New South Wales Consolidated Acts

POISONS AND THERAPEUTIC GOODS ACT 1966 - SECT 18A

18A Evidentiary provisions

(1) A person who has actual possession of a quantity of a prescribed restricted substance exceeding the quantity prescribed for the purposes of this subsection is, for the purposes of any proceedings for an offence involving the supply of a quantity of that substance, taken to have possession of the substance for the purposes of supply unless the person--

(a) proves the contrary, or

(b) proves that the possession of the substance was obtained in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner, optometrist, podiatrist, dentist or veterinary practitioner.

(2) A substance that, for the purpose of being supplied, is represented as being a particular prescribed restricted substance is taken to be that particular restricted substance for the purposes of any proceedings for an offence involving the supply of a prescribed restricted substance.

(3) In this section,
"prescribed restricted substance" means a restricted substance prescribed by the regulations for the purposes of section 16.