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Commonwealth Interim Ban Finishes FROM EROS AUSTRALIA


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from: aussielegalhighs.com.au/showthread.php?3569-Interim-Ban-to-End-Soon

Interim Ban to End Soon

Commonwealth Interim Ban Finishes FROM EROS AUSTRALIA

 

The national interim ban period finishes on October 14 th 2013 .

 

The ban comes from Australian Consumer Law and NOT drug or health law.

 

Former Minister for Competition Policy and Consumer Affairs David Bradbury proposed a permanent

 

ban before the federal election. Eros Association CEO Fiona Patten and Social Tonics Researcher

 

Nick Wallis met with the ACCC for a conference regarding the proposed ban.

 

Here are the ACCC's recommendations to Minister for Small Business Bruce Billson:

 

It is the ACCC’s recommendation that the Commonwealth Minister does not impose a permanent

 

ban on consumer goods containing synthetic drug substances for the following reasons:

 

• All state and territory drug laws (NSW laws to commence post 7 October) have now been

 

amended to capture substances set out in Schedule 9 of the Poisons Standard. A regulatory

 

gap will therefore no longer exist in any state and territory for the consumer goods set out

 

in the proposed ban notice.

 

• While there is evidence that users of unauthorised synthetic drug substances may be at risk

 

of injury to themselves or others, the issues of recreational drug abuse are complex and are

 

being addressed nationally through the National Drug Strategy and by the

 

Intergovernmental Committee on Drugs which has appropriate representation from all

 

jurisdictions.

 

• State and Territory Police have the skills, training and expertise to enforce state and

 

territory drug laws, not Fair Trading agencies.

 

• Introducing a permanent ban under the ACL on substances that are already prohibited is

 

not consistent with principles of best practice regulation agreed by the Council of Australian

 

Governments.

 

• With the exception of NSW Fair Trading, all other Fair Trading agencies do not support the

 

imposition of the permanent national ban under the ACL.

 

It is highly unlikely that the new minister will support a permanent ban but the choice is solely his to

 

make. The Eros Association will keep you informed of any changes.

 

Drug control legislation has been updated in New South Wales and the Northern Territory, while

 

South Australia has introduced a new Bill into parliament. Please contact the Eros Association if you

 

are unsure of your jurisdiction's current drug control legislation.

 

CONTACT:

 

Nick Wallis – Social Tonics Researcher

 

(03) 9347 2332

 

0438 783 070

 

 

 

 

 

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