 1 cl 4(k)	6.7.2000
s 33(1a)	inserted by 64/1986 s 6(b)	20.11.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 34/2000 Sch 1 cl 4(l)	6.7.2000
s 33(2)	amended by 59/1999 s 13 (Sch)	19.8.1999
s 33(3)	amended by 64/1986 s 6(c)	20.11.1986
amended by 34/2000 Sch 1 cl 4(m)	6.7.2000
s 33(4)	amended by 64/1986 s 6(d)	20.11.1986
amended by 34/2000 Sch 1 cl 4(n)	6.7.2000
s 33(5)	amended by 64/1986 s 6(e)	20.11.1986
amended by 34/2000 Sch 1 cl 4(o), (p)	6.7.2000
s 33(6)	amended by 59/1999 s 13 (Sch)	19.8.1999
Pt 5 Div 1	substituted by 80/2005 s 14	3.12.2007
s 31
s 31(1)	amended by 32/2008 s 8(1), (2)	10.9.2009
amended by 3/2011 s 23	1.7.2011
amended by 42/2015 s 5	16.9.2016
amended by 15/2017 Sch 1 cl 2(1)	12.11.2017
amended by 44/2023 Sch 1 cl 16	uncommenced—not incorporated
s 31(3)	inserted by 32/2008 s 8(3)	10.9.2009
industrial hemp	inserted by 15/2017 Sch 1 cl 2(2)	12.11.2017
Pt 5 Div 2	substituted by 80/2005 s 14	3.12.2007
Pt 5 Div 2 Subdiv 1
s 32
s 32(1)	amended by 32/2018 s 5(1)	1.4.2019
s 32(2)	amended by 12/2012 s 18(1)	17.6.2012
amended by 32/2018 s 5(2)	1.4.2019
s 32(2a)	inserted by 17/2010 s 5(1)	28.11.2010
amended by 12/2012 s 18(2)	17.6.2012
amended by 32/2018 s 5(3)	1.4.2019
s 32(3)	amended by 12/2012 s 18(3)	17.6.2012
amended by 32/2018 s 5(4)	1.4.2019
s 32(4)	amended by 43/2012 s 6	1.7.2013
s 32(5)	amended by 17/2010 s 5(2)	28.11.2010
s 32(6)	inserted by 17/2010 s 5(3)	28.11.2010
prescribed licensed premises	amended by 49/2017 Sch 1 cl 1	18.11.2019
(a)(v) deleted by 49/2017 Sch 1 cl 1	18.11.2019
Pt 5 Div 2 Subdiv 2
s 33
s 33(1)	amended by 32/2018 s 6(1)	1.4.2019
s 33(2)	amended by 12/2012 s 19(1)	17.6.2012
amended by 32/2018 s 6(2)	1.4.2019
s 33(3)	amended by 12/2012 s 19(2)	17.6.2012
amended by 32/2018 s 6(3)	1.4.2019
s 33(4)	substituted by 32/2008 s 9	10.9.2009
s 33A
s 33A(1)	substituted by 25/2011 s 4	28.8.2011
amended by 12/2012 s 20(1)	17.6.2012
amended by 32/2018 s 7(1)	1.4.2019
s 33A(2)	substituted by 25/2011 s 4	28.8.2011
amended by 12/2012 s 20(2)	17.6.2012
amended by 32/2018 s 7(2)	1.4.2019
s 33A(3)	substituted by 25/2011 s 4	28.8.2011
amended by 12/2012 s 20(3)	17.6.2012
amended by 32/2018 s 7(3)	1.4.2019
s 33A(4)	amended by 12/2012 s 20(4)	17.6.2012
amended by 32/2018 s 7(4)	1.4.2019
s 33A(5)	amended by 12/2012 s 20(5)	17.6.2012
amended by 32/2018 s 7(5)	1.4.2019
Pt 5 Div 2 Subdiv 3
s 33B
s 33B(1)	amended by 32/2018 s 8(1)	1.4.2019
s 33B(2)	amended by 12/2012 s 21(1)	17.6.2012
amended by 32/2018 s 8(2)	1.4.2019
s 33B(3)	amended by 12/2012 s 21(2)	17.6.2012
amended by 32/2018 s 8(3)	1.4.2019
s 33B(4)	amended by 43/2012 s 7	1.7.2013
s 33C
s 33C(1)	amended by 32/2018 s 9(1)	1.4.2019
s 33C(2)	amended by 12/2012 s 22(1)	17.6.2012
amended by 32/2018 s 9(2)	1.4.2019
s 33C(3)	amended by 12/2012 s 22(2)	17.6.2012
amended by 32/2018 s 9(3)	1.4.2019
s 33C(4)	amended by 43/2012 s 8	1.7.2013
Pt 5 Div 2 Subdiv 4
heading	substituted by 25/2011 s 5	28.8.2011
s 33D	amended by 11/2008 Sch 1 cl 1	8.6.2008
amended by 32/2018 s 10	1.4.2019
s 33DA	inserted by 25/2011 s 6	28.8.2011
s 33DA(1)	amended by 12/2012 s 23	17.6.2012
amended by 32/2018 s 11	1.4.2019
Pt 5 Div 3	inserted by 80/2005 s 14	3.12.2007
s 33GA	inserted by 11/2008 Sch 1 cl 2	8.6.2008
amended by 32/2018 s 12	1.4.2019
s 33GB	inserted by 25/2011 s 7	28.8.2011
s 33GB(1)	amended by 12/2012 s 24	17.6.2012
amended by 32/2018 s 13	1.4.2019
Pt 5 Div 4	inserted by 80/2005 s 14	3.12.2007
s 33I
s 33I(1)	amended by 32/2018 s 14(1)	1.4.2019
s 33I(2)	amended by 32/2018 s 14(2)	1.4.2019
s 33J
s 33J(1)	s 33J redesignated as s 33J(1) by 32/2008 s 10	10.9.2009
amended by 32/2018 s 15(1)	1.4.2019
s 33J(2)	inserted by 32/2008 s 10	10.9.2009
amended by 32/2018 s 15(2)	1.4.2019
s 33K
s 33K(1)	amended by 32/2008 s 11(1)	10.9.2009
amended by 32/2018 s 16(1)	1.4.2019
s 33K(2)	amended by 32/2008 s 11(2)	10.9.2009
amended by 32/2018 s 16(2)	1.4.2019
s 33K(3)	inserted by 32/2008 s 11(3)	10.9.2009
s 33L
s 33L(1)	amended by 84/2013 s 6	16.2.2014
s 33L(2)	amended by 32/2018 s 17	1.4.2019
s 33LA	inserted by 50/2007 s 4	19.10.2008
substituted by 25/2011 s 8	28.8.2011
amended by 32/2018 s 18	1.4.2019
s 33LAB	inserted by 25/2011 s 9	28.8.2011
s 33LAB(1)	amended by 32/2018 s 19	1.4.2019
s 33LB	inserted by 32/2008 s 12	10.9.2009
s 33LB(1)	substituted by 25/2011 s 10	28.8.2011
amended by 32/2018 s 20(1)	1.4.2019
s 33LB(2)	substituted by 25/2011 s 10	28.8.2011
amended by 32/2018 s 20(2)	1.4.2019
s 33LB(3) and (4)	deleted by 25/2011 s 10	28.8.2011
s 33LB(5)
prescribed quantity	amended by 12/2022 s 3	29.9.2022
Pt 5 Div 4A	inserted by 84/2013 s 7	16.2.2014
s 33LD	amended by 32/2018 s 21	1.4.2019
s 33LE
s 33LE(1)	amended by 32/2018 s 22	1.4.2019
s 33LF
s 33LF(3)	amended by 32/2018 s 23	1.4.2019
Pt 5 Div 5	inserted by 80/2005 s 14	3.12.2007
s 33O
s 33O(2)	amended by 3/2011 Sch 1	1.7.2011
s 33OA	inserted by 32/2008 s 13	10.9.2009
s 33OA(3)	inserted by 12/2022 s 4	29.9.2022
s 33S	amended by 84/2013 s 8	16.2.2014
s 33T	inserted by 84/2013 s 9	16.2.2014
Pt 5 Div 6
heading	inserted by 80/2005 s 14	3.12.2007
s 34	substituted by 64/1986 s 7	29.3.1990
amended by 59/1999 s 13 (Sch)	19.8.1999
substituted by 87/2000 s 4	1.10.2001
substituted by 38/2015 s 4	29.2.2016
s 34(1)	amended by 32/2018 s 24	1.4.2019
s 35	amended by 59/1999 s 13 (Sch)	19.8.1999
substituted by 87/2000 s 4	1.10.2001
deleted by 34/2019 s 5	21.11.2021
s 36	amended by 59/1999 s 13 (Sch)	19.8.1999
substituted by 87/2000 s 4	1.10.2001
s 36(1)	amended by 3/2011 Sch 1	1.7.2011
s 37	amended by 59/1999 s 13 (Sch)	19.8.1999
