DRUGS, POISONS AND CONTROLLED SUBSTANCES MISCELLANEOUS AMENDMENT ACT 2017 (NO. 40 OF 2017) - SECT 4 Definitions

DRUGS, POISONS AND CONTROLLED SUBSTANCES MISCELLANEOUS AMENDMENT ACT 2017 (NO. 40 OF 2017) - SECT 4

In section 4(1) of the Principal Act insert the following definitions—

""consume", in relation to a substance, includes the following—

        (a)     ingest the substance;

        (b)     inject the substance;

        (c)     inhale the substance;

        (d)     smoke the substance, or inhale fumes caused by heating or burning the substance;

        (e)     apply the substance externally to the body of a person;

        (f)     by any other means introduce the substance into any part of the body of a person;

"psychoactive effect", in relation to a person, means—

        (a)     stimulation or depression of the person's central nervous system, resulting in hallucinations or in a significant disturbance in, or significant change to, motor function, thinking, behaviour, perception, awareness or mood; or

        (b)     causing a state of dependence, including physical or psychological addiction;

"psychoactive substance" means—

        (a)     a substance that, when consumed by a person, has a psychoactive effect; or

        (b)     a substance that is represented as,

or in any other way held out to be, a substance that, when consumed by a person, has a psychoactive effect; or

        (c)     a substance referred to in paragraph (a) or (b) that is contained in or mixed with another substance—

but does not include any of the following—

        (d)     a drug of dependence;

        (e)     a poison or controlled substance;

        (f)     a volatile substance within the meaning of Part IV;

        (g)     medicinal cannabis;

        (h)     a therapeutic good—

              (i)     included in the Register within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth; or

              (ii)     exempted from the operation of Part 3-2 of that Act by regulations made under section 18 of that Act; or

              (iii)     exempted from Division 2 of Part 3-2 of that Act under section 18A of that Act; or

              (iv)     that is the subject of an approval or authority under section 19 of that Act, if used in accordance with that approval or authority; or

              (v)     that is the subject of an approval under section 19A of that Act, if used in accordance with that approval;

              (i)     food within the meaning of the Food Act 1984 that complies with the Food Standards Code within the meaning of that Act;

        (j)     liquor within the meaning of the Liquor Control Reform Act 1998 ;

        (k)     a tobacco product within the meaning of the Tobacco Act 1987 ;

        (l)     a chemical product within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 ;

        (m)     a plant or fungus or an extract of a plant or fungus;

        (n)     a prescribed substance or a substance that is in a prescribed class of substances;

"public place" has the same meaning as it has in the Summary Offences Act 1966 ;".