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In forceAmended2020 Revised Edition
Contents

Part 3A · Control of Part 3A Products Containing Specified Psychoactive Substances, and Treatment and Rehabilitation

19G. Offences involving child or young person and Part 3A product containing specified psychoactive substance

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Amended

Last amended by an amending law of 2026.

(1)

Subject to subsection (4), a person of or above 21 years of age commits an offence if the person, being in possession of any Part 3A product that contains a specified psychoactive substance (called in this section a Part 3A‑SPS product) —

(a)

knowingly or recklessly leaves the Part 3A‑SPS product —

(i)

exposed in any place; or

(ii)

in any refrigerator, cupboard, cabinet, box, chest or any other article, that is not locked; and

(b)

knows that any child has, or is likely to have, access to —

(i)

the place where the Part 3A-SPS product is left exposed; or

(ii)

the refrigerator, cupboard, cabinet, box, chest or other article in which the Part 3A-SPS product is located.

(2)

A person of or above 21 years of age commits an offence if the person, being in possession of any Part 3A-SPS product —

(a)

permits a young person to use the Part 3A-SPS product to smoke, inhale or otherwise consume a specified psychoactive substance; or

(b)

does not take all reasonable steps to prevent a young person from using the Part 3A-SPS product to smoke, inhale or otherwise consume a specified psychoactive substance.

(3)

A person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with —

(a)

imprisonment for a term not exceeding 10 years; or

(b)

in the case of a second or subsequent conviction, imprisonment for a term of not less than 2 years and not more than 10 years.

(4)

Subsection (1) does not apply in relation to a person who is in possession of any Part 3A-SPS product if the possession of the Part 3A‑SPS product is authorised under this Act.

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Part 3B

Duties of Responsible Persons in Relation to Specified Premises

Part 4

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