South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CONTROLLED SUBSTANCES ACT 1984 - SECT 4

4—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"Advisory Council" means the Controlled Substances Advisory Council established under Part 2


;

"aggravated offence"—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to an aggravated offence is a reference to the offence in its aggravated form (see section 43


);

"analyst" means—

            (a)         a person appointed as an analyst for the purposes of this Act; or

            (b)         a person holding a position of a class approved by the Governor for the purposes of this Act;

"applied provisions" means the Commonwealth therapeutic goods laws that apply as a law of South Australia by virtue of section 11A


;

"artificially enhanced cultivation" means—

            (a)         cultivation in a solution comprised wholly or principally of water enriched with nutrients; or

            (b)         cultivation involving the application of an artificial source of light or heat;

"assessment service" means a drug assessment service accredited under Division 6


of Part 5


;

"authorised officer"—see section 50(1)


;

"basic offence"—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to a basic offence is a reference to the offence in its non-aggravated form (see section 43


);

"cannabis" means a plant, or any part (including the seed) of a plant, of the genus cannabis , but does not include cannabis resin or cannabis oil;

"cannabis oil" means a substance that contains chemicals of any one or more of the following classes;

            (a)         cannabinoids;

            (b)         tetrahydrocannabinols;

            (c)         alkyl homologues of tetrahydrocannabinols,

where the amount of soluble material in any quantity of the substance, when dissolved in the solvent known as hexane, constitutes more than 85 per cent of the weight of that quantity of substance;

"cannabis resin" means a substance that contains chemicals of any one or more of the following classes:

            (a)         cannabinoids;

            (b)         tetrahydrocannabinols;

            (c)         alkyl homologues of tetrahydrocannabinols,

where the amount of soluble material in any quantity of the substance, when dissolved in the solvent known as hexane, constitutes more than 15 per cent but not more than 85 per cent of the weight of that quantity of substance;

"child" means a person under the age of 18 years and, in relation to the alleged commission of an offence, means a person who was, at the time of the alleged commission of the offence, under that age;

"commercial quantity" of a controlled drug, controlled precursor or controlled plant means—

            (a)         in relation to a controlled drug or controlled precursor contained in a mixture—

                  (i)         a quantity of the drug or precursor that equals or exceeds the amount prescribed as a commercial quantity for the drug or precursor (as the case may be) in its pure form; or

                  (ii)         a quantity of the mixture that equals or exceeds the amount prescribed as a commercial quantity for any mixture containing the drug or precursor (as the case may be); or

                  (iii)         a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a commercial quantity for any mixture containing the drug or precursor (as the case may be); or

            (b)         in relation to a controlled drug or controlled precursor that is not contained in a mixture—a quantity of the drug or precursor that equals or exceeds the amount prescribed as a commercial quantity for the drug or precursor (as the case may be) in its pure form; or

            (c)         in relation to a controlled plant

                  (i)         a number of the plant that equals or exceeds the number of plants prescribed as a commercial quantity for the plant; or

                  (ii)         a weight of the plant that equals or exceeds the weight prescribed as a commercial quantity for the plant;

"Commonwealth Act" means the Therapeutic Goods Act 1989 of the Commonwealth;

"Commonwealth Minister" means the Minister of the Commonwealth responsible for the administration of the Commonwealth therapeutic goods laws;

"Commonwealth Secretary" means the Secretary of the Department of the Commonwealth that is, under the Commonwealth Minister, responsible for the administration of the Commonwealth therapeutic goods laws;

"Commonwealth therapeutic goods laws" means the Commonwealth Act and the regulations, orders and manufacturing principles under that Act;

"controlled drug" means—

            (a)         a drug of dependence; or

            (b)         a substance declared by the regulations to be a controlled drug for the purposes of this Act; or

            (c)         an interim controlled drug,

but does not include a controlled plant;

"controlled plant" means a growing cannabis plant or a cutting of a cannabis plant (provided that the cutting has been planted or otherwise placed in a growing medium) or any other plant declared by the regulations to be a controlled plant for the purposes of this Act;

"controlled precursor" means a substance declared by the regulations to be a controlled precursor for the purposes of this Act;

