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POISONS ACT 1971 - SECT 18 Offences

POISONS ACT 1971 - SECT 18

Offences

(1)  A person–
(a) who–
(i) carries on the business of making or refining a scheduled substance for sale while not the holder of a licence under paragraph (a) of subsection (1) of section 16 ; or
(ii) carries on the business of buying or selling a scheduled substance in the course of a wholesale dealing while not the holder of a licence under paragraph (b) of that subsection;
(b) who, being the holder of a licence under section 16 (1) (a) , makes or refines any class of scheduled substances other than those that he is authorised by his licence to make or refine;
(c) who, being the holder of a licence under section 16 (1) (b) , buys or sells any class of scheduled substances other than those that he is authorised by his licence to buy and sell;
(d) who, being the holder of a licence under section 16 (1) (b) , sells a scheduled substance to a person who is not authorised under this Act to have in his possession, or to sell or supply, that particular substance; or
(e) who carries on any business referred to in paragraph (a) at a place of business not stated in a current licence granted to him under section 16 –
is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units and, in the case of a body corporate, a fine not exceeding 500 penalty units.
(2)  A person who–
(a) not being the holder of a licence under section 16 (1) (a) , calls himself, or causes or allows himself to be called or known as, a manufacturing chemist; or
(b) not being the holder of a licence under section 16 (1) (b) , calls himself, or causes or allows himself to be called or known as, a wholesale chemist–
is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units and, in the case of a body corporate, a fine not exceeding 500 penalty units.
(2A)  The holder of a licence granted under section 16 must not breach a condition or restriction of that licence.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 500 penalty units; or
(b) an individual, a fine not exceeding 100 penalty units.
(3)  Subject to subsection (4) , nothing in the foregoing provisions of this section prohibits the making, refining, buying, or selling of scheduled substances by a person who is–
(a) a medical practitioner;
(b) a pharmacist;
(c) a dentist; or
(d) a veterinary surgeon; or
(e) an authorised health professional.
(4)  Subsection (3) does not authorise the making, refining, buying, or selling, by a person to whom that subsection relates, of a narcotic substance otherwise than–
(a) as permitted by Part V and the regulations thereunder; and
(b) in compliance in all respects with the provisions of that Part and of those regulations.