Mutual Recognition (South Australia) (Temporary Exemptions) Variation Regulations 2012 (SA)

South Australia

Mutual Recognition (South Australia) (Temporary Exemptions) Variation Regulations 2012

under the Mutual Recognition (South Australia) Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Mutual Recognition (South Australia) (Temporary Exemptions) Regulations 1999

4            Insertion of regulation 10

10          Temporary exemptions—further synthetic cannabis products

Part 1—Preliminary

1—Short title

These regulations may be cited as the Mutual Recognition (South Australia) (Temporary Exemptions) Variation Regulations 2012.

2—Commencement

These regulations will come into operation on the day on which the Controlled Substances (Controlled Drugs, Precursors and Plants) (Synthetic Cannabis) Variation Regulations 2012 come 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 Mutual Recognition (South Australia) (Temporary Exemptions) Regulations 1999

4—Insertion of regulation 10

After regulation 9 insert:

10—Temporary exemptions—further synthetic cannabis products

(1)For the purposes of section 5 of the Act and section 15 of the Commonwealth Act, the synthetic cannabis products specified in subregulation (4) are declared to be goods to which section 15 of the Commonwealth Act applies.

(2)For the purposes of section 5 of the Act and section 15 of the Commonwealth Act, the provisions of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2000 as inserted by the Controlled Substances (Controlled Drugs, Precursors and Plants) (Synthetic Cannabis) Variation Regulations 2012 are declared to be a law to which section 15 of the Commonwealth Act applies.

(3)The exemptions from the Commonwealth Act under this regulation have effect for a period of 12 months following the commencement of this regulation.

(4)The following substances and any preparation containing one or more of the following substances are specified for the purposes of subregulation (1):

(a)Benzoylindoles (not being a benzoylindole that is a synthetic cannabis product within the meaning of regulation 9);

(b)Cyclohexylphenols (not being a cyclohexylphenol that is a synthetic cannabis product within the meaning of regulation 9);

(c)Dibenzopyrans (not being a dibenzopyran that is a synthetic cannabis product within the meaning of regulation 9);

(d)4-Ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-210);

(e)2-(4-Methoxyphenyl)-1-(1-pentyl-1H-indol-3-yl)-ethanone (JWH-201);

(f)2-(3-Methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-302);

(g)1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole (AM-2233);

(h)(2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone (JWH-015);

(i)Naphthoylindoles (not being a naphthoylindole that is a synthetic cannabis product within the meaning of regulation 9);

(j)Naphthoylpyrroles (not being a naphthoylpyrrole that is a synthetic cannabis product within the meaning of regulation 9);

(k)Naphthylmethylindenes (not being a naphthylmethylindene that is a synthetic cannabis product within the meaning of regulation 9);

(l)Naphthylmethylindoles (not being a naphthylmethylindole that is a synthetic cannabis product within the meaning of regulation 9);

(m)(1-Pentylindol-3-yl)naphthalen-1-ylmethane (JWH-175);

(n)1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH-203);

(o)Phenylacetylindoles (not being a phenylacetylindole that is a synthetic cannabis product within the meaning of regulation 9);

(p)Synthetic cannabinomimetics (not being a synthetic cannabinomimetic that is a synthetic cannabis product within the meaning of regulation 9).

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's Deputy

with the advice and consent of the Executive Council

on 19 July 2012

No 178 of 2012

AGO0215/11CS