South Australian Current Regulations

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CONTROLLED SUBSTANCES (POISONS) REGULATIONS 2011 - REG 47

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.



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