South Australian Consolidated Acts South Australian Consolidated Acts60—Proceedings by indictment and contracts not to be affected
Nothing in this Act contained shall take away any other remedy against any
offender under this Act, or in any way interfere with contracts and bargains
between individuals, and the rights and remedies belonging thereto: Provided
that in any action brought by any person for a breach of contract on the sale
of any drug such person may recover alone or in addition to any other damages
recoverable by him the amount of any penalty in which he may have been
convicted under this Act, together with the costs paid by him upon such
conviction and those incurred by him in and about his defence thereto, if he
prove that the drug, the subject of such conviction, was sold to him as and
for a drug of the same nature, substance, and quality as that which was
demanded of him, and that he purchased it not knowing it to be otherwise, and
afterwards sold it in the same state in which he purchased it; the defendant
in such action being nevertheless at liberty to prove that the conviction was
wrongful, or that the amount of costs awarded or claimed was unreasonable.