9References to scheduled substances and equipment

#### 9 References to scheduled substances and equipment Scheduled substances (1) A reference in this Act to a scheduled substance (or type of scheduled substance) is a reference to a bulk scheduled substance (or a bulk scheduled substance of that type), except if the reference is in relation to equipment that: (a) contains a scheduled substance (or type of scheduled substance); or (b) uses a scheduled substance (or type of scheduled substance) in its operation. (2) A scheduled substance is a bulk scheduled substance unless the substance is: (a) contained in equipment; or (b) used in the operation of equipment. > Note: Example: Paragraph (b)—a scheduled substance that is used as a propellant in an aerosol spray or fire extinguisher is not a bulk scheduled substance. > Note 1: Subsection (3) affects whether a scheduled substance is contained in, or used in the operation of, equipment for the purposes of this subsection. > Note 2: Subsection (4) and regulations made for the purposes of paragraph (5)(a) may also affect whether a substance is a bulk scheduled substance. Equipment used only for storing or transporting a scheduled substance (3) A reference in this Act to: (a) equipment containing a scheduled substance (or type of scheduled substance); or (b) equipment using a scheduled substance (or type of scheduled substance) in its operation; does not cover equipment that contains a scheduled substance, or is being used, for the sole purpose of storing or transporting the substance. > Note: Subsection (4) and regulations made for the purposes of paragraph (5)(b) or (c) may also affect whether a substance is contained in, or used in the operation of, equipment. Substances used in the process of manufacturing equipment (4) A scheduled substance that is contained in equipment only because the substance was used in the process of manufacturing the equipment is neither: (a) a bulk scheduled substance; nor (b) contained in, or used in the operation of, the equipment. > Note: Example: A scheduled substance that remains in minute quantities in open cell foam after being used in the production of the foam. Regulations (5) The regulations may provide that, in prescribed circumstances, a scheduled substance: (a) is taken to be, or not to be, a bulk scheduled substance; or (b) is taken to be, or not to be, contained in equipment; or (c) is taken to be, or not to be, used in the operation of equipment; or (d) is taken to be, or not to be, contained in equipment for the sole purpose of storing or transporting the substance; (e) is taken to be, or not to be, contained in equipment only because the substance was used in the process of manufacturing the equipment. (6) Regulations made for the purposes of subsection (5) have effect despite subsections (2) to (4).