18AASecretary may restrict possession or supply

#### 18AA Secretary may restrict possession or supply 18AA Secretary may restrict possession or supply > > (1) In this section, relevant person means a medical practitioner, a nurse, a midwife, a dentist, an optometrist, a pharmacist, a podiatrist or a veterinary practitioner. > > > (2) The Secretary may, by order in writing served on a relevant person, prohibit or restrict the person from possessing, supplying or prescribing a substance specified in Schedule 2, 3 or 4 of the Poisons List that the person— > > > > > (a) possesses, supplies or prescribes in the practice of the person’s profession as a relevant person, or > > > > > (b) is licensed or authorised by or under this Act to possess, supply or prescribe. > > > (3) Such an order may be made for any one or more of the following reasons— > > > > > (a) the person has requested or agreed in writing to the making of the order, > > > > > (b) the person is convicted of an offence against this Act or the regulations made under this Act, or of an offence against the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) or the regulations made under that Act, or an order has been made against the person under section 10 (1) of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) in respect of such an offence, > > > > > (c) the person has, in the opinion of the Secretary, failed to comply with any prohibition, restriction or condition imposed on the person by an order under this section, > > > > > (d) the person is, in the opinion of the Secretary, a person who should be restricted or prohibited from possessing, supplying or prescribing such a substance 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). > > > (4) An order that restricts a person as referred to in subsection (2)— > > > > > (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. > > > (5) An order under this section must specify the grounds on which it is made. > > > (6) An order under this section takes effect— > > > > > (a) in the case of an order made on the grounds referred to in subsection (3) (d), when the order is served on the person against whom it is made, or > > > > > (b) in any other case, on the date specified in the order in that regard. > > > (7) Except in the case of an order that is made on the ground referred to in subsection (3) (a), the date referred to in subsection (6) (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. > > > (8) A person must not contravene any order in force under this section. > > > > Maximum penalty—20 penalty units. > > **s 18AA:** Ins 2007 No 89, Sch 2.12 \[2\].