substituted by 87/2000 s 4	1.10.2001
s 38	amended by 59/1999 s 13 (Sch)	19.8.1999
substituted by 87/2000 s 4	1.10.2001
s 38(2)	amended by 34/2019 s 6	21.11.2021
s 39	amended by 59/1999 s 13 (Sch)	19.8.1999
substituted by 87/2000 s 4	1.10.2001
s 40	substituted by 87/2000 s 4	1.10.2001
s 40A	inserted by 87/2000 s 4	1.10.2001
s 40B	inserted by 87/2000 s 4	1.10.2001
deleted by 48/2004 s 4	30.9.2004
Pt 6	heading substituted by 59/1999 s 8	19.8.1999
Div 1 heading	deleted by 59/1999 s 9	19.8.1999
ss 41 and 42	amended by 59/1999 s 13 (Sch)	19.8.1999
deleted by 80/2005 s 15	3.12.2007
s 43 before deletion by 19/2005	substituted by 17/1986 s 13 (Sch)	1.3.1987
s 43(1) and (2)	deleted by 69/1991 s 16(c)	6.7.1992
s 43(3)	amended by 59/1999 s 13 (Sch)	19.8.1999
s 43	deleted by 19/2005 Sch 1 cl 2	2.4.2006
s 43	inserted by 12/2012 s 25	17.6.2012
s 44
s 44(1)	s 44 amended by 29/1990 s 5	26.9.1991
s 44 amended by 59/1999 s 13 (Sch)	19.8.1999
s 44 amended by 87/2000 s 5	1.10.2001
s 44 amended by 19/2005 Sch 1 cl 3	2.4.2006
s 44 amended by 80/2005 s 16(1)—(3)	3.12.2007
s 44(db) deleted by 80/2005 s 16(3)	3.12.2007
s 44 amended and redesignated as s 44(1) by 32/2008 s 14(1), (2)	10.9.2009
amended by 3/2011 Sch 1	1.7.2011
amended by 32/2018 s 25	1.4.2019
s 44(2) and (3)	inserted by 32/2008 s 14(2)	10.9.2009
s 45	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 3/2011 Sch 1	1.7.2011
deleted by 36/2011 s 10	1.1.2012
s 45A	inserted by 64/1986 s 8	30.4.1987
s 45A(1)	amended by 49/1991 Sch 2	6.7.1992
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 3/2011 Sch 1	1.7.2011
s 45A(2)	amended by 34/1996 s 4 (Sch cl 12)	3.2.1997
amended by 59/1999 s 13 (Sch)	19.8.1999
s 45A(3)	substituted by 34/1996 s 4 (Sch cl 12)	3.2.1997
s 45A(4)—(6)	deleted by 34/1996 s 4 (Sch cl 12)	3.2.1997
s 45A(8)	amended by 29/1990 s 6	26.9.1991
artificially enhanced cultivation	inserted by 47/2002 s 3(a)	1.2.2003
deleted by 32/2008 s 15	10.9.2009
child	deleted by 80/2005 s 17	3.12.2007
simple cannabis offence	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 47/2002 s 3(b)	1.2.2003
substituted by 80/2005 s 17	3.12.2007
Pt 6 Div 2	amended by 17/1986 s 13 (Sch)	1.3.1987
deleted by 59/1999 s 10	19.8.1999
Pt 7	heading substituted by 59/1999 s 11	19.8.1999
s 49	inserted by 42/2015 s 6	16.9.2016
s 50
s 50(1)	amended by 32/2008 s 16	10.9.2009
amended by 3/2011 Sch 1	1.7.2011
s 50(2)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 3/2011 s 24	1.7.2011
s 50(3)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 3/2011 Sch 1	1.7.2011
s 51
s 51(1)	amended by 43/1986 s 5(c)	16.10.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 32/2008 s 17	10.9.2009
s 51(2)	amended by 43/1986 s 5(d)	16.10.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
