Part 3
Restricted substances

31 Interpretation
  • In this Part, unless the context otherwise requires,—

    advertising

    • (a) means any words, whether written, printed, or spoken, and any pictorial representation or design, used or appearing to be used to promote the sale of a substance (including, without limitation, any sign, publication, or leaflet); and

    • (b) includes any matter referred to in paragraph (a) that is represented in an electronic or digital medium

    code of manufacturing practice means a code of practice for the manufacturing of restricted substances issued or approved under section 63

    distributor means a person engaged in the business of selling restricted substances, otherwise than at retail only

    enforcement officer means an officer appointed under section 55

    manufacturer includes any company with which a manufacturer is associated within the meaning of subpart YB of the Income Tax Act 2007

    restricted substance means a substance specified or described in Schedule 4 that is not in a preparation, concentration, form, or use exempted from being a restricted substance by regulations made under this Part

    retailer means a person engaged in any business that includes the sale of restricted substances, at retail

    sale, in relation to a restricted substance, includes every method of disposition for valuable consideration, including, without limitation,—

    • (a) bartering; and

    • (b) offering or attempting to sell or having in possession for sale, or exposing, sending, or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale; and

    • (c) retailing; and

    • (d) wholesaling

    substance

    • (a) means any mixture, preparation, or article that is manufactured for the primary purpose of being administered, ingested, inhaled, or injected in order to induce a psychoactive response; but

    supply means distribute or give, but does not include sell.

    Section 31 manufacturer: amended, on 1 April 2010, by section 861 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

    Section 31 manufacturer: amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

    Section 31 substance paragraph (b)(v): repealed, on 9 August 2011, by section 15 of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

    Section 31 substance paragraph (b)(viii): repealed, on 9 August 2011, by section 15 of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).