"cultivate" a controlled plant means—

            (a)         plant a seed, seedling or cutting of the plant or transplant the plant; or

            (b)         nurture, tend or grow the plant; or

            (c)         harvest the plant (including pick any part of the plant or separate any resin or other substance from the plant); or

            (d)         dry the harvested plant or part of the plant; or

            (e)         take part in the process of cultivation of the plant;

"dentist" means a person registered under the Health Practitioner Regulation National Law —

            (a)         to practise in the dental profession as a dentist (other than as a student); and

            (b)         in the dentists division of that profession;

"Department" means the department of the Minister to whom the administration of this Act has been committed;

"discrete dosage unit", in relation to a controlled drug contained in a mixture or a controlled precursor contained in a mixture, means an amount of the mixture which is prepared or apparently prepared for the purpose of being administered as a single dose;

"drug detection dog" means a dog that has completed training of a kind approved by the Commissioner of Police for the purpose of detecting the presence of a controlled drug, controlled precursor or controlled plant;

"drug of dependence" means a poison declared by the regulations to be a drug of dependence;

"electronic drug detection system" means—

            (a)         an electronic device of a kind approved by the Commissioner of Police; or

            (b)         a system, of a kind approved by the Commissioner of Police, that involves the use of an electronic device,

for the purpose of detecting the presence of a controlled drug, controlled precursor or controlled plant;

"general drug detection" means—

            (a)         walking or otherwise placing a drug detection dog in the vicinity of a person or property; or

            (b)         using an electronic drug detection system in relation to a person or property in a manner prescribed by regulation,

for the purpose of determining whether the dog or system (as the case may be) detects the presence of a controlled drug, controlled precursor or controlled plant (but does not include any other conduct by a person that would constitute a search);

"interim controlled drug" means a substance declared to be an interim controlled drug by a notice under section 12A


;

"large commercial quantity" of a controlled drug, controlled precursor or controlled plant means—

            (a)         in relation to a controlled drug or controlled precursor contained in a mixture—

                  (i)         a quantity of the drug or precursor that equals or exceeds the amount prescribed as a large commercial quantity for the drug or precursor (as the case may be) in its pure form; or

                  (ii)         a quantity of the mixture that equals or exceeds the amount prescribed as a large commercial quantity for any mixture containing the drug or precursor (as the case may be); or

                  (iii)         a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a large commercial quantity for any mixture containing the drug or precursor (as the case may be); or

            (b)         in relation to a controlled drug or controlled precursor that is not contained in a mixture—a quantity of the drug or precursor that equals or exceeds the amount prescribed as a large commercial quantity for the drug or precursor (as the case may be) in its pure form; or

            (c)         in relation to a controlled plant

                  (i)         a number of the plant that equals or exceeds the number of plants prescribed as a large commercial quantity for the plant; or

                  (ii)         a weight of the plant that equals or exceeds the weight prescribed as a large commercial quantity for the plant;

"manufacture", in relation to a controlled drug means—

            (a)         undertake any process by which the drug is extracted, produced or refined; or

            (b)         take part in the process of manufacture of the substance;

"medical device" has the same meaning as in the applied provisions;

"medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

"medicine" has the same meaning as in the applied provisions;

"midwife" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a midwife (other than as a student);

"nurse" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student);

"nurse practitioner" means a nurse whose registration under the Health Practitioner Regulation National Law is endorsed as being qualified to practise as a nurse practitioner;

"owner", in relation to premises, includes the occupier of the premises;

"pharmacist" means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

"poison" means a substance declared by the regulations to be a poison for the purposes of this Act;

"possession" of a substance or thing includes—

            (a)         having control over the disposition of the substance or thing; and

            (b)         having joint possession of the substance or thing;

"premises" means any land, building, structure, vehicle, vessel or aircraft;

"prescription drug" means a poison declared by the regulations to be a prescription drug for the purposes of this Act;

"product" of a controlled plant includes—

            (a)         a seed of the plant; and

            (b)         a part of the plant (whether live or dead); and

            (c)         a substance separated from the plant;

"registered health practitioner" has the same meaning as in the Health Practitioner Regulation National Law ;