s 52
s 52(1)	amended by 3/2011 Sch 1	1.7.2011
s 52(2)	amended by 17/1986 s 13 (Sch)	1.3.1987
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 80/2005 s 18(1)—(3)	12.1.2006
amended by 3/2011 Sch 1	1.7.2011
s 52(3)	amended by 3/2011 Sch 1	1.7.2011
s 52(4)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 80/2005 s 18(4)	12.1.2006
amended by 3/2011 s 25(1)—(3), Sch 1	1.7.2011
amended by 44/2023 Sch 1 cl 17	uncommenced—not incorporated
s 52(5)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 3/2011 s 25(4), Sch 1	1.7.2011
s 52(6)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 33/2008 s 5(1), (2)	23.10.2008
amended by 3/2011 Sch 1	1.7.2011
s 52(7) and (8)	amended by 59/1999 s 13 (Sch)	19.8.1999
deleted by 33/2008 s 5(3)	23.10.2008
s 52(9)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 33/2008 s 5(4), (5)	23.10.2008
amended by 3/2011 Sch 1	1.7.2011
s 52(10)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 33/2008 s 5(6)	23.10.2008
amended by 3/2011 Sch 1	1.7.2011
s 52(11)	amended by 59/1999 s 13 (Sch)	19.8.1999
substituted by 80/2005 s 18(5)	12.1.2006
substituted by 33/2008 s 5(7)	23.10.2008
amended by 3/2011 Sch 1	1.7.2011
s 52(12)	amended by 98/1995 s 21	4.1.1996
amended by 59/1999 s 13 (Sch)	19.8.1999
deleted by 33/2008 s 5(7)	23.10.2008
s 52A—see s 52E
s 52A	inserted by 33/2008 s 6	23.10.2008
s 52A(1), (6) and (7)	amended by 3/2011 Sch 1	1.7.2011
s 52B	inserted by 33/2008 s 6	23.10.2008
s 52B(4)—(7) and (9)	amended by 3/2011 Sch 1	1.7.2011
s 52C	inserted by 33/2008 s 6	23.10.2008
s 52D	inserted by 33/2008 s 6	23.10.2008
s 52D(1)	amended by 3/2011 Sch 1	1.7.2011
s 52E	s 52A inserted by 27/1994 s 3	13.10.1994
s 52A substituted by 59/1999 s 12	19.8.1999
s 52A redesignated as s 52E by 33/2008 s 7	23.10.2008
s 52E(2)	amended by 80/2005 s 19(1)	3.12.2007
amended by 15/2024 s 2(1)	16.5.2024
s 52E(4)	amended by 15/2024 s 2(2)	16.5.2024
s 52E(6a)	inserted by 80/2005 s 19(2)	12.1.2006
amended by 3/2011 Sch 1	1.7.2011
amended by 15/2024 s 2(3)	16.5.2024
s 52E(7)	amended by 80/2005 s 19(3)	3.12.2007
s 52E(10)	amended by 80/2005 s 19(4)	3.12.2007
s 52E(12)	substituted by 19/2005 Sch 1 cl 4	2.4.2006
s 52E(13)
prescribed period	the prescribed period amended to read prescribed period by 3/2011 Sch 1	1.7.2011
s 53
s 53(1)	amended by 43/1986 s 5(e)	16.10.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
s 53(1a)	inserted by 17/2010 s 6(1)	28.11.2010
s 53(2)	amended by 43/1986 s 5(f)	16.10.1986
amended by 27/1994 s 4	13.10.1994
amended by 80/2005 s 20	3.12.2007
amended by 3/2011 s 26	1.7.2011
s 53(3)	amended by 3/2011 Sch 1	1.7.2011
s 53(4)	amended by 43/1986 s 5(g)	16.10.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 34/2000 Sch 1 cl 4(r)	6.7.2000
