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Section 428A Crimes Act 1900

Section 428A of the Crimes Act 1900 is Definitions and is extracted below.

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The Legislation

Section 428A of the Crimes Act 1900 deals with ‘Definitions’ and reads as follows:

428A Definitions

In this Part:

“drug” includes a drug within the meaning of the Drug Misuse and Trafficking Act 1985 and a poison, restricted substance or drug of addiction within the meaning of the Poisons and Therapeutic Goods Act 1966 .

“intoxication” means intoxication because of the influence of alcohol, a drug or any other substance.

“offence” includes an attempt to commit the offence.

“offence of specific intent” is defined in section 428B.

“relevant conduct” means an act or omission necessary to constitute the actus reus of an offence.

“self-induced intoxication” means any intoxication except intoxication that:

(a) is involuntary, or

(b) results from fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force, or

(c) results from the administration of a drug for which a prescription is required in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner or dentist, or of a drug for which no prescription is required administered for the purpose, and in accordance with the dosage level recommended, in the manufacturer’s instructions.

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