South Australian Consolidated Acts

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CONTROLLED SUBSTANCES ACT 1984 - SECT 57

57—Power of Minister to prohibit certain activities

        (1)         If a person—

            (a)         has been convicted of an offence against this Act; or

            (b)         has, in the opinion of the Minister, contravened or failed to comply with a condition of a licence, authority or permit granted under this Act; or

            (c)         has, in the opinion of the Minister, prescribed, supplied or administered a prescription drug in an irresponsible manner,

the Minister may, by order, prohibit the person from manufacturing, producing, packaging, selling, supplying, prescribing, administering, using or having possession of any substance or device specified in the order.

        (2)         The Minister may, by subsequent order, revoke an order under subsection (1).

        (3)         The Minister must publish an order made under subsection (1) or (2) in the Gazette and must cause a copy of the order to be served personally or by post on the person to whom it applies.

        (4)         A person must not contravene an order made under this section.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (5)         A person to whom an order under subsection (1) applies may appeal to the Administrative and Disciplinary Division of the District Court against the order.

        (6)         Subject to subsection (8), an appeal must be instituted within 1 month of the making of the order.

        (7)         The Minister must, if required by the appellant, state in writing the reasons for the order.

        (8)         If the reasons of the Minister are not given to the appellant, in writing, at the time of making the order and the appellant (within 1 month of the making of the order) requires the Minister to state the reasons in writing, the time for instituting the appeal runs from the time at which the appellant receives the written statement of those reasons.



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