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5.20 In the case of sale a regulated product containing controlled substances that may be prescribed in Australia or that are to some degree regulated through the Department of Human Services' Research Governance (HRG) program, where products have been manufactured and labelled for the purpose of supply under Health Practitioner Regulation National Standards (HMNSS) and where the products are to be sold for human consumption in the State/Territory where establishment is based, the supply will constitute trafficking. This is particularly so of products for use as a narcotic in Australia such as codeine cough syrup. The definition is discussed in Section 5.20.1.
A supply would also constitute trafficking if, under another provision described in this buy promethazine codeine in canada Chapter, a supply of substance or compound would constitute trafficking if such substance or compound was exported from Australia or transported into for the purpose of sale in State/Territory from where the supply is made.
5.20.2 The supply of a substance or compound which would constitute trafficking if made for export or delivery to a designated country or region (see section 5.25 below) will not constitute trafficking where no goods are shipped to a designated country or region.
5.20.3 Where there is a determination to make trafficking an offence under Chapter 2.1 of the ATCR other than to extent that it relates any product containing a controlled substance covered by that Chapter 2.1, paragraph Promethazine 25mg $62.94 - $0.7 Per pill 5.21 (1) of this Chapter is taken to provide that:
the trafficking of products covered by the definition in that Chapter 2.1 cannot constitute trafficking if some or all the following conditions are met (the must be satisfied for each product and, where the conditions do not apply for a particular product, the supply or is a of substance compound, or the making of a service, not covered by Chapter 2.1):
the product is imported on behalf of the supplier who is not carrier or exporter of the product, and
that supplier has not acquired the product from a carrier or exporter;
any other conditions listed in the determination apply for a product to be covered by that definition.
The conditions are:
the product is sent by supplier to a recipient who is not an individual, or individual who is not associated with the supplier, for use in:
exporting the product from Australia, provided that the carrier does not ship product; or
the supply or of a substance compound that can be used as a narcotic in Australia;
which is sent to a designated country or region by a person acting on behalf of the supplier who is not carrier and from whom the product will be lawfully obtained (see section 5.25 on 'designated countries or regions');
the supply of a substance or compound:
for use (other than as a narcotic or controlled drug) in Australia at a quantity that is less than the amount of that substance or compound would be required to qualify for exemption under the Excise Act 1901 in each of the places or at any time to qualify for exemption under the Excise Act 1901 in any of the places; and
that is sent from Australia by a carrier not acting on behalf of the supplier who is not carrier.
5.20.4 Where there is a determination to make trafficking an offence, in accordance with the ATCR, other than to extent that it relates a drug product or chemical compound referred to in section 5.6 (but not limited to a controlled drug) that is not exempt from the provisions of Tobacco Advertising and Promotion Act 2004 in respect of advertisement, but where there are no exemptions under Part 3 of The Tobacco Advertising and Promotion Act 2004 that apply; or
where the provision is one of an item class D for which an exemption under that item applies to those who are prescribed in that item, and the supplier carrier are regulated parties under the MHRA's Human Research Governance (HRG) program; or
where the provision is an item of class E that would be subject to the Excise Act 1901 in respect of the sale substance or compound; and the supplier carrier are regulated parties under the Excise Act 1901 in respect of the sale, which is to extent required under the MHRA's HRG program or under Part 1 2 of this Chapter; or
where the supply (including export) is by the manufacturer or importer to a purchaser.
5.20.5 Where a determination to make trafficking an offence has been made to the extent that it relates to an item of class C, the supply will not constitute trafficking under paragraph 5.21 (1) of this Chapter in relation to a chemical or biological product (unless it occurs for commercial and not human consumption, or contains a controlled substance which may be used)
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