South Australian Current Acts South Australian Current Acts33LF—Manufacturing, packaging, selling or supplying substance promoted
as controlled drug alternative
(1) 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.
(2) 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).
(3) 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:
(a) for
a basic offence—
(i)
if the offender is a serious drug
offender—$30 000 or imprisonment for 7 years, or both; or
(ii)
in any other case—$20 000 or imprisonment for 5
years, or both;
(b) for
an aggravated offence—$30 000 or imprisonment for 7 years, or both.
(4) A notice to be
given to a person under this section—
(a) in
the case of a notice under subsection (1)—must be served on the
person personally; or
(b) in
the case of a notice under subsection (2)—may be served personally
or by post.