South Australian Consolidated Acts South Australian Consolidated Acts58—Provisions as to use of warranty as defence, and proceedings against
the warrantor
(1) A warranty shall
not be available as a defence to any proceeding under this Act unless the
defendant has, within seven days after service of the summons, sent to the
purchaser a copy of such warranty with a written notice stating that he
intends to rely on the warranty, and specifying the name and address of the
person from whom he received it, and has also sent a like notice of his
intention to such person.
(2) The person by whom
such warranty is alleged to have been given shall be entitled to appear at the
hearing and to give evidence, and the court may, if it thinks fit, adjourn the
hearing to enable him to do so.
(3) A warranty given
by a person resident outside South Australia shall not be available as a
defence to any proceeding under this Act.
(4) Where the
defendant is a servant of the person who purchased the drug under a warranty,
he shall, subject to the provisions of this section, be entitled to rely on
section 57, in the same way as his employer or master would have been entitled
to do if he had been the defendant: Provided that the servant further proves
that he had no reason to believe that the article was otherwise than that
demanded by the prosecutor.
(5) Where the
defendant in a prosecution under this Act has been discharged under the
provisions of section 57, any proceedings under this Act for giving the
warranty relied on by the defendant in such prosecution may be taken as well
before a court having jurisdiction in the place where the drug to which the
warranty relates was purchased for analysis as before a court having
jurisdiction in the place where the warranty was given.
(6) Every person who,
in respect of a drug sold by him as principal or agent, gives to the purchaser
a false warranty in writing shall be liable on summary conviction to a fine
not exceeding two hundred dollars.