South Australian Consolidated Acts

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.    District Court may sit with assessors

   PART 3--Controlled substances

   12.     Declaration of poisons, prescription drugs, drugs of dependence, controlled drugs etc

   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 5--Offences relating to controlled drugs, precursors and plants

           Division 1--Preliminary

   31.     Application of Part

           Division 2--Commercial offences

              Subdivision 1--Trafficking in controlled drugs

   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 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

           Division 6--Procedure in relation to simple possession offences

   34.     Application of this 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

   44.     Matters to be considered when court fixes penalty
   45A.    Expiation of simple cannabis offences

   PART 7--Search, seizure, forfeiture and analysis

   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
           Legislative history