amended by 17/2010 s 6(2)	28.11.2010
amended by 3/2011 Sch 1	1.7.2011
s 54 before deletion by 84/2009
s 54(1)	amended by 43/1986 s 5(h), (i)	16.10.1986
(d) deleted by 43/1986 s 5(i)	16.10.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
s 54(2)	amended by 59/1999 s 13 (Sch)	19.8.1999
s 54	deleted by 84/2009 s 69	1.2.2010
Pt 7A	inserted by 34/2019 s 7	21.11.2021
Pt 8
s 55
s 55(1)	amended by 34/2000 Sch 1 cl 4(s)	6.7.2000
s 55(2)	amended by 34/2000 Sch 1 cl 4(t)	6.7.2000
s 55(2a)	inserted by 64/1986 s 9(a)	20.11.1986
amended by 98/1995 s 22	4.1.1996
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 3/2011 Sch 1	1.7.2011
s 55(2b)	inserted by 3/2011 s 27(1)	9.6.2011
s 55(3)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 34/2000 Sch 1 cl 4(u)	6.7.2000
amended by 3/2011 s 27(2), Sch 1	9.6.2011
s 55(3)	amended by 3/2011 Sch 1	1.7.2011
s 55(4)	substituted by 64/1986 s 9(b)	20.11.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 34/2000 Sch 1 cl 4(v), (w)	6.7.2000
amended by 80/2005 s 21(1)	12.1.2006
s 55(5)	inserted by 64/1986 s 9(b)	20.11.1986
substituted by 80/2005 s 21(2)	12.1.2006
substituted by 14/2019 s 54(1)	4.5.2020
s 55(6)	inserted by 64/1986 s 9(b)	20.11.1986
substituted by 80/2005 s 21(2)	12.1.2006
amended by 14/2019 s 54(2)	4.5.2020
s 55(7)	inserted by 64/1986 s 9(b)	20.11.1986
substituted by 80/2005 s 21(2)	12.1.2006
amended by 14/2019 s 54(3)	4.5.2020
s 55(8)	inserted by 80/2005 s 21(2)	12.1.2006
substituted by 14/2019 s 54(4)	4.5.2020
s 55(9)	inserted by 42/2015 s 7	16.9.2016
s 56
s 56(1)	amended by 64/1986 s 10	20.11.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 34/2000 Sch 1 cl 4(x)	6.7.2000
substituted by 80/2005 s 22	3.12.2007
amended by 32/2008 s 18	10.9.2009
amended by 3/2011 s 28	1.7.2011
amended by 84/2013 s 10	16.2.2014
s 56(2)	amended by 59/1999 s 13 (Sch)	19.8.1999
s 56A	inserted by 34/2019 s 8	21.11.2021
s 57
s 57(1)	substituted by 64/1986 s 11(a)	20.11.1986
amended by 34/2000 Sch 1 cl 4(y)	6.7.2000
amended by 3/2011 Sch 1	1.7.2011
amended by 52/2016 s 6	1.4.2017
s 57(2)	substituted by 64/1986 s 11(a)	20.11.1986
amended by 34/2000 Sch 1 cl 4(z)	6.7.2000
s 57(3)	amended by 64/1986 s 11(b)	20.11.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 34/2000 Sch 1 cl 4(za)	6.7.2000
amended by 3/2011 Sch 1	1.7.2011
s 57(4)	amended by 98/1995 s 23	4.1.1996
amended by 59/1999 s 13 (Sch)	19.8.1999
s 57(5)	amended by 64/1986 s 11(c)	20.11.1986
substituted by 80/2005 s 23	12.1.2006
substituted by 14/2019 s 55(1)	4.5.2020
s 57(6)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 34/2000 Sch 1 cl (zb)	6.7.2000
substituted by 80/2005 s 23	12.1.2006
substituted by 14/2019 s 55(1)	4.5.2020
s 57(7)	substituted by 80/2005 s 23	12.1.2006
amended by 14/2019 s 55(2)	4.5.2020
