New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 36ZF

36ZF Offence of supplying or manufacturing psychoactive substances

(1) A person must not manufacture or knowingly take part in the manufacture of a psychoactive substance for supply to another person--

(a) knowing that it is being supplied to the person primarily for human consumption or for supply by that person to another person for that purpose, or

(b) being reckless as to whether it is being so supplied.

: Maximum penalty--20 penalty units or imprisonment for 2 years, or both.

(2) A person must not supply a psychoactive substance--

(a) knowing that it is being acquired primarily for human consumption, or

(b) being reckless as to whether it is being so acquired.

: Maximum penalty--20 penalty units or imprisonment for 2 years, or both.

(3) A court may be satisfied that a person knowingly or recklessly manufactured or supplied a psychoactive substance despite a usage instruction concerning the substance (given in any manner, way, medium or form) that indicates that it is not a psychoactive substance or is not intended for human consumption.

(4) In any proceedings for an offence under this section, the court may have regard to the following in determining whether a person knew or was reckless as to whether a substance was being acquired or supplied primarily for human consumption--

(a) any advertising matter published or displayed by the person, or usage instruction concerning the substance given by the person, whether before or after the commencement of this subsection, that indicates that the substance--

(i) has or may have a psychoactive effect, or

(ii) has or may have a similar effect to a prohibited drug or may be used in a similar way to a prohibited drug,

(b) whether it would be reasonable in all the circumstances to find that the substance concerned was being manufactured or supplied for a lawful purpose.

(5) Subsection (4) does not limit the matters that the court may consider.