Document ID: chunk:federal_register_of_legislation:C2017A00067:clause:1_9
Version: federal_register_of_legislation:C2017A00067
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 41694–44380

9  Bulk scheduled substances and equipment

Bulk scheduled substances
 (1) A reference in this Act to a scheduled substance (or to a type of scheduled substance), other than a reference relating to equipment, is a reference to a bulk scheduled substance (or to a bulk scheduled substance of that type).
 (2) Subject to subsections (5) and (6), a scheduled substance is a bulk scheduled substance unless it is:
 (a) contained in equipment for a purpose other than, or in addition to, the purpose of storing or transporting the substance; or
 (b) used in the operation of equipment.
Example: Paragraph (2)(b)—a scheduled substance that is used as a propellant in an aerosol spray or fire extinguisher is not a bulk scheduled substance.

Equipment containing or using scheduled substances
 (3) Subject to subsection (6):
 (a) a reference in this Act (other than this section) to equipment containing a scheduled substance does not include a reference to containing the substance for the sole purpose of storing or transporting the substance; and
 (b) a reference in this Act to using a scheduled substance in the operation of equipment does not include a reference to using the equipment for the storage or transport of the substance.
 (4) To avoid doubt, and without limiting when equipment contains a scheduled substance for the sole purpose of storing or transporting the substance, equipment contains a scheduled substance for that sole purpose if:
 (a) the substance must be transferred to other equipment to realise its intended use; or
 (b) the equipment must be attached to other equipment to realise its intended use.

Substances used in the process of manufacturing equipment
 (5) Subject to subsection (6), 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.
Example: A scheduled substance that remained in minute quantities in open cell foam after the substance was used in the production of the foam is neither a bulk scheduled substance nor contained in, or used in the operation of, the foam.

Regulations
 (6) The regulations may provide that, in prescribed circumstances, a scheduled substance:
 (a) is a bulk scheduled substance, or is not a bulk scheduled substance; or
 (b) is taken to be contained in equipment, or is taken not to be contained in equipment; or
 (c) is taken to be used in the operation of equipment, or is taken not to be used in the operation of equipment.
Regulations made for the purposes of this subsection have effect despite subsections (2) to (5).