Part 8Miscellaneous

Part 8—Miscellaneous 55—Licences, authorities and permits (1) The Minister may, in the Minister's absolute discretion, grant or refuse a licence, authority or permit for the purposes of this Act. (2) The Minister may grant a licence, authority or permit subject to such conditions as the Minister thinks fit and specifies in the licence, authority or permit and may at any time, by notice in writing given personally or by post to the holder, vary or revoke a condition, or attach a further condition, to the licence, authority or permit. (2a) If a person who holds a licence, authority or permit contravenes or fails to comply with a condition of that licence, authority or permit, the holder is guilty of an offence. (2b) The Minister may fix fees payable in respect of a licence, authority or permit (including application fees, fees for grant and renewal and periodic fees) and may waive or reduce a fee payable if the Minister considers it appropriate to do so. (3) On the expiry of the term of a licence granted under this Act, the Minister must, if application for renewal has been made in the due manner and the appropriate fee paid, renew the licence for a further term. (4) The Minister may, by notice in writing given in accordance with subsection (4a) to the holder of a licence, authority or permit granted under this Act, suspend or revoke the licence, authority or permit if— (a) the holder obtained it improperly; or (b) the holder is found guilty of an offence against this Act; or (c) the holder has, in the opinion of the Minister, contravened or failed to comply with a condition of the licence, authority or permit; or (d) the holder consents to the suspension or revocation (as the case requires); or (e) the holder has ceased to carry on the activity in respect of which the licence, authority or permit was granted, or the licence, authority or permit is otherwise not required; or (f) the Minister is satisfied, in such manner as the Minister may determine, that the holder is not a fit and proper person to be the holder of a licence, authority or permit (as the case requires). Note— Nothing in subsection (4) limits the application of section 40 of the Legislation Interpretation Act 2021 in relation to a licence, authority or permit. (4a) A notice to be given to a person under subsection (4) may be— (a) given to the person personally; or (b) posted in an envelope addressed to the person's last known place of residence or business; or (c) transmitted by email to the person's email address (in which case the notice will be taken to have been given at the time of transmission); or (d) transmitted by fax to the person's fax number (in which case the notice will be taken to have been served at the time of transmission); or (e) left for the person at the person's place of residence or business with someone apparently over the age of 16 years. (5) If the Minister makes a decision under subsection (4)(c) to suspend or revoke a person's licence, authority or permit, the person may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. (6) Subject to subsection (8), an application for a review must be made within 1 month of the suspension or revocation. (7) The Minister must, if required by the person applying for a review, state in writing the reasons for the suspension or revocation. (8) If the reasons of the Minister are not given in writing at the time of making the decision that is to be the subject of a review and the person seeking the review, within 1 month of the making of the decision, requires the Minister's reasons in writing, the time for applying for a review runs from the time when the person receives the written statement of those reasons. (9) This section does not apply in relation to a licence under Part 4A. 56—Permits for research etc (1) The Minister may issue a permit authorising, subject to such conditions as may be specified in the permit, the person named in the permit to manufacture, cultivate, sell, supply, administer or have in his or her possession a substance or medical device for the purposes of analysis, research, instruction or training. (2) Despite any other provision of this Act, the holder of a permit issued under this section is not guilty of an offence against this Act in respect of anything done pursuant to and in accordance with the permit. 56A—Accreditation of drug assessment and treatment services (1) The Minister may, by instrument in writing, accredit such suitably qualified persons or bodies as drug assessment services or drug treatment services as are necessary for the purposes of Part 5 Division 6 and Part 7A. (2) Without limiting subsection (1), the Minister may establish panels of persons with a view to the accreditation of such a panel as a drug assessment service under that subsection. (3) The Minister may, in an instrument of accreditation, impose conditions on the accreditation. (4) The Minister may, by notice in writing to an accredited drug assessment service or drug treatment service— (a) vary or revoke any of the conditions imposed on the accreditation or impose further conditions; or (b) revoke the accreditation. 