AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 27

Licences to sell certain substances

(1AA)  A person may apply to the Minister for –
(a) the grant of a licence under subsection (1) ; or
(b) the renewal of a licence granted to the person under subsection (1) .
(1)  The Minister may, on the application of the person under subsection (1AA) , grant or refuse to grant, a licence to sell or supply substances to which this section applies to a person (not being a pharmacist) who–
(a) keeps an open shop in a place that is situated at least 10 kilometres by the nearest practicable route from a place in which a pharmacist carries on the business of a pharmacy; and
(b) produces to the Minister a certificate from a medical practitioner, or a magistrate, or the mayor of the municipal area in which that person carries on business certifying that that person is a fit and proper person to sell, in the place where his shop is situated, substances to which this section applies –
or renew, or refuse to renew, such a licence granted to the person.
(2)  .  .  .  .  .  .  .  .  
(3)  A licence under this section –
(a) .  .  .  .  .  .  .  .  
(b) .  .  .  .  .  .  .  .  
(c) unless it is sooner cancelled, continues in force from the day following the day on which it is granted until the following 31st December, but, subject to Part 1A , may be renewed for further periods not exceeding 12 months at any one time; and
(d) while in force authorises the holder thereof, subject to this Act, to sell or supply to other persons in and from the shop specified in the licence substances to which this section applies, or such classes or kinds of those substances, as are specified in the licence.
(3A)  .  .  .  .  .  .  .  .  
(3B)  .  .  .  .  .  .  .  .  
(3C)  .  .  .  .  .  .  .  .  
(4)  .  .  .  .  .  .  .  .  
(5)  The holder of a licence under this section –
(a) shall keep the substances to which the licence relates in such a receptacle and in such a manner as may be prescribed or as is specified in his licence;
(b) shall not keep or place, or cause or suffer to be kept or placed, in that receptacle any articles other than substances that he is authorised by his licence to sell or supply in and from his shop;
(c) shall permit an inspector at all reasonable times to inspect that receptacle and the licensee's method of keeping substances to which this section applies;
(d) shall not sell or supply substances to which this section applies otherwise than in unopened containers bearing the name, and the address of the place of business, of a licensed manufacturing chemist, a licensed wholesale chemist, or a pharmacist, or, in the case of such a substance which was manufactured outside Tasmania, of the manufacturer of the substance; and
(e) shall comply with or not contravene, as the case requires, any condition or restriction to which the licence is subject.
(6)  If the holder of such a licence contravenes or fails to comply with any provision of this section that is applicable to him he is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.
(7)  In this section, substances to which this section applies means substances that are –
(a) hazardous poisons;
(b) medicinal poisons; or
(c) potent substances.



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