DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 44 Persons who are liable for contravention of Act

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 44

    (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—

S. 44(5)(a) amended by No. 57/1989 s. 3(Sch. item 59.5).

        (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.

S. 44(6) inserted by No. 20/2016 s. 117, repealed by No. 34/2019 s. 19.

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Pt 2 Div. 13A (Heading) amended by No. 9/2014 s. 6.

Pt 2 Div. 13A (Heading and ss 44A, 44B) inserted by No. 52/2006 s. 5.

Division 13A—Authorised police employees and other authorised persons

S. 44A inserted by No. 52/2006 s. 5.