South Australian Consolidated Acts

CONTROLLED SUBSTANCES ACT 1984 - SECT 31

31—Application of Part

        (1)         This Part does not apply to—

            (a)         the sale, manufacture, supply, administration or possession of a drug of dependence, the sale or possession of equipment for use in connection with the consumption or administration of such a drug or the preparation, for consumption or administration, of such a drug by—

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

                  (ii)         a member of any other prescribed profession acting in the course of that profession; or

                  (iii)         a person acting in accordance with a licence issued by the Minister under this Act; or

            (b)         the possession of a drug of dependence, or of equipment for use in connection with the consumption or administration of a drug of dependence, by—

                  (i)         a person—

                        (A)         for whom the drug has been lawfully prescribed; or

                        (B)         to whom the drug has been lawfully supplied for the purpose of consumption or administration by the person; or

                  (ii)         a person—

                        (A)         being the owner of an animal for whom the drug has been lawfully prescribed; or

                        (B)         to whom the drug has been lawfully supplied for the purpose of consumption by or administration to an animal owned by the person; or

                  (iii)         a person acting on behalf of a person referred to in subparagraph (i) or (ii); or

            (c)         the administration or supply, or the giving of permission for the administration or supply, of a drug of dependence to a person—

                  (i)         for whom the drug has been lawfully prescribed; or

                  (ii)         to whom the drug has been lawfully supplied for the purpose of consumption or administration by the person; or

            (d)         the consumption or administration of a drug of dependence by a person—

                  (i)         for whom the drug has been lawfully prescribed; or

                  (ii)         to whom the drug has been lawfully supplied for the purpose of consumption or administration by the person.

        (2)         In proceedings for an offence against this Part, subsection (1) is to be treated as providing exceptions, and no proof will be required in relation to any exception by the prosecution but the application of an exception will be a matter for proof by the defendant.

Subdivision 1—Trafficking in controlled drugs