South Australian Numbered Acts South Australian Numbered Acts4—Amendment of section 4—Interpretation
(1)
Section 4(1)—after the definition of "child" insert:
"commercial quantity" of a controlled drug, controlled precursor 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 commercial quantity for the drug in its pure form; or
(ii)
a quantity of the mixture that equals or exceeds the
amount (if any) prescribed as a commercial quantity for any mixture containing
the drug; or
(b) in
any other case—a quantity of the drug, precursor or plant that equals or
exceeds the amount prescribed as a commercial quantity for the drug, precursor
or plant (as the case may be) in its pure form;
"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,
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;
(2) Section 4(1),
definition of "dentist"—delete " Dentists Act 1984 " and
substitute:
(3)
Section 4(1)—after the definition of "the Health Commission insert:
"large commercial quantity" of a controlled drug, controlled precursor 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 large commercial quantity for the drug in its pure form; or
(ii)
a quantity of the mixture that equals or exceeds the
amount (if any) prescribed as a large commercial quantity for any mixture
containing the drug; or
(b) in
any other case—a quantity of the drug, precursor or plant that equals or
exceeds the amount prescribed as a large commercial quantity for the drug,
precursor or plant (as the case may be) in its pure form;
"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;
(4) Section 4(1),
definition of "nurse"—delete " 1984 " and substitute:
1999
(5) Section 4(1),
definition of "possession"—delete the definition and substitute:
"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;
(6) Section 4(1),
definition of "produce"—delete the definition and substitute:
"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;
(7) Section 4(1),
definition of "prohibited substance —delete the definition
(8) Section 4(1),
definition of "sell"—delete the definition and substitute:
"sell" means sell, barter or exchange, offer or agree to sell, barter or
exchange or expose for sale, barter or exchange;
(9) Section 4(1),
definition of "simple possession offence —delete the definition and
substitute:
"simple possession offence" means an offence against section 33L(1) other than
an offence relating to a prescribed controlled drug;
(10) Section 4(1),
definition of "supply"—delete the definition and substitute:
"supply" means provide or distribute or offer to provide or distribute;
(11)
Section 4(1)—after the definition of "therapeutic substance insert:
"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 (if any) prescribed as a trafficable quantity for any mixture
containing the drug; or
(b) in
any other case—a quantity of the drug or plant that equals or exceeds
the amount prescribed as a trafficable quantity for the drug or plant (as the
case may be) in its pure form;
(12)
Section 4(3)—delete subsection (3) and substitute:
(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.
(8) In
subsection (7)—
"materials" includes seeds, seedlings and cuttings.