19P. Proof of psychoactive effect of specified psychoactive substance

Any substance or product that is specified in the Schedule is presumed, until the contrary is proved, to have the capacity to have a psychoactive effect on an individual if the individual smokes, inhales or otherwise consumes, the substance or product.

Where knowledge that a substance or product is a specified psychoactive substance is a fault element of an offence in this Act, that fault element is established if the person alleged to have committed the offence knows that the specified psychoactive substance has the capacity, or is presumed to have the capacity, to have a psychoactive effect on an individual if the individual smokes, inhales or otherwise consumes, the substance or product, whether or not that person knows the name or chemical composition of the specified psychoactive substance.