Interpretation

In force

(1)

In this Act, unless the contrary intention appears—

Advisory Council means the Controlled Substances Advisory Council established under Part 2;

aggravated offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to an aggravated offence is a reference to the offence in its aggravated form (see section 43);

analyst means—

(a)

a person appointed as an analyst for the purposes of this Act; or

(b)

a person holding a position of a class approved by the Minister for the purposes of this Act;

applied provisions means the Commonwealth therapeutic goods laws that apply as a law of South Australia by virtue of section 11A;

artificially enhanced cultivation means—

(a)

cultivation in a solution comprised wholly or principally of water enriched with nutrients; or

(b)

cultivation involving the application of an artificial source of light or heat;

assessment service means a drug assessment service accredited under section 56A;

authorised officer—see section 50(1);

basic offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to a basic offence is a reference to the offence in its non‑aggravated form (see section 43);

cannabis means a plant, or any part (including the seed) of a plant, of the genus cannabis, but does not include cannabis resin or cannabis oil;

cannabis oil means a substance that contains chemicals of any one or more of the following classes;

(a)

cannabinoids;

(b)

tetrahydrocannabinols;

(c)

alkyl homologues of tetrahydrocannabinols, where the amount of soluble material in any quantity of the substance, when dissolved in the solvent known as hexane, constitutes more than 85 per cent of the weight of that quantity of substance;

cannabis resin means a substance that contains chemicals of any one or more of the following classes:

(a)

cannabinoids;

(b)

tetrahydrocannabinols;

(c)

alkyl homologues of tetrahydrocannabinols, where the amount of soluble material in any quantity of the substance, when dissolved in the solvent known as hexane, constitutes more than 15 per cent but not more than 85 per cent of the weight of that quantity of substance;

child means a person under the age of 18 years and, in relation to the alleged commission of an offence, means a person who was, at the time of the alleged commission of the offence, under that age;

commercial quantity of a controlled drug, controlled precursor or controlled plant means—

(a)

in relation to a controlled drug or controlled precursor contained in a mixture—

(i)

a quantity of the drug or precursor that equals or exceeds the amount prescribed as a commercial quantity for the drug or precursor (as the case may be) in its pure form; or

(ii)

a quantity of the mixture that equals or exceeds the amount prescribed as a commercial quantity for any mixture containing the drug or precursor (as the case may be); or

(iii)

a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a commercial quantity for any mixture containing the drug or precursor (as the case may be); or

(b)

in relation to a controlled drug or controlled precursor that is not contained in a mixture—

(i)

if the regulations prescribe an amount as a commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount so prescribed; or

(ii)

if the regulations do not prescribe an amount as a commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount prescribed as a commercial quantity for any mixture containing the drug or precursor; or

(c)

in relation to a controlled plant—

(i)

a number of the plant that equals or exceeds the number of plants prescribed as a commercial quantity for the plant; or

(ii)

a weight of the plant that equals or exceeds the weight prescribed as a commercial quantity for the plant;

Commonwealth Act means the Therapeutic Goods Act 1989 of the Commonwealth;

Commonwealth Minister means the Minister of the Commonwealth responsible for the administration of the Commonwealth therapeutic goods laws;

Commonwealth Secretary means the Secretary of the Department of the Commonwealth that is, under the Commonwealth Minister, responsible for the administration of the Commonwealth therapeutic goods laws;

Commonwealth therapeutic goods laws means the Commonwealth Act and the regulations, orders and manufacturing principles under that Act;

controlled drug means—

(a)

a drug of dependence; or

(b)

a substance declared by the regulations to be a controlled drug for the purposes of this Act; or

(c)

an interim controlled drug, but does not include a controlled plant;

controlled plant means a growing cannabis plant or a cutting of a cannabis plant (provided that the cutting has been planted or otherwise placed in a growing medium) or any other plant declared by the regulations to be a controlled plant for the purposes of this Act;

controlled precursor means a substance declared by the regulations to be a controlled precursor for the purposes of this Act;

cultivate a controlled plant means—

(a)

plant a seed, seedling or cutting of the plant or transplant the plant; or

(b)

nurture, tend or grow the plant; or

(c)

harvest the plant (including pick any part of the plant or separate any resin or other substance from the plant); or