s 57(8)	inserted by 80/2005 s 23	12.1.2006
substituted by 14/2019 s 55(3)	4.5.2020
s 57A	inserted by 80/2005 s 24	12.1.2006
s 57A(2)	amended by 3/2011 s 29(1), (2)	1.7.2011
s 58
s 58(1)	amended by 34/2000 Sch 1 cl 4(zc), (zd)	6.7.2000
amended by 80/2005 s 25(1)—(3)	12.1.2006
amended by 3/2011 s 30(1)—(3)	1.7.2011
(d), (e) deleted by 3/2011 s 30(3)	1.7.2011
amended by 44/2023 Sch 1 cl 18	uncommenced—not incorporated
s 58(1a)	inserted by 80/2005 s 25(4)	12.1.2006
s 58(3)	amended by 59/1999 s 13 (Sch)	19.8.1999
s 59	amended by 98/1995 s 24	4.1.1996
amended by 59/1999 s 13 (Sch)	19.8.1999
deleted by 80/2005 s 26	12.1.2006
s 60
s 60(1)	amended by 34/2000 Sch 1 cl 4(ze)	6.7.2000
substituted by 80/2005 s 27	12.1.2006
s 60(2)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 34/2000 Sch 1 cl 4(ze), (zf)	6.7.2000
amended by 3/2011 s 31(1), (2), Sch 1	1.7.2011
amended by 44/2023 Sch 1 cl 19	uncommenced—not incorporated
s 60(4)	amended by 98/1995 s 25	4.1.1996
amended by 59/1999 s 13 (Sch)	19.8.1999
s 60A	inserted by 80/2005 s 28	12.1.2006
substituted by 28/2020 s 4	17.9.2020
s 60B	inserted by 80/2005 s 28	12.1.2006
s 61
s 61(1)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 34/2000 Sch 1 cl 4(zg)	6.7.2000
amended by 32/2008 s 19	10.9.2009
s 61(2)	amended by 43/1986 s 5(j)	16.10.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 17/2010 s 7(1), (2)	28.11.2010
s 61(2a)	inserted by 80/2005 s 29(1)	3.12.2007
amended by 17/2010 s 7(3), (4)	28.11.2010
s 61(3)	amended by 43/1986 s 5(k)	16.10.1986
amended by 59/1999 s 13 (Sch)	19.8.1999
s 61(4)	inserted by 80/2005 s 29(2)	3.12.2007
s 61A	inserted by 64/1986 s 12	20.11.1986
deleted by 87/2000 s 6	1.10.2001
s 62	amended by 59/1999 s 13 (Sch)	19.8.1999
deleted by 3/2011 Sch 1	1.7.2011
s 62A	inserted by 34/2000 Sch 1 cl 4(zh)	6.7.2000
s 63
s 63(2)	amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 50/2007 s 5	26.9.2008
amended by 42/2015 s 8	16.9.2016
s 63(3)	amended by 64/1986 s 13(a)	20.11.1986
amended by 29/1990 s 7	26.9.1991
amended by 59/1999 s 13 (Sch)	19.8.1999
amended by 80/2005 s 30(1)	3.12.2007
amended by 3/2011 Sch 1	1.7.2011
s 63(4)	amended by 64/1986 s 13(b)	20.11.1986
amended by 98/1995 s 26(a)	4.1.1996
amended by 80/2005 s 30(2)—(5)	3.12.2007
amended by 3/2011 s 32(1)—(6)	1.7.2011
amended by 84/2013 s 11	16.2.2014
amended by 34/2019 s 9(1)	21.11.2021
amended by 28/2020 s 5(1), (2)	17.9.2020
s 63(4a)	inserted by 28/2020 s 5(3)	17.9.2020
s 63(5)	substituted by 98/1995 s 26(b)	4.1.1996
amended by 32/2008 s 20	10.9.2009
s 63(5a)	inserted by 98/1995 s 26(b)	4.1.1996
s 63(6)	amended by 80/2005 s 30(6)	3.12.2007
amended by 33/2008 s 8	23.10.2008
s 63(7)	inserted by 3/2011 s 32(7)	1.7.2011
amended by 34/2019 s 9(2)	21.11.2021

