sec.131AEvidence of medicine or poison or veterinary chemical product by container

### sec.131A Evidence of medicine or poison or veterinary chemical product by container This section applies if, in a proceeding for an offence against this Act, it is relevant to prove that a substance owned or supplied by, or in the possession of, a person was— a medicine or poison; or a veterinary chemical product. In the absence of proof to the contrary, the substance is proved to have been the medicine or poison or veterinary chemical product shown on the label of the container in which it is contained if— there is evidence that the container containing the substance was a sealed medicine or poison container; and a police officer gives evidence that the police officer believes the sealed medicine or poison container contained a medicine or poison or veterinary chemical product; and the court considers that belief to be reasonably held by the police officer; and the defendant was served with a prosecution information notice specifying the medicine or poison or veterinary chemical product; and the defendant has not given a challenge notice to the commissioner of the police service. In this section— medicine or poison means a medicine or poison that is registered or exempt under the Therapeutic Goods Act 1989 (Cwlth) . sealed medicine or poison container is a container— that appears to contain— a medicine or poison; or a veterinary chemical product; and that has a label indicating that the substance is a medicine or poison or a veterinary chemical product; and that has an indicator or barrier to entry— that can reasonably be expected to provide visible or audible evidence to consumers that tampering may have occurred; and that is not breached or missing. veterinary chemical product means a veterinary chemical product within the meaning of the code set out in the schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) . s 131A ins 2006 No. 8 s 65 amd 2019 No. 26 s 290 sch 2 (sec.131A-ssec.1) This section applies if, in a proceeding for an offence against this Act, it is relevant to prove that a substance owned or supplied by, or in the possession of, a person was— a medicine or poison; or a veterinary chemical product. (sec.131A-ssec.2) In the absence of proof to the contrary, the substance is proved to have been the medicine or poison or veterinary chemical product shown on the label of the container in which it is contained if— there is evidence that the container containing the substance was a sealed medicine or poison container; and a police officer gives evidence that the police officer believes the sealed medicine or poison container contained a medicine or poison or veterinary chemical product; and the court considers that belief to be reasonably held by the police officer; and the defendant was served with a prosecution information notice specifying the medicine or poison or veterinary chemical product; and the defendant has not given a challenge notice to the commissioner of the police service. (sec.131A-ssec.3) In this section— medicine or poison means a medicine or poison that is registered or exempt under the Therapeutic Goods Act 1989 (Cwlth) . sealed medicine or poison container is a container— that appears to contain— a medicine or poison; or a veterinary chemical product; and that has a label indicating that the substance is a medicine or poison or a veterinary chemical product; and that has an indicator or barrier to entry— that can reasonably be expected to provide visible or audible evidence to consumers that tampering may have occurred; and that is not breached or missing. veterinary chemical product means a veterinary chemical product within the meaning of the code set out in the schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) . - (a) a medicine or poison; or - (b) a veterinary chemical product. - (a) there is evidence that the container containing the substance was a sealed medicine or poison container; and - (b) a police officer gives evidence that the police officer believes the sealed medicine or poison container contained a medicine or poison or veterinary chemical product; and - (c) the court considers that belief to be reasonably held by the police officer; and - (d) the defendant was served with a prosecution information notice specifying the medicine or poison or veterinary chemical product; and - (e) the defendant has not given a challenge notice to the commissioner of the police service. - (a) that appears to contain— (i) a medicine or poison; or (ii) a veterinary chemical product; and - (i) a medicine or poison; or - (ii) a veterinary chemical product; and - (b) that has a label indicating that the substance is a medicine or poison or a veterinary chemical product; and - (c) that has an indicator or barrier to entry— (i) that can reasonably be expected to provide visible or audible evidence to consumers that tampering may have occurred; and (ii) that is not breached or missing. - (i) that can reasonably be expected to provide visible or audible evidence to consumers that tampering may have occurred; and - (ii) that is not breached or missing. - (i) a medicine or poison; or - (ii) a veterinary chemical product; and - (i) that can reasonably be expected to provide visible or audible evidence to consumers that tampering may have occurred; and - (ii) that is not breached or missing.