57—Power of Minister to prohibit certain activities (1) If a person— (a) has been convicted of an offence against this Act; or (b) has, in the opinion of the Minister, contravened or failed to comply with a condition of a licence, authority or permit granted under this Act; or (c) has, in the opinion of the Minister, prescribed, sold, supplied or administered a prescription drug in an irresponsible manner, the Minister may, by order, prohibit the person from manufacturing, producing, packaging, selling, supplying, prescribing, administering, using or having possession of any substance or device specified in the order. (2) The Minister may, by subsequent order, revoke an order under subsection (1). (3) The Minister must publish an order made under subsection (1) or (2) in the Gazette and must cause a copy of the order to be served on the person to whom it applies— (a) personally; or (b) by post to the person's last known place of residence or business; or (c) by email transmitted to the person's email address (in which case the notice will be taken to have been served at the time of transmission); or (d) by fax transmitted to the person's fax number (in which case the notice will be taken to have been served at the time of transmission); or (e) by being left for the person at the person's place of residence or business with someone apparently over the age of 16 years. (4) A person must not contravene an order made under this section. (5) If the Minister decides to make an order under subsection (1), a person to whom the order applies may seek a review of the Minister's decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. (6) Subject to subsection (8), an application for a review must be made within 1 month after the applicant receives notice of the relevant order. (7) The Minister must, if required by the person applying for a review, state in writing the reasons for the order. (8) If the reasons of the Minister are not given in writing at the time of making the decision that is to be the subject of a review and the person seeking the review, within 1 month of the making of the decision, requires the Minister's reasons in writing, the time for applying for a review runs from the time when the person receives the written statement of those reasons. 57A—Warnings (1) Subject to this section, if the Minister is satisfied that— (a) a substance or device might be dangerous to persons consuming or using the substance or device (whether because of a failure to comply with a requirement under this Act or otherwise); or (b) an advertisement or other published material relating to a substance or device contains instructions or other material that might be dangerous to persons consuming or using the substance or device, the Minister may take such action as the Minister thinks fit to warn the public against the risks or potential risks. (2) The Minister may only take action under this section— (a) in relation to a substance, if the substance is a poison or medicine or is a substance that the Minister is satisfied has the potential to be harmful to humans or is or may be used, or is designed to be used, as a medicine; or (b) in relation to a device, if the device is a medical device or is a device that the Minister is satisfied is or may be used, or is designed to be used, as a medical device. (3) For the purpose of subsection (1), the Minister may publish the trade name or description of a substance or device and may identify manufacturers, sellers, suppliers or importers of the substance or device. 58—Publication of information (1) If the Minister believes on reasonable grounds that a person has a history of consuming poisons or medicines in a quantity or manner that presents a risk to the person's health or has obtained or attempted to obtain a poison, medicine or medical device by false pretences or other unlawful means or for an unlawful purpose, the Minister may, for the purpose of preventing or restricting the supply of such a substance or device to that person, publish information relating to that person to all or any of the following classes of persons: (a) persons concerned in the management of hospitals or nursing homes who are responsible for the supply of such substances or devices to patients attending the hospitals or nursing homes; and (b) registered health practitioners; and (c) veterinary surgeons; and (f) any other prescribed class of persons, being persons who deal in or supply such substances or devices in the ordinary course of their business or profession. (1a) The Minister may publish information to a class of persons referred to in subsection (1)— (a) by publishing the information to a professional association prescribed by regulation whose members belong to that class of persons; or (b) in any other manner the Minister thinks fit. (2) Information published under this section is privileged unless it is proved that it was done with malice. (3) A person to whom information was published under this section must not communicate that information to any other person except so far as it may be necessary to do so in order to achieve the purpose of the publication. 