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[F.A.Q.]
Kiribati Consolidated Legislation |
Commencement: 20th October 1948
LAWS
OF THE GILBERT
ISLANDS
REVISED
EDITION 1977
CHAPTER 23
DANGEROUS DRUGS
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY
1. Short
title
2.
Interpretation
3. Dangerous drugs to
be dealt with through approved ports
PART II
RAW OPIUM, INDIAN HEMP AND COCA LEAF
4. Application of Part II.
Import and export of certain substances
prohibited
5. Import and export of
certain seeds prohibited
6. Forfeiture
of articles
7. Cultivation of certain
plants prohibited
8.
Offences
9. Power of entry and of
arrest
10. Seizure and destruction of
plants
PART III
PREPARED OPIUM
11. Importation or
exportation of prepared opium
prohibited
12. Manufacturing, selling
or using prepared opium
PART IV
MEDICINAL OPIUM, MORPHINE, COCAINE AND CERTAIN OTHER DRUGS
13. Application of Part
IV
14. Importation or exportation of
certain substances prohibited
15.
Rules
16. Certain drugs to be
deposited in store
17. Drugs may be
withdrawn on authority of the
Secretary
18. The Secretary may
delegate authority
19.
Withdrawals
20. Drugs not to be kept
in a place other than the store without
authority
21. Export of dangerous
drugs
22. Export without authorisation
prohibited
23. Export authorisation to
be produced
24. Export to be in
accordance with Ordinance
25.
Importation of dangerous drugs
26.
Permission to withdraw drugs from
store
27. Importation without
authorisation prohibited
28. Export
authorisation or diversion certificate to accompany
drug
29. Importation to be in
accordance with Ordinance
30.
Exception of certain substances and preparations from certain provisions of Part
IV
PART V
DANGEROUS DRUGS IN TRANSIT AND DIVERSION OF DANGEROUS DRUGS
31. Dangerous drug in
transit
32. Removal
licences
33. Dangerous drugs not to be
tampered with
34. Diversion of
dangerous drugs
PART VI
LEGAL PROCEEDINGS, PENALTIES AND GENERAL
35. Application of Customs
Ordinance
36. Search
warrant
37. Exemption from
liability
38. Powers of inspection and
search
39. Offences and
penalties
40. Power of
arrest
41. Reward to
informer
42. Certificate as
evidence
SCHEDULES
--------------------------------
An Ordinance relating to dangerous drugs
6
of 1948
10 of
1949 (Cap. 33 of
1952)
3 of
1966
10 of
1967
8 of
1968
2 of
1969
8 of 1971
(Cap. 32 of
1973)
14 of
1974
26 of
1977
Commencement: 20th October 1948
PART I
PRELIMINARY
Short
title
1.
This Ordinance may be cited as the Dangerous Drugs
Ordinance.
Interpretation
2.
