Controlled Substances Act 1984

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 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 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 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 7A—Youth treatment orders 54 Interpretation 54A Best interests of child are paramount consideration 54B Orders that may be made under this Part 54C Application for order 54D Making of orders 54E Proceedings in the absence of child 54F Variation or revocation of order 54G Service 54H Effect of order 54I Detention 54J Treatment may continue after 18th birthday 54K Costs of assessment or treatment 54L Special provisions relating to detention of children 54M Legal representation 54N Regulations 54O Reports 54P Review of Part Part 8—Miscellaneous 55 Licences, authorities and permits 56 Permits for research etc 56A Accreditation of drug assessment and treatment services 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:

Part 1—Preliminary 1—Short title This Act may be cited as the Controlled Substances Act 1984. 4—Interpretation (1) In this Act, unless the contrary intention appears— Advisory Council means the Controlled Substances Advisory Council established under Part 2; aggravated offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to an aggravated offence is a reference to the offence in its aggravated form (see section 43); analyst means— (a) a person appointed as an analyst for the purposes of this Act; or (b) a person holding a position of a class approved by the Minister for the purposes of this Act; applied provisions means the Commonwealth therapeutic goods laws that apply as a law of South Australia by virtue of section 11A; artificially enhanced cultivation means— (a) cultivation in a solution comprised wholly or principally of water enriched with nutrients; or (b) cultivation involving the application of an artificial source of light or heat; assessment service means a drug assessment service accredited under section 56A; authorised officer—see section 50(1); basic offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to a basic offence is a reference to the offence in its non‑aggravated form (see section 43); cannabis means a plant, or any part (including the seed) of a plant, of the genus cannabis, but does not include cannabis resin or cannabis oil; cannabis oil means a substance that contains chemicals of any one or more of the following classes; (a) cannabinoids; (b) tetrahydrocannabinols; (c) alkyl homologues of tetrahydrocannabinols, where the amount of soluble material in any quantity of the substance, when dissolved in the solvent known as hexane, constitutes more than 85 per cent of the weight of that quantity of substance; cannabis resin means a substance that contains chemicals of any one or more of the following classes: (a) cannabinoids; (b) tetrahydrocannabinols; (c) alkyl homologues of tetrahydrocannabinols, where the amount of soluble material in any quantity of the substance, when dissolved in the solvent known as hexane, constitutes more than 15 per cent but not more than 85 per cent of the weight of that quantity of substance; child means a person under the age of 18 years and, in relation to the alleged commission of an offence, means a person who was, at the time of the alleged commission of the offence, under that age; commercial quantity of a controlled drug, controlled precursor or controlled plant means— (a) in relation to a controlled drug or controlled precursor contained in a mixture— (i) a quantity of the drug or precursor that equals or exceeds the amount prescribed as a commercial quantity for the drug or precursor (as the case may be) in its pure form; or (ii) a quantity of the mixture that equals or exceeds the amount prescribed as a commercial quantity for any mixture containing the drug or precursor (as the case may be); or (iii) a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a commercial quantity for any mixture containing the drug or precursor (as the case may be); or (b) in relation to a controlled drug or controlled precursor that is not contained in a mixture— (i) if the regulations prescribe an amount as a commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount so prescribed; or (ii) if the regulations do not prescribe an amount as a commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount prescribed as a commercial quantity for any mixture containing the drug or precursor; or (i) a number of the plant that equals or exceeds the number of plants prescribed as a commercial quantity for the plant; or (ii) a weight of the plant that equals or exceeds the weight prescribed as a commercial quantity for the plant; Commonwealth Act means the Therapeutic Goods Act 1989 of the Commonwealth; Commonwealth Minister means the Minister of the Commonwealth responsible for the administration of the Commonwealth therapeutic goods laws; Commonwealth Secretary means the Secretary of the Department of the Commonwealth that is, under the Commonwealth Minister, responsible for the administration of the Commonwealth therapeutic goods laws; Commonwealth therapeutic goods laws means the Commonwealth Act and the regulations, orders and manufacturing principles under that Act; 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; or (c) an interim controlled drug, 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; dentist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist (other than as a student); and (b) in the dentists division of that profession; Department means the department of the Minister to whom the administration of this Act has been committed; discrete dosage unit, in relation to a controlled drug contained in a mixture or a controlled precursor contained in a mixture, means an amount of the mixture which is prepared or apparently prepared for the purpose of being administered as a single dose; drug detection dog means a dog that has completed training of a kind approved by the Commissioner of Police for the purpose of detecting the presence of a controlled drug, controlled precursor or controlled plant; drug of dependence means a poison declared by the regulations to be a drug of dependence; electronic drug detection system means— (a) an electronic device of a kind approved by the Commissioner of Police; or (b) a system, of a kind approved by the Commissioner of Police, that involves the use of an electronic device, for the purpose of detecting the presence of a controlled drug, controlled precursor or controlled plant; general drug detection means— (a) walking or otherwise placing a drug detection dog in the vicinity of a person or property; or (b) using an electronic drug detection system in relation to a person or property in a manner prescribed by regulation, for the purpose of determining whether the dog or system (as the case may be) detects the presence of a controlled drug, controlled precursor or controlled plant (but does not include any other conduct by a person that would constitute a search); interim controlled drug means a substance declared to be an interim controlled drug by a notice under section 12A; large commercial quantity of a controlled drug, controlled precursor or controlled plant means— (a) in relation to a controlled drug or controlled precursor contained in a mixture— (i) a quantity of the drug or precursor that equals or exceeds the amount prescribed as a large commercial quantity for the drug or precursor (as the case may be) in its pure form; or (ii) a quantity of the mixture that equals or exceeds the amount prescribed as a large commercial quantity for any mixture containing the drug or precursor (as the case may be); or (iii) a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a large commercial quantity for any mixture containing the drug or precursor (as the case may be); or (b) in relation to a controlled drug or controlled precursor that is not contained in a mixture— (i) if the regulations prescribe an amount as a large commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount so prescribed; or (ii) if the regulations do not prescribe an amount as a large commercial quantity for the drug or precursor (as the case may be) in its pure form—a quantity of the drug or precursor that equals or exceeds the amount prescribed as a large commercial quantity for any mixture containing the drug or precursor; or (i) a number of the plant that equals or exceeds the number of plants prescribed as a large commercial quantity for the plant; or (ii) a weight of the plant that equals or exceeds the weight prescribed as a large commercial quantity for the plant; 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; medical device has the same meaning as in the applied provisions; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); medicine has the same meaning as in the applied provisions; midwife means a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession as a midwife (other than as a student); mixture—see section 33OA(3); nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession as a nurse (other than as a student); nurse practitioner means a nurse whose registration under the Health Practitioner Regulation National Law is endorsed as being qualified to practise as a nurse practitioner; owner, in relation to premises, includes the occupier of the premises; pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); poison means a substance declared by the regulations to be a poison for the purposes of this Act; 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; premises means any land, building, structure, vehicle, vessel or aircraft; prescription drug means a poison declared by the regulations to be a prescription drug for the purposes of this Act; 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; registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law; school zone means the grounds of a primary or secondary school and the area within 500 metres of the boundary of the school; sell means sell, barter or exchange, offer or agree to sell, barter or exchange or expose for sale, barter or exchange; senior police officer means a police officer of or above the rank of Inspector; simple possession offence means an offence against section 33L(1) other than an offence relating to a prescribed controlled drug; substance means any gaseous, liquid or solid substance and includes a plant or fungus; supply means provide or distribute or offer to provide or distribute; 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 prescribed as a trafficable quantity for any mixture containing the drug; or (iii) a number of discrete dosage units of the mixture that equals or exceeds the number of discrete dosage units prescribed as a trafficable quantity for any mixture containing the drug; or (b) in relation to a controlled drug that is not contained in a mixture— (i) if the regulations prescribe an amount as a trafficable quantity for the drug in its pure form—a quantity of the drug that equals or exceeds the amount so prescribed; or (ii) if the regulations do not prescribe an amount as a trafficable quantity for the drug in its pure form—a quantity of the drug that equals or exceeds the amount prescribed as a trafficable quantity for any mixture containing the drug; or (i) a number of the plant that equals or exceeds the number of plants prescribed as a trafficable quantity for the plant; or (ii) a weight of the plant that equals or exceeds the weight prescribed as a trafficable quantity for the plant; treatment service means a drug treatment service accredited under section 56A; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; vessel means any ship, boat or other water craft; veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Practice Act 2003; volatile solvent means a substance declared by the regulations to be a volatile solvent for the purposes of this Act. (2) A substance is an analogue of another for the purposes of this Act if— (a) they both have substantially similar chemical structures; or (b) they both have substantially similar pharmacological effects. (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); (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); (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); (7a) For the purposes of this Act, in determining the maximum penalty for an offence against this Act, an offender is a serious drug offender if the offender has, within 10 years of the commission of the offence, been previously convicted of— (a) 2 or more offences against Part 5 Division 2 (other than Subdivision 4) or Division 3, being offences arising out of separate incidents; or (b) 3 or more offences against Part 5 (other than sections 33D, 33DA, 33I(2), 33K, 33L, 33LA, 33LAB or 33LB), being offences arising out of separate incidents. (8) In subsection (7)— materials includes seeds, seedlings and cuttings. 5—Application of Act (1) This Act binds the Crown. (2) The provisions of this Act are in addition to, and do not derogate from the obligations imposed by, the provisions of any other Act. (3) The provisions of this Act do not limit or derogate from any civil remedy at law or in equity.

Part 2—Controlled Substances Advisory Council 6—The Controlled Substances Advisory Council (1) The Controlled Substances Advisory Council is established. (2) The Advisory Council consists of 10 members appointed by the Governor, on the nomination of the Minister, of whom— (a) 1 (the presiding member) is an officer or employee of the Department or of another administrative unit of the Public Service, or body incorporated under the Health Care Act 2008, involved in the administration of this Act; and (b) 1 is a medical practitioner; and (c) 1 is a police officer; and (ca) 1 is a legal practitioner who, in the opinion of the Minister, has experience in the administration and operation of this Act; and (d) 2 are persons who, in the opinion of the Minister, have qualifications and extensive experience in the field of chemistry, pharmacy or pharmacology; and (e) 1 is a person who, in the opinion of the Minister, has had extensive experience in the manufacture or sale of substances or devices to which this Act applies; and (f) 2 are persons who, in the opinion of the Minister, have a wide knowledge of the factors and issues involved in controlling the manufacture, sale and supply of substances or devices to which this Act applies; and (g) 1 is, in the opinion of the Minister, a suitable person to represent the interests of the general public. (3) The Governor may appoint a suitable person to be the deputy of a member of the Advisory Council. (4) If a member is for any reason absent or unable to act as a member of the Advisory Council, his or her deputy may act as a member of the Advisory Council. 7—Terms and conditions of office (1) A member of the Advisory Council will be appointed for a term of office, not exceeding 3 years, specified in the instrument of appointment and will, on the expiration of any such term, be eligible for reappointment. (2) The Governor may remove a member of the Advisory Council from office on the ground of— (a) mental or physical incapacity to carry out satisfactorily the duties of office; or (b) neglect of duty; or (c) dishonourable conduct. (3) The office of a member of the Advisory Council becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by giving notice in writing to the Minister; or (d) is removed from office by the Governor pursuant to subsection (2). (4) On the office of a member of the Advisory Council becoming vacant, a person must be appointed to that office in accordance with this Act. 8—Validity of acts of the Advisory Council An act or proceeding of the Advisory Council is not invalid by reason of a vacancy in the membership of the Advisory Council or of a defect in the appointment of a person to the Advisory Council. 9—Allowances and expenses A member of the Advisory Council is entitled to receive such allowances and expenses as the Governor may from time to time determine 10—Conduct of business (1) The presiding member or, in the presiding member's absence, his or her deputy, will preside at any meeting of the Advisory Council. (2) In the absence of both the presiding member and the presiding member's deputy from a meeting of the Advisory Council, the members present may elect one of their number to preside at that meeting. (3) Six members constitute a quorum of the Advisory Council, and no business may be transacted at any meeting of the Advisory Council unless a quorum is present. (4) A decision carried by the votes of a majority of the members present at a meeting is a decision of the Advisory Council. (5) The person presiding at a meeting of the Advisory Council will, in the event of an equality of votes, have a second, or casting, vote. (6) Subject to this Act, the business of the Advisory Council may be conducted in a manner determined by the Advisory Council. 10A—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Advisory Council will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with the manufacture or sale of substances or devices to which the Controlled Substances Act 1984 applies generally, or a substantial section of those engaged in or associated with the manufacture or sale of such substances or devices. 11—Functions of the Advisory Council (1) The functions of the Advisory Council are as follows: (a) to keep under review substances and devices that are subject to this Act or that may, in the opinion of the Advisory Council, need to be brought under this Act and the controls (if any) that are, or should be, applicable to them; and (b) to advise the Minister on the measures that should, in the opinion of the Advisory Council, be taken in relation to imposing, withdrawing or varying controls in respect of any of those substances or devices; and (c) to monitor the administration and operation of this Act; and (d) such other functions as the Minister may assign to the Advisory Council. (2) The Advisory Council may make recommendations to the Minister for— (a) amendments to this Act; or (b) making, varying or revoking regulations under this Act. (3) The Advisory Council must advise the Minister on any matter referred by the Minister to the Advisory Council for advice. (4) The Advisory Council may establish subcommittees for the purpose of giving advice to the Advisory Council in the performance of its functions. (5) A subcommittee will consist of such members of the Advisory Council, and such other persons co-opted by the Advisory Council, as the Advisory Council thinks fit. (6) The Advisory Council must, not later than 31 October in each year, report to the Minister on the administration and operation of this Act during the previous financial year. (7) The Minister must, as soon as practicable after receipt of a report submitted under subsection (6), cause a copy of the report to be laid before each House of Parliament.