Transitional etc provisions associated with Act or amendments

Statutes Repeal and Amendment (Courts) Act 1991

22Transitional provisions – general

1. (1)

   This section applies to amendments made by this Act or the Justices Amendment Act 1991.

2. (2)

   The following transitional provisions apply in relation to those amendments:

   1. (a)

      if the effect of the amendment is to reduce the penalty for an offence, the amendment applies whether the offence was committed before or after the amendment takes effect;

   2. (b)

      if the effect of the amendment is to increase the penalty for an offence, the amendment applies only to offences committed after it takes effect;

   3. (c)

      if the effect of the amendment is to increase or remove a time limit for commencing proceedings for an offence, the previous limit applies in respect of an offence committed before the amendment takes effect;

1. 1. (d)

      an amendment affecting the classification of an offence as summary or indictable does not apply in relation to an offence committed before the amendment takes effect.

Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996

5Transitional provision

An Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.

Controlled Substances (Drug Offence Diversion) Amendment Act 2000

7Transitional provision

1. (1)

   Subject to subsection (2), Division 2 of Part 5 of the principal Act, as amended by this Act, applies in relation to a simple possession offence whether allegedly committed before or after the commencement of this Act.

2. (2)

   Division 2 of Part 5 of the principal Act, as in force immediately before the commencement of this Act, continues to apply in relation to a simple possession offence committed before that commencement if the person alleged to have committed the offence has, at some time before that commencement, been given a notice requiring him or her to appear before an assessment panel in respect of that offence (and, for the purposes of this subsection, section 16 of the Acts Interpretation Act 1915 applies).

3. (3)

   The panels of legal practitioners and health professionals established by the Minister under section 34(2) and (3) of the principal Act, as in force immediately before the commencement of this Act—

   1. (a)

      continue in existence and will be maintained by the Minister in the manner contemplated by that section; and

   2. (b)

      together form a body that the Minister will accredit as a drug assessment service under and in accordance with the Act as in force after that commencement.

Controlled Substances (Cannabis) Amendment Act 2002

4Transitional provision

Section 45A of the principal Act, as in force immediately before the commencement of this Act, continues to apply in relation to offences alleged to have been committed before that commencement.

Controlled Substances (Serious Drug Offences) Amendment Act 2005, Sch 1

6Transitional provision

An amendment to the principal Act effected by a provision of this Act only applies in relation to an offence if the offence is committed on or after the commencement of the provision.

Statutes Amendment (Courts Efficiency Reforms) Act 2012

9Transitional provision

The amendments made to the Controlled Substances Act 1984 by this Part—

1. (a)

   do not apply in relation to the sentencing of a person following the commencement of this Part if the proceedings for the relevant offence were commenced before that commencement (and such sentencing is to occur as if this Act had not been enacted); and

2. (b)

   apply in relation to the sentencing of a person following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) if the proceedings for the relevant offence were commenced on or after that commencement.

