Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 44

Persons who are liable for contravention of Act

44. Persons who are liable for contravention of Act



(1) Where there is sold or supplied to any authorized officer in an unopened
package any poison or controlled substance in connexion with the sale or
supply of which there is a contravention of or failure to comply with any of
the provisions of this Act or the regulations each of the following persons
shall, in addition to the person who actually sold or supplied the package to
the authorized officer, be liable in respect of the contravention or failure,
namely-

   (a)  if there is a label on or attached to the package-any person who
        appears from the label to have manufactured or prepared the poison or
        controlled substance or to have imported the poison or controlled
        substance into Victoria or to have enclosed or caused the poison or
        controlled substance to be enclosed in the package or to have been the
        wholesale dealer in the poison or controlled substance; or

   (b)  if there is no label on or attached to the package or if there is a
        label on or attached to the package but the label does not disclose
        any of the particulars referred to in paragraph (a) any person who has
        previously sold or supplied the unopened package.

(2) Any person to whom the provisions of subsection (1) applies shall be
deemed to have sold or supplied the unopened package to the authorized officer
as on the day and at the place where he purchased the package and shall be
liable to the same penalty as if he had actually sold or supplied the unopened
package to the authorized officer on that day and at that place.

(3) It shall be a good defence to any prosecution brought under the provisions
of this section if the person charged shows-

   (a)  that the contravention or non-compliance is due to the act or default
        of some subsequent seller or supplier;

   (b)  that the contravention or non-compliance is due to deterioration or
        other causes beyond the control of the person so charged;

   (c)  where there is a label on or attached to the package, that he did not
        in fact attach the label or cause the label to be attached or enclose
        the poison or controlled substance in the package or cause the poison
        or controlled substance to be enclosed; or





   (d)  where there is no label on the package or attached thereto that he
        purchased or obtained the poison or controlled substance already
        enclosed in a package from some other person and sold or supplied the
        package in the condition in which he received it.

(4) Nothing in this section shall affect the liability of any person selling
or supplying an unopened package containing a poison or controlled substance
to an authorized officer with respect to any contravention or non-compliance
due to his default or to other causes within his control; and the conviction
of any person under the foregoing provisions of this section shall not
exonerate the person selling or supplying the unopened package or any other
person from liability with respect to that contravention or non-compliance.

(5) Without affecting the generality of the application of this or any other
provision of this Act to firms or their members, where a firm appears from a
label on or attached to a package containing a poison or controlled substance
to have imported manufactured or prepared the poison or controlled substance
or to have been the wholesale dealer in the poison or controlled substance or
to have enclosed the poison or controlled substance in a package-

   (a)  proceedings under this section may be taken (whether in the
        Magistrates' Court or otherwise) and penalties recovered accordingly
        against any member or members of the firm; and

   (b)  this section shall be read and construed and have effect as if the
        name or names of the member or members of the firm had appeared on the
        label.

Division 13A-Authorised Police Employees