Northern Territory Consolidated Acts

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MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2012 - SECT 115

Temporary prohibition on dealing with substance

    (1)     This section applies if the CHO is satisfied, because of urgent circumstances, it is necessary to immediately prohibit dealing with a substance to promote or protect public health and safety.

    (2)     The CHO may, by Gazette notice, prohibit the dealing subject to the conditions the CHO considers appropriate.

    (3)     The notice must state the particulars of the prohibition, including the following:

        (a)     the substance;

        (b)     the kind of dealing prohibited;

        (c)     the reasons for the prohibition;

        (d)     the conditions of the prohibition.

    (4)     A person must not engage in conduct that results in a contravention of the prohibition.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (5)     The notice has effect despite another provision of this Act.

    (6)     The notice ceases to have effect on the earlier of the following:

        (a)     the date stated in it;

        (b)     3 months after it commences.

    (7)     In this section:

"dealing with", for a substance, means to do any of the things mentioned in section 17(a) to (j) with the substance.

"substance" means a substance mentioned in a Schedule or Appendix to the medicines and poisons standard (whether or not the standard applies to the substance).

Note for section 115

Because clause 1(2) of the medicines and poisons standard applies to the interpretation of this Act under section 15(2), a substance includes:

(a)     a substance prepared from natural sources or artificially; and

(b)     every salt, active principle or derivative of the substance; and

(c)     a preparation or admixture containing any proportion of the substance.



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