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 any substance or the sale, manufacture, supply or possession of any equipment by a person who—

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

                  (ii)         is acting in accordance with a licence or permit issued by the Minister under this Act; or

            (b)         the possession of a relevant controlled drug, or of equipment for use in connection with the consumption or administration of a relevant controlled drug, 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 relevant controlled drug 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 relevant controlled drug 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.

        (3)         In this section—

"relevant controlled drug" means a controlled drug other than a controlled drug of a kind excluded from this definition by regulation.

Subdivision 1—Trafficking in controlled drugs