Queensland Numbered Acts

MEDICINES AND POISONS ACT 2019 - SECT 127

127 Statement of warning

(1) The Minister, chief executive or chief health officer (each a
"senior administrator" ) may make a public statement identifying, and giving warnings or information about, any of the following matters—

(a) contraventions of this Act that have resulted in notification action being taken and the persons who committed the contraventions;

(b) practices regulated under a relevant law that, in the reasonable opinion of the senior administrator, are unlawful;

(c) offences committed against a relevant law and the persons who committed the offences.

(2) The statement may identify particular contraventions, practices, offences and persons.

(3) The senior administrator must not make a statement under this section unless satisfied—

(a) it is in the public interest to make the statement; and

(b) a public statement or warning has not been made, and is not about to be made, under another Act or process that is more appropriate in the circumstances.

(4) Without limiting what is in the public interest for subsection (3) (a) , it is in the public interest to make the public statement if the senior administrator is satisfied the statement is reasonably necessary to prevent or minimise a health risk in relation to a regulated substance.

(5) No liability is incurred by the State for the making of, or for anything done for the purpose of making, a public statement under this section in good faith.

(6) In this section—

"chief health officer" means the chief health officer under the Hospital and Health Boards Act 2011 , section 52 .

"notification action" means—

(a) giving a compliance notice; or

(b) making a recall order; or

(c) taking immediate administrative action under section 102 ; or

(d) giving a show cause notice under chapter 4 , part 3 .

"relevant law" means—

(a) this Act; or

(b) the Agricultural and Veterinary Chemicals (Queensland) Act 1994 ; or

(c) the Agricultural Chemicals Distribution Control Act 1966 ; or

(d) the Chemical Usage (Agricultural and Veterinary) Control Act 1988 .