Part 2A—Application in South Australia of Commonwealth therapeutic goods laws

Division 1—Applied provisions 11A—Application of Commonwealth therapeutic goods laws (1) The Commonwealth therapeutic goods laws, as in force for the time being and as modified by or under this Part, apply as a law of South Australia. (2) Those Commonwealth therapeutic goods laws so apply as if they extended to— (a) things done or omitted to be done by persons who are not corporations; and (b) things done or omitted to be done in the course of trade and commerce within the limits of South Australia. (3) For the purposes of this section, the Commonwealth therapeutic goods laws are modified as follows: (a) a reference to the Federal Court or the Federal Court of Australia is to be read as a reference to the District Court of South Australia; (b) a reference to the Administrative Appeals Tribunal or the Administrative Review Tribunal is to be read as a reference to the Tribunal; (c) a reference to a prescribed court is to be read as a reference to a prescribed court excluding the Federal Court; (d) any other modifications specified by the regulations. 11B—Interpretation of Commonwealth therapeutic goods laws (1) The Acts Interpretation Act 1901 of the Commonwealth, as in force for the time being— (a) applies to the interpretation of the applied provisions; and (b) so applies as if the applied provisions were an Act of the Commonwealth or regulations or orders under a Commonwealth Act, as the case requires. (2) The Acts Interpretation Act 1915 does not apply to the applied provisions.

Division 2—Functions and powers under applied provisions 11C—Functions and powers of Commonwealth Minister The Commonwealth Minister has the same functions and powers under the applied provisions as that Minister has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth. 11D—Functions and powers of Commonwealth Secretary (1) The Commonwealth Secretary has the same functions and powers under the applied provisions as that Secretary has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth. (2) Without limiting subsection (1), the Commonwealth Secretary has the function of including goods in the Australian Register of Therapeutic Goods kept under the applied provisions and is authorised to cancel the inclusion of goods in that Register in accordance with those provisions. 11E—Commonwealth may retain fees paid to Commonwealth Secretary The Commonwealth may retain fees paid to, or recovered by, the Commonwealth Secretary in respect of the performance or exercise of functions or powers conferred on the Commonwealth Secretary by the applied provisions. 11F—Functions and powers of other persons An authorised person, authorised officer or official analyst appointed under the Commonwealth therapeutic goods laws has the same functions and powers under the applied provisions as that person, officer or analyst has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth. 11G—Delegation by Commonwealth Minister or Commonwealth Secretary Any delegation by the Commonwealth Minister or the Commonwealth Secretary under section 57 of the Commonwealth Act is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions. 11H—Appointments under Commonwealth therapeutic goods laws The appointment of a person to an office or position under a provision of the Commonwealth therapeutic goods laws is taken to extend to, and have effect for the purposes of, the applied provisions.

Division 3—Offences against applied provisions 11I—Application of Commonwealth criminal laws to offences against applied provisions (1) The relevant Commonwealth laws apply as laws of South Australia in relation to any offence committed against the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of South Australia. (2) For the purposes of a law of South Australia, an offence against the applied provisions— (a) is taken to be an offence against the laws of the Commonwealth in the same way as if the applied provisions were a law of the Commonwealth; and (b) is taken not to be an offence against the laws of South Australia. (3) Subsection (2) has effect for the purposes of a law of South Australia except as prescribed by the regulations. 11J—Functions and powers conferred on certain Commonwealth officers and authorities relating to offences (1) A provision of the applied provisions applying because of section 11I that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth therapeutic goods laws also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions. (2) In performing a function, or exercising a power, conferred by subsection (1), the Commonwealth officer or authority must act as nearly as is practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth therapeutic goods laws. 11K—No double jeopardy for offences against applied provisions If— (a) an act or omission is both an offence against the applied provisions and an offence against the Commonwealth therapeutic goods laws; and (b) the offender has been punished for that offence under the Commonwealth therapeutic goods laws, the offender is not liable to be punished for that offence under the applied provisions.

Division 4—Reviews and appeals 11L—Tribunal may sit with assessors (1) For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of persons who have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal on a review or an appeal under the applied provisions. (2) In any proceedings before the Tribunal on a review or an appeal under the applied provisions, the Tribunal may, if the President so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (1). President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.

Part 3—Controlled substances 12—Declaration of poisons, prescription drugs, drugs of dependence, controlled drugs etc (1) The Governor may, by regulation, declare, individually or by class, any substance that in the Governor's opinion has the potential to be harmful to humans to be a poison for the purposes of this Act. (2) The Governor may, by regulation, declare, individually or by class, a poison to be a prescription drug for the purposes of this Act. (3) The Governor may, by regulation, declare, individually or by class, a poison that in the Governor's opinion may lead to dependence in humans to be a drug of dependence for the purposes of this Act. (4) The Governor may, by regulation, declare, individually or by class, any substance that in the Governor's opinion may lead to dependence in humans or is of exceptional danger to humans to be a controlled drug for the purposes of this Act. (4a) The Governor may, by regulation, declare, individually or by class, a substance that in the Governor's opinion may be used in the manufacture of a controlled drug to be a controlled precursor for the purposes of this Act. (4b) The Governor may, by regulation, declare, individually or by class, a plant that in the Governor's opinion has the potential if it, or any product of it, is smoked or consumed by, or administered to, humans to lead to dependence in humans to be a controlled plant for the purposes of this Act. (7) The Governor may, by regulation, declare, individually or by class, any substance that in the Governor's opinion is a volatile solvent, or contains a volatile solvent, to be a volatile solvent for the purposes of this Act. (8) In any regulations made for the purposes of this section, the Governor may assign a poison or drug of dependence to a specified class or specified classes. 12A—Interim controlled drugs (1) The Attorney‑General may, if he or she is of the opinion that a substance may be of exceptional danger to humans, by notice in the Gazette, declare the substance to be an interim controlled drug. (2) A notice under subsection (1)— (a) operates for a period specified in the notice (being a period of not more than 12 months); and (b) may be varied or revoked at any time by the Attorney‑General by further notice in the Gazette; and (c) may refer to a substance by its trade name or in any other manner.

Part 4—General offences 13—Manufacture and packing (1) A person must not manufacture or pack a poison, medicine or medical device to which this section applies unless the person— (a) is a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession; or (2) This section applies to such poisons (other than prescription drugs), medicines or medical devices as may be prescribed, individually or by class, by the regulations. (3) In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant. manufacture— (a) in relation to a substance, means undertake any process by which the substance is extracted, produced, refined, separated into discrete units or otherwise prepared; and (b) in relation to a device, means undertake any process by which the device is produced. 14—Sale by wholesale (1) A person must not sell by wholesale a poison, medicine or medical device to which this section applies unless the person— (a) is a pharmacist acting in the ordinary course of his or her profession; or (2) This section applies to such poisons (other than prescription drugs), medicines or medical devices as may be prescribed, individually or by class, by the regulations. (3) In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant. 15—Sale or supply to end user (1) A person must not sell by retail or supply to a person a poison, medicine or medical device to which this section applies unless the person— (a) is a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession; or (2) This section applies to such poisons (other than prescription drugs), medicines or medical devices as may be prescribed, individually or by class, by the regulations. (3) In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant. 16—Sale of certain poisons (1) A person must not sell a poison to which this section applies to a person under the age of 18 years. (2) A person must not sell a poison to which this section applies— (a) unless the purchaser is known to the vendor; or (b) unless the purchaser produces satisfactory evidence of his or her identity. (3) If a person seeks to purchase a poison to which this section applies, the vendor must ask the prospective purchaser the purpose for which the poison is required, and must not proceed with the sale unless the question is satisfactorily answered. (4) A person who sells poisons to which this section applies must keep prescribed records. (5) This section applies to such poisons as may be prescribed, individually or by class, by the regulations. 17—Sale of poisons the possession of which requires a licence A person must not sell a poison the possession of which requires a licence under this Act unless the purchaser produces his or her licence. 17A—Manufacture, sale, supply or possession of certain precursors (1) A person must not, unless he or she holds a permit from the Minister to do so, manufacture, sell or supply a poison to which this section applies (a section 17A precursor). Maximum penalty: $15 000 or imprisonment for 3 years, or both. (2) A person must not, unless he or she holds a permit from the Minister to do so, be in possession of a section 17A precursor. Maximum penalty: $10 000 or imprisonment for 2 years, or both. (3) A person must not sell a section 17A precursor unless the purchaser produces the permit under which the person is entitled to be in possession of the section 17A precursor. Maximum penalty: $10 000 or imprisonment for 2 years, or both. (4) This section applies to such poisons as may be prescribed, individually or by class, by the regulations. 17B—Storage and sale of certain precursors (1) A person must not sell a poison to which this section applies (a section 17B precursor) to another person unless— (a) the purchaser holds an account with the seller; and (b) the sale is transacted as a sale on account pursuant to a duly completed order form supplied by the purchaser; and (c) the order form is accompanied by a duly completed end user statement in the form prescribed by regulation; and (d) the person collecting the precursor produces his or her driver's licence, passport or other satisfactory evidence of the person's identity that includes a photograph; and (e) the seller is satisfied that the person collecting the precursor is the purchaser or is acting on behalf of the purchaser; and (f) the seller duly completes the seller's section of the end user statement. Maximum penalty: $10 000 or imprisonment for 3 years, or both. (2) A seller of section 17B precursors— (a) must, in relation to each sale of such a precursor, keep a record of— (i) the name and address of the purchaser; and (ii) the name of the precursor and the quantity sold; and (iii) the date of the sale; and (b) must retain an end user statement for at least 5 years after the date of the sale to which it relates; and (c) must make the record referred to in paragraph (a) and the end user statements available for inspection at any time by an authorised officer. Maximum penalty: $10 000 or imprisonment for 3 years, or both. (3) A seller of section 17B precursors must, if at any time he or she forms a suspicion that an order or enquiry for the purchase of such a precursor may be connected to an unlawful use of the precursor, inform the Commissioner of Police of the suspicion. Maximum penalty: $1 000 or imprisonment for 12 months, or both. (4) A seller of section 17B precursors— (a) must keep those precursors in storage that is secure from access by any person other than the seller or a person who is authorised in writing by the seller to have such access; and (b) must retain such a written authorisation while it is current and for at least 5 years after it ceases to have effect and make it available for inspection at any time by an authorised officer; and (c) must cause the stock of those precursors to be checked, after each sale, by some person other than the person who directly handled the sale. Maximum penalty: $1 000 or imprisonment for 12 months, or both. (5) This section does not apply in relation to the sale of a section 17B precursor if the sale— (a) is of a section 17B precursor contained in a preparation designed, packaged and labelled for human or animal therapeutic use; and (b) is made to, or by, a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession. (6) This section applies to such poisons as may be prescribed, individually or by class, by the regulations. 17C—Regulation of sale of certain precursors (1) A person must not sell a poison to which this section applies (a section 17C precursor) to another person unless— (a) the purchaser provides the seller with a duly completed end user statement in the form prescribed by regulation; and (b) the purchaser produces his or her driver's licence, passport or other satisfactory evidence of the person's identity that includes a photograph; and (c) the seller duly completes the seller's section of the end user statement. Maximum penalty: $10 000 or imprisonment for 3 years, or both. (2) A seller of section 17C precursors must, if at any time he or she forms a suspicion that an order or enquiry for the purchase of such a precursor may be connected to an unlawful use of the precursor, inform the Commissioner of Police of the suspicion. Maximum penalty: $1 000 or imprisonment for 12 months, or both. (3) This section does not apply in relation to the sale of a section 17C precursor if the sale— (a) is of a section 17C precursor contained in a preparation designed, packaged and labelled for human or animal therapeutic use; and (b) is made to, or by, a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession. (4) This section applies to such poisons as may be prescribed, individually or by class, by the regulations. 