Controlled Substances (Simple Possession Offences) Amendment Act 2015, Sch 1—Transitional provision

Nothing in this Act affects the application of Part 5 Division 6 of the Controlled Substances Act 1984 to a person referred to an assessment service under that Division before the commencement of this Act.

Statutes Amendment (SACAT) Act 2019, Pt 7

56Transitional provisions

1. (1)

   A right of appeal under the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.

2. (2)

   A decision or order of the Administrative and Disciplinary Division of the District Court under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.

3. (3)

   Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal Act before the relevant day.

4. (4)

   A member of a panel of persons who may sit as assessors established under the principal Act (as in existence immediately before the relevant day) ceases to hold office on the commencement of this subsection and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.

5. (5)

   In this section—

principal Act means the Controlled Substances Act 1984;

relevant day means the day on which this Part comes into operation;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Controlled Substances (Youth Treatment Orders) Amendment Act 2019, Sch 1—Transitional provision

An accreditation in force under section 35 of the Controlled Substances Act 1984 immediately before the commencement of section 8 of this Act continues in force as if it were an accreditation under section 56A of the Controlled Substances Act 1984 (as enacted by section 8 of this Act).

Controlled Substances (Pure Amounts) Amendment Act 2022, Sch 1—Transitional provision

1Amendments apply retrospectively

1. (1)

   The amendments to the principal Act effected by this Act will be taken to apply, and to have applied, as if they formed part of the principal Act from 10 September 2009 (immediately after the commencement of the Controlled Substances (Controlled Drugs, Precursors and Cannabis) Amendment Act 2008).

2. (2)

   For the avoidance of doubt, the amendments to the principal Act effected by this Act as applying under subclause (1) apply in relation to—

   1. (a)

      any proceedings for a relevant offence finalised before the day on which this Act is assented to (including (without limitation) proceedings where a conviction or finding of guilt was recorded before that day); and

   2. (b)

      any proceedings for a relevant offence commenced (but not finalised) before the day on which this Act is assented to; and

   3. (c)

      any proceedings for a relevant offence commenced on or after the day on which this Act is assented to.

3. (3)

   In this clause—

principal Act means the Controlled Substances Act 1984;

relevant offence means an offence against the principal Act (as applying under subclause (1)) involving (or allegedly involving) a trafficable quantity, commercial quantity or large commercial quantity of a controlled drug or controlled precursor, or a prescribed quantity of a controlled precursor under section 33LB (of the principal Act).

Controlled Substances (Destruction of Seized Property) Amendment Act 2024, Sch 1—Transitional provision

1Equipment seized prior to commencement

1. (1)

   Subject to subclause (2), section 52E of the Controlled Substances Act 1984 as amended by this Act applies in relation to any equipment of a kind referred to in section 52E(2)(c) that is in the possession of the Commissioner of Police on or after the commencement of this Act (whether the equipment was seized before or after that commencement).

2. (2)

   Section 52E(6a) does not apply to equipment of a kind referred to in section 52E(2)(c) that was seized before the commencement of this Act.

Historical versions

Reprint No 1—1.7.1991

Reprint No 2—26.9.1991

Reprint No 3—21.11.1991

Reprint No 4—6.7.1992

Reprint No 5—10.9.1992

Reprint No 6—13.10.1994

Reprint No 7—4.1.1996

Reprint No 8—3.2.1997

Reprint No 9—19.8.1999

Reprint No 10—6.7.2000

Reprint No 11—1.10.2001

Reprint No 12—1.2.2003

30.9.2004

12.1.2006

2.4.2006

3.12.2007

8.6.2008

1.7.2008

26.9.2008

19.10.2008

23.10.2008

10.9.2009

1.2.2010

1.7.2010

28.11.2010

9.6.2011

1.7.2011

28.8.2011

1.1.2012

17.6.2012

1.7.2013

16.2.2014

29.2.2016

16.9.2016

1.4.2017

12.11.2017

1.12.2018

1.4.2019

18.11.2019

4.5.2020

17.9.2020

1.7.2021

21.11.2021

29.9.2022