In this Ordinance unless the context otherwise requires-
"cocaine" means methyl-benzoyl laevo-ecgonine ([a] D 20° =16°4) in 20 per cent solution of chloroform of which the formula is C17H21O4N;
"coca leaf" means the leaf of the Erythroxylon coca Lamarck and the Erythroxylon novo-granatense (Morris) Hieronymus and their varieties belonging to the family Erythroxylaceae and the leaf of other species of this genus from which it may be found possible to extract cocaine either directly or by chemical transformation;
"the Commission" means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations;
"Convention" means the International Opium Convention signed at The Hague on 23rd January 1912 (The Hague Convention), the International Opium Convention signed at Geneva on 19th February 1925 (The Geneva Convention No. 1), and the International Convention for limiting the manufacture and regulating the distribution of narcotic drugs signed at Geneva on 13th July 1931 (The Geneva Convention No. 2) as respectively amended by the Protocol;
"conveyance" includes ship, aircraft and any other means of transport by which goods may be brought into or taken from the Gilbert Islands;
"corresponding law" means a law stated in a certificate purporting to be issued by or on behalf of the government of a country outside the Islands to be a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention or a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of drugs in accordance with the provisions of the Hague Convention, the Geneva Convention (No. 1) and the Geneva Convention (No. 2) as respectively amended by the Protocol; and any statement in any such certificate as to the effect of the law mentioned in the certificate or a statement in any such certificate that any facts constitute an offence against that law shall be conclusive;
"crude cocaine" means any extract of the coca leaf which can be used directly or indirectly for the manufacture of cocaine;
"dangerous drug" means any of the substances which may be from time to time subject to the provisions of this Ordinance;
"diacetylmorphine" means diacetylmorphine (diamorphine, heroin) having the formula C21H23O5N (C17H17 (C17H17 (C2H3O)2O3N);
"diversion certificate" means a certificate issued by a competent authority in a country through which a dangerous drug passes in transit, authorising the diversion of such drug to a country other than that specified as the country of ultimate destination in the export authorisation, and containing all the particulars required to be included in an export authorisation together with the name of the country from which the consignment was originally exported;
"ecgonine" means laevo-ecgonine ([a] D 20° = 45° 6 in 5 per cent solution of water) of which the formula is C9H15O3NH2O and all the derivatives of laevo-ecgonine which may serve industrially for its recovery;
"export" means to take or cause to be taken out of the Islands otherwise than in transit;
"export authorisation" means an authorisation issued by a competent authority in a country from which a dangerous drug is exported, containing full particulars of such drug and the quantity authorised to be exported, together with the names and addresses of the exporter and the person to whom it is to be sent and stating the country to which, and the period within which, it is to be exported;
"the Geneva Convention (No. 1)" means the International Opium Convention signed at Geneva on 19th February 1925;
"the Geneva Convention (No. 2)" means the Convention signed at Geneva on 13th July 1931, being the Convention for the purpose of supplementing the Geneva Convention (No. 1) and the Hague Convention;
"the Hague Convention" means the International Opium Convention signed at the Hague on 23rd January 1912;
"import" means to bring or cause to be brought into the Islands otherwise than in transit;
"import authorisation" means a licence issued by a competent authority authorising the importation of a specified quantity of a dangerous drug and containing full particulars of the drug, together with the name and address of the person authorised to import the drug and the name and address of the person from whom the drug is to be obtained and specifying the time within which the importation must be effected;
"import certificate" means a certificate substantially in the Form A set out in Schedule 1 issued by a competent authority in a country into which it is intended to import dangerous drugs;
Schedule 1 Form A
"Indian hemp" means either of the plants Cannabis sativa or Cannabis indica or any portion thereof;
"in transit" means taken or sent from any country and brought into the Islands (whether or not landed or transhipped in the Islands) for the sole purpose of being carried to another country, either by the same, or another conveyance;
"medicinal opium" means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether in powder form or granulated or otherwise, or mixed with neutral materials;
"morphine" means the principal alkaloid of opium having the formula C17H19O3N;
"the Organisation" means the World Health Organisation;
"prepared opium" means the product of raw opium obtained by a series of special operations, especially by dissolving, boiling, roasting and fermentation designed to transform it into an extract suitable for consumption, and includes dross and all other residues remaining after opium has been smoked;
"the Protocol" means the Protocol on Narcotic Drugs signed at Lake Success, New York, on 11th December 1946;
"raw opium" means the spontaneously coagulated juice obtained from the capsules of the Papaver somni ferum which has been submitted only to the necessary manipulations for packing and transport, whatever its morphine content;
"the Single Convention" means the Single Convention on Narcotic Drugs signed at New York on 30th March 1961;
"store" means a place appointed by the Secretary for the storage of any drug to which this Ordinance applies on its arrival in the Islands.
Dangerous
drugs to be dealt with through approved
ports
3.
No person shall import, export, tranship or divert dangerous drugs except
through ports approved by the Minister.