18—Regulation of prescription drugs (1) A person must not prescribe a prescription drug (not being a drug of dependence) except as follows: (a) a registered health practitioner may prescribe a prescription drug (not being a drug of dependence) for a person if he or she is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to prescribe a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to prescribe the drug by the regulations; (b) a veterinary surgeon may prescribe a prescription drug (not being a drug of dependence) for an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; (c) a person may prescribe a prescription drug (not being a drug of dependence) for a person or an animal if licensed to do so by the Minister. (1a) A person must not sell a prescription drug (not being a drug of dependence) by wholesale except as follows: (a) a pharmacist may sell a prescription drug (not being a drug of dependence) by wholesale if the pharmacist is acting in the ordinary course of the pharmacist's profession; (b) a person may sell a prescription drug (not being a drug of dependence) by wholesale if licensed to do so by the Minister. (1b) A person must not sell a prescription drug (not being a drug of dependence) by retail except as follows: (a) a pharmacist may sell a prescription drug (not being a drug of dependence) by retail if the pharmacist— (i) is dispensing the drug on the prescription of a person of a class authorised to prescribe the drug; and (ii) is acting in the ordinary course of the pharmacist's profession; (b) a registered health practitioner may sell a prescription drug (not being a drug of dependence) by retail if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to sell a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to sell the drug by the regulations; (c) a veterinary surgeon may sell a prescription drug (not being a drug of dependence) by retail if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; (d) a person may sell a prescription drug (not being a drug of dependence) by retail if the person is licensed to do so by the Minister. (1c) A person must not supply a prescription drug (not being a drug of dependence) to another person except as follows: (a) a pharmacist may supply a prescription drug (not being a drug of dependence) to a person if the pharmacist— (i) is dispensing the drug on the prescription of a person of a class authorised to prescribe the drug; and (ii) is acting in the ordinary course of the pharmacist's profession; (b) a registered health practitioner may supply a prescription drug (not being a drug of dependence) to a person if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to supply a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to supply the drug by the regulations; (c) a veterinary surgeon may supply a prescription drug (not being a drug of dependence) to a person for an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; (d) a person may supply a prescription drug (not being a drug of dependence) to another person if licensed to do so by the Minister. (1d) A person must not administer a prescription drug (not being a drug of dependence) to another person or an animal except as follows: (a) a registered health practitioner may administer a prescription drug (not being a drug of dependence) to a person if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to administer a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to administer the drug by the regulations; (b) a veterinary surgeon may administer a prescription drug (other than a drug of dependence) to an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; (c) a person may administer a prescription drug (not being a drug of dependence) to another person if— (i) the person is licensed to do so by the Minister; or (ii) the drug has been lawfully prescribed for, or supplied to, that other person; (d) a person may administer a prescription drug (not being a drug of dependence) to an animal if— (i) the person is licensed to do so by the Minister; or (ii) the drug has been lawfully prescribed or supplied for that animal. (1e) A person must not manufacture or pack a prescription drug (not being a drug of dependence) except as follows: (a) a pharmacist may manufacture or pack a prescription drug (not being a drug of dependence) if the pharmacist is acting in the ordinary course of the pharmacist's profession; (b) a registered health practitioner may manufacture or pack a prescription drug (not being a drug of dependence) if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to sell, supply or administer a scheduled medicine or class of scheduled medicines, the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement and the manufacture or packing is incidental to the sale, supply or administration of the drug; or (iii) the practitioner is authorised to manufacture or pack the drug by the regulations; (c) a veterinary surgeon may manufacture or pack a prescription drug (not being a drug of dependence) if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; (d) a person may manufacture or pack a prescription drug (not being a drug of dependence) if licensed to do so by the Minister; (e) a person may manufacture or pack a prescription drug (not being a drug of dependence) if— (i) the drug has been lawfully prescribed for the person, another person or an animal; and (ii) the manufacture or packing is incidental to the administration of the drug as so prescribed. (2) A person must not prescribe a prescribed prescription drug unless the person has the qualifications or meets the requirements specified in the regulations for the purposes of this subsection. (3) A person must not have in his or her possession a prescription drug (not being a drug of dependence) unless he or she— (a) is the person, or is acting on behalf of the person, for whom the drug has been lawfully prescribed or supplied; or (b) is the owner, or is acting on behalf of the owner, of an animal for whom the drug has been lawfully prescribed or supplied; or (c) is a person authorised by law to sell or supply prescription drugs; or (d) is licensed to do so by the Minister; or (e) has other lawful authority or reasonable excuse for doing so. (4) In proceedings for an offence against subsection (1) or (3), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority and, in the case of a complaint for an offence against subsection (3), without reasonable excuse, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant. manufacture, in relation to a substance, means undertake any process by which the substance is extracted, produced, refined, separated into discrete units or otherwise prepared. 18A—Restriction of prescription or supply of drug of dependence in certain circumstances (a1) A person must not prescribe for a person or an animal a drug of dependence except as follows: (a) a registered health practitioner may prescribe a drug of dependence for a person if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner is a registered health practitioner whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to prescribe a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to prescribe the drug by the regulations; (b) a veterinary surgeon may prescribe a drug of dependence for an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession. (1) A registered health practitioner must not prescribe any drug of dependence for, or supply any drug of dependence to— (a) a person for regular use by the person during a period exceeding 2 months, or during a period that, together with any other period for which a drug of dependence has, to the practitioner's knowledge, been prescribed or supplied by a registered health practitioner, would result in drugs of dependence being regularly used by the person during a period exceeding 2 months; or (b) a person who the practitioner knows or has reasonable cause to believe is dependent on drugs, unless the practitioner prescribes or supplies the drug in accordance with an authority granted by the Minister under this section or in circumstances that are exempted from this subsection by the regulations. Maximum penalty: $4 000 or imprisonment for 4 years. (2) For the purposes of this section, a person is dependent on drugs if— (a) the person— (i) has acquired, as a result of the repeated administration of prescription drugs or controlled drugs, an overpowering desire for the continued administration of such drugs; and (ii) is likely to suffer mental or physical distress or disorder on cessation of the administration of such drugs; or (b) the person has a history of consuming or using prescription drugs or controlled drugs in a quantity or manner that— (i) in the case of drugs lawfully supplied to the person—is contrary to the prescribing practitioner's instructions relating to consumption or use of the drug; and (ii) in any case—presents a risk to the person's health. (3) An application for the authority of the Minister to prescribe or supply a drug of dependence under this section must— (a) be made in a manner and form approved by the Minister by the registered health practitioner who proposes to prescribe or supply the drug; and (b) include such information as the Minister may require. (4) The Minister may give an authority to the registered health practitioner by whom any such application is made to prescribe for or supply to the person to whom the application relates a drug of dependence specified in the authority for therapeutic purposes. (5) An authority to prescribe or supply a drug of dependence— (a) will be given in a manner and form determined by the Minister; and (b) will specify— (i) the quantity of the drug of dependence that may be so prescribed or supplied by the registered health practitioner to whom the authority is given; and (ii) the period for which any such drug may be so prescribed or supplied. (6) In the case of an emergency the Minister may issue a registered health practitioner authorised to prescribe a drug of dependence a temporary authority to prescribe or supply a drug of dependence under this section. (7) A temporary authority— (a) may be applied for, and given, orally; and (b) cannot operate in respect of a period longer than 2 months. (8) An authority or temporary authority given under this section— (a) may be subject to such conditions as the Minister thinks fit; and (b) may be varied or revoked by the Minister at any time by notice given to the holder of the authority or temporary authority in a manner and form determined by the Minister. 19—Sale or supply of volatile solvents (1) A person must not sell or supply a volatile solvent to another person if he or she suspects, or there are reasonable grounds for suspecting, that the other person— (a) intends to inhale the solvent; or (b) intends to sell or supply the solvent to a further person for inhalation by that further person. (2) If a person, acting at the request of another person, purchases a volatile solvent on behalf of the other person for the purpose of inhalation, the person is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (3) A person must not sell or supply a volatile solvent to which this subsection applies to a person under the age prescribed for the volatile solvent. (4) Subsection (3) applies to such volatile solvents as may be prescribed, individually or by class, by the regulations. (5) An authorised officer may confiscate a volatile solvent (together with its container) found in the possession of a person if the authorised officer has reason to suspect that the person has the solvent for the purpose of inhalation. (6) Anything confiscated under subsection (5) is forfeited to the Crown and may be sold, destroyed or otherwise disposed of as the Minister or the Commissioner of Police directs. 20—Prohibition of automatic vending machines (1) A person must not— (a) whether on premises of which the person is the owner or in any other place— (i) install an automatic vending machine for the sale or supply of a poison, medicine or medical device; or (ii) sell or supply a poison, medicine or medical device by means of an automatic vending machine; or (b) permit or suffer any such vending machine to be installed or operated on premises of which he or she is the owner. (2) This section does not apply to a poison, medicine or medical device prescribed, or of a class prescribed, by regulation or in circumstances prescribed by regulation. 21—Sale, supply, possession or administration of other potentially harmful substances or devices (1) The Minister may, by notice published in the Gazette, prohibit the sale, supply, possession or administration of— (a) any substance or device specified in the order, being a substance or device that should not, in the Minister's opinion, be sold, supplied, possessed or administered pending evaluation of its harmful properties; and (b) in the case of a substance, any preparation containing that substance. (2) A person must not contravene a notice published under subsection (1). (3) The Minister may, by notice published in the Gazette, vary or revoke a notice published under subsection (1). (4) On publishing a notice under this section, the Minister must refer the subject matter of the notice to the Advisory Council for its consideration. 22—Possession (1) A person must not have in his or her possession a poison to which this section applies unless licensed to do so by the Minister. (2) This section applies to such poisons (other than drugs of dependence) as may be prescribed, individually or by class, by the regulations. 23—Quality (1) A person must not sell by wholesale or by retail or supply a poison, medicine or medical device that does not conform with the regulations. (2) It is a defence for a person charged with an offence against this section to prove that he or she did not know and could not, by the exercise of reasonable diligence, have known that the subject matter of the offence did not conform with the regulations. 24—Packaging and labelling A person must not sell by wholesale or by retail or supply to a person a poison, medicine or medical device unless— (a) it is enclosed in a package or container; and (b) the package or container conforms with the regulations; and (c) the package or container is labelled in accordance with the regulations. 25—Storage A person must not store a poison, medicine or medical device contrary to the regulations. 26—Transport A person must not transport a poison, medicine or medical device contrary to the regulations. 27—Use A person must not— (a) use a poison, medicine or medical device for a purpose or in a manner prohibited by the regulations; or (b) sell, supply, prescribe, or purchase a poison, medicine or medical device for a purpose prohibited by the regulations. 28—Prohibition of advertisement (1) A person must not advertise that a poison, controlled drug, medicine or medical device to which this section applies is available for sale or supply. (2) This section applies to such poisons, controlled drugs, medicines and medical devices as may be prescribed, individually or by class, by the regulations. 29—Regulation of advertisement A person must comply with the regulations in advertising that a poison, medicine or medical device is available for sale or supply. 30—Forgery etc of prescriptions (1) A person must not forge or fraudulently alter or utter a prescription or other document, or have in his or her possession such a prescription or document knowing it to be forged or fraudulently altered, with a view to obtaining a prescription drug. Maximum penalty: $15 000 or imprisonment for 5 years. (2) A person must not knowingly, by false representation, obtain— (a) a prescription drug; or (b) a prescription for a prescription drug. (2a) A person must not, in or in connection with obtaining a prescription drug, give to the person prescribing or supplying the drug a name or address that is false. (3) A pharmacist must retain any prescription or other document that he or she has reasonable cause to believe has been forged or fraudulently altered and must forthwith deliver any such prescription or document to the Commissioner of Police.