"school zone" means the grounds of a primary or secondary school and the area within 500 metres of the boundary of the school;

"sell" means sell, barter or exchange, offer or agree to sell, barter or exchange or expose for sale, barter or exchange;

"senior police officer" means a police officer of or above the rank of Inspector;

"simple possession offence" means an offence against section 33L(1)


other than an offence relating to a prescribed controlled drug;

"substance" means any gaseous, liquid or solid substance and includes a plant or fungus;

"supply" means provide or distribute or offer to provide or distribute;

"traffic" in a controlled drug means—

            (a)         sell the drug; or

            (b)         have possession of the drug intending to sell it; or

            (c)         take part in the process of sale of the drug;

"trafficable quantity" of a controlled drug or controlled plant means—

            (a)         in relation to a controlled drug contained in a mixture—

                  (i)         a quantity of the drug that equals or exceeds the amount prescribed as a trafficable quantity for the drug in its pure form; or

                  (ii)         a quantity of the mixture that equals or exceeds the amount prescribed as a trafficable quantity for any mixture containing the drug; or

                  (iii)         a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a trafficable quantity for any mixture containing the drug; or

            (b)         in relation to a controlled drug that is not contained in a mixture—a quantity of the drug that equals or exceeds the amount prescribed as a trafficable quantity for the drug in its pure form; or

            (c)         in relation to a controlled plant

                  (i)         a number of the plant that equals or exceeds the number of plants prescribed as a trafficable quantity for the plant; or

                  (ii)         a weight of the plant that equals or exceeds the weight prescribed as a trafficable quantity for the plant;

"vessel" means any ship, boat or other water craft;

"veterinary surgeon" means a person registered as a veterinary surgeon under the Veterinary Practice Act 2003


;

"volatile solvent" means a substance declared by the regulations to be a volatile solvent for the purposes of this Act.

        (2)         A substance is an analogue of another for the purposes of this Act if—

            (a)         they both have substantially similar chemical structures; or

            (b)         they both have substantially similar pharmacological effects.

        (3)         Subject to the regulations, an analogue of a controlled drug (not being an analogue that is itself declared by regulation to be a drug of dependence or a controlled drug) is by virtue of this subsection a controlled drug.

        (4)         For the purposes of this Act, a person takes part in the process of sale, manufacture or cultivation of a controlled drug or controlled plant if the person directs, takes or participates in any step, or causes any step to be taken, in the process of sale, manufacture or cultivation of the drug or plant.

        (5)         For the purposes of this Act, a step in the process of sale of a controlled drug includes, without limitation, any of the following when done for the purpose of sale of the drug:

            (a)         storing the drug;

            (b)         carrying, transporting, loading or unloading the drug;

            (c)         packaging the drug, separating the drug into discrete units or otherwise preparing the drug;

            (d)         guarding or concealing the drug;

            (e)         providing or arranging finance (including finance for the acquisition of the drug);

            (f)         providing or allowing the use of premises or jointly occupying premises.

        (6)         For the purposes of this Act, a step in the process of manufacture of a controlled drug includes, without limitation, any of the following when done for the purpose of manufacture of the drug:

            (a)         acquiring equipment, substances or materials;

            (b)         storing equipment, substances or materials;

            (c)         carrying, transporting, loading or unloading equipment, substances or materials;

            (d)         guarding or concealing equipment, substances or materials;

            (e)         providing or arranging finance (including finance for the acquisition of equipment, substances or materials);

            (f)         providing or allowing the use of premises or jointly occupying premises.

        (7)         For the purposes of this Act, a step in the process of cultivation of a controlled plant includes, without limitation, any of the following when done for the purpose of cultivation of the plant:

            (a)         acquiring the plant or equipment, substances or materials;

            (b)         storing the plant or equipment, substances or materials;

            (c)         carrying, transporting, loading or unloading the plant or equipment, substances or materials;

            (d)         guarding or concealing the plant or equipment, substances or materials;

            (e)         providing or arranging finance (including finance for the acquisition of the plant or equipment, substances or materials);

            (f)         providing or allowing the use of premises or jointly occupying premises.

        (8)         In subsection (7)



"materials" includes seeds, seedlings and cuttings.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback