Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative
33LF Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative
If a police officer reasonably suspects that a person intends to manufacture, package, sell or supply a substance that is being, or is to be, promoted in a manner prohibited under section 33LE, the officer may give the person a notice (containing any particulars prescribed by the regulations) warning the person that if he or she manufactures, packages, sells or supplies the substance he or she will be guilty of an offence.
A notice given to a person under subsection (1) may be revoked at any time by further notice given to the person by a police officer (and must be so revoked if a police officer is satisfied that the substance to which the notices relates is not being, and is not to be, promoted in a manner prohibited under section 33LE).
A person who has been given a notice under subsection (1) and who subsequently manufactures, sells or supplies the substance specified in the notice is guilty of an offence. Maximum penalty: Maximum penalty:
for a basic offence—
if the offender is a serious drug offender—$30 000 or imprisonment for 7 years, or both; or
in any other case—$20 000 or imprisonment for 5 years, or both;
for an aggravated offence—$30 000 or imprisonment for 7 years, or both.
A notice to be given to a person under this section—
in the case of a notice under subsection (1)—must be served on the person personally; or
in the case of a notice under subsection (2)—may be served personally or by post.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
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