New South Wales Consolidated Acts

POISONS AND THERAPEUTIC GOODS ACT 1966 - SECT 26

26 Penalties

(1) Every person guilty of an offence against this Division shall in respect of each offence be liable to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 2 years, or to both such fine and imprisonment, and the court convicting any such person may order that any article in respect of which the offence was committed shall be forfeited to Her Majesty.

(2) The court before which the offender was convicted of an offence against this Division may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

(3) No person shall, on conviction for any offence of contravening or failing to comply with the conditions of any licence issued or authority granted under the regulations made under this Division to supply a drug of addiction or any regulation relating to the keeping of books or the issuing or dispensing of prescriptions containing a drug of addiction, be sentenced to imprisonment without the option of a fine or to pay a fine exceeding 1 penalty unit, if the court dealing with the case is satisfied that the offence was committed through inadvertence and was not preparatory to or committed in the course of or in connection with the commission or intended commission of any other offence against this Division.

(4) Any person who attempts to commit an offence against this Division, or solicits or incites another person to commit such an offence, shall, without prejudice to any other liability, be liable to the same punishment and forfeiture as if the person had committed an offence against this Division.

(6) In any proceedings against a person for an offence against this Division it shall not be necessary to negative by evidence any licence, authority, or other matter of exception or defence, and the burden of proving any such matter shall lie on the person seeking to avail himself or herself of the matter.