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POISONS AND THERAPEUTIC GOODS REGULATION 2008 - REG 175 Secretary may restrict authorisations conferred by this Regulation

POISONS AND THERAPEUTIC GOODS REGULATION 2008 - REG 175

Secretary may restrict authorisations conferred by this Regulation

175 Secretary may restrict authorisations conferred by this Regulation

(1) The Secretary may, by order in writing served on any person, prohibit or restrict the person from doing anything authorised by this Regulation.
(2) Such an order may be made on any one or more of the following grounds--
(a) the person requests or agrees in writing to the making of the order,
(b) the person is convicted of an offence against the Act or this Regulation, or of an offence against the Drug Misuse and Trafficking Act 1985 or any regulation in force under that Act, or an order is made against the person under section 10(1) of the Crimes (Sentencing Procedure) Act 1999 in respect of such an offence,
(c) the person has, in the opinion of the Secretary, failed to comply with any restriction imposed on the person by an order under this clause,
(d) the person is, in the opinion of the Secretary, a person whose authorisation to do that thing should be withdrawn for the purpose of protecting the life, or the physical or mental health, of that or any other person (whether or not any other such person is identifiable).
(3) An order that restricts a person as referred to in subclause (1)--
(a) may be made unconditionally or subject to conditions, and
(b) may apply generally or be limited in its application by reference to specified exceptions or factors, and
(c) may apply differently according to different factors of a specified kind.
(4) An order under this clause must specify the grounds on which it is made including, if it is made on the grounds referred to in subclause (2)(d), the reasons for its withdrawal on those grounds.
(5) An order under this clause takes effect--
(a) in the case of an order made on the grounds referred to in subclause (2)(d), when the order is served on the person against whom it is made, or
(b) in any other case, the date specified in the order in that regard.
(6) Except in the case of an order that is made on the ground referred to in subclause (2)(a), the date referred to in subclause (5)(b) must be a date occurring not less than 14 days after the date on which the order is served on the person against whom it is made.
(7) On making an order that prohibits a person from doing all of the things authorised by Part 2, 3, 4 or 5 of this Regulation, or by any two or more of those Parts, the Secretary is to cause notice of--
(a) the name of the person, and
(b) the terms of the order, and
(c) the date on which the order took effect,
to be published in the Gazette.
(8) A person must not contravene any order in force under this clause.
: Maximum penalty--20 penalty units or imprisonment for 6 months, or both.