AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 92

Revocation or suspension of rights

(1)  Notwithstanding any other provision of this Act but subject to this section, the Minister may, by notice in writing to a person, suspend or revoke any right conferred on that person by or under this Act –
(a) to make, refine, prepare, prescribe, sell, supply, or have in his possession a scheduled substance, prohibited substance, or raw narcotic; or
(b) to grow, or use or have in his possession, a prohibited plant–
and may, at any time, by notice in writing to that person, remove the suspension or restore that right.
(2)  A notice under subsection (1) shall be served on the person to whom it is directed –
(a) personally;
(b) by sending the notice or a copy of the notice to that person by post at his last-known place of residence, business, or employment; or
(c) in the case of a body corporate, by sending the notice or a copy of the notice by post to the registered office (if any) of the body corporate or by serving the notice personally on the manager, secretary, or other executive officer of the body corporate.
(3)  A suspension under subsection (1) has effect for such period (not exceeding 21 days) as the Minister determines and specifies in the notice of suspension, but that period may be extended for such further period as may be ordered by a magistrate on application made to, and heard and determined by, him as prescribed.
(4)  A person who is aggrieved by the suspension or revocation by the Minister pursuant to subsection (1) of such a right as is referred to in that subsection may apply to the Magistrates Court (Administrative Appeals Division) for a review of the suspension or revocation.
(4A)  A person who is aggrieved by an order by a magistrate under subsection (3) extending the period of such a suspension may appeal to the Supreme Court which has jurisdiction to hear and determine the appeal.
(5)  An appeal under subsection (4A) is to be brought within 14 days of the date of the making of the order of the magistrate and, subject to this subsection, shall be instituted, heard and determined in accordance with the Rules of Court relating to appeals from inferior courts (other than licensing courts) as nearly as possible as if the magistrate were an inferior court and the order of the magistrate were a judgment of such a court.
(6)  The Minister shall not, pursuant to this section, suspend or revoke a right referred to in subsection (1) unless, after giving the person on whom the right is conferred an opportunity to be heard and having regard to the evidence before him, he is satisfied that –
(a) the person, in relation to that right, is or has been guilty of conduct which –
(i) is an abuse of that right or a contravention of or failure to comply with a provision of this Act; or
(ii) shows him to be unfit to enjoy that right; or
(b) in the interests of the person's health or welfare, it is desirable to suspend or revoke the right; or
(c) it is in the public interest to suspend or revoke the right.
(7)  In this section, a reference to a right conferred on a person by or under this Act is a reference to –
(a) a right arising by virtue of a licence, permit, authorisation or authority issued, conferred or granted by or under this Act conferring on the holder of the licence, permit, authorisation or authority the right to make, refine, prepare, prescribe, sell, supply, or have in his possession or use a substance or plant of a kind referred to in subsection (1) ; or
(b) a right, privilege, or freedom arising by virtue of an exception or exemption provided for by or under this Act to do any of the things referred to in paragraph (a) .



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