20What a licence, permit or warrant can authorise

20 What a licence, permit or warrant can authorise S. 20(1) amended by No. 75/2014 s. 6(1). (1) Subject to subsection (2), a licence authorises a person to do all or any of the following— (a) manufacture and sell or supply by wholesale any Schedule 8 poison or Schedule 9 poison other than heroin; S. 20(1)(b) substituted by No. 74/2004 s. 4(1). (b) manufacture and sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison; S. 20(1)(c) amended by No. 74/2004 s. 4(2). (c) manufacture and sell or supply by retail any Schedule 7 poison (other than a Schedule 7 poison included in the Poisons Code in the list of substances that are not for general sale by retail); (d) sell or supply by wholesale any Schedule 8 poison or Schedule 9 poison other than heroin; S. 20(1)(e) substituted by No. 74/2004 s. 4(3). (e) sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison; S. 20(1)(f) substituted by No. 9/1998 s. 4(1)(a), amended by No. 75/2014 s. 6(2). (f) sell or supply by retail any Schedule 2 poison. S. 20(1)(g) repealed by No. 9/1998 s. 4(1)(b). S. 20(2) repealed by No. 9/1998 s. 4(2), new s. 20(2) inserted by No. 75/2014 s. 6(3), amended by No. 41/2024 s. 12(4). (2) A mobile bait facility licence authorises a person to do all or any of the following— S. 20(2)(a) amended by No. 41/2024 s. 12(4). (a) to manufacture and sell or supply by wholesale any perishable pest animal bait that is a Schedule 7 poison (other than a Schedule 7 poison included in the Poisons Code in the list of substances that are not for general sale by retail) at a mobile bait facility location to which the mobile bait facility licence relates; S. 20(2)(b) amended by No. 41/2024 s. 12(4). (b) to manufacture and sell or supply by retail any perishable pest animal bait that is a Schedule 7 poison (other than a Schedule 7 poison included in the Poisons Code in the list of substances that are not for general sale by retail) at a mobile bait facility location to which the mobile bait facility licence relates. S. 20(3) amended by Nos 20/2016 s. 104, 34/2019 s. 7, 41/2024 s. 7(1). (3) A permit (other than a drug**‑**checking permit) authorises a person to purchase or otherwise obtain poisons or controlled substances for use for industrial, educational, advisory or research purposes or for the provision of health services. Note to s. 20(3) inserted by No. 41/2024 s. 7(2). Section 20AA sets out what is authorised by a drug‑checking permit. S. 20(3A) inserted by No. 74/2004 s. 13. (3A) A person who is the holder of a permit issued under subsection (3) authorising the person to purchase or otherwise obtain poisons or controlled substances for the provision of health services is authorised to sell or supply any poison or controlled substance to which that permit relates without obtaining a further licence to do so under this section if that sale or supply— S. 20(3A)(a) amended by Nos 97/2005 s. 179(6) (as amended by No. 29/2006 s. 3(Sch. 1 item 14.5)), 75/2014 s. 6(4), 1/2025 s. 8. (a) is carried out by a person who is authorised under section 13(1)(a), (ba), (bb), (bc), (bd), (c) or (ca) to sell or supply that poison or controlled substance in the lawful practice of his or her profession; and (b) is for the purposes of the provision of health services. (4) A warrant authorises a person to purchase or otherwise obtain or use any regulated poison in accordance with the warrant. S. 20(5) inserted by No. 18/2000 s. 102. (5) A person who sells or supplies by wholesale or manufactures and sells or supplies by wholesale any Schedule 1 poison is authorised to do so without obtaining a licence under this section. S. 20AA inserted by No. 41/2024 s. 8. 20AA What a drug‑checking permit authorises (1) A drug**‑**checking permit authorises the holder of the permit, and each special drug**‑**checking worker engaged by the holder of the permit to do the following things at the drug**‑**checking place to which the permit relates— (a) receive a substance that a person supplies so that— (i) a drug**‑**checking service may be provided; or (ii) the substance may be disposed of; and (b) if the substance was supplied so that a drug**‑**checking service may be provided, supply back to the person any amount of the substance that is not required for that purpose; and (c) provide a drug**‑**checking service in respect of the substance; and (d) destroy the substance; and (e) to the extent necessary to do a thing described in this subsection, possess a substance, except after a condition referred to in section 20AAB(2) has required it to be destroyed. (2) A drug**‑**checking permit authorises the holder of the permit, and each special drug**‑**checking worker engaged by the holder of the permit to do the following things, whether at the drug**‑**checking place or elsewhere— (a) supply a substance received as described in subsection (1)(a) to a person who holds another drug**‑**checking permit, or any other permit, under which receipt of that substance is authorised; and (b) receive a substance from the holder of another drug**‑**checking permit who supplies it as described in paragraph (a) and— (i) provide a drug**‑**checking service in respect of the substance; and (ii) destroy the substance; and (c) to the extent necessary to do a thing described in this subsection— (i) possess a substance, except after a condition referred to in section 20AAB(2) has required it to be destroyed; and (ii) transport or deliver a substance; and (d) provide harm reduction information. (3) An authorisation under subsection (1) or (2) to receive, possess, supply, destroy, transport or deliver a substance includes an authorisation to do that thing with any poison, controlled substance or drug of dependence contained in the substance. (4) A drug**‑**checking permit authorises each general drug**‑**checking worker engaged by the holder of the permit to provide harm reduction information, whether at the drug**‑**checking place or elsewhere. (5) Nothing in subsection (4) authorises a general drug**‑**checking worker— (a) to receive, possess, or supply a substance; or (b) to provide a drug**‑**checking service other than the service of providing harm reduction information. (6) A drug**‑**checking permit authorises each drug**‑**checking director engaged by the holder of the permit to do the following things, whether at the drug**‑**checking place or elsewhere— (a) oversee the provision of drug**‑**checking services; and (b) perform the prescribed other duties (if any). (7) Nothing in subsection (6) authorises a drug**‑**checking director— (a) to receive, possess, or supply a substance; or (b) to provide a drug**‑**checking service. If the drug‑checking director is a special drug‑checking worker, the director will be authorised to do these things under subsections (1) and (2). Alternatively, if the director is a general drug‑checking worker, the director will be authorised to provide harm reduction information under subsection (4). S. 20AAB inserted by No. 41/2024 s. 8. 20AAB Conditions of drug‑checking permit (1) The conditions that a drug**‑**checking permit is subject to under section 19(4B)(b) are— (a) that the holder of the permit keeps records of the prescribed matters in accordance with the regulations; and (b) that the holder of the permit provides the Secretary with access to, or copies of, those records in accordance with the regulations; and (c) that, at all times at which drug**‑**checking services under the permit are being provided or offered, there is a drug**‑**checking director on duty for the purposes of doing the things set out in section 20AA(6)(a) and (b); and (d) that, at all times at which drug**‑**checking services under the permit are being provided or offered, the holder of the permit or a special drug**‑**checking worker is available to receive substances supplied for the purposes of disposal. (2) Additionally the Secretary must include in a drug**‑**checking permit a condition that specifies when the holder of the permit is required to destroy a substance that comes into the possession of— (a) the holder of the permit; or (b) a special drug**‑**checking worker engaged by the holder of the permit— in the course of providing drug**‑**checking services, or carrying out another activity, under the permit. S. 20A inserted by No. 6/2024 s. 12.