PART II
RAW OPIUM, INDIAN HEMP AND COCA LEAF
Application
of Part
II
4.
(1) The provisions of this Part of this Ordinance shall apply to raw opium, coca
leaf and Indian hemp and resins obtained from Indian
hemp and preparations of
which such resins form the
base.
Import
and export of certain substances
prohibited
(2) No person shall
import or export any of the substances to which this Part
applies.
Import
and export of certain seeds
prohibited
5.
No person shall import or export any seed of the opium poppy or any seed of
Indian hemp or any seed of the coca leaf or any portion
of the aforesaid
plants.
Forfeiture
of
articles
6.
If any substance to which this Part applies is unlawfully imported or exported,
the same shall be seized and forfeited, and shall
be disposed of in any way the
Chief Customs Officer may direct, without any further
proceedings.
Cultivation
of certain plants
prohibited
7.
No person shall cultivate in the Gilbert Islands the opium poppy or Indian hemp
or coca leaf
plant.
Offences
8.
Every person-
(a) who knowingly cultivates opium poppy, Indian hemp or coca leaf whether for private use or otherwise; or
(b) found in possession of or selling, or who shall have given or sold, to any person any substance to which this Part applies;
shall
be guilty of an offence under this
Ordinance.
Power
of entry and of
arrest
9.
(1) Any police officer may, upon a warrant, enter any place in which there is a
reasonable ground for suspicion that raw opium, Indian
hemp or coca leaf is kept
or may be found so as to constitute an offence against this Ordinance and may
seize any raw opium, Indian
hemp or coca leaf found there, together with
baskets, jars, or packages holding the same, and apprehend and detain any person
suspected
of owning the same.
(2)
Any police officer may without warrant apprehend and detain any person carrying
or conveying any raw opium, Indian hemp or coca
leaf.
(3) Any person apprehended
under the provisions of the foregoing subsections shall be taken as soon as may
be possible before the
court to be dealt with according to
law.
Seizure
and destruction of
plants
10.
All opium poppy, Indian hemp or coca leaf found upon any plantation, whether
growing or not, may be seized and destroyed by the owner
or manager or any
person duly authorised by either of them.
PART III
PREPARED OPIUM
Importation
or exportation of prepared opium
prohibited
11.
No person shall import or export any prepared opium, or any pipes or other
utensils for use in connection with the smoking of opium,
or any utensil for use
in connection with the preparation of opium for
consumption.
Manufacturing,
selling or using prepared
opium
12.
(1) If any person-
(a) manufactures, sells or otherwise deals in prepared opium; or
(b) has in his possession any prepared opium; or
(c) being the occupier of any premises, permits those premises to be used for the preparation of opium for consumption or the sale of smoking or prepared opium; or
(d) is concerned in the management of any premises used for any such purposes as aforesaid; or
(e) has in his possession any pipes or other utensils for use in connection with the smoking of opium, or any utensils used in connection with the preparation of opium for smoking; or
(f) smokes or otherwise uses prepared opium, or frequents any place used for the purpose of opium smoking;
he
shall be guilty of an offence against this
Ordinance.
(2) If any prepared
opium, or, any article used in the preparation of or used in connection with the
smoking of prepared opium, is
imported or exported, or found in the Gilbert
Islands, the same shall be seized and forfeited and shall be disposed of in such
manner
as the Chief Customs Officer may direct, without further
proceedings.
PART IV
MEDICINAL, OPIUM, MORPHINE; COCAINE AND CERTAIN OTHER DRUGS
Application
of Part IV Schedule
2
13.
(1) The provisions of this Part shall apply to the substances for the time being
specified in Part I of Schedule
2.