60—Minister may require certain information to be given (1) For the purpose of ascertaining— (a) whether any substance or device is, or ought to be, one to which this Act applies; or (b) whether any requirements under this Act relating to a substance or device are appropriate and effective, the Minister may, by notice in writing given personally or by post to a person who manufactures, produces, packs, sells, supplies, imports or advertises a substance or device, require that person to furnish to the Minister such information relating to the substance or device as may be specified in the notice. (2) If the Minister has reasonable cause to believe that there is extensive misuse of a prescription drug or a volatile solvent in a particular area, the Minister may, by notice in writing given personally or by post to a registered health practitioner, veterinary surgeon or supplier practising or operating in, or in the vicinity of, that area, require him or her to furnish to the Minister such particulars as may be specified relating to— (a) in the case of a registered health practitioner (other than a pharmacist) or veterinary surgeon—the quantities in which and the number and frequency of occasions on which a prescription drug specified in the notice was prescribed, supplied or administered by him or her; (b) in the case of a pharmacist or supplier—the quantities in which and the number and frequency of occasions on which a prescription drug or volatile solvent specified in the notice was supplied by him or her. (3) A notice under this section may require any such information or particulars to be furnished in such manner and within such period, being not less than 14 days, as may be specified in the notice. (4) A person to whom a notice under this section has been given must not fail to comply with the notice. 60A—Confidentiality (1) Subject to this section, a person must not disclose confidential information obtained (whether by that person or any other person) in the administration or enforcement of this Act except— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person from whom the information was obtained or to whom the information relates; or (c) in connection with the administration or enforcement of this Act; or (d) for the purposes of any legal proceedings arising out of the administration or enforcement of this Act; or (e) in accordance with the regulations. (2) Information that is disclosed under this section for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. (3) Nothing in this section prevents the disclosure of statistical or other information that could not be reasonably expected to lead to the identification of any person to whom it relates. confidential information means— (a) information relating to trade processes; (b) medical information relating to any person; (c) any other information that— (i) is of a personal nature; or (ii) is by its nature confidential; or (iii) was specified as confidential by the person from whom the information was obtained; (d) information of a prescribed class. 60B—False or misleading information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act. 61—Evidentiary provisions (1) In any proceedings for an offence against this Act, an apparently genuine document purporting to be signed by the Minister and to certify that a person named in the certificate did, or did not, hold a licence, authority or permit under this Act on a specified day will, in the absence of proof to the contrary, be proof of the matters so certified. (2) In any proceedings for an offence against this Act, an apparently genuine document purporting to be signed by an analyst and to certify that an analysis of a substance referred to in the certificate was carried out by, or under the supervision of, the analyst will, in the absence of proof to the contrary, be proof of any facts stated in the certificate— (a) tending to identify the substance analysed or tending to identify the substance analysed as an analogue of another substance for the purposes of this Act; and (ab) as to the weight, amount or quantity of the substance analysed; and (b) relating to the nature and results of the analysis. (2a) In any proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate issued under a corresponding law and to certify that an analysis of a substance referred to in the certificate was carried out in accordance with the corresponding law will, in the absence of proof to the contrary, be proof of any facts stated in the certificate— (a) tending to identify the substance analysed or tending to identify the substance analysed as an analogue of another substance for the purposes of this Act; and (ab) as to the weight, amount or quantity of the substance analysed; and (b) relating to the nature and results of the analysis. (3) In any proceedings for an offence against this Act, an apparently genuine document purporting to be signed by the Minister and to certify that a person named in the certificate is an authorised officer, or an analyst, as the case may be, will, in the absence of proof to the contrary, be proof of the matter certified. corresponding law means a law of the Commonwealth, another State, or a Territory that is prescribed by regulation for the purposes of this definition. 