Australian Capital Territory Numbered Regulations

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

    (1)     A person (the seller ) who sells pseudoephedrine to someone (the buyer ) by retail must, at the time of the sale, make a record of the following:

        (a)     the date of sale;

        (b)     the brand name, dosage form and quantity of pseudoephedrine sold;

        (c)     the buyer's name and address;

        (d)     a unique identification number for the buyer from—

              (i)     a photo identification document produced to the seller by the buyer; or

Example

a person's driver licence number

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

              (ii)     if the buyer cannot produce a photo identification document—a non-photo identification document produced to the seller by the buyer;

        (e)     the kind of identification the buyer produces.

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

    (2)     The record must be—

        (a)     in English; and

        (b)     in writing; and

Note     Under the Electronic Transactions Act 2001 , s 11 records may be kept electronically in some cases.

        (c)     made in such a way that the record is easily retrievable.

    (3)     A person commits an offence if the person—

        (a)     sells pseudoephedrine by retail; and

        (b)     does not make a record in accordance with this section.

Maximum penalty: 10 penalty units.

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

    (5)     In this section:

"non-photo identification document", for a person, means either of the following documents:

        (a)     the person's birth certificate that—

              (i)     identifies the issuing jurisdiction; and

              (ii)     states the date of issue;

        (b)     an Australian or New Zealand seniors card.

"photo identification document", for a person, means any of the following documents if the document is current and contains the person's photograph:

        (a)     the person's Australian driver licence;

        (b)     the person's external driver licence;

        (c)     the person's passport, other than an Australian passport;

        (d)     the person's proof of age card;

        (e)     the person's Australian student identification card.

Note     This provision includes the following terms that are defined in the dictionary: Australian student identification "card", birth certificate , external driver licence , proof of age card .