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Penalties.
23 & 24
Geo. 5,
c. 25, s. 24.
(4) In this section-
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means, in
The expression "relating to him personally relation to a person being a body corporate, relating per- sonally to the members of the board, or to the managers or other officers of the body corporate :
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The expression year means a period of twelve months beginning on such date as the registrar may from time to time determine.
(5) It shall not be lawful for any person whose name is entered in the registrar's list to use in connection with his business any title, emblem or description reasonably calcu- lated to suggest that he is entitled to sell any poison other than a poison which he is under this Ordinance entitled to sell, and if any person acts in contravention of this sub- section he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding two hundred and fifty dollars, and, in the case of a continuing offence, to a further fine not exceeding fifty dollars for every day subsequent to the day on which he is convicted of the offence during which the contravention continues.
PART III-MISCELLANEOUS.
23. (1) A person who acts in contravention of or fails to comply with any of the provisions of Part II of this Ordinance (other than sub-section (5) of section 22 or any regulations made under this Part) shall, on summary convic- tion, be liable in respect of each offence to a fine not exceeding five hundred dollars, and, in the case of a continuing offence, to a further fine not exceeding one hundred dollars for every day subsequent to the day on which he is convicted of the offence during which the contravention or default continues.
(2) In the case of proceedings against a person under this section for or in connection with the sale, exposure for sale or supply of a poison effected by an employee→→
(a) it shall not be a defence that the employee acted
without the authority of the employer; and
(b) any material fact known to the employee shall be deemed to have been known to the employer.
(3) Notwithstanding any provision in any Ordinance prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Ordinance may be commenced at any time within the period of twelve months next after the date of the commission of the offence, or, in the case of proceedings instituted by, or by direction of the Attorney General, either within the period aforesaid or within the period of three months next after the date on which evidence sufficient in the opinion of the Attorney General to justify a prosecution for the offence comes to his knowledge, whichever period ends on the later date.
For the purposes of this sub-section, a certificate pur- porting to be signed by the Attorney General as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof
(4) A document purporting to be a certificate signed by an analyst or person appointed by the Governor to make analyses for the purposes of this Ordinance, stating the result of an analysis made by him, shall be admissible in any proceedings under this Ordinance as evidence of the matters
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stated therein but either party may require the person by whom the analysis was made to be called as a witness.
24. (1) The registrar may in writing authorise any Inspection public officer to be an inspector for the purposes of this and enforce- Ordinance.
ment of
Ordinance.
Geo. 5, c. 25, s. 25.
(2) An inspector authorised under this section shall, for 23 & 24 the purpose of enforcing the provisions of this Ordinance and of any regulations made thereunder, have power-
and
(a) at all reasonable times to enter
(i) any premises which are on the register of premises;
(ii) any premises on which any person whose name is entered in the registrar's list carries on business; and
(iii) any premises licensed under paragraph (g) of section 3 (1):
(b) at any time to enter any premises in which he has reasonable cause to suspect that a breach of the law has been committed in relation to any poison included in the Poisons List:
(c) to make such examination and inquiry and to do such other things, including the taking, on payment therefor, of samples, as may be necessary for the purposes of the inspection:
(d) to seize and detain any substance or article consisting of or containing any poison which he has reasonable cause to suspect is liable to forfeiture under this Ordinance.
(3) If a person wilfully delays or obstructs an inspector
in the exercise of any powers under this section, or refuses to allow any sample to be taken in accordance with the provisions of this section, or fails without reasonable excuse to give any information which he is duly required under this section to give, he shall in respect of each offence be liable on summary conviction to a fine not exceeding fifty dollars.
(4) Without prejudice to the generality of the foregoing provisions, it shall be the duty of every person who appears to be conducting in any premises any business which comprises the retail sale of drugs to state, on being required so to do by an inspector authorised under this section, who the owner of the business is. and if any person fails without reasonable excuse to comply with the provisions of this sub-section he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding fifty dollars.
(5) Nothing in this section shall authorise any inspector authorised thereunder to enter or inspect the premises, not being a shop, of a registered medical practitioner, a re- gistered dental surgeon or a duly qualified veterinary surgeon.
25. Any magistrate may order to be forfeited to the Forfeiture. Crown any substance or article consisting of or containing any poison with respect to which any offence under this Ordinance has been committed, whether any person has been convicted of such offence or not, and upon the making of any such order of forfeiture such substance or article shall be deemed to be the property of the Crown free from all rights of any person.
26. The Revenue Officers Power of Arrest Ordinance, Amendment 1917, is amended by the deletion, in the Second Schedule of Ordin-
ance No. 2 thereto, of the words and figures: "9 of 1916--Pharmacy of 1917, and Poisons Ordinance, 1916".
Second Schedule.
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