Document ID: chunk:federal_register_of_legislation:C2015A00012:clause:1_1:p3
Version: federal_register_of_legislation:C2015A00012
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 3/4)
Character Range: 10496–13236

reckless as to:
 (a) the particular identity of the substance; or
 (b) whether the substance had a particular psychoactive effect.

320.3  Importing substances represented to be serious drug alternatives
 (1) A person commits an offence if:
 (a) the person imports a substance; and
 (b) at the time of the importation, the presentation of the substance includes an express or implied representation that the substance is a serious drug alternative.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
 (2) For the purposes of paragraph (1)(b), the presentation of a substance includes, but is not limited to, matters relating to:
 (a) the name of the substance; and
 (b) the labelling and packaging of the substance and
 (c) any advertising or other informational material associated with the substance.
 (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) goods that are listed goods, or registered goods, within the meaning of the Therapeutic Goods Act 1989; or
 (c) 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
 (d) a substance or mixture of substances that is a 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), and that:
 (i) is a registered chemical product (within the meaning of that Code); or
 (ii) is a reserved chemical product (within the meaning of that Code); or
 (iii) is an exempt chemical product (within the meaning of subsection 69B(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992); or
 (iv) is imported into Australia with the written consent of the Australian Pesticides and Veterinary Medicines Authority under subsection 69B(1B) of that Act; or
 (e) 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(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992); or
 (iii) is imported into Australia