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Prohibition notice.
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7.— (1) A member of the Garda Síochána not below the rank of superintendent may serve personally or by registered post a written notice (in this Act referred to as a “prohibition notice”) on a person if he or she is of opinion that the person is, at any place, engaged in the activity of—
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(a) selling—
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(i) a psychoactive substance for human consumption,
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(ii) any object for use in cultivating by hydroponic means any plant in contravention of section 17 of the Act of 1977,
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(b) importing or exporting a psychoactive substance for human consumption,
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(c) publishing or displaying or causing to be published or displayed any advertisement which—
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(i) indicates an intention to sell or import or export a psychoactive substance for human consumption or to sell any object for use in cultivating by hydroponic means any plant in contravention of section 17 of the Act of 1977,
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(ii) promotes the consumption of a substance or a combination of substances for its or their, as the case may be, psychoactive effects and provides information on how or where a psychoactive substance may be obtained, or
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(iii) provides information on how an object may be used to cultivate by hydroponic means any plant in contravention of section 17 of the Act of 1977.
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(2) A prohibition notice shall be signed and dated by the member of the Garda Síochána concerned and shall—
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(a) state that he or she is of the opinion that the person is engaged in an activity referred to in subsection (1) and the reasons for that opinion,
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(b) specify the psychoactive substance, object or advertisement to which the activity relates and in respect of which the opinion is held and may, where appropriate, specify any place where, in his or her opinion, the activity concerned is taking place,
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(c) direct the person to cease forthwith selling or advertising, as the case may be, the substance or object specified in the notice or, as may be appropriate, importing or exporting the substance specified in the notice,
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(d) specify the possible consequences of failure to comply with the directions specified in the notice.
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(3) A direction specified in a prohibition notice shall have effect immediately upon service of the notice.
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(4) The service of a prohibition notice under this section in respect of a person shall not prevent the service of a further prohibition notice under this section in respect of the person.
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(5) A member of the Garda Síochána not below the rank of superintendent may at any time withdraw a prohibition notice if he or she is satisfied that the notice was served in error or is incorrect in some material respect.
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