South Australian Current Acts

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CONTROLLED SUBSTANCES ACT 1984 - SECT 57

57—Power of Minister to prohibit certain activities

        (1)         If a person—

            (a)         has been convicted of an offence against this Act; or

            (b)         has, in the opinion of the Minister, contravened or failed to comply with a condition of a licence, authority or permit granted under this Act; or

            (c)         has, in the opinion of the Minister, prescribed, sold, supplied or administered a prescription drug in an irresponsible manner,

the Minister may, by order, prohibit the person from manufacturing, producing, packaging, selling, supplying, prescribing, administering, using or having possession of any substance or device specified in the order.

        (2)         The Minister may, by subsequent order, revoke an order under subsection (1).

        (3)         The Minister must publish an order made under subsection (1) or (2) in the Gazette and must cause a copy of the order to be served personally or by post on the person to whom it applies.

        (4)         A person must not contravene an order made under this section.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (5)         If the Minister decides to make an order under subsection (1), a person to whom the order applies may seek a review of the Minister's decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 .

        (6)         Subject to subsection (8), an application for a review must be made within 1 month after the applicant receives notice of the relevant order.

        (7)         The Minister must, if required by the person applying for a review, state in writing the reasons for the order.

        (8)         If the reasons of the Minister are not given in writing at the time of making the decision that is to be the subject of a review and the person seeking the review, within 1 month of the making of the decision, requires the Minister's reasons in writing, the time for applying for a review runs from the time when the person receives the written statement of those reasons.



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