Criminal Code Act 1995

A person commits an offence if:

the person imports a substance; and

at the time of the importation, the presentation of the substance includes an express or implied representation that the substance is a serious drug alternative.

For the purposes of paragraph (1)(b), the presentation of a substance includes, but is not limited to, matters relating to:

the name of the substance; and

the labelling and packaging of the substance and

any advertising or other informational material associated with the substance.

This section does not apply to a substance if it is:

food (within the meaning of the Food Standards Australia New Zealand Act 1991) for which:

there is a standard (within the meaning of that Act); or

in the form in which the substance is presented, there is a tradition in Australia and New Zealand of using the substance as food for humans; or

goods that are listed goods, or registered goods, within the meaning of the Therapeutic Goods Act 1989; or

therapeutic goods that are:

exempt goods (within the meaning of that Act); or

exempt under section 18A of that Act; or

the subject of an approval or authority under section 19 of that Act; or

the subject of an approval under section 19A of that Act; or

a substance or mixture of substances that is a chemical product (within the meaning of the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994), and that:

is a registered chemical product (within the meaning of that Code); or

is a reserved chemical product (within the meaning of that Code); or

is an exempt chemical product (within the meaning of subsection 69B(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992); or

is imported into Australia with the written consent of the Australian Pesticides and Veterinary Medicines Authority under subsection 69B(1B) of that Act; or

a substance or mixture of substances that is an active constituent (within the meaning of that Code) for a proposed or existing chemical product (within the meaning of that Code), and that:

is an approved active constituent (within the meaning of that Code); or

is an exempt active constituent (within the meaning of subsection 69B(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992); or

is imported into Australia with the written consent of the Australian Pesticides and Veterinary Medicines Authority under subsection 69B(1B) of that Act; or

prescribed by, or included in a class of substances prescribed by, the regulations.

A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

In a prosecution for an offence under subsection (1), it is not necessary to prove that:

the representation of the substance to be a serious drug alternative related to a particular serious drug; or

the defendant intended to cause any person to believe that the substance:

was a particular serious drug; or

has a psychoactive effect that is the same as or similar to a particular serious drug; or

is a lawful alternative to a particular serious drug; or

the defendant knew, or was reckless as to:

the particular identity of the substance, or

whether the substance has a particular psychoactive effect.