Australian Capital Territory Current Acts

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MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2008 - SECT 39

Reporting loss and theft of certain regulated substances

    (1)     In this section:

"reportable substance" means—

        (a)     a controlled medicine; or

        (b)     a dangerous poison; or

        (c)     a prohibited substance; or

        (d)     a schedule 10 substance; or

        (e)     another regulated substance prescribed by regulation.

    (2)     A person commits an offence if—

        (a)     the person is authorised to possess a reportable substance; and

        (b)     the person possesses the substance; and

        (c)     the substance is lost or the person suspects that the substance has been lost; and

        (d)     the person fails to tell the chief health officer, in writing, about the loss or suspected loss and how it happened as soon as practicable (but not later than 7 days) after the day the person becomes aware of the loss or suspected loss.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     A person commits an offence if—

        (a)     the person is authorised to possess a reportable substance; and

        (b)     the person possesses the substance; and

        (c)     the substance is stolen or the person suspects that the substance has been stolen; and

        (d)     the person fails to tell the chief health officer and a police officer about the theft or suspected theft—

              (i)     orally immediately after the person becomes aware of the theft or suspected theft; and

              (ii)     in writing not later than 24 hours after the person becomes aware of the theft or suspected theft.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.



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