Australian Capital Territory Numbered Regulations

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POISONS AMENDMENT REGULATION 2007 (NO 1) (NO 33 OF 2007) - REG 5A

Requirement to tell buyer about pseudoephedrine record

    (1)     This section applies if a person (the seller ) sells pseudoephedrine to someone (the" buyer") by retail.

Note     Sell by retail does not include selling on prescription (see dictionary).

    (2)     The seller must tell the buyer the following:

        (a)     that the seller is required to make a record of the sale;

        (b)     that the buyer may refuse to provide information for the record but, if the buyer refuses, the seller must not sell pseudoephedrine to the buyer;

        (c)     that the record may be made available to the following people:

              (i)     a police officer;

              (ii)     a public servant who is a member of the administrative unit to which the chief health officer belongs;

              (iii)     anyone else who supplies pseudoephedrine to the public in Australia;

              (iv)     a public servant of the Commonwealth or of a State who is a member of an administrative unit that administers legislation about poisons;

              (v)     the Pharmacy Guild of Australia;

        (d)     that the buyer has the right to access the record and have any mistake corrected.

Note     If a form is approved under the Act, s 20A for this provision, the form must be used.

    (3)     A person commits an offence if—

        (a)     the person sells pseudoephedrine by retail to someone else (the buyer ); and

        (b)     before the sale, the person did not tell the buyer something the person was required under subsection (2) to tell the buyer.

Maximum penalty: 10 penalty units.

    (4)     An offence against this section is a strict liability offence.

    (5)     In this section:

"police officer "includes a member of a police force (however described) of a State.



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