36ZESubstances to which this Part does not apply

#### 36ZE Substances to which this Part does not apply 36ZE Substances to which this Part does not apply > > (1) This Part does not apply to the following substances— > > > > > (a) a substance specified in Schedule 1, > > > > > (b) a precursor within the meaning of section 24A, > > > > > (c) a poison, restricted substance or drug of addiction within the meaning of the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031), > > > > > (d) therapeutic goods included in the Australian Register of Therapeutic Goods maintained under the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth or that are exempted from the operation of Part 3-2 of that Act by regulations made under section 18 of that Act, > > > > > (e) a food within the meaning of the [Food Act 2003](/view/html/inforce/current/act-2003-043), > > > > > (f) alcohol, > > > > > (g) a tobacco product, > > > > > (h) any plant or fungus, or extract from a plant or fungus, that is not, or does not contain, a substance specified in Schedule 1, > > > > > (i) controlled drugs, controlled plants and controlled precursors within the meaning of Part 9.1 of the Criminal Code set out in the Schedule to the [Criminal Code Act 1995](http://www.legislation.gov.au/) of the Commonwealth, > > > > > (j) a substance supplied by a health practitioner (within the meaning of the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105)) in the course of the provision of a health service (within the meaning of that Act), > > > > > (k) any other substance prescribed by the regulations for the purposes of this section. > > > (2) A reference to a substance in subsection (1) does not include any substance that contains, or has had added to it, any psychoactive substance that is not specified in subsection (1). > > **pt 2C (ss 36ZD–36ZG):** Ins 2013 No 70, Sch 1 \[5\].