Part 4A—Licences to cultivate alkaloid poppies and process poppy straw Division 1—Preliminary 30A—Interpretation In this Part— alkaloid poppy means a plant or any part of a plant whether fresh or dried of— (a) Papaver bracteatum Lindley; or (b) Papaver somniferum L.; alkaloid poppy register means the register established under section 30ZZG; associate has the same meaning given in section 30B; Chief Executive means the Chief Executive of the Department that is, under the Minister, responsible for the administration of the Agricultural and Veterinary Chemicals (South Australia) Act 1994; Commonwealth licence to export means a licence to export narcotic substances which relates to the export of poppy straw under the Customs Act 1901 of the Commonwealth; Commonwealth licence to manufacture means a licence to manufacture narcotic drugs which relates to the manufacturing of opiates from alkaloid poppies under the Narcotic Drugs Act 1967 of the Commonwealth; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety; detention or seizure receipt means a receipt given in accordance with section 30ZC or section 30ZI; disqualified person means— (a) a person who is under the age of 17 years unless the person is an apprentice or trainee within the meaning of the South Australian Skills Act 2008; or (b) a person against whom a finding of guilt in respect of a serious offence was made by a court (whether in or outside South Australia) in the 10 years preceding the date an application is made under this Part; or (c) a person against whom a finding of guilt for an offence under this Act or an offence under a corresponding law of another jurisdiction was made by a court (whether in or outside South Australia) in the 5 years preceding the date an application is made under this Part; or (d) a person who belongs to a prescribed class of persons; employee, in relation to a licensed grower or a licensed processor, includes a person who is— (a) employed under a contract of employment; or (b) employed under a training contract; or (c) engaged under any other contract to perform a specified task authorised under a poppy cultivation licence or a poppy processing licence; employee identification certificate means a certificate issued to an employee by a licensed grower under section 30J or by a licensed processor under section 30T; harvest and destruction order means an order made under section 30ZM(3); inspector means— (a) a person authorised under section 30Z; and (b) an inspector under Part IVB of the Drugs, Poisons and Controlled Substances Act 1981 of Victoria; and (c) a police officer; inspector identification certificate means a certificate issued to an inspector under section 30ZA; licence holder means— (a) a licensed grower; or (b) a licensed processor; licensed grower means the holder of a poppy cultivation licence; licensed processor means the holder of a poppy processing licence; poppy cultivation licence means a licence issued under section 30F(2); poppy processing licence means a licence issued under section 30P(2); poppy straw means the upper parts of an alkaloid poppy, including the stem and capsule, harvested after mowing; process, in relation to poppy straw, means— (a) to prepare or treat poppy straw in any manner other than refinement, concentration, extraction or reaction unless the refinement, concentration, extraction or reaction is for chemical analysis for non‑therapeutic use; or (b) to store poppy straw; risk management plan means a plan that forms part of a poppy cultivation licence or a poppy processing licence; seized material means any alkaloid poppies, poppy straw or material derived from alkaloid poppies or poppy straw seized by an inspector under section 30ZH; serious offence means— (a) an indictable offence involving dishonesty, fraud or assault; or (b) an indictable offence involving possession, or cultivation of, or trafficking in, a drug of dependence; or (c) any other indictable offence under this Act; or (d) an indictable offence under the law of another jurisdiction involving— (i) dishonesty, fraud or assault; or (ii) possession, or cultivation of, or trafficking in, a drug of dependence; specified premises means premises to which a licence under this Part applies; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. 30B—Meaning of associate (1) For the purposes of this Part, a person who is of or above the age of 18 years is an associate of an applicant for a poppy cultivation licence or a poppy processing licence or a licence holder if the person— (a) holds any relevant financial interest, or is entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant or the licence holder (being the business to which the application or licence relates), and by virtue of that interest or power, is able to exercise a significant influence over or with respect to the management or operation of the business; or (b) holds any relevant position (whether in right of the person or on behalf of any other person) in the business of the applicant or the licence holder (being the business to which the application or licence relates); or (c) is a relative of the applicant or the licence holder; or (d) is in a position to exercise control or significant influence over the conduct of the applicant or the licence holder. (2) In subsection (1)— domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; relative means a person who is— (a) a spouse or domestic partner; or (b) a parent; or (c) a step‑parent; or (d) a sibling or step‑sibling; or (e) a child, step‑child or adopted child; relevant financial interest in relation to a business means— (a) any share in the capital of the business; or (b) any entitlement to receive any income derived from the business; relevant position in relation to the business of an applicant or a licence holder means— (a) the position of director, partner, trustee, manager or other executive position or secretary, however that position is designated; and (b) any other person determined by the Chief Executive to be associated or connected with the ownership, administration or management of the operations or business of the applicant; relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in any directorial, managerial or executive decision; or (b) to elect or appoint any person to any relevant position; spouse—a person is the spouse of another if they are legally married. 30C—Matters to be considered—fit and proper person (1) For the purpose of preventing criminal activity in the cultivation of alkaloid poppies and the processing of poppy straw, the Chief Executive must not issue a licence under this Part to an applicant unless the Chief Executive is satisfied that— (a) neither the applicant nor any associate of the applicant has been found guilty in respect of a serious offence (whether in or outside South Australia) during the 10 years preceding the date of making the application under this Part; and (b) the applicant and each associate of the applicant is a suitable person to be concerned in or associated with the cultivation of alkaloid poppies or the processing of poppy straw, as the case requires; and (c) the applicant's property or premises will be suitable for the cultivation of alkaloid poppies or the processing of poppy straw, as the case requires, in relation to location, facilities and proposed security arrangements; and (d) the applicant meets the prescribed requirements (if any). (2) For the purpose of preventing criminal activity in the cultivation of alkaloid poppies and the processing of poppy straw, the Chief Executive must not— (a) renew a poppy cultivation licence of a licensed grower unless the Chief Executive is satisfied that— (i) neither the licensed grower nor any associate of the licensed grower has been found guilty in respect of a serious offence (whether in or outside South Australia) during the 3 years preceding the date of making the application for renewal under this Part; and (ii) the licensed grower and each associate of the licensed grower is a suitable person to be concerned in or associated with the cultivation of alkaloid poppies; and (iii) the licensed grower's property or premises are suitable for the cultivation of alkaloid poppies, in relation to location, facilities and proposed security arrangements; and (iv) the licensed grower meets the prescribed requirements (if any); or (b) renew a poppy processing licence of a licensed processor unless the Chief Executive is satisfied that— (i) neither the licensed processor nor any associate of the licensed processor has been found guilty in respect of a serious offence (whether in or outside South Australia) during the 12 months preceding the date of making the application for renewal under this Part; and (ii) the licensed processor and each associate of the licensed processor is a suitable person to be concerned in or associated with the processing of poppy straw; and (iii) the licensed processor's property or premises are suitable for the processing of poppy straw in relation to location, facilities and proposed security arrangements; and (iv) the licensed processor meets the prescribed requirements (if any). (3) Without limiting subsection (1) or (2), the Chief Executive may consider whether— (a) the applicant, the licensed grower or the licensed processor and each associate of the applicant, the licensed grower or the licensed processor is of good repute, having regard to character, honesty and integrity; and (b) the applicant, the licensed grower or the licensed processor or any associate of the applicant, the licensed grower or the licensed processor has a history of non‑compliance with the Act; and (c) in the case of an application for a licence, the applicant or any associate of the applicant has within the 10 years preceding the date of making the application been found guilty by a court (whether in or outside South Australia) of any offence; and (d) in the case of an application for the renewal of a poppy cultivation licence, the licensed grower or any associate of the licensed grower has within the 3 years preceding the date of making the application for renewal been found guilty by a court (whether in or outside South Australia) of any offence; and (e) in the case of an application for the renewal of a poppy processing licence, the licensed processor or any associate of the licensed processor has within the 12 months preceding the date of making the application for renewal been found guilty by a court (whether in or outside South Australia) of any offence; and (f) in the case of an applicant, a licensed grower or a licensed processor that is not a natural person, the applicant, the licensed grower or the licensed processor has a satisfactory ownership, trust or corporate structure; and (g) the applicant, the licensed grower or the licensed processor is of sound and stable financial background; and (h) the financial circumstances of the applicant, the licensed grower or the licensed processor may significantly limit the person's capacity to meet the person's obligations in conducting activities under the licence in compliance with the terms and conditions applying to the relevant licence. Division 2—Poppy cultivation licence 30D—Application for poppy cultivation licence (1) A person may apply for a poppy cultivation licence which authorises a person for commercial purposes relating to therapeutic use— (a) to cultivate or possess alkaloid poppies; and (b) to sell or supply poppy straw to a licensed processor at premises specified in the licence. (2) A person may apply for a poppy cultivation licence for research purposes relating to non‑therapeutic use— (a) to cultivate or possess alkaloid poppies; and (b) to conduct measurements, analyses and extractions, including extraction of alkaloids from alkaloid poppies for chemical analyses at specified premises; and (c) to supply alkaloid poppies or poppy straw to a licensed processor. (3) An application under subsection (1) or (2) must— (b) be accompanied by a copy of the proposed risk management plan; and (c) be accompanied by the relevant prescribed application fee (if any); and (d) be accompanied by any other prescribed particulars. (4) An application under subsection (1) or (2) must contain or be accompanied by evidence to the satisfaction of the Chief Executive that the applicant is a fit and proper person to be given a licence and— (a) in the case of an application under subsection (1), intends to undertake a bona fide commercial activity relating to the therapeutic use of alkaloid poppies under the licence and includes evidence of the commercial activity to be carried out; or (b) in the case of an application under subsection (2), intends to undertake a research activity relating to the non therapeutic use of alkaloid poppies under the licence and includes evidence that the research activity would be conducted by a person with appropriate scientific training using an appropriate methodology. (5) An application under subsection (1) or (2) must contain any other information about the applicant or the application which the Chief Executive reasonably requires to assist in assessing the application. 30E—Chief Executive must investigate application (1) On receiving an application under section 30D the Chief Executive— (a) must carry out all investigations and inquiries that the Chief Executive considers necessary to determine the application; and (b) may conduct an inspection of the premises that are to be specified in the relevant licence; and (c) may require that an applicant or any associate of the applicant submit to the Chief Executive a recent police record check of the applicant or any associate of the applicant. (2) The Chief Executive must provide a copy of an application made under section 30D and any accompanying documents to the Commissioner of Police. (a) inquire into and report to the Chief Executive on any matters concerning the application that he or she believes are appropriate or reasonably necessary; and (b) inquire into and report to the Chief Executive on any matters concerning the application that the Chief Executive requests; and (c) within 28 days of receiving the application from the Chief Executive, notify the Chief Executive in writing of the Commissioner of Police's decision to support or oppose the issuing of a licence and provide the reasons for the decision. (4) If the Chief Executive is notified under subsection (3)(c) that the Commissioner of Police opposes the issuing of a poppy cultivation licence, the Chief Executive must not issue the licence. 30F—Determining an application (1) After considering an application and any investigation under section 30E, the Chief Executive must determine the application within 60 days of receiving the application. (2) The Chief Executive may issue a poppy cultivation licence to an applicant under section 30D(1) or (2). (3) The Chief Executive may refuse to issue a poppy cultivation licence to an applicant under section 30D(1) or (2). (4) The Chief Executive must— (b) if the Chief Executive refuses an application under subsection (3), provide reasons for the decision. 