(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.