South Australian Current Acts
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CONTROLLED SUBSTANCES ACT 1984
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
4. Interpretation
5. Application of Act
PART 2--Controlled Substances Advisory Council
6. The Controlled Substances Advisory Council
7. Terms and conditions of office
8. Validity of acts of the Advisory Council
9. Allowances and expenses
10. Conduct of business
10A. Conflict of interest under Public Sector (Honesty and Accountability) Act
11. Functions of the Advisory Council
PART 2A--Application in South Australia of Commonwealth therapeutic goods laws
Division 1--Applied provisions
11A. Application of Commonwealth therapeutic goods laws
11B. Interpretation of Commonwealth therapeutic goods laws
Division 2--Functions and powers under applied provisions
11C. Functions and powers of Commonwealth Minister
11D. Functions and powers of Commonwealth Secretary
11E. Commonwealth may retain fees paid to Commonwealth Secretary
11F. Functions and powers of other persons
11G. Delegation by Commonwealth Minister or Commonwealth Secretary
11H. Appointments under Commonwealth therapeutic goods laws
Division 3--Offences against applied provisions
11I. Application of Commonwealth criminal laws to offences against applied provisions
11J. Functions and powers conferred on certain Commonwealth officers and authorities relating to offences
11K. No double jeopardy for offences against applied provisions
Division 4--Reviews and appeals
11L. Tribunal may sit with assessors
PART 3--Controlled substances
12. Declaration of poisons, prescription drugs, drugs of dependence, controlled drugs etc
12A. Interim controlled drugs
PART 4--General offences
13. Manufacture and packing
14. Sale by wholesale
15. Sale or supply to end user
16. Sale of certain poisons
17. Sale of poisons the possession of which requires a licence
17A. Manufacture, sale, supply or possession of certain precursors
17B. Storage and sale of certain precursors
17C. Regulation of sale of certain precursors
18. Regulation of prescription drugs
18A. Restriction of prescription or supply of drug of dependence in certain circumstances
19. Sale or supply of volatile solvents
20. Prohibition of automatic vending machines
21. Sale, supply, possession or administration of other potentially harmful substances or devices
22. Possession
23. Quality
24. Packaging and labelling
25. Storage
26. Transport
27. Use
28. Prohibition of advertisement
29. Regulation of advertisement
30. Forgery etc of prescriptions
PART 4A--Licences to cultivate alkaloid poppies and process poppy straw
Division 1--Preliminary
30A. Interpretation
30B. Meaning of associate
30C. Matters to be considered--fit and proper person
Division 2--Poppy cultivation licence
30D. Application for poppy cultivation licence
30E. Chief Executive must investigate application
30F. Determining an application
30G. Terms and conditions of a poppy cultivation licence
30H. Poppy cultivation licence is not transferable
30I. Employee of licensed grower authorised to undertake activities under licence
30J. Employee identification certificate issued by licensed grower
30K. Application for renewal of licence
30L. Chief Executive must investigate renewal application
30M. Determining a renewal application
Division 3--Poppy processing licence
30N. Application for poppy processing licence
30O. Chief Executive must investigate application
30P. Determining an application
30Q. Terms and conditions of a poppy processing licence
30R. Poppy processing licence is not transferable
30S. Employee of licensed processor authorised to undertake activities under licence
30T. Employee identification certificate issued by licensed processor
30U. Application for renewal of licence
30V. Chief Executive must investigate renewal application
30W. Determining a renewal application
Division 4--General provisions applying to a poppy cultivation licence or poppy processing licence
30X. Amendment of licences
30Y. Suspension or cancellation of licences
Division 5--Inspection and enforcement
30Z. Inspectors under this Part
30ZA. Identification certificate
30ZB. General powers of inspector
30ZC. Procedure on seizing a document, thing or taking a sample
30ZD. Power to use electronic equipment at premises
30ZE. Power to copy information on electronic storage devices
30ZF. Inspector must not damage equipment
30ZG. Inspector may possess alkaloid poppies or poppy straw
30ZH. Inspector has power to detain or seize alkaloid poppies or poppy straw
30ZI. Procedure on detaining or seizing alkaloid poppies or poppy straw
30ZJ. Chief Executive has power to dispose or deal with seized alkaloid poppies or poppy straw
30ZK. Retention and return of seized alkaloid poppies or poppy straw
30ZL. Magistrates Court may extend 3 month period
30ZM. Forfeiture, harvest and destruction of alkaloid poppies or poppy straw
30ZN. Recovery of costs
30ZO. Inspector may access ratepayer information
30ZP. Protection against self-incrimination
30ZQ. Power to issue expiation notices
30ZR. Expiation fee
Division 6--Offences
30ZS. Offence to fail to report the amendment or cancellation of a contract
30ZT. Offence to fail to report amendment or cancellation