(2) If-
(a) it appears to the Minister that a decision of the Commission or of the Organisation to alter any of the Schedules to the Single Convention or to apply to a substance measures of control applicable under that Convention to substances specified in Schedule 1 thereto requires the addition of a substance to, or the removal of a substance from, Part I or Part II of Schedule 2 or both the removal of a substance from Part I of that Schedule and the removal of a substance from Part II thereof; or
(b) it appears to the Minister probable that there will be taken such a decision as aforesaid of the Commission or of the Organisation as will require the addition of a substance to Part I of Schedule 2 and that, in the circumstances of the case, it is expedient to anticipate the decision;
he
may by order make the requisite modifications in the said
Schedule.
Importation
or exportation of certain substances
prohibited
14.
No person shall import or export any substance to which this Part applies,
except in accordance with sections 21 to
29.
Rules
15.
(1) For the purpose of preventing the improper use of the dangerous drugs to
which this Part applies, the Minister may make rules
not inconsistent with the
provisions of this Ordinance for controlling the manufacture, sale, possession,
distribution and custody
of any or all of the dangerous drugs to which this Part
relates; and in particular, but without prejudice to the generality of the
foregoing power, for-
(a) prohibiting the manufacture of any dangerous drugs to which this Part applies, except on premises licensed for the purpose and subject to any conditions specified in the licence;
(b) prohibiting the manufacture, sale or distribution of any such dangerous drugs, except by persons licensed or otherwise authorised under the rules and subject to any conditions specified in the licence or authority;
(c) regulating the issue by medical practitioners of prescriptions containing any such dangerous drug and the dispensing of any such prescription;
(d) requiring persons engaged in the manufacture, sale or distribution of any such dangerous drug to keep such books and to furnish such information, either in writing or otherwise, as may be prescribed; and
(e) requiring persons engaged in the manufacture, sale or distribution of any such dangerous drug to furnish such estimates of amounts of any such dangerous drug as are likely to be required annually.
(2)
The rules under this section shall provide for authorising any person lawfully
carrying on the business of a pharmaceutical chemist
and druggist in accordance
with the Pharmacy and Poisons Ordinance-
Cap. 70
(a) to manufacture at his shop in the ordinary course of his retail business any preparation, admixture or extract of any dangerous drug to which this Part applies; and
(b) to carry on at his shop the business of retailing, dispensing or compounding any such dangerous drug;
subject
to the power of the Minister to withdraw the authorisation in the case of any
person convicted of an offence against this
Ordinance.
(3) Nothing in any
rules made under this section shall be taken to authorise the sale or the
keeping of an open shop for the retailing,
dispensing or compounding of poisons
by any person who is not qualified in that behalf under, or otherwise than in
accordance with,
the provisions of the Pharmacy and Poisons Ordinance, or to be
in derogation of the provisions of the said Ordinance for prohibiting,
restricting or regulating the sale of
poisons.
Certain
drugs deposited in
store
16.-(1)
All dangerous drugs to which this Part applies imported into the Gilbert Islands
shall be deposited at the cost, risk and peril
of the persons importing the
same, in such store as shall be appointed by the Minister for that
purpose.
(2) Any person in
possession of any dangerous drug to which this Part of this Ordinance applies,
shall keep a stock book in such form
as shall be prescribed by rule made under
this
Part.
Drugs may
be withdrawn on authority of the
Secretary
17.
No dangerous drug to which this Part applies shall be delivered or withdrawn
from the appointed store except on the written authority
of the Secretary or an
officer authorised by him as hereinafter
provided.
The
Secretary may delegate
authority
18.
The Secretary may authorise in writing an officer in his department to sign the
authority required by this Ordinance for the withdrawal
from the store of the
dangerous drugs to which this Part
applies.
Withdrawals
19.
No officer shall authorise the withdrawal of any dangerous drug to which this
Part applies from the store, except to a registered
medical practitioner,
licensed pharmacist, registered dentist, qualified veterinary surgeon, or to a
hospital attendant approved
by the Secretary at a plantation hospital, or to a
person approved by the Secretary engaged in medical work under the control of
a
recognised
mission.
Drugs
not to be kept in a place other than the store without
authority
20.