(d)

dry the harvested plant or part of the plant; or

(e)

take part in the process of cultivation of the plant;

dentist means a person registered under the Health Practitioner Regulation National Law—

(a)

to practise in the dental profession as a dentist (other than as a student); and

(b)

in the dentists division of that profession;

Department means the department of the Minister to whom the administration of this Act has been committed;

discrete dosage unit, in relation to a controlled drug contained in a mixture or a controlled precursor contained in a mixture, means an amount of the mixture which is prepared or apparently prepared for the purpose of being administered as a single dose;

drug detection dog means a dog that has completed training of a kind approved by the Commissioner of Police for the purpose of detecting the presence of a controlled drug, controlled precursor or controlled plant;

drug of dependence means a poison declared by the regulations to be a drug of dependence;

electronic drug detection system means—

(a)

an electronic device of a kind approved by the Commissioner of Police; or

(b)

a system, of a kind approved by the Commissioner of Police, that involves the use of an electronic device, for the purpose of detecting the presence of a controlled drug, controlled precursor or controlled plant;

general drug detection means—

(a)

walking or otherwise placing a drug detection dog in the vicinity of a person or property; or

(b)

using an electronic drug detection system in relation to a person or property in a manner prescribed by regulation, for the purpose of determining whether the dog or system (as the case may be) detects the presence of a controlled drug, controlled precursor or controlled plant (but does not include any other conduct by a person that would constitute a search);

interim controlled drug means a substance declared to be an interim controlled drug by a notice under section 12A;

large commercial quantity of a controlled drug, controlled precursor or controlled plant means—

(a)

in relation to a controlled drug or controlled precursor contained in a mixture—

(i)

a quantity of the drug or precursor that equals or exceeds the amount prescribed as a large commercial quantity for the drug or precursor (as the case may be) in its pure form; or

(ii)

a quantity of the mixture that equals or exceeds the amount prescribed as a large commercial quantity for any mixture containing the drug or precursor (as the case may be); or

(iii)

a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a large commercial quantity for any mixture containing the drug or precursor (as the case may be); or

(b)

in relation to a controlled drug or controlled precursor that is not contained in a mixture—

(i)

if the regulations prescribe an amount as a large commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount so prescribed; or

(ii)

if the regulations do not prescribe an amount as a large commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount prescribed as a large commercial quantity for any mixture containing the drug or precursor; or

(c)

in relation to a controlled plant—

(i)

a number of the plant that equals or exceeds the number of plants prescribed as a large commercial quantity for the plant; or

(ii)

a weight of the plant that equals or exceeds the weight prescribed as a large commercial quantity for the plant;

manufacture, in relation to a controlled drug means—

(a)

undertake any process by which the drug is extracted, produced or refined; or

(b)

take part in the process of manufacture of the substance;

medical device has the same meaning as in the applied provisions;

medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

medicine has the same meaning as in the applied provisions;

midwife means a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession as a midwife (other than as a student);

mixture—see section 33OA(3);

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession as a nurse (other than as a student);

nurse practitioner means a nurse whose registration under the Health Practitioner Regulation National Law is endorsed as being qualified to practise as a nurse practitioner;

owner, in relation to premises, includes the occupier of the premises;

pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

poison means a substance declared by the regulations to be a poison for the purposes of this Act;

possession of a substance or thing includes—

(a)

having control over the disposition of the substance or thing; and

(b)

having joint possession of the substance or thing;

premises means any land, building, structure, vehicle, vessel or aircraft;

prescription drug means a poison declared by the regulations to be a prescription drug for the purposes of this Act;

product of a controlled plant includes—

(a)

a seed of the plant; and

(b)

a part of the plant (whether live or dead); and

(c)

a substance separated from the plant;

registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law;

school zone means the grounds of a primary or secondary school and the area within 500 metres of the boundary of the school;

sell means sell, barter or exchange, offer or agree to sell, barter or exchange or expose for sale, barter or exchange;

senior police officer means a police officer of or above the rank of Inspector;

simple possession offence means an offence against section 33L(1) other than an offence relating to a prescribed controlled drug;

substance means any gaseous, liquid or solid substance and includes a plant or fungus;

supply means provide or distribute or offer to provide or distribute;

traffic in a controlled drug means—

(a)

sell the drug; or

(b)

have possession of the drug intending to sell it; or

(c)

take part in the process of sale of the drug;

trafficable quantity of a controlled drug or controlled plant means—

(a)

in relation to a controlled drug contained in a mixture—

(i)

a quantity of the drug that equals or exceeds the amount prescribed as a trafficable quantity for the drug in its pure form; or

