Offences
18 Offences
A person– who– carries on the business of making or refining a scheduled substance for sale while not the holder of a licence under paragraph (a) of subsection (1) of section 16; or carries on the business of buying or selling a scheduled substance in the course of a wholesale dealing while not the holder of a licence under paragraph (b) of that subsection; who, being the holder of a licence under section 16(1)(a), makes or refines any class of scheduled substances other than those that he is authorised by his licence to make or refine; who, being the holder of a licence under section 16(1)(b), buys or sells any class of scheduled substances other than those that he is authorised by his licence to buy and sell; who, being the holder of a licence under section 16(1)(b), sells a scheduled substance to a person who is not authorised under this Act to have in his possession, or to sell or supply, that particular substance; or who carries on any business referred to in paragraph (a) at a place of business not stated in a current licence granted to him under section 16– is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units and, in the case of a body corporate, a fine not exceeding 500 penalty units.
A person who– not being the holder of a licence under section 16(1)(a), calls himself, or causes or allows himself to be called or known as, a manufacturing chemist; or not being the holder of a licence under section 16(1)(b), calls himself, or causes or allows himself to be called or known as, a wholesale chemist– is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units and, in the case of a body corporate, a fine not exceeding 500 penalty units.
The holder of a licence granted under section 16 must not breach a condition or restriction of that licence. In the case of – a body corporate, a fine not exceeding 500 penalty units; or an individual, a fine not exceeding 100 penalty units.
Subject to subsection (4), nothing in the foregoing provisions of this section prohibits the making, refining, buying, or selling of scheduled substances by a person who is– a medical practitioner; a pharmacist; a dentist; or a veterinary surgeon; or an authorised health professional.
Subsection (3) does not authorise the making, refining, buying, or selling, by a person to whom that subsection relates, of a narcotic substance otherwise than– as permitted by Part V and the regulations thereunder; and in compliance in all respects with the provisions of that Part and of those regulations.
This provision refers to the regulations (the regulations
). Made under this Act:
- Poisons (Adoption of Uniform Standard) Order 2012 · Regulation · under section 14
- Poisons (Application of Uniform Standard) Order 2021 · Regulation · under section 14(2)
- Poisons (Declared Restricted Substances) Order 2017 · Regulation · under section 36
6 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
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