South Australian Consolidated Acts

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CONTROLLED SUBSTANCES ACT 1984 - SECT 13

13—Manufacture and packing

        (1)         A person must not manufacture or pack a poison, therapeutic substance or therapeutic device to which this section applies unless the person—

            (a)         is a medical practitioner, pharmacist, dentist or veterinary surgeon acting in the ordinary course of his or her profession; or

            (b)         is licensed to do so by the Minister.

Maximum penalty: $10 000.

        (2)         This section applies to such poisons (other than drugs of dependence), therapeutic substances or therapeutic devices as may be prescribed, individually or by class, by the regulations.

        (3)         In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.

        (4)         In this section—

"manufacture"—

            (a)         in relation to a substance, means undertake any process by which the substance is extracted, produced, refined, separated into discrete units or otherwise prepared; and

            (b)         in relation to a device, means undertake any process by which the device is produced.



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