47—Offences relating to sale or supply of poisons
(1) A person must not,
in any residential premises, or from door-to-door, or in a public place, sell
or supply—
(a) an
S2 poison, S3 poison, S4 poison, S7 poison or S8 poison; or
(b) an
S5 poison or S6 poison that is not a product sample.
Maximum penalty: $5 000.
(2) A person must not,
in any residential premises, or from door-to-door, or in a public place, sell
or supply an S5 poison or S6 poison that is a product sample except as
permitted by Part 2 Section 61 of the Uniform Poisons Standard.
Maximum penalty: $5 000.
(3) For the purposes
of subregulations (1) and (2), a poison is a product sample if—
(a) it
is supplied directly to the consumer free of charge, or at a nominal charge,
as a mechanism to promote the sale of the product; and
(b) it
is supplied in a small pack produced specifically for the purposes of
promotion, or packaged in a normal commercial pack that in other circumstances
a consumer would need to purchase.
(4) A person must not
sell or supply an S2 poison, S3 poison, S4 poison or S8 poison in a container
that—
(a) is
normally used for containing food or beverages; or
(b) is
similar to a container that is normally used for containing food or beverages.
Maximum penalty: $5 000.
(5) A person must not
sell any liquid preparation or admixture containing paraquat unless it is
coloured blue or green and contains a stenching agent in sufficient quantity
to produce an offensive odour.
Maximum penalty: $5 000.
(6) In this
regulation—
"public place" includes—
(a) a
place to which free access is permitted to the public, with the express or
tacit consent of the owner or occupier of that place; and
(b) a
place to which the public are admitted on payment of money, the test of
admittance being the payment of money only; and
(c) a
road, street, footway, court, alley or thoroughfare that the public are
allowed to use, notwithstanding that the road, street, footway, court, alley
or thoroughfare is on private property.