Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p36
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 36/169)
Character Range: 1279962–1282684

offence;
the trier of fact may find the defendant:
 (d) not guilty of the alleged offence; but
 (e) guilty of the other offence.
Note: A defendant bears a legal burden in relation to the matter in paragraph (2)(a) (see section 13.4).

Part 9.2—Psychoactive substances

Division 320—Psychoactive substances

320.1  Definitions
 (1) In this Part:
consume, in relation to a substance, includes:
 (a) ingest the substance; and
 (b) inject the substance; and
 (c) inhale the substance; and
 (d) smoke the substance, or inhale fumes caused by heating or burning the substance; and
 (e) apply the substance externally to the body of a person; and
 (f) by any other means introduce the substance into any part of the body of a person.
psychoactive effect, in relation to a person, means:
 (a) stimulation or depression of the person's central nervous system, resulting in hallucinations or in a significant disturbance in, or significant change to, motor function, thinking, behaviour, perception, awareness or mood; or
 (b) causing a state of dependence, including physical or psychological addiction.
psychoactive substance means any substance that, when a person consumes it, has the capacity to induce a psychoactive effect.
serious drug alternative means a substance that:
 (a) has a psychoactive effect that is the same as, or is substantially similar to, the psychoactive effect of a serious drug; or
 (b) is a lawful alternative to a serious drug.
 (2) Expressions used in this Part that are defined for the purposes of Part 9.1 have the same meaning as in that Part.

320.2  Importing psychoactive substances
 (1) A person commits an offence if:
 (a) the person imports a substance; and
 (b) the substance is a psychoactive substance.
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
 (2) Subject to subsection (3), this section does not apply to a substance if it is:
 (a) food (within the meaning of the Food Standards Australia New Zealand Act 1991) for which:
 (i) there is a standard (within the meaning of that Act); or
 (ii) in the form in which the substance is presented, there is a tradition in Australia and New Zealand of using the substance as food for humans; or
 (b) a tobacco product (within the meaning of the Public Health (Tobacco and Other Products) Act 2023); or
 (c) goods that are listed goods, or registered goods, within the meaning of the Therapeutic Goods Act 1989; or
 (d) goods that are represented in any way to be:
 (i) for therapeutic use (within the meaning of that Act); or
 (ii) for use as an ingredient or component in the manufacture of therapeutic goods (within the meaning of that Act);
  other than goods that are represented as a serious drug alternative; or
 (e)