South Australian Consolidated Acts

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DRUGS ACT 1908 - SECT 42

42—Provision for dealing with the sample when purchased

        (1)         Subject to subsection (4) of this section, the person purchasing any article under the provisions of section 39 or 41 with the intention of having the same analysed and taking proceedings shall, after the purchase shall have been completed, forthwith notify to the seller or his agent selling the article his intention to have the sample analysed, and shall divide the article into three parts, to be then and there separated, and each part to be marked and sealed, or fastened up in such a manner as its nature will permit, and shall, if required to do so, deliver one of the parts to the seller or his agent.

        (2)         He shall afterwards retain one of the said parts for future reference and send or deliver the third part to an analyst.

        (3)         The analyst shall with all convenient speed analyse the sample and give a certificate to the person sending or delivering it, wherein he shall specify the results of the analysis.

        (4)         If the division of any article into three parts as required by subsection (1) of this section—

            (a)         would so affect or impair the composition or quality of the article as to render the divided parts unsuitable for accurate analysis; or

            (b)         would furnish parts insufficient for accurate analysis; or

            (c)         would render the article unsuitable for analysis in accordance with any other provision of this Act,

such additional number of articles shall be purchased as may be prescribed and the total number of articles purchased shall be divided and dealt with in the prescribed manner.



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