62A—Delegation (1) The Minister may delegate a power or function vested in or conferred on the Minister by or under this Act— (a) to a particular person or body; or (b) to the person for the time being holding or acting in a particular office or 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 in a matter; and (c) is revocable at will by the delegator. 63—Regulations and fee notices (1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act. (2) The Minister must consult with the Advisory Council in relation to any regulation proposed to be made under this Act (other than a regulation proposed to be made under Part 4A or section 33LA). (3) No regulation may be made prescribing an amount relating to a controlled drug, controlled precursor or controlled plant for the purposes of Part 5 or section 45A except on the recommendation of the Advisory Council. (4) Without limiting the generality of subsection (1), the regulations may— (a) regulate, restrict or prohibit the manufacture, production, packaging, sale (whether by wholesale or retail), supply, prescribing, administration, possession, use, handling, labelling, storing, transporting, disposal or advertising of any poison, controlled precursor, medicine, medical device or volatile solvent; (b) prescribe standards, or provide for the prescription by a person, a committee of persons or an authority, of standards, with which any poison, controlled precursor, medicine or medical device must conform; (ba) regulate the installation, sale, supply or operation of an automatic vending machine for the sale or supply of a poison, medicine or medical device (in circumstances in which that is not prohibited); (c) prescribe the form of any notice, application, certificate, warrant or other document to be given, made or granted under this Act; (d) regulate the payment, refund, waiver or reduction of fees prescribed by the Minister under subsection (4a); (e) provide for or regulate the classes, application for, grant, term, refusal, renewal, suspension or revocation of licences and permits under this Act by a person, a committee of persons or an authority; (f) require any specified person, or persons of a specified class, to keep records or provide information in relation to any poison, controlled drug, controlled precursor, controlled plant, medicine, medical device or volatile solvent; (g) provide for and regulate the inspection, examination, testing or analysis of any substance or goods; (h) exempt, conditionally or unconditionally, any person, substance or medical device from any provision of this Act or the applied provisions, or provide for all or any of those exemptions to be given by a person or committee of persons or an authority; (i) prescribe fines, not exceeding $10 000, or 2 years imprisonment for offences against the regulations; (j) fix expiation fees, not exceeding $2 000, for alleged offences against the regulations. (4a) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (5) The regulations may refer to or, by reference, incorporate (with or without modifications) any code, standard, pharmacopoeia or other document published inside or outside of this State, either as in force at the time the regulations are made or as in force from time to time. (5a) If a code, standard, pharmacopoeia or other document is referred to or incorporated in the regulations (or in a code, standard, pharmacopoeia or other document referred to or incorporated in the regulations)— (a) a copy of the code, standard, pharmacopoeia or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and (b) evidence of the contents of the code, standard, pharmacopoeia or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard, pharmacopoeia or other document. (6) Any regulation under this Act may be of general or limited application according to— (a) the classes of persons or things; or (b) the circumstances; or (c) any other specified factor, to which the regulation is expressed to apply. (7) The regulations may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or another person. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Controlled Substances Act 1984 24.5.1984 9.5.1985 (Gazette 9.5.1985 p1399) except s 19—3.3.1986 (Gazette 27.2.1986 p421) and except s 22—1.7.1988 (Gazette 19.5.1988 p1246) and except s 21—9.2.1989 (Gazette 9.2.1989 p354) and except ss 12(7), 13—18 & 23—29—4.1.1996 (Gazette 4.1.1996 p2) and except ss 3(1), 12(5), (6) & 20—1.7.2011 (Gazette 9.6.2011 p2544) Crimes (Confiscation of Profits) Act 1986 20.3.1986 1.3.1987 (Gazette 19.2.1987 p381) Statutes Amendment (Analysts) Act 1986 4.9.1986 16.10.1986 (Gazette 16.10.1986 p1373) Controlled Substances Act Amendment Act 1986 6.11.1986 20.11.1986 (Gazette 20.11.1986 p1638) except s 8—30.4.1987 (Gazette 30.4.1987 p1133) and except s 7—29.3.1990 (Gazette 29.3.1990 p884) Controlled Substances Act Amendment Act 1990 Controlled Substances Act Amendment Act (No. 2) 1990 26.9.1991 (Gazette 26.9.1991 p890) Pharmacists Act 1991 