Australian Capital Territory Numbered Acts

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MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2008 (NO. 26 OF 2008) - SECT 34

Discarding declared etc substances

    (1)     A person commits an offence if—

        (a)     a regulation prescribes how a declared substance must be discarded; and

        (b)     the person discards the substance; and

        (c)     the person does not discard the substance as prescribed.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     A person commits an offence if—

        (a)     the person possesses a declared substance; and

        (b)     the chief health officer gives the person a direction under section 191 (Directions about dealings with regulated substances and therapeutic goods) in relation to the discarding of the substance; and

        (c)     the person does not discard the substance as directed.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (3)     A person commits an offence if the person discards a declared substance in a way that—

        (a)     puts the health or safety of people at risk; or

        (b)     is likely to cause damage to property or the environment.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Note     The Dangerous Substances Act 2004 and Environment Protection Act 1997 may also apply to the discarding of a regulated substance.

    (4)     However, subsection (3) does not apply if the declared substance is discarded in accordance with—

        (a)     a regulation about how the substance must be discarded; or

        (b)     a direction by the chief health officer under section 191.

    (5)     A person commits an offence if—

        (a)     the person discards a low harm poison or moderate harm poison; and

        (b)     the poison is not a declared substance; and

        (c)     the discarding—

              (i)     puts the health or safety of people at risk; or

              (ii)     causes damage to property or the environment.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Note     The Dangerous Substances Act 2004 and Environment Protection Act 1997 may also apply to the discarding of regulated substances.



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