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Additional Offences

Obtaining drugs by deception

The Controlled Substances Act 1984 (SA) [Part 4] also creates a number of offences for obtaining drugs by deception from legitimate sources, such as doctors, dentists, or pharmacists. This includes the use and possession of forged prescriptions. Generally these offences duplicate existing offences, such as the forging and altering of documents and obtaining by false pretences.

Possession without authority of prescription drugs

Under the Controlled Substances Act 1984 (SA) s 18(3), it is an offence to possess without authority substances declared to be 'prescription drugs'. It is also an offence to prescribe a prescription drug without the proper authority [s 18(1)].

Maximum penalty: $10 000 fine or imprisonment for 2 years.

The 'Standard for the Uniform Scheduling of Drugs and Poisons' published by the Australian Health Ministers Advisory Council and updated from time to time lists these substances.

There is also a restriction of prescription or supply of certain drugs of dependence in certain circumstances [s 18A].

Sale or supply of volatile solvents

Another provision covers the sale or supply of volatile solvents where the seller suspects the buyer is intending to inhale the solvent or supply it to another to inhale [s 19].

Maximum penalty: $10 000 fine or imprisonment for 2 years.

Drug paraphernalia

Under s 9B Summary Offences Act 1953 (SA) it is an offence to sell or supply drug paraphernalia. Penalties apply to individuals and also to businesses and there are separate penalties where the sale or supply has been to a minor.

Maximum penalty for sale or supply of prohibited item:

for an individual - $10 000 or 2 years imprisonment

for a body corporate - $50 000

Maximum penalty for sale or supply of prohibited item to a minor:

for an individual - $20 000 or 2 years imprisonment

for a body corporate $100 000

The list of prohibited items includes the following:

  • water pipe – this includes devices known as bongs, hookahs, narghiles, shishas and ghalyans
  • prohibited pipe (a device, or components, when assembled that form a device, other than a water pipe that is intended for use or designed for use in smoking cannabis, cannabis resin or methamphetamine crystals, it includes 'hash pipes' and 'ice pipes' )
  • cocaine kit*
  • the legislation allows for other items to be prescribed as prohibited by regulation

A cocaine kit consists of 2 or more of the following items packaged as a unit apparently for the use of cocaine:

  • a razor blade
  • a tube
  • a mirror
  • a scoop
  • a glass bottle
  • any other item apparently for use together with any of these items to prepare cocaine for use.
Additional Offences  :  Last Revised: Thu Nov 2nd 2017
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.