Storage and sale of certain precursors
17B Storage and sale of certain precursors
A person must not sell a poison to which this section applies (a section 17B precursor) to another person unless—
the purchaser holds an account with the seller; and
the sale is transacted as a sale on account pursuant to a duly completed order form supplied by the purchaser; and
the order form is accompanied by a duly completed end user statement in the form prescribed by regulation; and
the person collecting the precursor produces his or her driver's licence, passport or other satisfactory evidence of the person's identity that includes a photograph; and
the seller is satisfied that the person collecting the precursor is the purchaser or is acting on behalf of the purchaser; and
the seller duly completes the seller's section of the end user statement. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 3 years, or both.
A seller of section 17B precursors—
must, in relation to each sale of such a precursor, keep a record of—
the name and address of the purchaser; and
the name of the precursor and the quantity sold; and
the date of the sale; and
must retain an end user statement for at least 5 years after the date of the sale to which it relates; and
must make the record referred to in paragraph (a) and the end user statements available for inspection at any time by an authorised officer. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 3 years, or both.
A seller of section 17B precursors must, if at any time he or she forms a suspicion that an order or enquiry for the purchase of such a precursor may be connected to an unlawful use of the precursor, inform the Commissioner of Police of the suspicion. Maximum penalty: Maximum penalty: $1 000 or imprisonment for 12 months, or both.
A seller of section 17B precursors—
must keep those precursors in storage that is secure from access by any person other than the seller or a person who is authorised in writing by the seller to have such access; and
must retain such a written authorisation while it is current and for at least 5 years after it ceases to have effect and make it available for inspection at any time by an authorised officer; and
must cause the stock of those precursors to be checked, after each sale, by some person other than the person who directly handled the sale. Maximum penalty: Maximum penalty: $1 000 or imprisonment for 12 months, or both.
This section does not apply in relation to the sale of a section 17B precursor if the sale—
is of a section 17B precursor contained in a preparation designed, packaged and labelled for human or animal therapeutic use; and
is made to, or by, a registered health practitioner or veterinarian acting in the ordinary course of his or her profession.
This section applies to such poisons as may be prescribed, individually or by class, by the regulations.
This provision refers to the regulations (prescribed by regulation
, the regulations
). Made under this Act:
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