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DRUGS MISUSE ACT 1986 - SECT 4

Definitions

4 Definitions

In this Act—

"affected by bankruptcy action" ...

"analogue" , of a dangerous drug, see section 4A .

"analyst" means a person who, under section 4C , is appointed as, or declared to be, an analyst.

"approved form" means a form approved by the chief executive under section 133 .

"Australian Crime Commission" means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth) , section 7 .

"authorised health officer" ...

"cannabis" , for part 5B , see section 46 .

"category 1 researcher" ...

"category 1 researcher licence" ...

"category 2 researcher" ...

"category 2 researcher licence" ...

"certified cannabis seed" ...

"challenge notice" means a written notice that informs the prosecution that a person intends to challenge a claim intended to be made by the prosecution and of which the person has been informed in a prosecution information notice.

"chief executive for health" ...

"class A research cannabis plant" , for part 5B , see section 46 .

"class A research cannabis seed" , for part 5B , see section 46 .

"class B research cannabis plant" , for part 5B , see section 46 .

"class B research cannabis seed" , for part 5B , see section 46 .

"close associate" , for part 5B , see section 46 .

"compliance notice" , for part 5B , see section 46 .

"controlled substance" means—

(a) a substance specified in the Drugs Misuse Regulation 1987 , schedule 6 ; or
(b) a salt, derivative or stereo-isomer of a substance specified in the Drugs Misuse Regulation 1987 , schedule 6 ; or
(c) a salt of a derivative or stereo-isomer of a substance specified in the Drugs Misuse Regulation 1987 , schedule 6 ;
but does not include a compound consisting of a substance specified in the Drugs Misuse Regulation 1987 , schedule 6 and of a substance not specified in the Drugs Misuse Regulation 1987 , schedule 6 .

"controlled thing" , for part 5A , see section 43A .

"convicted" ...

"correctional institution" ...

"court" , for part 5 , see section 30 (1) .

"criminal history" , for part 5B , see section 46 .

"dangerous drug" means—
(a) a thing stated in the Drugs Misuse Regulation 1987 , schedule 1 or 2 ; or
(b) any part of a plant that is a thing stated in the Drugs Misuse Regulation 1987 , schedule 1 or 2 ; or
(c) a derivative or stereo-isomer of a thing mentioned in paragraph (a) or (b) ; or
(d) a salt of a thing mentioned in any of paragraphs (a) to (c) ; or
(e) an analogue of a thing mentioned in any of paragraphs (a) to (d) ; or
(f) a thing that has, or is intended to have, a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e) ; or
Note—
See also section 4BA for when a thing is intended to have a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e) .
(g) a thing mentioned in any of paragraphs (a) to (f) that is contained in—
(i) a natural substance; or
(ii) a preparation, solution or admixture.

"denatured" , for part 5B , see section 46 .

"drug dependent person" means a person—
(a) who, as a result of repeated administration to the person of dangerous drugs—
(i) demonstrates impaired control; or
(ii) exhibits drug-seeking behaviour that suggests impaired control;
over the person’s continued use of dangerous drugs; and
(b) who, when the administration to the person of dangerous drugs ceases, suffers or is likely to suffer mental or physical distress or disorder.

"educational institution" means—
(a) a State instructional institution or non-State school within the meaning of the Education (General Provisions) Act 2006 ; or
(b) any other similar institution that may from time to time be established;
but does not include an educational institution conducting only tertiary or adult education.

"environmental health officer" .. .

"executive officer"
(a) for part 5A , see section 43A ; or
(b) for part 5B , see section 46 .

"grower" , for part 5B , see section 46 .

"grower licence" , for part 5B , see section 46 .

"industrial cannabis fibre" , for part 5B , see section 46 .

"industrial cannabis plant" , for part 5B , see section 46 .

"industrial cannabis seed" , for part 5B , see section 46 .

"information notice" , for part 5B , see section 46 .

"informer" means a person who supplies information to a police officer in respect of the commission of an offence defined in part 2 on the basis that the person’s identity will be kept confidential.

"inspector" , for part 5B , see section 46 .

"intellectually handicapped citizen" ...

"intellectually impaired person" means a person who has a disability that—
(a) is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and
(b) results in—
(i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and
(ii) the person needing support.

"licence" , for part 5B , see section 46 .

"licensee" , for part 5B , see section 46 .

"medical practitioner" ...

"Minister" ...

"obstruct" , for part 5A , see section 43A .

"official identity card" ...

"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.

"planting seed" , for part 5B , see section 46 .

"police officer" includes a person mentioned in the Australian Crime Commission Act 2002 (Cwlth) , section 49 , whose services are made available to the Australian Crime Commission.

"prescribed documents" , for part 5A , see section 43A .

"prescribed photograph" , for part 5B , see section 46 .

"prescribed substance" ...

"proceeds" , for part 5 , see section 30 (1) .

"processed cannabis" , for part 5B , see section 46 .

"produce" means—
(a) prepare, manufacture, cultivate, package or produce;
(b) offering to do any act specified in paragraph (a) ;
(c) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in paragraph (a) .

"prosecution information notice" means a written notice that informs a person that—
(a) the prosecution intends to claim that—
(i) for an offence to which section 130 applies—a substance was a controlled substance; or
(ii) for an offence to which section 131 applies—specified equipment was used in the production of a relevant dangerous drug; or
(iii) for an offence to which section 131A applies—a substance was a medicine or poison or veterinary chemical product; and
(b) if the person wants to challenge the claim, the defendant must give a challenge notice to the commissioner of the police service; and
(c) a challenge notice must be given within 28 days after the prosecution information notice is served on the person.

"register" , for part 5A , see section 43A .

"relevant authority" , for part 5B , see section 46 .

"relevant position" , for part 5B , see section 46 .

"relevant power" , for part 5B , see section 46 .

"relevant transaction" , for part 5A , see section 43A .

"researcher" , for part 5B , see section 46 .

"researcher licence" , for part 5B , see section 46 .
seed handler, for part 5B , see section 46 .

"seed handler licence" , for part 5B , see section 46 .

"serious offence" ...

"smoke" includes inhale.

"supply"
(a) for part 5A —see section 43A ; or
(b) otherwise, means—
(i) give, distribute, sell, administer, transport or supply; or
(ii) offering to do any act specified in subparagraph (i) ; or
(iii) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in subparagraph (i) .

"THC" means tetrahydrocannabinol.

"treatment order" means a drug and alcohol treatment order under the Penalties and Sentences Act 1992 , part 8A .

"unlawfully" means without authorisation, justification or excuse by law.

"vehicle" includes any aircraft or vessel.

"visual surveillance device" ...

"whole weight" , of a dangerous drug, means the total weight of the drug and any other substance with which it is mixed or in which it is contained.



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