Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p37
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 37/169)
Character Range: 1282451–1285178

(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) therapeutic goods that are:
 (i) exempt goods (within the meaning of that Act); or
 (ii) exempt under section 18A of that Act; or
 (iii) the subject of an approval or authority under section 19 of that Act; or
 (iv) the subject of an approval under section 19A of that Act; or
 (f) a substance or mixture of substances:
 (i) that is an agricultural chemical product (within the meaning of the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994); or
 (ii) that would be such an agricultural chemical product, apart from regulations made for the purposes of paragraph 4(4)(b) of that Code; or
 (g) a substance or mixture of substances:
 (i) that is a veterinary chemical product (within the meaning of that Code); or
 (ii) to which paragraph 5(4)(a) of that Code applies; or
 (iii) that would be such a veterinary chemical product, apart from regulations made for the purposes of paragraph 5(4)(b) of that Code; or
 (h) a substance or mixture of substances that is an active constituent (within the meaning of that Code) for a proposed or existing chemical product (within the meaning of that Code), and that:
 (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(1) 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
 (i) an industrial chemical within the meaning of the Industrial Chemicals Act 2019; or
 (ia) a plant or fungus, or an extract from a plant or fungus; or
 (j) a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor; or
 (k) a prohibited import within the meaning of the Customs Act 1901; or
 (l) 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)).
 (3) Subsection (2) does not apply to a substance that contains any psychoactive substance that is not of a kind specified in any of paragraphs (2)(a) to (l).
 (4) In a prosecution for an offence under subsection (1), it is not necessary to prove that the defendant was reckless as to:
 (a) the particular identity of the substance; or