CONTROLLED SUBSTANCES ACT 1984 - SECT 30A
CONTROLLED SUBSTANCES ACT 1984 - SECT 30A
In this Part—
"alkaloid poppy" means a plant or any part of a plant whether fresh or dried
of—
(a)
Papaver bracteatum Lindley; or
(b)
Papaver somniferum L.;
"alkaloid poppy register" means the register established under
section 30ZZG;
"associate" has the same meaning given in section 30B;
"Chief Executive" means the Chief Executive of the Department that is, under
the Minister, responsible for the administration of the
Agricultural and Veterinary Chemicals (South Australia) Act 1994 ;
"Commonwealth licence to export" means a licence to export narcotic substances
which relates to the export of poppy straw under the Customs Act 1901 of the
Commonwealth;
"Commonwealth licence to manufacture" means a licence to manufacture narcotic
drugs which relates to the manufacturing of opiates from alkaloid poppies
under the Narcotic Drugs Act 1967 of the Commonwealth;
"criminal intelligence" means information relating to actual or suspected
criminal activity (whether in this State or elsewhere) the disclosure of which
could reasonably be expected to prejudice criminal investigations, to enable
the discovery of the existence or identity of a confidential source of
information relevant to law enforcement or to endanger a person's life or
physical safety;
"detention or seizure receipt" means a receipt given in accordance with
section 30ZC or section 30ZI;
"disqualified person" means—
(a) a
person who is under the age of 17 years unless the person is an
apprentice or trainee within the meaning of the South Australian Skills
Act 2008 ; or
(b) a
person against whom a finding of guilt in respect of a serious offence was
made by a court (whether in or outside South Australia) in the 10 years
preceding the date an application is made under this Part; or
(c) a
person against whom a finding of guilt for an offence under this Act or an
offence under a corresponding law of another jurisdiction was made by a court
(whether in or outside South Australia) in the 5 years preceding the date
an application is made under this Part; or
(d) a
person who belongs to a prescribed class of persons;
"employee", in relation to a licensed grower or a licensed processor, includes
a person who is—
(a)
employed under a contract of employment; or
(b)
employed under a training contract; or
(c)
engaged under any other contract to perform a specified task authorised under
a poppy cultivation licence or a poppy processing licence;
"employee identification certificate" means a certificate issued to an
employee by a licensed grower under section 30J or by a
licensed processor under section 30T;
"harvest and destruction order" means an order made under
section 30ZM(3);
"inspector" means—
(a) a
person authorised under section 30Z; and
(b) an
inspector under Part IVB of the Drugs, Poisons and Controlled Substances
Act 1981 of Victoria; and
(c) a
police officer;
"inspector identification certificate" means a certificate issued to an
inspector under section 30ZA;
"licence holder" means—
"licensed grower" means the holder of a poppy cultivation licence;
"licensed processor" means the holder of a poppy processing licence;
"poppy cultivation licence" means a licence issued under section 30F(2);
"poppy processing licence" means a licence issued under section 30P(2);
"poppy straw" means the upper parts of an alkaloid poppy, including the stem
and capsule, harvested after mowing;
"process", in relation to poppy straw, means—
(a) to
prepare or treat poppy straw in any manner other than refinement,
concentration, extraction or reaction unless the refinement, concentration,
extraction or reaction is for chemical analysis for non-therapeutic use; or
(b) to
store poppy straw;
"risk management plan" means a plan that forms part of a poppy
cultivation licence or a poppy processing licence;
"seized material" means any alkaloid poppies, poppy straw or material derived
from alkaloid poppies or poppy straw seized by an inspector under
section 30ZH;
"serious offence" means—
(a) an
indictable offence involving dishonesty, fraud or assault; or
(b) an
indictable offence involving possession, or cultivation of, or trafficking in,
a drug of dependence; or
(c) any
other indictable offence under this Act; or
(d) an
indictable offence under the law of another jurisdiction involving—
(i)
dishonesty, fraud or assault; or
(ii)
possession, or cultivation of, or trafficking in, a
drug of dependence;
"specified premises" means premises to which a licence under this Part
applies;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 .