South Australian Current Acts

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: