South Australian Numbered Acts South Australian Numbered Acts4—Amendment of s 267A—Definitions
(1) Section
267A—before the definition of
"consciousness" insert:
"alleged offence" means the offence with which the defendant is charged but
also extends to any other offence of which the defendant could be found guilty
on the charge;
(2) Section
267A—after the definition of "consciousness" insert:
"consumption" of a drug includes—
(a)
injection of the drug (either by the person to whom the drug is administered
or someone else); and
(b)
inhalation of the drug; and
(c) any
other means of introducing the drug into the body;
"drug" means alcohol or any other substance that is capable (either alone or
in combination with other substances) of influencing mental functioning;
"medical practitioner" means a registered medical practitioner or registered
dentist;
(3) Section
267A—after the definition of "objective element insert:
"recreational use" of a drug—consumption of a drug is to be regarded as
recreational use of the drug unless—
(a) the
drug is administered against the will, or without the knowledge, of the person
who consumes it; or
(b) the
consumption occurs accidentally; or
(c) the
person who consumes the drug does so under duress, or as a result of fraud or
reasonable mistake; or
(d) the
consumption is therapeutic;
"self-induced"—see subsections (2) and (3);
"serious harm" means—
(a)
serious mental or physical harm; or
(b) loss
of, or damage to property, where the amount or value of the loss or damage
exceeds $10 000;
(4) Section
267A—after the definition of "subjective element insert:
"therapeutic"—the consumption of a drug is to be regarded as therapeutic
if—
(a) the
drug is prescribed by, and consumed in accordance with the directions of, a
medical practitioner; or
(b) the
drug—
(i)
is a drug of a kind available, without prescription, from
registered pharmacists; and
(ii)
is consumed for a purpose recommended by the manufacturer
and in accordance with the manufacturer's instructions.
(5) Section
267A—after its present contents as amended by this section (now to be
designated as subsection (1)) insert:
(2) Intoxication
resulting from the recreational use of a drug is to be regarded as
self-induced.
(3) If a person
becomes intoxicated as a result of the combined effect of the therapeutic
consumption of a drug and the recreational use of the same or another drug,
the intoxication is to be regarded as self-induced even though in part
attributable to therapeutic consumption.