South Australian Consolidated Acts

DRUGS ACT 1908 - SECT 57

57—Warranty upon purchase of drugs

        (1)         Any person who purchases any drug for re-sale may demand from the vendor a warranty in writing that the drug so purchased complies with such requirements of this Act as are applicable thereto.

        (2)         Any such vendor who refuses to furnish any such purchaser with such a warranty shall be guilty of an offence and liable to a penalty not exceeding two hundred dollars.

        (3)         If the defendant in any proceedings under this Act proves to the satisfaction of the court—

            (a)         that he purchased the drug to which the proceedings relate with a written warranty as aforesaid; and

            (b)         that he sold the drug in the same state as when he purchased it; and

            (c)         that at the time when he sold the drug he had no reason to believe that the drug did not comply with the requirements of this Act,

the complaint shall be dismissed but the defendant shall be ordered to pay the costs incurred by the complainant unless the defendant has given due notice to the complainant that he will rely on the defence given by this subsection.

        (4)         Any warranty such as is referred to in this section may be given in respect of any specified drug or may be given generally in respect of drugs purchased or to be purchased by the purchaser from the person giving the warranty.