South Australian Current Acts South Australian Current Acts17B—Storage and sale of certain precursors
(1) A person must not
sell a poison to which this section applies (a " section 17B
precursor") to another person unless—
(a) the
purchaser holds an account with the seller; and
(b) the
sale is transacted as a sale on account pursuant to a duly completed order
form supplied by the purchaser; and
(c) the
order form is accompanied by a duly completed end user statement in the form
prescribed by regulation; and
(d) 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
(e) the
seller is satisfied that the person collecting the precursor is the purchaser
or is acting on behalf of the purchaser; and
(f) the
seller duly completes the seller's section of the end user statement.
Maximum penalty: $10 000 or imprisonment for 3 years, or both.
(2) A seller of
section 17B precursors—
(a)
must, in relation to each sale of such a precursor, keep a record of—
(i)
the name and address of the purchaser; and
(ii)
the name of the precursor and the quantity sold; and
(iii)
the date of the sale; and
(b) must
retain an end user statement for at least 5 years after the date of the
sale to which it relates; and
(c) 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: $10 000 or imprisonment for 3 years, or both.
(3) 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: $1 000 or imprisonment for 12 months, or both.
(4) A seller of
section 17B precursors—
(a) 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
(b) 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
(c) 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: $1 000 or imprisonment for 12 months, or both.
(5) This section does
not apply in relation to the sale of a section 17B precursor if the
sale—
(a) is
of a section 17B precursor contained in a preparation designed, packaged
and labelled for human or animal therapeutic use; and
(b) is
made to, or by, a registered health practitioner or veterinary surgeon acting
in the ordinary course of his or her profession.
(6) This section
applies to such poisons as may be prescribed, individually or by class, by the
regulations.