(ii)

a quantity of the mixture that equals or exceeds the amount prescribed as a trafficable quantity for any mixture containing the drug; or

(iii)

a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a trafficable quantity for any mixture containing the drug; or

(b)

in relation to a controlled drug that is not contained in a mixture—

(i)

if the regulations prescribe an amount as a trafficable quantity for the drug in its pure form—a quantity of the drug that equals or exceeds the amount so prescribed; or

(ii)

if the regulations do not prescribe an amount as a trafficable quantity for the drug in its pure form—a quantity of the drug that equals or exceeds the amount prescribed as a trafficable quantity for any mixture containing the drug; or

(c)

in relation to a controlled plant—

(i)

a number of the plant that equals or exceeds the number of plants prescribed as a trafficable quantity for the plant; or

(ii)

a weight of the plant that equals or exceeds the weight prescribed as a trafficable quantity for the plant;

treatment service means a drug treatment service accredited under section 56A;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

vessel means any ship, boat or other water craft;

veterinarian means a person registered as a veterinarian under the Veterinary Services Act 2023;

volatile solvent means a substance declared by the regulations to be a volatile solvent for the purposes of this Act.

(2)

A substance is an analogue of another for the purposes of this Act if—

(a)

they both have substantially similar chemical structures; or

(b)

they both have substantially similar pharmacological effects.

(3)

Subject to the regulations, an analogue of a controlled drug (not being an analogue that is itself declared by regulation to be a drug of dependence or a controlled drug) is by virtue of this subsection a controlled drug.

(4)

For the purposes of this Act, a person takes part in the process of sale, manufacture or cultivation of a controlled drug or controlled plant if the person directs, takes or participates in any step, or causes any step to be taken, in the process of sale, manufacture or cultivation of the drug or plant.

(5)

For the purposes of this Act, a step in the process of sale of a controlled drug includes, without limitation, any of the following when done for the purpose of sale of the drug:

(a)

storing the drug;

(b)

carrying, transporting, loading or unloading the drug;

(c)

packaging the drug, separating the drug into discrete units or otherwise preparing the drug;

(d)

guarding or concealing the drug;

(e)

providing or arranging finance (including finance for the acquisition of the drug);

(f)

providing or allowing the use of premises or jointly occupying premises.

(6)

For the purposes of this Act, a step in the process of manufacture of a controlled drug includes, without limitation, any of the following when done for the purpose of manufacture of the drug:

(a)

acquiring equipment, substances or materials;

(b)

storing equipment, substances or materials;

(c)

carrying, transporting, loading or unloading equipment, substances or materials;

(d)

guarding or concealing equipment, substances or materials;

(e)

providing or arranging finance (including finance for the acquisition of equipment, substances or materials);

(f)

providing or allowing the use of premises or jointly occupying premises.

(7)

For the purposes of this Act, a step in the process of cultivation of a controlled plant includes, without limitation, any of the following when done for the purpose of cultivation of the plant:

(a)

acquiring the plant or equipment, substances or materials;

(b)

storing the plant or equipment, substances or materials;

(c)

carrying, transporting, loading or unloading the plant or equipment, substances or materials;

(d)

guarding or concealing the plant or equipment, substances or materials;

(e)

providing or arranging finance (including finance for the acquisition of the plant or equipment, substances or materials);

(f)

providing or allowing the use of premises or jointly occupying premises.

(7a)

For the purposes of this Act, in determining the maximum penalty for an offence against this Act, an offender is a serious drug offender if the offender has, within 10 years of the commission of the offence, been previously convicted of—

(a)

2 or more offences against Part 5Division 2 (other than Subdivision 4) or Division 3, being offences arising out of separate incidents; or

(b)

3 or more offences against Part 5 (other than sections 33D, 33DA, 33I(2), 33K, 33L, 33LA, 33LAB or 33LB), being offences arising out of separate incidents.

(8)

In subsection (7)—

materials includes seeds, seedlings and cuttings.

Regulations

This provision refers to the regulations (the regulations, declared by the regulations, prescribed by regulation). Made under this Act:

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4 Interpretation