Controlled Substances (Exemptions) Regulations 2004 (SA)

South Australia

Controlled Substances (Exemptions) Regulations 2004

under the Controlled Substances Act 1984

Contents

1Short title

2Commencement

3Interpretation

4Exemption from prohibition of possession of injecting equipment

5Exemption from aiding and abetting etc

Schedule 1—Revocation of Controlled Substances (Exemptions) Regulations 1989

Legislative history

1—Short title

These regulations may be cited as the Controlled Substances (Exemptions) Regulations 2004.

2—Commencement

These regulations will come into operation on 1 September 2004.

3—Interpretation

In these regulations—

Act means the Controlled Substances Act 1984.

4—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.

5—Exemption from aiding and abetting etc

(1)Section 41 of the Act does not prevent the sale or supply of syringes or needles or the giving of advice or instruction on the safe use of syringes or needles by—

(a)a medical practitioner; or

(b)a pharmacist; or

(c)a nurse acting in the course of a health risk minimisation program; or

(d)a person licensed to be in possession of syringes and needles under section 31(3)(d) of the Act acting in the course of a health risk minimisation program and in accordance with the conditions of the licence.

(2)In this regulation—

health risk minimisation program means a program—

(a)designed to facilitate—

(i)the supply to intravenous drug users of sterile syringes and sterile needles, and any associated equipment, to prevent the spread of infectious diseases and minimise health risks associated with intravenous drug use; and

(ii)the giving out of information concerning safe practices in the use of syringes and needles to prevent the spread of infectious diseases; and

(b)declared by the Minister, by notice in writing given personally or by post to the person responsible for conducting the program, to be a health risk minimisation program for the purposes of this regulation.

(3)The Minister may, by subsequent notice in writing given personally or by post to the person responsible for conducting the program, vary or revoke the declaration.

Schedule 1—Revocation of Controlled Substances (Exemptions) Regulations 1989

The Controlled Substances (Exemptions) Regulations 1989 are revoked.

Legislative history

Notes

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

The Controlled Substances (Exemptions) Regulations 2004 were revoked by Sch 1 cl 2 of the Controlled Substances (Prohibited Substances) Variation Regulations 2007 on 3.12.2007.

Principal regulations

Year	No	Reference	Commencement
2004	177	Gazette 19.8.2004 p3320	1.9.2004: r 2