Controlled Substances (General) Variation Regulations 2008 (SA)

South Australia

Controlled Substances (General) Variation Regulations 2008

under the Controlled Substances Act 1984

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Controlled Substances (General) Regulations 2000

1. Insertion of regulation 8AA

   8AAPrescribed equipment (section 33LA)

Part 1—Preliminary

1—Short title

These regulations may be cited as the Controlled Substances (General) Variation Regulations 2008.

2—Commencement

These regulations will come into operation on the day on which section 4 of the Controlled Substances (Possession of Prescribed Equipment) Amendment Act 2007 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Controlled Substances (General) Regulations 2000

4—Insertion of regulation 8AA

After regulation 8 insert:

8AA—Prescribed equipment (section 33LA)

(1)For the purposes of section 33LA of the Act—

(a)the following equipment (being equipment that is, or may at some stage have been, capable of being used for hydroponic cannabis cultivation) is prescribed:

(i)metal halide lights, high pressure sodium lights and mercury vapour lights of 400 watts or greater;

(ii)ballast boxes;

(iii)devices (including control gear, lamp mounts and reflectors) designed to amplify light or heat;

(iv)carbon filters designed to filter air within a room, or from 1 area of a building to another or to outside;

(v)cannabis bud or head strippers;

(vi)units designed to contain plants and rotate around a light source so that the plants grow hydroponically while being exposed to a consistent degree of light or heat or both; and

(b)the following equipment (being equipment that is, or may at some stage have been, capable of being used in the manufacture of controlled drugs) is prescribed:

(i)condensers;

(ii)distillation heads;

(iii)heating mantles;

(iv)rotary evaporators;

(v)heater‑stirrers;

(vi)mechanical‑stirrers;

(vii)pressure reaction vessels;

(viii)separatory funnels;

(ix)buchner flasks;

(x)in‑line membrane filters;

(xi)reaction vessels;

(xii)splash heads;

(xiii)tube furnaces;

(xiv)manual or mechanical tablet presses, including parts for such an item;

(xv)manual or mechanical encapsulators, including parts for such an item;

(xvi)an item modified to perform the function of a condenser, distillation head, splash head, pressure reaction vessel or tube furnace; and

(c)a device comprising a hydraulic compression system and a die that is, or may at some stage have been, capable of being used to compress a powdered substance into blocks is prescribed.

(2)Equipment described in subregulation (1) is prescribed for the purposes of section 33LA of the Act regardless of whether the equipment is in working order or has been, or is being, modified in any way.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 16 October 2008

No 276 of 2008

AGO0042/07CSTEMP1