CO129-482 - Public Offices - 1923 — Page 709

A.D. 1923.

+

707

4

Dangerous Drugs and Poisons [13 & 14 GEO. 5.]

(Amendment).

of Public Prosecutions, and no person shall, on conviction for any offence of contravening or failing to comply with any regulation under this Act relating to the keeping of books or the issuing or dispensing of prescriptions containing drugs to 5 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 10 preparatory to or committed in the course of or in connection with the commission or intended com- mission of any other offence against the Act. Provided that the provisions of this subsection prohibiting proceedings by indictment unless the 15 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, 20 to be tried by a jury.

44

(2B) 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 25 on summary conviction to the same punishment and forfeiture as if he had committed au offence under this Act,"

"(20) Where a person convicted of an offence under this Act is a company, the chairman and 30 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."

C

5

10

15

20

[13 & 14 Gro, 5.] Dangerous Drugs and Poisons

(Amendment),

5

(3) For the purpose of removing doubts it is hereby A.D. 1928. 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 c.55. 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.

3.--(1) So much of section seventeen of the Pharmacy Amendment Act, 1868 (which prescribes certain regulations to be of . 17 of observed in the sale of poisons), as requires an entry in

Pharmacy 25 the book to be kept under that section to be signed by as respects Act, 1868, 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.

30

35

35

(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

40 person to commit such an offence as they apply to proceedings for such an offence.

40

dentiste Rod veterinary

(2) The conditions to be fulfilled for the purposes of surgeons. 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:

31 & 32 Vict. c. 121.