30G—Terms and conditions of a poppy cultivation licence (1) A poppy cultivation licence is issued for the term, not exceeding 3 years, specified in the licence unless it is sooner suspended or cancelled. (2) A poppy cultivation licence relates only to the specified premises described in it. (3) A poppy cultivation licence is subject to the condition that the licensed grower must only employ persons that are suitable to carry out activities under the licence. (4) A poppy cultivation licence is subject to the condition that a licensed grower must comply with the risk management plan under the licence. (5) A poppy cultivation licence is subject to the prescribed terms, conditions, limitations and restrictions (if any). (6) A poppy cultivation licence is subject to the terms, conditions, limitations and restrictions specified in it including, but not limited to, terms, conditions, limitations and restrictions relating to the following: (a) the species, subspecies or varieties of alkaloid poppy to be cultivated; (b) the specified premises at which activities authorised under the licence may be carried out; (c) the implementation and maintenance of satisfactory security and surveillance measures to restrict access of unauthorised persons to crops and harvested material; (d) the keeping of records and other documents; (e) the provision of information, records or other documents to the Chief Executive relating to— (i) the activities carried out under the licence; or (ii) a change in the position of director, manager, secretary or other executive position, however designated, or the structure of the business to which the licence relates; or (iii) any other matter that the Chief Executive reasonably requires in relation to the licence or the licensed activity; (f) the disposal of harvested material and crop residue; (g) the inspection, sampling, supervision and surveillance of seed of alkaloid poppies, alkaloid poppies and poppy straw by an inspector; (h) the destruction of alkaloid poppies, poppy straw and any material derived from alkaloid poppies. (7) A poppy cultivation licence issued under section 30D(1) is subject to the condition that unless otherwise with the approval of the Chief Executive, the licensed grower whilst carrying out an activity under the licence must have a contract with a licensed processor for the processing of alkaloid poppies cultivated under the licence that is registered in the alkaloid poppy register. 30H—Poppy cultivation licence is not transferable A poppy cultivation licence is not transferable to another person. 30I—Employee of licensed grower authorised to undertake activities under licence (1) For the purposes of this Act, an employee of a licensed grower who holds a poppy cultivation licence for commercial purposes relating to therapeutic use, is authorised to carry out any activity under the licence involving the cultivation or possession of alkaloid poppies or the sale or supply of poppy straw to a licensed processor required of the employee in the course of his or her employment. (2) For the purposes of this Act, an employee of a licensed grower who holds a poppy cultivation licence for research purposes relating to non‑therapeutic use, is authorised to carry out any activity under the licence, including the following, that is required of the employee in the course of his or her employment: (a) to cultivate or possess alkaloid poppies; (b) to conduct measurements, analyses and extractions including extraction of alkaloids from alkaloid poppies for chemical analyses at specified premises; (c) to supply alkaloid poppies or poppy straw to a licensed processor. (3) An employee must only undertake an activity authorised under subsection (1) or (2) in relation to his or her employment. 30J—Employee identification certificate issued by licensed grower (1) The licensed grower must issue an employee identification certificate to each employee employed to carry out activities in the business conducted by a licensed grower under a poppy cultivation licence. (2) The employee identification certificate must contain the following information: (a) the employee's name; (b) a clear photograph of the employee; (c) the employee's date of birth; (d) the expiry date of the employee identification certificate; (e) the poppy cultivation licence under which the employee is authorised to carry out activities required of the employee in the course of his or her employment; (f) the prescribed information (if any). 30K—Application for renewal of licence (1) A licensed grower may apply to the Chief Executive for the renewal of a poppy cultivation licence. (2) A renewal application must be made to the Chief Executive at least 2 months before the poppy cultivation licence is due to expire. (3) A renewal application must— (b) be accompanied by any information relevant to whether or not the licensed grower is a fit and proper person; and (c) be accompanied by the current risk management plan under the poppy cultivation licence; and (d) be accompanied by the relevant prescribed renewal fee (if any); and (e) be accompanied by any other information the Chief Executive reasonably requires to assess the application; and (f) contain any prescribed particulars. (4) A poppy cultivation licence may be renewed more than once. 30L—Chief Executive must investigate renewal application (1) On receipt of a renewal application under section 30K the Chief Executive— (a) must carry out any investigation or inquiry necessary to determine the renewal application; and (b) may conduct an inspection of the specified premises of the poppy cultivation licence; and (c) may require that an applicant or any associate of the applicant submit to the Chief Executive a recent police record check of the applicant or any associate of the applicant. (2) The Chief Executive must provide a copy of a renewal application made under section 30K and any accompanying documents to the Commissioner of Police. (a) inquire into and report to the Chief Executive on any matters concerning the application that the Commissioner of Police believes are appropriate or reasonably necessary; and (b) inquire into and report to the Chief Executive on any matters concerning the renewal application that the Chief Executive requests; and (c) within 28 days of receiving the application from the Chief Executive notify the Chief Executive in writing of the Commissioner of Police's decision to support or oppose the renewal of a licence and provide the reasons for the decision. (4) If the Chief Executive is notified under subsection (3)(c) that the Commissioner of Police opposes the renewal of a poppy cultivation licence, the Chief Executive must not renew the relevant licence. 30M—Determining a renewal application (1) After considering a renewal application and any investigation under section 30L, the Chief Executive must determine the renewal application within 60 days of receiving it. (2) The Chief Executive may renew a poppy cultivation licence for a period not exceeding 3 years. (3) The Chief Executive may refuse to renew a poppy cultivation licence of a licensed grower. (4) A renewed poppy cultivation licence expires on the date specified by the Chief Executive, unless the licence is cancelled or suspended prior to the expiry. (5) The Chief Executive must— (b) if the Chief Executive refuses to renew the poppy cultivation licence under subsection (3), provide reasons for the decision. Division 3—Poppy processing licence 30N—Application for poppy processing licence (1) A person may apply to the Chief Executive for a poppy processing licence which authorises a person for commercial purposes relating to therapeutic use— (a) to receive poppy straw from a licensed grower or from a licensed processor or a person authorised to possess and supply alkaloid poppies in another jurisdiction; and (b) to process and possess poppy straw at premises specified in the licence; and (c) to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to manufacture; and (d) to transport, sell or supply poppy straw if the applicant possesses a Commonwealth licence to export; and (e) to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to export. (2) A person may apply to the Chief Executive for a poppy processing licence which authorises a person for research purposes relating to non‑therapeutic use— (a) to receive or process poppy straw at premises specified in the licence; and (b) to possess, transport, sell or supply poppy straw to a licensed processor. (3) An application under subsection (1) or (2) must— (b) be accompanied by a copy of the proposed risk management plan; and (c) be accompanied by the relevant prescribed application fee (if any); and (d) be accompanied by any other prescribed particulars; and (e) in the case of an application under subsection (1), be accompanied by a copy of a Commonwealth licence to manufacture or a Commonwealth licence to export, as the case requires. (4) An application under subsection (1) or (2) must contain or be accompanied by evidence to the satisfaction of the Chief Executive that the applicant is a fit and proper person to be issued a licence and— (a) in the case of an application under subsection (1), intends to undertake a bona fide commercial activity relating to the therapeutic use of poppy straw including evidence of the commercial activity to be carried out; or (b) in the case of an application under subsection (2), intends to undertake a research activity relating to the non‑therapeutic use of poppy straw under the licence including evidence that the research activity would be conducted by a person with appropriate scientific training using appropriate methodology. (5) An application under subsection (1) or (2) must contain any other information about the applicant or the application which the Chief Executive reasonably requires to assist in assessing the application. 30O—Chief Executive must investigate application (1) On receiving an application under section 30N, the Chief Executive— (a) must carry out all investigations and inquiries that the Chief Executive considers necessary to determine the application; and (b) may conduct an inspection of the premises that are to be specified in the relevant licence; and (c) may require that an applicant or any associate of the applicant submit to the Chief Executive a recent police record check of the applicant or any associate of the applicant. (2) The Chief Executive must provide a copy of an application made under section 30N and any accompanying documents to the Commissioner of Police. (a) inquire into and report to the Chief Executive on any matters concerning the application that the Commissioner of Police believes are appropriate or reasonably necessary; and (b) inquire into and report to the Chief Executive on any matters concerning the application that the Chief Executive requests; and (c) within 28 days of receiving the application from the Chief Executive, notify the Chief Executive in writing of the Commissioner of Police's decision to support or oppose the issuing of a licence and provide the reasons for the decision. (4) If the Chief Executive is notified under subsection (3)(c) that the Commissioner of Police opposes the issuing of a poppy processing licence, the Chief Executive must not issue the licence. 30P—Determining an application (1) After considering an application and any investigation under section 30O, the Chief Executive must determine the application within 60 days of receiving the application. (2) The Chief Executive may issue a poppy processing licence to an applicant under section 30N(1) or (2). (3) The Chief Executive may refuse to issue a poppy processing licence to an applicant under section 30N(1) or (2). (4) The Chief Executive must— (b) if the Chief Executive refuses an application under subsection (3), provide reasons for the decision. 30Q—Terms and conditions of a poppy processing licence (1) A poppy processing licence is issued for the term, not exceeding 12 months, specified in the licence unless it is sooner suspended or cancelled. (2) A poppy processing licence relates only to the premises specified in it. (3) A poppy processing licence must specify the maximum quantity of alkaloid poppies that may be processed by a licensed processor. (4) A poppy processing licence is subject to the condition that a licensed processor must comply with the risk management plan under the licence. (5) A poppy processing licence is subject to the condition that the licensed processor must only employ persons that are suitable to carry out activities under the licence. (6) A poppy processing licence is subject to the prescribed terms, conditions, limitations and restrictions (if any). (7) A poppy processing licence is subject to the terms, conditions, limitations and restrictions that are specified in it including, but not limited to, terms, conditions, limitations and restrictions relating to the following: (a) the specified premises at which the activities authorised by the licence may be carried out; (b) the implementation and maintenance of satisfactory security and surveillance measures to restrict access of unauthorised persons to poppy straw; (c) the keeping of records and other documents; (d) the provision of information, records or other documents to the Chief Executive relating to— (i) the activities carried out under the licence; or (ii) a change in the position of director, manager, secretary or other executive position, however designated, or the structure of the business to which the licence relates; or (iii) any other matter that the Chief Executive reasonably requires in relation to the licence or the licensed activity; (e) the disposal of poppy straw; (f) the inspection, supervision and surveillance of poppy straw by an inspector. (8) A poppy processing licence referred to in section 30N(1) is subject to the condition that the licensed processor must hold a current Commonwealth licence to manufacture or a current Commonwealth licence to export whilst undertaking an activity authorised by the licence. 30R—Poppy processing licence is not transferable A poppy processing licence is not transferable to another person. 30S—Employee of licensed processor authorised to undertake activities under licence (1) For the purposes of this Act, an employee of a licensed processor who holds a poppy processing licence for commercial purposes relating to therapeutic use, is authorised to carry out any of the following activities under the licence that is required of the employee in the course of his or her employment: (a) to receive poppy straw from a licensed grower or a person authorised to possess alkaloid poppies in another jurisdiction; (b) to process and possess poppy straw at specified premises; (c) to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to manufacture; (d) to export poppy straw if the applicant possesses a Commonwealth licence to export. (2) For the purposes of this Act, an employee of a licensed processor who holds a poppy processing licence for research purposes relating to non‑therapeutic use, is authorised to carry out any activity under the licence involving the processing, possession, transportation of poppy straw or the sale or supply of poppy straw to a licensed processor that is required of the employee in the course of his or her employment. (3) An employee must only undertake an activity authorised under subsection (1) or (2) in relation to his or her employment. 30T—Employee identification certificate issued by licensed processor (1) The licensed processor must issue an employee identification certificate to each employee employed to carry out activities in the business conducted by a licensed processor under a poppy processing licence. (2) The employee identification certificate must contain the following information: (a) the employee's name; (b) a clear photograph of the employee; (c) the employee's date of birth; (d) the expiry date of the employee identification certificate; (e) the poppy processing licence under which the employee is authorised to carry out activities required of the employee in the course of his or her employment; (f) the prescribed information (if any). 