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POISONS ACT 1971 - SECT 45 Restriction of importation

POISONS ACT 1971 - SECT 45

Division 2 - Restrictions on the importation, making, refining, preparation, sale, supply, possession, cultivation, and use of narcotics and prohibited plants Restriction of importation

(1)  Subject to subsection (4) , a person must not import or bring into the State a raw narcotic or narcotic substance except into an approved port.
Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.
(2)  A person must not import or bring into the State a raw narcotic or narcotic substance unless the person is –
(a) the holder of a licence granted by the Minister under this Part, acting in accordance with the terms of that licence; or
(ab) a person who –
(i) has been lawfully supplied with the raw narcotic or narcotic substance in another jurisdiction; and
(ii) is importing, or bringing into the State, the raw narcotic or narcotic substance to provide ambulance services under the Ambulance Service Act 1982 ; or
(b) a person authorised under subsection (3) .
Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.
(3)  A pharmacist, licensed manufacturing chemist or licensed wholesale chemist, in the lawful practice of his or her profession or business, is authorised to import or bring into the State a raw narcotic or narcotic substance.
(4)  A person may bring into the State a raw narcotic or narcotic substance if –
(a) the raw narcotic or narcotic substance was lawfully prescribed and dispensed to the person in another State or a Territory for the use of the person or a member of his or her immediate family; and
(b) the person brought the substance into this State with them, either on their person or in their luggage.
(5)  A person may bring into the State a raw narcotic or narcotic substance if –
(a) the raw narcotic or narcotic substance was lawfully prescribed and dispensed to the person in another country for the use of the person or a member of his or her immediate family; and
(b) the raw narcotic or narcotic substance was declared on entry to Australia; and
(c) the person brought the substance into this State with them, either on their person or in their luggage.