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Controlled Substances Act 1984
Div 3Offences against applied provisions
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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.