DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 40
Effect of certain representations
DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 40
Effect of certain representations
40 Effect of certain representations
(1) A substance (not being a prohibited drug ) which, for the purpose of its
being supplied, is represented (whether verbally, in writing or by conduct) as
being a prohibited drug or a specified prohibited drug shall, for the purposes
of this Act and the regulations , be deemed to be a prohibited drug or the
specified prohibited drug , as the case requires. (1A) A substance (not being
a prohibited drug ) which, for the purpose of its being supplied, is
represented (whether verbally, in writing or by conduct) as being a
Schedule 9 substance or a specified Schedule 9 substance is, for the purposes
of this Act and the regulations , taken to be a Schedule 9 substance or the
specified Schedule 9 substance , as the case requires. (2) A growing plant
(not being a prohibited plant ) which, for the purpose of its being supplied,
is represented (whether verbally, in writing or by conduct) as being a
prohibited plant or a specified prohibited plant shall, for the purposes of
this Act and the regulations , be deemed to be a prohibited plant or the
specified prohibited plant , as the case requires. (3) A substance (not being
a psychoactive substance ) which, for the purpose of its being supplied, is
represented (whether verbally, in writing or by conduct) as being a
psychoactive substance or a specified psychoactive substance is, for the
purposes of this Act and the regulations , to be taken to be a
psychoactive substance or the specified psychoactive substance , as the case
requires.
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