3Interpretation

3 Interpretation (1) In this Act: analyst means a person who is: (a) appointed to be an analyst under subsection (8); or (b) authorised under a law of the Commonwealth, a State or another Territory to issue a certificate or other document relating to a dangerous drug or other substance that is prima facie evidence of the facts alleged in the document. authorisation, for Part IIAB, see section 19U. authorised prescriber, see section 5 of the Medicines, Poisons and Therapeutic Goods Act 2012. child means a person who has not attained the age of 18 years. commercial quantity, in relation to a dangerous drug, means a quantity or amount equal to or exceeding the quantity or amount of that dangerous drug specified in column 3 of Schedule 1 or 2 opposite to the name of that dangerous drug specified in column 1 of that Schedule. Misuse of Drugs Act 1990 2 cultivate, in relation to a plant, includes the following: (a) plant a seed, seedling or cutting of the plant or transplant the plant; (b) nurture, tend or grow the plant; (c) guard or conceal the plant, including against interference or discovery by humans or natural predators; (d) harvest the plant, including picking any part of the plant or separating any resin or other substance from the plant. dangerous drug means a Schedule 1 drug or Schedule 2 drug. Note for definition dangerous drug See also subsection (2). 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. detection dog, see section 19U. drug analogue, see section 4B. drug detection area, see section 19U. electronic drug detection system, see section 19U. firearm, see section 3(1) of the Firearms Act 1997. general drug detection, see section 19U. hulled, in relation to a seed, means a seed from which the outer coat or hull has been removed. indigenous community means an area prescribed by regulation. infringement notice, see section 20A(1). infringement notice offence, see section 20(1). low THC Cannabis sativa is a Cannabis sativa plant with a concentration of no more than 1% of delta 9-tetrahydrocanabinol in the plant's leaves and flowering heads. Misuse of Drugs Act 1990 3 manufacture, in relation to a substance or thing, means any process by which the substance or thing is: (a) produced, other than by the cultivation of a plant; or (b) extracted or refined; or (c) transformed into a different substance. non-viable, in relation to a seed, means a seed that is not able to germinate. nurse practitioner means a person: (a) registered under the Health Practitioner Regulation National Law to practise in the nursing profession (other than as a student); and (b) whose registration is endorsed as being qualified to practice as a nurse practitioner. optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student). permissible Cannabis seeds are seeds of low THC Cannabis sativa that: (a) contain not more than 0.0005% of tetrahydocannabinol; and (b) are non-viable and hulled; and (c) contain only naturally present cannabinoids. pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student). place includes a vehicle. police dog, see section 19U. possession, in relation to a person, includes being subject to the person's control notwithstanding that the thing possessed is in the custody of another person. precursor means a substance prescribed by the Regulations as a precursor. premises includes a structure, building or place (whether built on or not) and any part of a structure, building or place. Misuse of Drugs Act 1990 4 prescribed amount, see section 20(2). produce means: (a) prepare, package or produce; (b) offering to prepare, package or produce; or (c) doing or offering to do an act preparatory to, in furtherance of, or for the purpose of, preparing, packaging or producing. prohibited plant means: (a) a plant that is specified in Schedule 1 or 2; or (b) a plant that is not specified in Schedule 1 or 2 if a part of the plant, or an extract from the plant, is specified in Schedule 1 or 2. public place includes any highway, premises or place (including water) to which at the material time the public have or are permitted to have access, whether on payment or otherwise, and any vehicle on or in a public place. reasonably believes means believes on reasonable grounds. reasonably suspects means suspects on reasonable grounds. road, see section 19U.