Controlled Substances Act (Exemptions) Regulations 1989 (SA)

South Australia

Controlled Substances Act (Exemptions) Regulations 1989

under the Controlled Substances Act 1984

1—Short title

These regulations may be cited as the Controlled Substances Act (Exemptions) Regulations 1989.

2—Interpretation

In these regulations—

the Act means the Controlled Substances Act 1984:

health risk minimisation programme means a programme to prevent or control the spread of a disease or other risk to public health declared by the Minister to be a health risk minimisation programme for the purposes of this regulation.

2A—Exemption from prohibition of possession of injecting equipment

Section 31(1)(c) of the Act does not apply to a person having in his or her possession a syringe or needle for use in connection with the administration of a drug of dependence or a prohibited substance.

3—Exemption from aiding and abetting etc

Section 41 of the Act does not prevent—

1. (a)

   a medical practitioner or pharmacist from—

   1. (i)

      selling or supplying syringes and needles to any person; or

   2. (ii)

      giving advice or instruction to any person on the safe use of syringes or needles; or

2. (b)

   a nurse from—

   1. (i)

      selling or supplying syringes and needles to any person; or

   2. (ii)

      giving advice or instruction to any person on the safe use of syringes or needles,

if done in the course of a health risk minimisation programme; or

1. (c)

   a person licensed under section 31(3)(d) of the Act to be in possession of syringes and needles from—

   1. (i)

      selling or supplying syringes and needles to any person; or

   2. (ii)

      giving advice or instruction to any person on the safe use of syringes or needles,

if done in the course of a health risk minimisation programme and in compliance with the conditions of any such licence.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.

Revocation of regulations

The Controlled Substances Act (Exemptions) Regulations 1989 were revoked by Sch 1 of the Controlled Substances (Exemptions) Regulations 2004 on 1.9.2004.

Principal regulations and variations

Year	No	Reference	Commencement
1989	45	Gazette 6.4.1989 p936	6.4.1989
1991	199	Gazette 19.9.1991 p854	19.9.1991
1993	86	Gazette 13.5.1993 p1646	13.9.1993: r 2
2000	159	Gazette 6.7.2000 p26	6.7.2000: r 2

Provisions varied

Provision	How varied	Commencement
r 2
health risk minimisation programme	varied by 159/2000 r 3	6.7.2000
r 2A	inserted by 199/1991 r 2	19.9.1991
r 3	substituted by 86/1993 r 3	13.9.1993