30ZU. Offence to fail to report on any change of details of the licensed grower or the licensed processor
30ZV. Offence to fail to surrender licence on suspension or cancellation
30ZW. Offence to contravene a licence
30ZX. Offence to fail to prohibit access to premises
30ZY. Offence to fail to carry and produce identification certificate
30ZZ. Offence to employ disqualified persons under licence
30ZZA. Offence for disqualified person to be employed by licensed grower or licensed processor
30ZZB. Employee must comply with terms and conditions of licence
30ZZC. Criminal liability of licensed grower or licensed processor--failure to exercise due diligence
30ZZD. Offence to fail to provide an identification certificate for employees
30ZZE. Offence to hinder or obstruct inspector
30ZZF. Offence to remove detained or seized alkaloid poppies or poppy straw
Division 7--Alkaloid poppy register
30ZZG. Alkaloid poppy register
30ZZH. Request to register a contract
30ZZI. Access to the alkaloid poppy register restricted
30ZZJ. Person with access to alkaloid poppy register not to disclose personal information from it
30ZZK. Delegation
Division 8--Review
30ZZL. Review by Tribunal
Division 9--Miscellaneous
30ZZM. Criminal intelligence
30ZZN. Regulations
PART 5--Offences relating to controlled drugs, precursors and plants
Division 1--Preliminary
31. Application of Part
Division 2--Commercial offences
Subdivision 1--Trafficking in controlled drugs
32. Trafficking
Subdivision 2--Manufacture of controlled drugs
33. Manufacture of controlled drugs for sale
33A. Sale, manufacture etc of controlled precursor
Subdivision 3--Cultivation and sale of controlled plants
33B. Cultivation of controlled plants for sale
33C. Sale of controlled plants
Subdivision 4--Sale of equipment etc
33D. Sale of equipment
33DA. Sale of instructions
Division 3--Offences involving children and school zones
33E. Application of Division
33F. Sale, supply or administration of controlled drug to child
33G. Sale, supply or administration of controlled drug in school zone
33GA. Sale of equipment to child for use in connection with consumption of controlled drugs
33GB. Sale of instructions to a child
33H. Procuring child to commit offence
Division 4--Other offences
33I. Supply or administration of controlled drug
33J. Manufacture of controlled drugs
33K. Cultivation of controlled plants
33L. Possession or consumption of controlled drug etc
33LA. Possession or supply of prescribed equipment
33LAB. Possession or supply of instructions
33LB. Possession or supply of prescribed quantity of controlled precursor
Division 4A--Offences relating to controlled drug alternatives
33LC. Interpretation
33LD. Intentional manufacture of controlled drug alternative
33LE. Promoting controlled drug alternative
33LF. Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative
Division 5--General provisions relating to offences
33M. Interpretation
33N. Aggregation of offences
33O. Offences involving more than one kind of substance
33OA. Basis for determining quantity of controlled substance
33P. Knowledge or recklessness with respect to identity or quantity
33Q. Alternative conviction--mistake as to identity of controlled substance
33R. Alternative verdicts
33S. No accessorial liability for certain offences
33T. Power of court to prohibit certain activities
Division 6--Procedure in relation to simple possession offences
34. Application of Division
36. Referral for assessment
37. Assessment of referred person
38. Undertakings
39. Release from custody for the purposes of assessment or undertaking
40. Prosecution of simple possession offences
40A. Confidentiality
PART 6--Offences, penalties etc
43. Aggravated offences
44. Matters to be considered when court fixes penalty
45A. Expiation of simple cannabis offences
PART 7--Search, seizure, forfeiture and analysis
49. Application of Part
50. Authorised officers
51. Analysts
52. Power to search, seize etc
52A. General drug detection powers
52B. Special powers relating to drug transit routes
52C. Report to Minister on issue of authorisations
52D. General provisions relating to exercise of powers
52E. Seized property and forfeiture
53. Analysis
PART 7A--Youth treatment orders
54. Interpretation
54A. Best interests of child are paramount consideration
54B. Orders that may be made under this Part
54C. Application for order
54D. Making of orders
54E. Proceedings in the absence of child
54F. Variation or revocation of order
54G. Service
54H. Effect of order
54I. Detention
54J. Treatment may continue after 18th birthday
54K. Costs of assessment or treatment
54L. Special provisions relating to detention of children
54M. Legal representation
54N. Regulations
54O. Reports
54P. Review of Part
PART 8--Miscellaneous
55. Licences, authorities and permits
56. Permits for research etc
56A. Accreditation of drug assessment and treatment services
57. Power of Minister to prohibit certain activities
57A. Warnings
58. Publication of information
60. Minister may require certain information to be given
60A. Confidentiality
60B. False or misleading information
61. Evidentiary provisions
62A. Delegation
63. Regulations and fee notices
Legislative history
The Parliament of South Australia enacts as
follows:
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