30U—Application for renewal of licence (1) A licensed processor may apply to the Chief Executive for the renewal of a poppy processing licence. (2) A renewal application must be made to the Chief Executive at least 2 months before the poppy processing licence is due to expire. (3) A renewal application must— (b) be accompanied by any information relevant to whether or not the licensed processor is a fit and proper person; and (c) be accompanied by the current risk management plan under the poppy processing licence; and (d) be accompanied by a copy of the licensed processor's current Commonwealth licence to manufacture or current Commonwealth licence to export; and (e) be accompanied by the relevant prescribed renewal fee (if any); and (f) be accompanied by any other information the Chief Executive reasonably requires to assess the application; and (g) contain any prescribed particulars. (4) A poppy processing licence may be renewed more than once. 30V—Chief Executive must investigate renewal application (1) On receipt of a renewal application under section 30U, the Chief Executive— (a) must carry out any investigation or inquiry necessary to determine the renewal application; and (b) may conduct an inspection of the specified premises of the poppy processing licence; and (c) may require that an applicant or any associate of the applicant submit to the Chief Executive a recent police record check of the applicant or any associate of the applicant. (2) The Chief Executive must provide a copy of a renewal application made under section 30U and any accompanying documents to the Commissioner of Police. (a) inquire into and report to the Chief Executive on any matters concerning the application that the Commissioner of Police believes are appropriate or reasonably necessary; and (b) inquire into and report to the Chief Executive on any matters concerning the renewal application that the Chief Executive requests; and (c) within 28 days of receiving the application from the Chief Executive, notify the Chief Executive in writing of the Commissioner of Police's decision to support or oppose the renewal of a licence and provide the reasons for the decision. (4) If the Chief Executive is notified under subsection (3)(c) that the Commissioner of Police opposes the renewal of a poppy processing licence, the Chief Executive must not renew the licence. 30W—Determining a renewal application (1) After considering a renewal application and any investigation under section 30V, the Chief Executive must determine the renewal application within 60 days of receiving it. (2) The Chief Executive may renew a poppy processing licence for a period not exceeding 12 months. (3) The Chief Executive may refuse to renew a poppy processing licence of a licensed processor. (4) A renewed poppy processing licence expires on the date specified by the Chief Executive unless the licence is cancelled or suspended prior to the expiry. (5) The Chief Executive must— (b) if the Chief Executive refuses to renew the poppy processing licence under subsection (3), provide reasons for the decision. Division 4—General provisions applying to a poppy cultivation licence or poppy processing licence 30X—Amendment of licences (1) The Chief Executive may— (a) amend an existing term, condition, limitation or restriction to which a poppy cultivation licence or poppy processing licence is subject; or (b) impose a new term, condition, limitation or restriction on the poppy cultivation licence or the poppy processing licence. (2) The Chief Executive may exercise a power under subsection (1)— (a) on the application of the licensed grower or the licensed processor; or (b) in the Chief Executive's discretion. (3) The Chief Executive must determine an application made under subsection (2)(a) within 28 days of receiving the application. (4) The Chief Executive must notify the licensed grower or the licensed processor, in writing within 7 business days, if an amendment to a licence is made under subsection (1)(a) or (b). (5) An application by a licensed grower or a licensed processor made under subsection (2)(a) must— (b) be accompanied by the relevant prescribed fee (if any); and (c) be accompanied by any prescribed particulars. 30Y—Suspension or cancellation of licences (1) The Chief Executive, by notice in writing to the licensed grower or the licensed processor, may suspend or cancel the relevant licence if— (a) the licensed grower or the licensed processor requests suspension or cancellation; or (b) the licensed grower or the licensed processor has not complied with the terms, conditions, limitations or restrictions of the licence; or (c) the licensed grower or the licensed processor has failed to comply with this Part or the regulations applying under this Part; or (d) the Chief Executive is satisfied that the licensed grower or the licensed processor or any associate of the licensed grower or the licensed processor is no longer a fit and proper person to be concerned with or associated with, as the case requires— (i) the cultivation of alkaloid poppies; or (ii) the processing of poppy straw; or (e) the Chief Executive is satisfied that the specified premises— (i) of the licensed grower are no longer suitable for the cultivation of alkaloid poppies; or (ii) of the licensed processor are no longer suitable for the processing of poppy straw; or (f) the Chief Executive is satisfied that the licensed grower or the licensed processor obtained the relevant licence by fraud, misrepresentation or concealment of facts; or (g) the Commissioner of Police requests suspension or cancellation on the basis of criminal intelligence concerning the licensed grower or the licensed processor; or (h) the licensed grower or the licensed processor ceases to carry on the research or commercial activity to which the relevant licence relates. (2) If a poppy cultivation licence or a poppy processing licence is suspended or cancelled under subsection (1) the Chief Executive must— (a) notify the Commissioner of Police regarding the suspension or cancellation; and (b) in the case of a poppy cultivation licence, notify a licensed processor who has a registered contract with the licensed grower within 7 business days of the suspension or cancellation taking effect; or (c) in the case of a poppy processing licence, notify the licensed grower who has a contract registered in the alkaloid poppy register with the licensed processor within 7 business days of the suspension or cancellation taking effect. (3) A poppy cultivation licence or a poppy processing licence ceases to have effect on the suspension or cancellation of the licence under this section.

Division 5—Inspection and enforcement 30Z—Inspectors under this Part (1) The Chief Executive, by instrument in writing, may authorise persons to be inspectors for the purposes of all or any specified provisions of this Part. (2) The Chief Executive may determine the terms and conditions of authorisation of any inspector. (3) The terms and conditions of authorisation of an inspector may contain general directions as to how the inspector's powers may be exercised. (4) The Chief Executive, in writing, may vary or revoke the authorisation of an inspector at any time. 30ZA—Identification certificate (1) The Chief Executive must issue an identification certificate to each inspector (other than an inspector who is a police officer) which sets out the provisions of this Part for which the inspector is authorised to be an inspector. (2) In the course of performing his or her functions under this Part, an inspector must produce his or her identification certificate to any person who requests its production. (3) In this Part, a reference to an identification certificate in relation to an inspector who is a police officer is a reference to written evidence of the fact that he or she is a police officer. 30ZB—General powers of inspector (1) For the purposes of determining compliance with this Part or a licence issued under this Part, an inspector, with any assistance he or she thinks necessary, at any reasonable time may do all or any of the following: (a) enter and inspect any place, other than premises used as a residence, occupied by any person who is the licensed grower or the licensed processor; (b) inspect, count, examine or mark for identification any alkaloid poppy or poppy straw in the place; (c) intercept, inspect and examine any vehicle or machine which an inspector reasonably believes is being used for the harvest of alkaloid poppies and transport of poppy straw; (d) require a person to produce any document that the inspector reasonably requires for ascertaining whether this Part or a poppy cultivation licence or a poppy processing licence is being complied with— (i) to examine the document; and (ii) to make copies of it or take extracts from it; and (iii) to remove the document for as long as is reasonably necessary to make copies or take extracts; (e) take or remove for examination samples of or from, or specimens of, soil, any alkaloid poppy or poppy straw or any other plant or crop to determine— (i) whether the alkaloid poppy or poppy straw has been cultivated or processed in accordance with the relevant licence; or (ii) that its possession is in accordance with the relevant licence; (f) submit any sample or specimen taken in accordance with this Part to a laboratory or place approved by the Chief Executive for examination and testing. (2) An inspector must not exercise any powers under this Part if the inspector fails to produce his or her identification certificate for inspection on request by the occupier of the place or the person in charge or apparent control of the place. 30ZC—Procedure on seizing a document, thing or taking a sample (1) Subject to section 30ZI, if an inspector seizes a document or thing or takes a sample of, or from, a thing at the premises occupied by the licensed grower or the licensed processor, the inspector must give a detention or seizure receipt for the document or thing or sample to the licensed grower or the licensed processor from whom it was taken. (2) If an inspector is unable to give a detention or seizure receipt to the relevant licensed grower or licensed processor in respect of a document or thing or sample seized, the inspector must— (a) leave the detention or seizure receipt with, or post it to, the licensed grower or the licensed processor that occupies the premises from which the document or thing or sample was seized; and (b) if a document is seized, leave a copy of the document, if practicable, with, or post it to, the licensed grower or the licensed processor that occupies the premises from which the document was seized. (3) A detention or seizure receipt must— (a) identify the seized document, thing or sample taken; and (b) state the name of the inspector who seized the document, thing or took the sample; and (c) state the reason why the document or thing was seized or the sample was taken. (4) If an inspector proposes to take a sample under section 30ZB(1)(e) the inspector must— (a) divide the sample into 3 parts; and (b) give 1 part to the licensed grower or the licensed processor, as the case requires, and retain 1 part for examination and 1 part untouched for future comparison. 30ZD—Power to use electronic equipment at premises (1) This section applies if— (a) while acting under section 30ZB, an inspector finds a thing at the premises that is or includes a disk, tape or other device for the storage of information; and (b) there is at the premises equipment that may be used with the disk, tape or other storage device; and (c) the inspector believes, on reasonable grounds, that information stored in the disk, tape or other storage device may be relevant to determine whether this Part has been contravened. (2) An inspector may operate or may require the licensed grower or the licensed processor or an employee of the licensed grower or the licensed processor to operate the equipment to access the information. (3) An inspector may require the licensed grower or the licensed processor or an employee of the licensed grower or the licensed processor to provide the inspector with any password, encryption key or other information required to operate the equipment to access the information. 30ZE—Power to copy information on electronic storage devices If an inspector finds that a disk, tape or other storage device at the premises contains information that the inspector believes, on reasonable grounds, stores information that is relevant to determine whether this Part has been complied with, the inspector may— (a) put the information in a documentary form and seize the documents so produced; or (b) copy the information to another disk, tape or other storage device and remove that disk, tape or storage device from the premises. 30ZF—Inspector must not damage equipment An inspector must not operate equipment for a purpose set out in section 30ZD or section 30ZE unless the inspector believes, on reasonable grounds, that the operation can be carried out without damage to the equipment. 30ZG—Inspector may possess alkaloid poppies or poppy straw For the purposes of this Act, an inspector is authorised to have alkaloid poppies or poppy straw in his or her possession in the exercise or performance of any power, function or duty conferred on him or her by this Part or the regulations made under this Part. 30ZH—Inspector has power to detain or seize alkaloid poppies or poppy straw An inspector may detain or seize any alkaloid poppies, poppy straw or material derived from alkaloid poppies or poppy straw and deal with it in accordance with section 30ZI if the inspector believes on reasonable grounds that— (a) in the case of a poppy cultivation licence, the licensed grower has contravened this Part or the poppy cultivation licence; or (b) in the case of a poppy processing licence, the licensed processor has contravened this Part or the poppy processing licence; or (c) the relevant licence has been suspended or cancelled under this Part. 30ZI—Procedure on detaining or seizing alkaloid poppies or poppy straw (1) If an inspector detains or seizes any seized material under section 30ZH, the inspector must immediately— (a) make a written record of the detention or seizure; and (b) give a detention or seizure receipt to the licensed grower or the licensed processor, as the case requires, that— (i) identifies the seized material taken; and (ii) states the name of the inspector who detained or seized the seized material; and (iii) states the reasons for the detention or seizure; and (c) in the case of an inspector who is not a police officer, send a copy of the detention or seizure receipt to the Chief Executive; and (d) in the case of an inspector who is a police officer, send a copy of the detention or seizure receipt to the Commissioner of Police and the Chief Executive. (2) If an inspector detains or seizes any seized material under section 30ZH, the inspector, with any assistance necessary, may take or send the seized material to a place approved by the Chief Executive for it to be examined, tested or stored. (3) This section does not limit or prevent the exercise of any power by a police officer to commence a proceeding in respect of compliance with this Part in relation to any seized material. 