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POISONS ACT 1971 - SECT 60 Power to demand, select, and take samples

POISONS ACT 1971 - SECT 60

PART VI - Miscellaneous Division 1 - Analysis and examination of scheduled substances and scheduled plants Power to demand, select, and take samples

(1)  On payment or tender to a person (in this section referred to as "the seller" ) engaged in the business of selling or manufacturing a scheduled substance or to the agent or servant of the seller, or to a person in charge of such a substance, either in transit or otherwise, of the current market value thereof or at the rate of payment prescribed, an inspector may demand and select and take or obtain a sample of that substance as required by him for the purposes of this Act.
(2)  The inspector may require the seller, or his agent or servant, or the person in charge of the substance, either in transit or otherwise, to show, and permit the inspection of, any package or container in which the substance is kept, and may take or draw, or require the seller or his agent or servant, or the person so in charge of the substance to take or draw, from the package or container the sample demanded.
(3)  Where a substance is kept for retail sale in a closed package, a person shall not be required by an inspector pursuant to this section to sell less than the whole of the contents of the package.
(4)  The procuring by an inspector of a sample of a substance pursuant to this section and the payment or tender of the current market value thereof or at the rate of payment prescribed, shall, for the purposes of this Act, be deemed to be a sale by the seller, or by his agent or servant or the person in charge of the substance, as the case may be, to the inspector of the substance contained in the sample.
(5)  If rates have been prescribed for the payment for samples of substances, it is not necessary for an inspector to tender a higher price for a sample.
(6)  A person may, on payment of the prescribed fee together with the cost of the sample, require an inspector to purchase a sample of a substance and submit the sample for analysis or examination.