A.D. 1923,
42 & 43 Vict. v. 19.
[CH. 5.]
Dangerous Drugs and [13 & 14 GEO. 5.] Poisons (Amendment) Act, 1923.
of Public Prosecutions, and no person shall, on conviction for any offence of contravening or failing to comply with any regulation under t Act relating to the keeping of books or the issuing or dispensing of prescriptions containing drugs to which this Act applies, be sentenced to imprison- ment without the option of a fine or to pay a fine exceeding fifty pounds, if the court dealing with the case is satisfied that the offence was committed through inadvertence and was not preparatory to, or committed in the course of, or in connection with, the commission or intended commission of any other offence against the Act:
Provided that the provisions of this subsection prohibiting proceedings by indictment unless the proceedings are instituted by, or with the consent of, the Attorney-General or by the Director of Public Prosecutions, shall not apply where the person charged claims in pursuance of section seventeen of the Summary Jurisdiction Act, 1879, to be tried by a jury.
K
(2) If any person attempts to commit an offence against this Act, or solicits or incites another person to commit such an offence, he shall, without prejudice to any other liability, be liable on summary conviction to the same punishment and forfeiture as if he had committed an offence under this Aet. 5
"(2c) Where a person convicted of an offence under this Act is a company, the chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act constituting the offence took place without his knowledge or consent.
73
(2) The provisions of subsection (3) of section thirteen of the Dangerous Drugs Act, 1920, which relates to the time within which proceedings for an offence against that Act may be brought, shall apply to proceedings for attempting or soliciting or inciting another person to commit such an offence as they apply to proceedings for such an offence.
4
[13 & 14 GEO. 5.] Dangerous Drugs and
Poisons (Amendment) Act, 1923.
1
-
[CH, 5.]
712
(3) For the purpose of removing doubts, it is hereby A.D. 1923. declared-
(a) that in any proceedings against any person for an offence against the Dangerous Drugs Act, 1920, as amended by this Act it is not necessary to negative by evidence any licence, authority or other matter of exception or defence, and that the burden of proving any such matter lies on the person seeking to avail himself thereof; and
(b) that, notwithstanding anything in section eighteen
of the Criminal Justice Administration Act, 4 & 5 Geo. 5. 1914, or in any other enactment, any term of e55. imprisonment imposed under section thirteen of the Dangerous Drugs Act, 1920, on any person by a court of summary jurisdiction in respect of the non-payment of a fine for an offence against that Act may be ordered to commence at the expiration of any term of imprisonment imposed on that person for the same offence in addition to the fine.
Act, 1868,
3.(1) So much of section seventeen of the Pharmacy Amendment] Act, 1868 (which prescribes certain regulations to be of a. 17 of observed in the sale of poisons), as requires an entry in Pharmacy the book to be kept under that section to be signed by as respects the purchaser, shall not, if the conditions mentioned in sales to this section are fulfilled, apply where the purchaser is a medical registered medical practitioner, and the purchase is made practitioners by him for the purposes of his profession.
(2) The conditions to be fulfilled for the purposes of this section are as follows:--
(a) There must have been received by the seller before the sale an order in writing signed by the purchaser stating his name and address and the name and quantity of the article to be pur- chased:
(b) The seller must be reasonably satisfied that the signature affixed to the order is in fact the signature of the person purporting to sign it, and that that person is a registered medical practi- tioner:
(e) The article sold, if sent by post to the purchaser,
must be sent by registered post:
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lentists and veterinary
s
31 & 32 Viet. c. 121.