New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 36ZE

36ZE Substances to which this Part does not apply

(1) This Part does not apply to the following substances--

(a) a substance specified in Schedule 1,

(b) a precursor within the meaning of section 24A,

(c) a poison, restricted substance or drug of addiction within the meaning of the Poisons and Therapeutic Goods Act 1966 ,

(d) therapeutic goods included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 of the Commonwealth or that are exempted from the operation of Part 3-2 of that Act by regulations made under section 18 of that Act,

(e) a food within the meaning of the Food Act 2003 ,

(f) alcohol,

(g) a tobacco product,

(h) any plant or fungus, or extract from a plant or fungus, that is not, or does not contain, a substance specified in Schedule 1,

(i) controlled drugs, controlled plants and controlled precursors within the meaning of Part 9.1 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth,

(j) a substance supplied by a health practitioner (within the meaning of the Health Care Complaints Act 1993 ) in the course of the provision of a health service (within the meaning of that Act),

(k) any other substance prescribed by the regulations for the purposes of this section.

(2) A reference to a substance in subsection (1) does not include any substance that contains, or has had added to it, any psychoactive substance that is not specified in subsection (1).