AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 31

Modification of section 28 in relation to certain sales, &c.

(1)  To the extent to which the provisions of section 28 require an entry in the poisons book to be signed by the person to whom a hazardous poison is sold or supplied, those provisions do not, if the conditions referred to in subsection (2) are observed, apply to or in relation to the sale or supply of such a poison to a person (in this section referred to as "the buyer" ) who is a medical practitioner, dentist, authorised health professional or veterinary surgeon and who requires the poison for use for the purposes, or in the conduct, of his profession.
(2)  The conditions to be observed for the purposes of subsection (1) are that the person (in this section referred to as "the seller" ) by whom a hazardous poison is sold or supplied as mentioned in that subsection –
(a) has received, before the sale or supply thereof, an order in writing signed by the buyer stating the name and address of the buyer and the name and quantity of the hazardous poison to be sold or supplied to him;
(b) is satisfied that the signature affixed to the order is in fact the signature of the person purporting to sign it and that that person is a medical practitioner, dentist, authorised health professional or veterinary surgeon;
(c) delivers the poison personally to the buyer or sends it to the buyer by registered post;
(d) enters in the poisons book, in the appropriate column, the words "Signed order" , followed by the date on which the order is executed; and
(e) preserves the order for a period of at least 5 years after the day on which he receives it.
(3)  Notwithstanding any other provision of this Part, if the seller is satisfied that the buyer urgently requires a hazardous poison for use for the purposes, or in the conduct, of his profession but is, by reason of some emergency, unable before delivery either to furnish to the seller an order in writing duly signed, or to attend and sign the poisons book he may send the poison to the buyer to be handed over to him either in exchange for such an order or on the undertaking by the buyer to furnish such an order to the seller within the 24 hours next following.
(4)  A person who –
(a) being the buyer, gives such an undertaking as is mentioned in subsection (3) and fails to deliver to the seller a signed order in accordance with the undertaking;
(b) whether he is the buyer or not, for the purpose of obtaining delivery of a hazardous poison under subsection (3) , makes a statement that, to his knowledge, is false; or
(c) otherwise contravenes or fails to comply with a provision of this section that is applicable to him –
is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.
(5)  For the purposes of this section, a signature includes an electronic signature.



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