Victorian Numbered Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES MISCELLANEOUS AMENDMENT ACT 2017 (NO. 40 OF 2017) - SECT 8

After Part III of the Principal Act insert —

" Part IIIA—Psychoactive substances

        56A     Definitions

    (1)     In this Part—

"advertisement" means—

        (a)     any words, whether written or spoken; or

        (b)     any pictorial representation or design; or

        (c)     any other representation by any means at all;

"produce" means make, prepare, process, extract, refine, package or label.

    (2)     The definition of label in section 4(1) does not apply to this Part.

        56B     Burden of proof

Section 104 does not apply to an offence against this Part.

        56C     Representation that not for human consumption not a defence

It is not a defence to a charge for an offence against this Part that any labelling of, or representation made about, a substance indicates that it is not for human consumption.

        56D     Offence to produce psychoactive substance

A person must not produce a substance that the person knows or reasonably suspects is a psychoactive substance.

Penalty:     In the case of a natural person, 240 penalty units or imprisonment for 2 years or both;

    In the case of a body corporate, 1200 penalty units.

        56E     Offence to sell or supply psychoactive substance

    (1)     A person must not sell a substance that the person knows or reasonably suspects is a psychoactive substance.

Penalty:     In the case of a natural person, 240 penalty units or imprisonment for 2 years or both;

    In the case of a body corporate, 1200 penalty units.

    (2)     A person must not, in the course of carrying out a commercial activity, supply to another person a substance that the person knows or reasonably suspects is a psychoactive substance.

Penalty:     In the case of a natural person, 240 penalty units or imprisonment for 2 years or both;

    In the case of a body corporate, 1200 penalty units.

        56F     Offence to advertise psychoactive substance

    (1)     A person must not display or cause or permit to be displayed on or inside a public place or a vehicle or vessel that is in a public place an advertisement that the person intends as a promotion of the consumption, sale or supply of a psychoactive substance or psychoactive substances generally.

Penalty:     In the case of a natural person, 240 penalty units or imprisonment for 2 years or both;

    In the case of a body corporate, 1200 penalty units.

    (2)     A person must not display or cause or permit to be displayed on or inside a public place or a vehicle or vessel that is in a public place an advertisement     if the person knows that there is a substantial risk that the consumption, sale or supply of a psychoactive substance or psychoactive substances generally may be promoted by that advertisement.

Penalty:     In the case of a natural person, 240 penalty units or imprisonment for 2 years or both;

    In the case of a body corporate, 1200 penalty units.".