Document ID: chunk:federal_register_of_legislation:C2015A00012:clause:1_1:p4
Version: federal_register_of_legislation:C2015A00012
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 4/4)
Character Range: 12972–14241

(i) is an approved active constituent (within the meaning of that Code); or
 (ii) is an exempt active constituent (within the meaning of subsection 69B(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992); or
 (iii) is imported into Australia with the written consent of the Australian Pesticides and Veterinary Medicines Authority under subsection 69B(1B) of that Act; or
 (f) prescribed by, or included in a class of substances prescribed by, the regulations.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
 (4) In a prosecution for an offence under subsection (1), it is not necessary to prove that:
 (a) the representation of the substance to be a serious drug alternative related to a particular serious drug; or
 (b) the defendant intended to cause any person to believe that the substance:
 (i) was a particular serious drug; or
 (ii) has a psychoactive effect that is the same as or similar to a particular serious drug; or
 (iii) is a lawful alternative to a particular serious drug; or
 (c) the defendant knew, or was reckless as to:
 (i) the particular identity of the substance, or
 (ii) whether the substance has a particular psychoactive effect.

Customs Act 1901