Section 63(3) of the Controlled Substances Act 1984 (SA) requires a recommendation of the Advisory Council only prior to the making of an original regulation prescribing drug amounts; a fresh recommendation is not required when the same amounts are re-enacted in replacement regulations. Section 33OA of the Act only requires particularisation of 'pure' or 'mixed' status where the prosecution alleges the drug was contained in a mixture. A challenge to the validity of regulations based on alleged non-compliance with consultation requirements cannot be raised for the first time on appeal where evidence could have been given at trial to meet the point.
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