South Australian Consolidated Acts

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CONTROLLED SUBSTANCES ACT 1984 - SECT 12

12—Declaration of poisons, prescription drugs, drugs of dependence, controlled drugs etc

        (1)         The Governor may, by regulation, declare, individually or by class, any substance that in the Governor's opinion has the potential to be harmful to humans to be a poison for the purposes of this Act.

        (2)         The Governor may, by regulation, declare, individually or by class, a poison to be a prescription drug for the purposes of this Act.

        (3)         The Governor may, by regulation, declare, individually or by class, a poison that in the Governor's opinion may lead to dependence in humans to be a drug of dependence for the purposes of this Act.

        (4)         The Governor may, by regulation, declare, individually or by class, any substance that in the Governor's opinion may lead to dependence in humans or is of exceptional danger to humans to be a controlled drug for the purposes of this Act.

        (4a)         The Governor may, by regulation, declare, individually or by class, a substance that in the Governor's opinion may be used in the manufacture of a controlled drug to be a controlled precursor for the purposes of this Act.

        (4b)         The Governor may, by regulation, declare, individually or by class, a plant that in the Governor's opinion has the potential if it, or any product of it, is smoked or consumed by, or administered to, humans to lead to dependence in humans to be a controlled plant for the purposes of this Act.

        (5)         The Governor may, by regulation, declare, individually or by class, a substance that in the Governor's opinion is or may be used, or is designed to be used, as a therapeutic substance to be a therapeutic substance for the purposes of this Act. 1

        (6)         The Governor may, by regulation, declare, individually or by class, any device that in the Governor's opinion is or may be used, or is designed to be used—

            (a)         for a purpose related to the physical or mental health or hygiene of humans; or

            (b)         for the purposes of contraception; or

            (c)         for cosmetic purposes,

to be a therapeutic device for the purposes of this Act. 1

        (7)         The Governor may, by regulation, declare, individually or by class, any substance that in the Governor's opinion is a volatile solvent, or contains a volatile solvent, to be a volatile solvent for the purposes of this Act.

        (8)         In any regulations made for the purposes of this section, the Governor may assign a poison, drug of dependence, therapeutic substance or therapeutic device to a specified class or specified classes.

Note—

1         Section 12(5) & (6) had not come into operation at the date of the publication of this version.



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