South Australian Numbered Acts

CONTROLLED SUBSTANCES (SERIOUS DRUG OFFENCES) AMENDMENT ACT 2005 (NO 80 OF 2005) - SECT 24

24—Insertion of section 57A

After section 57 insert:

57A—Warnings

        (1)         Subject to this section, if the Minister is satisfied that—

            (a)         a substance or device might be dangerous to persons consuming or using the substance or device (whether because of a failure to comply with a requirement under this Act or otherwise); or

            (b)         an advertisement or other published material relating to a substance or device contains instructions or other material that might be dangerous to persons consuming or using the substance or device,

the Minister may take such action as the Minister thinks fit to warn the public against the risks or potential risks.

        (2)         The Minister may only take action under this section—

            (a)         in relation to a substance, if the substance is a poison or therapeutic substance or is a substance that the Minister is satisfied has the potential to be harmful to humans or is or may be used, or is designed to be used, as a therapeutic substance; or

            (b)         in relation to a device, if the device is a therapeutic device or is a device that the Minister is satisfied is or may be used, or is designed to be used—

                  (i)         for a purpose related to the physical or mental health or hygiene of humans; or

                  (ii)         for the purposes of contraception; or

                  (iii)         for cosmetic purposes.

        (3)         For the purpose of subsection (1), the Minister may publish the trade name or description of a substance or device and may identify manufacturers, sellers, suppliers or importers of the substance or device.