New South Wales Consolidated Acts

STOCK MEDICINES ACT 1989 - SECT 39

39 Use of registered stock medicine contrary to use instructions

(1) A person must not use a registered stock medicine in a manner that is contrary to the use instructions.

Maximum penalty: 200 penalty units or, for an offence by a corporation, 400 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that the defendant was authorised by section 39A or 39B to use the registered stock medicine in the manner concerned.

(3) It is a defence to a prosecution for an offence against subsection (1) that:

(a) there were instructions for the use of the stock medicine on the label attached to the package of the stock medicine at the time of the commission of the offence, and

(b) the person, at that time, did not know, and did not have reasonable grounds for suspecting, that those instructions were not (either wholly or partially) the use instructions.

(4) It is not a defence to a prosecution for an offence against subsection (1) that the defendant failed to read the use instructions for the stock medicine concerned.