[Section 3 Subsection (1) amended by No. 43 of 1982, s. 66 and Sched. 3 ][Section 3 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 3 Subsection (1) amended by No. 27 of 1984, s. 5 ][Section 3 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 3 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 4 of 1991, s. 39 and Sched. 4 ][Section 3 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 100 of 1995, s. 97 and Sched. 7 ][Section 3 Subsection (1) amended by No. 2 of 1996, s. 87 and Sched. 7 ]
(1) *[Section 3 Subsection (1) amended by No. 95 of 1973, s. 2 ]*In this Act, unless the contrary intention appears –
aircraft includes a helicopter, a hovercraft, and an autogiro;
analysis, in relation to a substance, includes any bacteriological, biochemical, electrical, electrochemical, microscopical, pathological, or other examination or test of or applied to the substance;
analyst means a person appointed as an analyst under section 19 , and includes the Government Analyst;
automatic machine means a machine or mechanical device that is used or capable of being used for the purpose of selling or supplying goods without the personal manipulation or attention of the seller or supplier or his employee or agent at the time of the sale or supply;
boat includes a vessel or water craft of any description;
coca leaves means the leaves of any plant of the genus erythroxylacae from which cocaine may be extracted either directly or by chemical transformation;
container, used in relation to a substance, means a vessel, bottle, tube, capsule, tin, box, case, wrapper, cover, envelope, or other like receptacle that immediately contains the substance;
(a) that is designed or intended for therapeutic use; or
(b) the sole or principal use of which is, or ordinarily is, a therapeutic use or use as an ingredient or component in the preparation or manufacture of a substance for therapeutic use;
(a) has acquired, as a result of the repeated administration of drugs of dependence, an overpowering desire for their continued administration; or
(b) has a condition such that the cessation of the administration of a drug of dependence, or the inability to obtain such a drug, is likely to cause him or her to exhibit signs of mental or physical distress or disorder; or
(c) exhibits drug-seeking behaviour that suggests impaired control as a result of the person’s continued use of drugs of dependence; or
(d) consumes or uses a drug of dependence contrary to the prescribing practitioner’s instructions;
[Section 3 Subsection (1) amended by No. 29 of 2009, s. 5, Applied:01 Sep 2009]drug of dependence means a substance listed in Schedule 8 or Schedule 9 to the Poisons List and includes any substance or class of substances that the Minister declares by order to be a drug of dependence but does not include any substance or class of substances that the Minister declares by order not to be a drug of dependence;
(a) any plant or part of a plant of the genus cannabis;
(b) the resin, whether crude or purified, obtained from any plant or part of a plant of the genus cannabis; or
(c) any preparation containing any such resin –
by whatever name that plant, part, resin, or preparation may be called, and includes the achene or seed of any such plant but does not include any fibre of any such plant from which the resin has been extracted;
industrial or agricultural poison means a substance that is, for the time being, specified in Schedule 6 to the Poisons List;
inspector means a person appointed and holding office under section 23 ;
(a) is, at the material time, present in another State or a Territory; and
(b) may lawfully issue prescriptions in that State or Territory; and
(c) is acting in the course of the lawful practice of the practitioner’s profession;
label includes a tag, brand, mark, or statement in writing on or attached to or used in connection with a container or package containing a scheduled substance, and labelled has a corresponding meaning;
medicinal opium means raw opium that has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with a neutral substance;
medicinal poison means a substance that is, for the time being, specified in Schedule 2 to the Poisons List;
package, used in relation to a substance, includes any means by which the substance may, for transport, for carriage, for storage, or for sale, be cased, covered, enclosed, contained, or packed;
[Section 3 Subsection (1) amended by No. 23 of 2022, s. 20, Applied:24 Oct 2022]pharmacist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession but does not include a person who is a provisionally registered pharmacist, or who holds student or non-practising registration in that profession;
(f) any other institution or establishment that is not carried on for private gain or reward and is declared by the Minister, by order, to be a public institution for the purposes of this Act;
raw narcotic means –
(a) raw opium; and
(b) any other substance that is declared by the Minister, by order, to be a raw narcotic for the purposes of this Act;
raw opium includes powdered or granulated opium but does not include medicinal opium;
(a) the Board, if an application for the grant or renewal of the licence may be made to the Board or the licence has been granted or renewed by the Board; or
State authority means a person or body of persons constituted, established, or appointed under an Act or in the exercise of the prerogative rights of the Crown to administer or control any department, business, undertaking, or institution on behalf of the State;
substance includes a preparation, an admixture, and a salt or derivative of a substance;
supply, in relation to a substance, includes –
(a) administer a substance, whether orally, subcutaneously, or by any other means;
(b) dispense a substance on prescription; and
(c) offer or agree to supply a substance;
therapeutic use means a use for the purpose of or in connection with –
(a) preventing, diagnosing, curing, or alleviating a disease, ailment, defect, or injury in persons or animals;
(b) influencing, inhibiting, or modifying a physiological process in persons or animals;
(c) testing the susceptibility of persons or animals to a disease or ailment; or
(d) destroying or inhibiting micro-organisms that may be harmful to persons or animals;
traffic includes keep or have in possession for trafficking, and trafficking has a corresponding meaning;
(a) the Standard for the Uniform Scheduling of Medicines and Poisons, of the Commonwealth, published by the Australian Government under the Therapeutic Goods Act 1989 of the Commonwealth; or
(b) any similar standard published in substitution for that standard; or
(c) if the standard, or a standard published in substitution for that standard, has been amended under that Act, that standard as so amended;
vehicle means any mode of transport, other than an aircraft or a boat;
(b) includes the sale or supply to other persons in wholesale quantities in the ordinary course of that business for use in a public institution or in connection with a prescribed profession, business, trade, or industry carried on by a person who requires any such substance for use, but not for resale, in connection with his profession, business, trade, or industry.
(1A) *[Section 3 Subsection (1A) inserted by No. 27 of 1984, s. 5 ]*In this Act, a reference to an analysis or examination of a plant is a reference to such an analysis or examination for the purpose of determining whether or not the plant is a prohibited plant.
(a) a reference to a scheduled substance is a reference to the substance as specified in the Uniform Standard; and
(b) a reference to a substance by reference to a Schedule of a particular number is taken to be a reference to the substance as specified in the Schedule of that number to the Poisons List.
(3) Without restricting the generality of the expression "possession", a substance or plant shall, for the purposes of this Act, be deemed to be in the possession of a person so long as it is on any land or premises occupied by him or is enjoyed or controlled by him in any place or is in his order and disposition unless he proves that he had no knowledge of the substance or plant.
(4) In this Act, the expression this Part includes the regulations made under or for the purposes of the Part of this Act in which the expression occurs.
(a) by reference to any one or more of the following matters, namely:
(i) the common or scientific name of the substance;
(ii) any class of substances;
(iii) the composition of the substance;
(iv) the purposes for which the substance may be used;
(v) the manner in which the substance is packed;
(vi) such other factor or circumstance as may be specified in relation to the substance in the Poisons List or in any such order; or
(b) in any other manner so specified.
(6) In this Act, a reference to a Commonwealth Act cited by its short title includes a reference to that Act as amended from time to time and to any Commonwealth Act passed in substitution for that Act.