30ZJ—Chief Executive has power to dispose or deal with seized alkaloid poppies or poppy straw (1) This section applies if— (a) the Chief Executive is satisfied on reasonable grounds that this Part has been contravened; and (b) the relevant licensed grower or licensed processor has surrendered the seized material to the Chief Executive and agreed that the Chief Executive may deal with the seized material. (2) In dealing with seized material to which this section applies, the Chief Executive may do any of the following: (a) dispose of the seized material; (b) direct the licensed grower or the licensed processor (as the case requires) to dispose of the seized material; (c) harvest and deal with the seized material as appropriate; (d) harvest and destroy the seized material; (e) enter into an agreement with the licensed grower or the licensed processor (as the case requires), or any other person, to deal with the seized material as required in all of the circumstances; (f) anything reasonably necessary to ensure the security of the seized material. 30ZK—Retention and return of seized alkaloid poppies or poppy straw (1) If an inspector seizes any seized material under section 30ZH, subject to section 30ZJ, the Chief Executive with any assistance necessary must— (a) take reasonable steps to release or return the seized material to the licensed grower or the licensed processor from whom it was seized or its lawful owner if the reason for its detention or seizure no longer exists; or (b) retain any seized material that is required for evidence in a legal proceeding in a place approved by the Chief Executive. (2) If the seized material has not been returned to the licensed grower or the licensed processor from whom it was seized or its lawful owner within 3 months after it was seized, the Chief Executive must take reasonable steps to return it to that licensed grower or licensed processor or lawful owner (as the case requires) unless— (a) proceedings for the purpose for which the seized material was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates Court makes an order under section 30ZL extending the period during which the seized material may be retained. 30ZL—Magistrates Court may extend 3 month period (1) The Chief Executive may apply to the Magistrates Court for an extension (not exceeding 3 months) of the period during which the seized material may be retained— (a) within 3 months after the seized material is seized under section 30ZH; or (b) if an extension has been granted under this section, before the end of the period of the extension. (2) The Magistrates Court may make an order extending the period that the seized material is to be retained if satisfied that— (a) the making of the order is in the interests of justice; and (b) the total period of retention does not exceed 12 months; and (c) retention of the seized material is necessary for the purposes of an investigation into whether a contravention of this Part has occurred. (3) At least 7 days prior to the hearing of an application under subsection (1), the Chief Executive must give notice of the application to the licensed grower or the licensed processor, as the case requires, from whom the alkaloid poppies, poppy straw or material derived from alkaloid poppies or poppy straw were seized or its lawful owner described in the application. 30ZM—Forfeiture, harvest and destruction of alkaloid poppies or poppy straw (1) The Chief Executive may apply to the Magistrates Court for a harvest and destruction order if— (a) a licence holder has contravened the Act; and (b) the Chief Executive has cancelled the relevant licence. (2) The Magistrates Court may make an order that the seized material of the licensed grower or the licensed processor, as the case requires, be forfeited to the Crown and be dealt with in accordance with a harvest and destruction order made under subsection (3) if satisfied that— (a) the relevant seized material poses a risk to public health and safety; and (b) in all the circumstances it is appropriate to make a harvest and destruction order in regards to the relevant seized material. (3) The Magistrates Court may make any of the following harvest and destruction orders (as the case requires): (a) an order that the relevant seized material be harvested; (b) an order that the relevant seized material be destroyed; (c) an order that the relevant seized material be harvested and destroyed. (4) The Magistrates Court may— (a) give any direction necessary to enable the Chief Executive to carry out the harvest and destruction order; and (b) authorise the Chief Executive to give any appropriate direction to harvest or destroy the seized material (as the case requires) to which the order relates. 30ZN—Recovery of costs If the Chief Executive incurs any costs in carrying out a harvest and destruction order the Chief Executive may recover those costs in any court of competent jurisdiction as a debt due to the Crown. 30ZO—Inspector may access ratepayer information (1) For the purposes of exercising a power under this Part, an inspector may require a person having custody of any records relating to ratepayers (within the meaning of the Local Government Act 1999) to provide the inspector with— (a) the name and address or other contact details of a ratepayer— (i) who is a licensed grower or a licensed processor; or (ii) who is an applicant for a poppy cultivation licence or a poppy processing licence; or (b) the address or description of any land in respect of which the ratepayer is liable to pay rates and charges under the Local Government Act 1999 if the ratepayer— (i) is a licensed grower or a licensed processor; or (ii) is an applicant for a licence under this Part. (2) An inspector may make a record of any information provided to the inspector under subsection (1). (3) An inspector must not be charged a fee for anything done, or required to be done, by the inspector under this section. 30ZP—Protection against self-incrimination It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that thing would tend to incriminate the person. 30ZQ—Power to issue expiation notices An inspector may give an expiation notice (under the Expiation of Offences Act 1996) to a person who the inspector has reason to believe has committed a prescribed offence. 30ZR—Expiation fee The regulations may prescribe the expiation fees for prescribed offences referred to in section 30ZQ. Division 6—Offences 30ZS—Offence to fail to report the amendment or cancellation of a contract A licensed grower who holds a poppy cultivation licence under section 30D(1) must report to the Chief Executive within 3 business days any amendment to a contract registered in the alkaloid poppy register that does 1 or more of the following: (a) amends the duration of the contract; (b) amends the maximum quantity of alkaloid poppies that may be cultivated under the contract; (c) amends the date the contract expires; (d) cancels the contract. 30ZT—Offence to fail to report amendment or cancellation A licensed processor must inform the Chief Executive within 10 business days if a Commonwealth licence to manufacture or a Commonwealth licence to export required for the current poppy processing licence held by the licensed processor is amended or cancelled. 30ZU—Offence to fail to report on any change of details of the licensed grower or the licensed processor (1) A licensed grower or a licensed processor must report any specified information referred to in subsection (2) in respect of a poppy cultivation licence or a poppy processing licence to the Chief Executive within 7 business days. (2) For the purposes of subsection (1), specified information is— (a) any change to the details of the licensed grower or the licensed processor that appears on the poppy cultivation licence or the poppy processing licence; or (b) any associate other than those provided to the Chief Executive in the application for a poppy cultivation licence or a poppy processing licence; or (c) the signing of a personal insolvency agreement or any declaration of bankruptcy that applies to the licensed grower or the licensed processor; or (d) any offence that the licensed grower or the licensed processor has been found guilty of by a court in South Australia or elsewhere, after the date of the application for the poppy cultivation licence or the poppy processing licence (as the case requires) was sent to the Chief Executive; or (e) any serious offence that an associate of the licensed grower or the licensed processor has been found guilty of by a court in South Australia or elsewhere, after the date of the application for the poppy cultivation licence or the poppy processing licence (as the case requires) was sent to the Chief Executive; or (f) any information that the name of an associate of a licensed grower or a licensed processor provided to the Chief Executive by the licensed grower or the licensed processor, in a successful application under this Part, has been changed; or (g) the entering by a licensed grower or a licensed processor that is not a natural person into voluntary administration, liquidation or receivership. 30ZV—Offence to fail to surrender licence on suspension or cancellation Within 14 days of the suspension or cancellation of a poppy cultivation licence or a poppy processing licence under section 30Y, a person must surrender to the Chief Executive— (a) the relevant licence; and (b) any related document issued to the person. 30ZW—Offence to contravene a licence (1) A licensed grower must not contravene a prescribed minor term, condition, limitation or restriction to which the poppy cultivation licence is subject. (2) A licensed grower must not contravene the terms, conditions, limitations or restrictions to which the poppy cultivation licence is subject which is not a prescribed minor term, condition, limitation or restriction. (3) A licensed processor must not contravene a prescribed minor term, condition, limitation or restriction to which the poppy processing licence is subject. (4) A licensed processor must not contravene the terms, conditions, limitations or restrictions to which the poppy processing licence is subject which is not a prescribed minor term, condition, limitation or restriction. 30ZX—Offence to fail to prohibit access to premises (1) A licensed grower must not permit any other person to enter the area of land where alkaloid poppies are being cultivated unless that other person is— (a) an employee of the licensed grower who is employed to undertake an activity authorised under the poppy cultivation licence; or (b) a licensed processor; or (c) a party to a contract registered in the alkaloid poppy register with the relevant licensed grower or an employee of the relevant licensed processor. (2) A licensed processor must not permit any other person to enter the specified premises unless that other person is an employee of the licensed processor who is employed— (a) to carry out an activity in the business conducted by a licensed processor under the poppy processing licence; or (b) to undertake an activity authorised under the poppy processing licence. (3) A licensed grower must not permit any other person to enter the area of land where alkaloid poppies are being cultivated unless that other person is accompanied at all times— (a) by the licensed grower; or (b) by an employee of the licensed grower who is employed to undertake an activity authorised under the poppy cultivation licence; or (c) by an inspector. (4) A licensed processor must not permit any other person to enter the specified premises unless the other person is accompanied at all times— (a) by the licensed processor; or (b) by an employee of the licensed processor who is employed to undertake an activity authorised under the poppy processing licence; or (c) by an inspector. 30ZY—Offence to fail to carry and produce identification certificate (1) An employee of a licensed grower or a licensed processor who has been issued with an employee identification certificate must carry the certificate with him or her during the performance of any activity authorised under the relevant licence. (2) An employee of a licensed grower or a licensed processor must produce his or her employee identification certificate on the request of an inspector. 30ZZ—Offence to employ disqualified persons under licence (1) A licensed grower must not employ a disqualified person in the business conducted under the poppy cultivation licence. (2) A licensed processor must not employ a disqualified person in the business conducted under the poppy processing licence. 30ZZA—Offence for disqualified person to be employed by licensed grower or licensed processor (1) A disqualified person must not accept employment to carry out activities in the business conducted by a licensed grower under a poppy cultivation licence. (2) A disqualified person must not accept employment to carry out activities in the business conducted by a licensed processor under a poppy processing licence. 30ZZB—Employee must comply with terms and conditions of licence (1) A licensed grower must take reasonable steps to prevent an employee of the licensed grower contravening the terms, conditions, limitations or restrictions of the poppy cultivation licence and the applicable requirements of this Part in carrying out an activity authorised by the licence. (2) A licensed processor must take reasonable steps to prevent an employee of the licensed processor contravening the terms, conditions, limitations or restrictions of the licence and the applicable requirements of this Part in carrying out an activity authorised by the licence. (3) A licensed grower must take reasonable steps to provide each employee of the licensed grower carrying out an activity authorised under the poppy cultivation licence with sufficient and appropriate information, instruction, training and supervision to be able to carry out that activity in accordance with the licence. (4) A licensed processor must take reasonable steps to provide each employee of the licensed processor carrying out an activity authorised under the poppy processing licence with sufficient and appropriate information, instruction, training and supervision to be able to carry out that activity in accordance with the licence. (5) An employee must cooperate with the licensed grower in relation to any direction given, or action taken, by the licensed grower or by any person authorised by the licensed grower, in order to comply with subsection (1) or (3). (6) An employee must cooperate with the licensed processor in relation to any direction given, or action taken, by the licensed processor or by any person authorised by the licensed processor, in order to comply with subsection (2) or (4). 