4.4.1991 21.11.1991 (Gazette 21.11.1991 p1328) Director of Public Prosecutions Act 1991 21.11.1991 6.7.1992 (Gazette 25.6.1992 p1869) Statutes Repeal and Amendment (Courts) Act 1991 12.12.1991 6.7.1992 (Gazette 2.7.1992 p209) Controlled Substances (Classification of Offences) Amendment Act 1992 10.9.1992 6.7.1992: s 2 Controlled Substances (Destruction of Cannabis) Amendment Act 1994 26.5.1994 13.10.1994 (Gazette 13.10.1994 p944) Controlled Substances (General Offences—Poisons) Amendment Act 1995 14.12.1995 4.1.1996 (Gazette 4.1.1996 p2) Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 2.5.1996 Sch (cl 12)—3.2.1997 (Gazette 19.12.1996 p1923) Controlled Substances (Miscellaneous) Amendment Act 1999 South Australian Health Commission (Administrative Arrangements) Amendment Act 2000 Sch 1 (cl 4)—6.7.2000 (Gazette 6.7.2000 p5) Controlled Substances (Drug Offence Diversion) Amendment Act 2000 14.12.2000 1.10.2001 (Gazette 27.9.2001 p4295) Controlled Substances (Cannabis) Amendment Act 2002 12.12.2002 1.2.2003 (Gazette 16.1.2003 p180) Controlled Substances (Repeal of Sunset Provision) Amendment Act 2004 16.12.2004 30.9.2004: s 2 Criminal Assets Confiscation Act 2005 9.6.2005 Sch 1 (cll 2—4)—2.4.2006 (Gazette 16.2.2006 p578) Controlled Substances (Serious Drug Offences) Amendment Act 2005 8.12.2005 Pt 2 (ss 4(2), (4), 5, 6, 12, 18, 19(2), 21, 23—28)—12.1.2006 (Gazette 12.1.2006 p43); ss 4(1), (3), (5)—(12), 7—11, 13—17, 19(1), (3), (4), 20, 22, 29, 30 & Sch 1 (cl 6)—3.12.2007 (Gazette 22.11.2007 p4294) Statutes Amendment (Petroleum Products) Act 2007 20.9.2007 Pt 2 (s 4)—1.7.2008 (Gazette 13.3.2008 p1006) Controlled Substances (Possession of Prescribed Equipment) Amendment Act 2007 29.11.2007 26.9.2008 (Gazette 25.9.2008 p4575) except s 4—19.10.2008 (Gazette 16.10.2008 p4834) Health Care Act 2008 13.3.2008 Sch 4 (cl 4)—1.7.2008 (Gazette 26.6.2008 p2563) Summary Offences (Drug Paraphernalia) Amendment Act 2008 8.5.2008 Sch 1 (cll 1 & 2)—8.6.2008 (Gazette 5.6.2008 p1872) Controlled Substances (Controlled Drugs, Precursors and Cannabis) Amendment Act 2008 31.7.2008 10.9.2009 (Gazette 10.9.2009 p4410) Controlled Substances (Drug Detection Powers) Amendment Act 2008 31.7.2008 Pt 2 (ss 4—8)—23.10.2008 (Gazette 23.10.2008 p4931) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 37 (ss 68 & 69)—1.2.2010 (Gazette 28.1.2010 p320) Health Practitioner Regulation National Law (South Australia) Act 2010 Sch 1 (cl 6)—1.7.2010 (Gazette 1.7.2010 p3338) Controlled Substances (Miscellaneous) Amendment Act 2010 14.10.2010 28.11.2010 (Gazette 25.11.2010 p5401) Controlled Substances (Therapeutic Goods and Other Matters) Amendment Act 2011 3.3.2011 9.6.2011 except ss 4—26, 28—32 & Sch 1—1.7.2011 (Gazette 9.6.2011 p 2544) Controlled Substances (Offences Relating to Instructions) Amendment Act 2011 21.7.2011 28.8.2011 (Gazette 18.8.2011 p3490) Statutes Amendment (Directors' Liability) Act 2011 22.9.2011 Pt 8 (s 10)—1.1.2012 (Gazette 15.12.2011 p4988) Statutes Amendment (Serious and Organised Crime) Act 2012 10.5.2012 Pt 4 (ss 17—25)—17.6.2012 (Gazette 14.6.2012 p2756) Statutes Amendment (Courts Efficiency Reforms) Act 2012 22.11.2012 Pt 3 (ss 6—9)—1.7.2013 (Gazette 16.5.2013 p1541) Controlled Substances (Offences) Amendment Act 2013 5.12.2013 16.2.2014 (Gazette 23.1.2014 p343) Controlled Substances (Simple Possession Offences) Amendment Act 2015 26.11.2015 29.2.2016 (Gazette 4.2.2016 p365) Controlled Substances (Poppy Cultivation) Amendment Act 2015 3.12.2015 16.9.2016 (Gazette 1.9.2016 p3625) Controlled Substances (Miscellaneous) Amendment Act 2016 10.11.2016 1.4.2017 (Gazette 16.2.2017 p549) Industrial Hemp Act 2017 16.5.2017 Sch 1—12.11.2017 (Gazette 31.10.2017 p4467) Liquor Licensing (Liquor Review) Amendment Act 2017 28.11.2017 Sch 1 (cl 1)—18.11.2019 (Gazette 7.11.2019 p3759) Statutes Amendment (Drug Offences) Act 2018 22.11.2018 Pt 2 (ss 4 to 25)—1.4.2019 (Gazette 7.2.2019 p415) (229) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (Gazette 29.11.2018 p4077) — Sch 1 (cl 2)—1.12.2018: r 2 Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 7 (ss 51 to 56)—4.5.2020 (Gazette 27.2.2020 p442) Controlled Substances (Youth Treatment Orders) Amendment Act 2019 21.11.2019 21.11.2021 (s 7(5) Acts Interpretation Act 1915) Controlled Substances (Confidentiality and Other Matters) Amendment Act 2020 Training and Skills Development (Miscellaneous) Amendment Act 2020 19.11.2020 Sch 1 (cl 1)—1.7.2021 (Gazette 24.6.2021 p2260) Controlled Substances (Pure Amounts) Amendment Act 2022 Veterinary Services Act 2023 7.12.2023 Sch 1 (cll 9 to 19)—1.7.2026 (Gazette 20.11.2025 p4496) Controlled Substances (Destruction of Seized Property) Amendment Act 2024 Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025 12.3.2025 Pt 2 (ss 3 to 6)—26.5.2025 (Gazette 22.5.2025 p1243) Children and Young People (Safety and Support) Act 2025 12.6.2025 Sch 2 (cll 11 & 12)—uncommenced Statutes Amendment (Administrative Review Tribunal) Act 2025 Pt 5 (s 9)—20.11.2025: s 2 Statutes Amendment (Health and Wellbeing) Act 2025 Pt 6 (ss 10 & 11)—4.12.2025: s 2(1) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title