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

• 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
• 35 Accreditation of drug assessment and treatment services
• 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 8--Miscellaneous

• 55 Licences, authorities and permits
• 56 Permits for research etc
• 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: