Controlled Substances Act 1984

A person who promotes a substance—

as having pharmacological effects similar to those of a controlled drug; or

as being a legal alternative to a controlled drug; or

in a way that is intended, or likely, to cause a person to believe that the substance—

is a controlled drug; or

has pharmacological effects similar to those of a controlled drug;

is a legal alternative to a controlled drug, is guilty of an offence. Maximum penalty: Maximum penalty:

for a basic offence—

if the offender is a serious drug offender—$20 000 or imprisonment for 5 years, or both; or

in any other case—$10 000 or imprisonment for 2 years, or both;

for an aggravated offence—$20 000 or imprisonment for 5 years, or both.

In proceedings for an offence against subsection (1), the prosecution need not prove that the defendant promoted the substance—

as having pharmacological effects similar to those of a particular controlled drug; or

as being a legal alternative to a particular controlled drug;

in a way that is intended, or likely, to cause a person to believe that the substance—

is a particular controlled drug; or

has pharmacological effects similar to those of a particular controlled drug; or

is a legal alternative to a particular controlled drug.

For the purposes of subsection (1), a person promotes a substance if the person takes any action that is designed to publicise or promote the substance, whether visual or auditory means are employed and whether the substance is directly depicted or referred to or symbolism of some kind is employed, and includes taking any other action of a kind prescribed by regulation for the purposes of this subsection.