South Australia Mutual Recognition (South Australia) (Temporary Exemptions) Regulations 1999 under the Mutual Recognition (South Australia) Act 1993 Contents 1 Short title 3 Interpretation 4 Temporary exemptions--goods (banned electrical products or gas appliances) 5 Temporary exemptions--tobacco products 6 Temporary exemptions--drug paraphernalia 7 Temporary exemptions--Plastic Shopping Bags (Waste Avoidance) Act 2008 8 Temporary exemptions--energy inefficient air conditioners 9 Temporary exemptions--synthetic cannabis products Legislative history 1--Short title These regulations may be cited as the Mutual Recognition (South Australia) (Temporary Exemptions) Regulations 1999. 3--Interpretation In these regulations, unless the contrary intention appears-- the Act means the Mutual Recognition (South Australia) Act 1993. 4--Temporary exemptions--goods (banned electrical products or gas appliances) (1) For the purposes of section 5 of the Act and section 15 of the Commonwealth Act-- (a) an electrical product the sale of which is prohibited by public notice given at any time under the Electrical Products Act 1988 (or any Act enacted in substitution for that Act) on the ground that the product is or is likely to become unsafe in use is declared to be goods to which section 15 of the Commonwealth Act applies; (b) a gas appliance the sale of which is prohibited by public notice given at any time under the Gas Act 1997 (or any Act enacted in substitution for that Act) on the ground that the appliance is or is likely to become unsafe in use is declared to be goods to which section 15 of the Commonwealth Act applies. (2) The exemption from the Commonwealth Act of an electrical product or a gas appliance pursuant to subregulation (1) has effect for a period beginning on the day on which the notice imposing the prohibition is published and ending-- (a) 12 months later; or (b) on the revocation of the prohibition, whichever occurs first. 5--Temporary exemptions--tobacco products (1) For the purposes of section 5 of the Act and section 15 of the Commonwealth Act, tobacco products (within the meaning of the Tobacco Products Regulation Act 1997) are declared to be goods to which section 15 of the Commonwealth Act applies. (2) For the purposes of section 5 of the Act and section 15 of the Commonwealth Act, the Tobacco Products Regulation Act 1997 and the Tobacco Products Regulations 2004 are declared to be laws to which section 15 of the Commonwealth Act applies. (3) The exemptions from the Commonwealth Act under this section have effect until 10 November 2007. 6--Temporary exemptions--drug paraphernalia (1) For the purposes of section 5 of the Act and section 15 of the Commonwealth Act, prohibited items (within the meaning of section 9B of the Summary Offences Act 1953) are declared to be goods to which section 15 of the Commonwealth Act applies. (2) For the purposes of section 5 of the Act and section 15 of the Commonwealth Act, section 9B of the Summary Offences Act 1953 is declared to be a law to which section 15 of the Commonwealth Act applies. (3) The exemptions from the Commonwealth Act under this regulation have effect for a period of 12 months following the commencement of this regulation. 7--Temporary exemptions--Plastic Shopping Bags (Waste Avoidance) Act 2008 (1) For the purposes of section 5 of the Act and section 15 of the Commonwealth Act, the Plastic Shopping Bags (Waste Avoidance) Act 2008 is declared to be a law to which section 15 of the Commonwealth Act applies. (2) The exemption from the Commonwealth Act under this regulation has effect for a period of 12 months following the commencement of this regulation. 8--Temporary exemptions--energy inefficient air conditioners (1) For the purposes of section 5 of the Act and section 15 of the Commonwealth Act, energy inefficient air conditioners are declared to be goods to which section 15 of the Commonwealth Act applies. (2) The exemption from the Commonwealth Act under this regulation has effect for a period of 12 months commencing on 1 July 2010. (3) In this regulation-- air conditioner means an electrical product of the class defined by proclamation under section 5 of the Electrical Products Act 2000 as air conditioner--packaged or air conditioner--refrigerative; energy inefficient air conditioner means an air conditioner that does not comply with the applicable energy performance standard under the Electrical Products Act 2000 (namely, AS/NZS 3823.2:2009 as in force as at 1 January 2010 with the modifications specified in clause 5(3) of the Electrical Products (Part 2 Declarations) Proclamation 2004). 9--Temporary exemptions--synthetic cannabis products (1) For the purposes of section 5 of the Act and section 15 of the Commonwealth Act, synthetic cannabis products are declared to be goods to which section 15 of the Commonwealth Act applies. (2) For the purposes of section 5 of the Act and section 15 of the Commonwealth Act, Part 5 of the Controlled Substances Act 1984 is declared to be a law to which section 15 of the Commonwealth Act applies. (3) The exemptions from the Commonwealth Act under this regulation have effect for a period of 12 months following the commencement of this regulation. (4) In this regulation-- synthetic cannabis products means the following substances and any preparations containing 1 or more of the following substances: (a) 1-butyl-3-(1-naphthoyl)indole (JWH-073); (b) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (RCS-8); (c) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); (d) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol); (e) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); (f) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201); (g) 1-hexyl-3-(1-naphthoyl)indole (JWH-019); (h) 9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetra hydrobenzo[c]chromen-1-ol (HU-210); (i) 4-methoxyphenyl(1butyl-1H-indol-3-yl)-methanone (RCS-4 (C4)); (j) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); (k) 1-pentyl-3-(1-naphthoyl)indole (JWH-018); (l) 1-pentyl-3-[1-(4-methoxynaphthoyl)indole (JWH-081); (m) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); (n) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); (o) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398); (p) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (RCS-4); (q) Pravadoline (WIN 48098). Legislative history Notes o Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. o Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. o For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations and variations New entries appear in bold. Year No Reference Commencement 1999 187 Gazette 23.9.1999 p1236 23.9.1999: r 2 2006 250 Gazette 9.11.2006 p3972 10.11.2006: r 2 2008 158 Gazette 5.6.2008 p2230 8.6.2008: r 2 2009 45 Gazette 30.4.2009 p1553 4.5.2009: r 2 2009 298 Gazette 16.12.2009 p6300 16.12.2009: r 2 2011 165 Gazette 23.6.2011 p2724 23.6.2011: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 10.11.2006 r 5 inserted by 250/2006 r 4 10.11.2006 r 6 inserted by 158/2008 r 4 8.6.2008 r 7 inserted by 45/2009 r 4 4.5.2009 r 8 inserted by 298/2009 r 4 16.12.2009 r 9 inserted by 165/2011 r 4 23.6.2011 Historical versions 10.11.2006 8.6.2008 4.5.2009 16.12.2009