30ZZC—Criminal liability of licensed grower or licensed processor—failure to exercise due diligence (1) If an employee of a licensed grower or a licensed processor commits an offence against this Part, the relevant licensed grower or licensed processor also commits an offence against this Part, if the licensed grower or the licensed processor failed to exercise due diligence to prevent the commission of the offence by the employee. (2) A licensed grower or a licensed processor referred to in subsection (1) is liable to a penalty not exceeding the maximum penalty that applies to the offence against this Part committed by the employee. (3) In determining whether a licensed grower or a licensed processor failed to exercise due diligence, a court may have regard to— (a) whether or not the licensed grower or the licensed processor permitted or authorised the act or omission of the employee in the course of his or her employment that constituted the offence against this Part; and (b) what steps the licensed grower or the licensed processor took, or could reasonably have taken, to prevent the commission of the offence by the employee. (4) Without limiting any other defence available to a licensed grower or a licensed processor, the relevant licensed grower or licensed processor may rely on a defence that would be available to the employee of the licensed grower or the licensed processor if (as the case requires)— (a) the employee were charged with the offence with which the licensed grower or the licensed processor is charged; and (b) in doing so, the licensed grower or the licensed processor bears the same burden of proof that the employee would bear. (5) A licensed grower or a licensed processor may commit an offence against this Part whether or not the employee of the licensed grower or the licensed processor, as the case requires, has been prosecuted for, or found guilty of, an offence against this Part. 30ZZD—Offence to fail to provide an identification certificate for employees (1) A licensed grower must issue to each employee authorised in respect of the poppy cultivation licence an employee identification certificate that contains the information required under section 30J(2). (2) A licensed processor must issue to each employee authorised in respect of the poppy processing licence an employee identification certificate that contains the information required under section 30T(2). 30ZZE—Offence to hinder or obstruct inspector (1) A person must not, without reasonable excuse, hinder or obstruct an inspector in the exercise of a power under this Part. (2) A person must not, without reasonable excuse, fail to comply with any direction, requirement or order of an inspector under this Part. 30ZZF—Offence to remove detained or seized alkaloid poppies or poppy straw A person must not, while a detention or seizure notice remains in effect, remove the whole or any part of an alkaloid poppy, poppy straw or material derived from an alkaloid poppy or poppy straw to which the notice relates, without the authorisation of the Chief Executive or an inspector. Division 7—Alkaloid poppy register 30ZZG—Alkaloid poppy register (1) The Chief Executive must establish and maintain the alkaloid poppy register. (2) The alkaloid poppy register is to contain the following information in respect of each registrable contract: (a) the name of each party to the contract; (b) the location of the specified premises; (c) the date the contract was entered into by the parties; (d) any other relevant information provided by an applicant or licensed grower or licensed processor to an inspector or the Chief Executive; (e) the details of the relevant poppy cultivation licence or poppy processing licence; (f) any relevant information collected or received by an inspector to determine the compliance of a licensed grower or a licensed processor with this Part; (g) any other prescribed information. 30ZZH—Request to register a contract (1) The Chief Executive, if requested to do so by a licensed grower, may register a contract between the licensed grower and a licensed processor in the alkaloid poppy register if the contract— (a) is a valid contract; and (b) includes details of the specified premises and area of land where it is proposed to cultivate alkaloid poppies; and (c) specifies the period of the contract; and (d) includes any other prescribed particulars (if any). (2) If a licensed grower makes a request under subsection (1), the Chief Executive must, within 7 days— (a) register the contract; or (b) refuse to register the contract. (3) On making a decision under subsection (2) the Chief Executive must— (a) notify the licensed grower and the licensed processor who are the parties to the contract of that decision; and (b) provide reasons for the decision if the decision was a refusal under subsection (2)(b). 30ZZI—Access to the alkaloid poppy register restricted (1) The Chief Executive must ensure that the alkaloid poppy register, or any part of the alkaloid poppy register, is only accessed by a prescribed person, or class of prescribed person, who is authorised to do so by the Chief Executive. (2) The Chief Executive must ensure that personal information in the alkaloid poppy register is only disclosed in accordance with this Act. 30ZZJ—Person with access to alkaloid poppy register not to disclose personal information from it (1) Unless a disclosure is authorised under this section, a person authorised to have access to the alkaloid poppy register or any part of the alkaloid poppy register must not disclose to any person the following information in the alkaloid poppy register: (a) any personal information; (b) the location of specified premises; (c) commercial in confidence information. (2) The Chief Executive or a person authorised to have access to the alkaloid poppy register or any part of the alkaloid poppy register may disclose personal information in the alkaloid poppy register to a Department or public statutory authority— (a) for the purpose of law enforcement; or (b) as required by or under any Act or law; or (c) if the Chief Executive or a person authorised to have access to the alkaloid poppy register believes on reasonable grounds that to do so is necessary to enable the proper administration of the Act. 30ZZK—Delegation (1) The Chief Executive may, by instrument in writing, delegate a power or function under this Part— (a) to a particular person; or (b) to the person for the time being performing particular duties or holding or acting in a specified position. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) may be absolute or conditional; and (b) does not derogate from the power of the delegator to act personally in a matter; and (c) is revocable at will. Division 8—Review 30ZZL—Review by Tribunal (1) A person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Chief Executive— (a) to refuse to issue a poppy cultivation licence or a poppy processing licence to that person; or (b) to refuse to renew a poppy cultivation licence or a poppy processing licence held by that person; or (c) to refuse to register a contract between a licensed grower and a licensed processor in the alkaloid poppy register; or (d) to suspend, cancel or amend a poppy cultivation licence or a poppy processing licence held by that person. (2) Subject to subsection (3), an application for review must be made within 1 month of the making of the relevant decision of the Chief Executive. (3) If the reasons of the Chief Executive are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Chief Executive to state the reasons in writing, the time for commencing proceedings before the Tribunal runs from the time at which the person receives the written statement of those reasons. Division 9—Miscellaneous 30ZZM—Criminal intelligence (1) Information that is classified by the Commissioner of Police as criminal intelligence for the purposes of this Part may not be disclosed to any person other than the Chief Executive, the Minister, the Tribunal, a court or a person to whom the Commissioner of Police authorises its disclosure. (2) If the Commissioner of Police— (a) opposes the issuing or renewal of a poppy cultivation licence or a poppy processing licence; or (b) requests the suspension or cancellation of a poppy cultivation licence or a poppy processing licence, on the basis of information that is classified by the Commissioner of Police as criminal intelligence, the Chief Executive is not (despite any other provision of this Part) required to provide any grounds or reasons for a decision to refuse to issue or renew the licence or to suspend or cancel the licence (as the case may be) other than that the decision was made in the public interest. (3) In any proceedings under this Part, the Tribunal or a court— (a) must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of or relating to information so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent. (4) The Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Part except to a Deputy Commissioner or Assistant Commissioner of Police. 30ZZN—Regulations (1) Without limiting section 63, the Governor may make regulations for or with respect to the following: (a) the cultivation of alkaloid poppies; (b) the processing of poppy straw; (c) classes of persons that are disqualified persons; (d) prescribing fees or levies to recover any compliance or administrative costs; (e) prescribing terms, conditions, limitations and restrictions to which licences issued under this Part will be subject; (f) particulars to be included in any application for the issue, renewal or amendment of a poppy cultivation licence or a poppy processing licence; (g) restricting, limiting or prohibiting premises, vehicles or machines used or intended to be used in connection with the cultivation and destruction of alkaloid poppies or the processing or destruction of poppy straw; (h) limiting or prohibiting transport of poppy straw, including in relation to specific geographical areas or regions in South Australia; (i) the distance required to separate alkaloid poppies and poppy straw at a specified premises from any other place; (j) matters to be considered by the Chief Executive in relation to the suitability of specified premises for the cultivation of alkaloid poppies or processing of poppy straw; (k) fencing of specified premises and standard of fencing required to separate alkaloid poppies and poppy straw from a public place or any other premises; (l) requirements of signage at specified premises and information to be displayed at a specified premises, or on equipment or vehicles used for or in connection with the growing or harvesting of alkaloid poppies or the processing of poppy straw; (m) the manner in which searches, detentions and seizures under this Part are to be carried out; (n) records to be kept in relation to alkaloid poppy cultivation or poppy straw processing; (o) prescribing a penalty of not more than $15 000 for any contravention of or failure to comply with the regulations made under this Part. (2) Regulations made for the purposes of this Part may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstances; (c) apply to different classes of person and licences; (d) provide for different fees for different activities or classes of activity or different cases or classes of cases; (e) provide for waiver or reduction of fees; (f) in the case of applications for the issue or renewal of licences, specify fees that reflect the cost of administration of, and the provision of, inspection services in connection with this Part; (g) confer powers or discretions or impose duties on the Chief Executive or an inspector; (h) exempt specified persons or things or classes of person or classes of thing from complying with all or any of the regulations— (i) whether unconditionally or on specified conditions; and (ii) either wholly or to such an extent as is specified; and (iii) leave any matter to be required to be undertaken in a manner approved by the Chief Executive.

Part 5—Offences relating to controlled drugs, precursors and plants Division 1—Preliminary 31—Application of Part (1) This Part does not apply to— (a) the manufacture, sale or supply of a poison, or the sale or supply of equipment for use in connection with the consumption or administration of a poison, by a pharmacist if the pharmacist is acting in the ordinary course of the pharmacist's profession; or (ab) the sale by retail of a poison, or of equipment for use in connection with the consumption or administration of a poison, by a registered health practitioner if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to sell a scheduled medicine or class of scheduled medicines and the poison is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to sell the poison by the regulations; or (ac) the supply of a poison, or of equipment for use in connection with the consumption or administration of a poison, by a registered health practitioner if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to supply a scheduled medicine or class of scheduled medicines and the poison is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to supply the poison by the regulations; or (ad) the administration of a poison by a registered health practitioner if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to administer a scheduled medicine or class of scheduled medicines and the poison is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to administer the poison by the regulations; or (ae) the manufacture, sale, supply or administration of a poison, or the sale or supply of equipment for use in connection with the consumption or administration of a poison, by a veterinary surgeon if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; or (af) the possession of a poison or equipment if that possession is incidental to an activity described in a preceding paragraph; or (ag) the cultivation or sale of a plant, the manufacture, sale, supply, administration or possession of a substance or the sale, supply or possession of equipment by a person who is acting in accordance with a licence or permit issued under this Act; or (ah) the cultivation, processing, possession, sale or supply of a plant, or the sale, supply or possession of a substance by a person who is acting in accordance with the Industrial Hemp Act 2017; or (ai) the possession of industrial hemp that is cultivated or supplied pursuant to a licence under the Industrial Hemp Act 2017; or (b) the possession of a relevant controlled drug, or of equipment for use in connection with the consumption or administration of a relevant controlled drug, by— (i) a person— (A) for whom the drug has been lawfully prescribed; or (B) to whom the drug has been lawfully supplied for the purpose of consumption or administration by the person; or (ii) a person— (A) being the owner of an animal for whom the drug has been lawfully prescribed; or (B) to whom the drug has been lawfully supplied for the purpose of consumption by or administration to an animal owned by the person; or (iii) a person acting on behalf of a person referred to in subparagraph (i) or (ii); or (c) the administration or supply, or the giving of permission for the administration or supply, of a relevant controlled drug to a person— (i) for whom the drug has been lawfully prescribed; or (ii) to whom the drug has been lawfully supplied for the purpose of consumption or administration by the person; or (d) the consumption or administration of a relevant controlled drug by a person— (i) for whom the drug has been lawfully prescribed; or (ii) to whom the drug has been lawfully supplied for the purpose of consumption or administration by the person. (2) In proceedings for an offence against this Part, subsection (1) is to be treated as providing exceptions, and no proof will be required in relation to any exception by the prosecution but the application of an exception will be a matter for proof by the defendant. industrial hemp has the same meaning as in the Industrial Hemp Act 2017; relevant controlled drug means a controlled drug other than a controlled drug of a kind excluded from this definition by regulation. Division 2—Commercial offences