When any dangerous drug to which this part of this Ordinance applies is found in
the possession of any person or kept in any place
other than the appointed
store, such person or the occupier of such place, unless he can prove that such
drug was obtained under
the authority of this Ordinance, or in accordance with
the prescription of a registered medical practitioner, or from a person having
authority to sell it, or was deposited there without his knowledge or consent,
and also the owner of, or any person guilty of keeping,
the said dangerous drug,
shall be guilty of an offence against this
Ordinance.
Export
of dangerous drugs
Schedule 1 Form
B
21.
(1) Upon the production of an import certificate duly signed by the competent
authority in any country, the Secretary may issue an
export authorisation, in
the Form B set out in Schedule 1, in respect of any dangerous drugs to which
this Part applies referred
to in the import certificate, to any person who is
named as the exporter in such certificate, and is, under the provisions of this
Ordinance otherwise lawfully entitled to export such
drugs.
(2) The export
authorisation shall be prepared in triplicate and 2 copies shall be issued to
the exporter, who shall send 1 copy with
the drug to which it refers, when such
drug is exported.
(3) The
Secretary shall send the third copy direct to the appropriate authority of the
country of ultimate
destination.
(4) Where the
intended exportation is to a country which is not a party to the Convention, it
shall not be necessary to produce an
import certificate as
aforesaid.
(5) In all cases it
shall be in the absolute discretion of the Secretary to issue or refuse an
export authorisation, as he may deem
fit.
Export
without authorisation
prohibited
22.
No dangerous drug to which this Part applies shall be exported unless the
exporter is in possession of a valid and subsisting export
authorisation
relating to such drug granted under this
Ordinance.
Export
authorisation to be
produced
23.
At the time of exportation of any dangerous drug, the exporter shall produce to
the Chief Customs Officer the dangerous drug, the
export authorisation relating
thereto, and such other evidence as the latter may require to satisfy him that
the dangerous drug is
being lawfully exported to the place and person named in
the authorisation which refers to
it.
Export to
be in accordance with
Ordinance
24.
No person shall export, cause to be exported, or take any steps preparatory to
exporting, any dangerous drug except in accordance
with and in pursuance of the
provisions of this
Ordinance.
Importation
of dangerous drug
Schedule 1 Form
C
25.
(1) An import authorisation, in the Form C set out in Schedule 1, permitting the
importation of any dangerous drugs specified therein,
may be granted by the
Secretary, subject to such conditions as he shall deem fit, to any person who
may lawfully import such drug.
(2)
When an import authorisation is issued in pursuance of subsection (1), the
Secretary shall also issue in relation to the dangerous
drug intended to be
imported an import certificate as set out in Form A in Schedule 1, which shall
be forwarded by the intending
importer to the person from whom the drug is to be
obtained, and when an importer to whom an import authorisation is issued under
this section intends to import the drug or drugs to which such authorisation
related in more than one consignment, a separate import
certificate shall be
issued to him in respect of each such consignment.
Schedule 1 Form A
Permission
to withdraw drugs from
store
26.
(1) Upon the arrival of any dangerous drugs in the Gilbert Islands, the person
to whom such drugs are sent shall apply in writing
to the Secretary for
permission to withdraw such drugs from the appointed store; and such application
shall state the manner in which
the drugs were imported, the number and date of
import authorisation and the quantity of such
drugs.
(2) The Secretary, or the
officer authorised by him under section 18, if satisfied that the said drugs
agree in all particulars with
the drugs specified in the import authorisation,
may grant permission, in the Form F in Schedule 1, for the removal of the said
drugs
from the store.
Schedule 1 Form F
Importation
without authorisation
prohibited
27.
No dangerous drug shall be imported unless the person to whom the drug is
consigned is in possession of a valid and subsisting import
authorisation
granted in pursuance of this
Ordinance.
Export
authorisation or diversion certificate to accompany
drug
28.
Every dangerous drug imported from a country which is a party to the Convention
or the Single Convention shall be accompanied by
a valid and subsisting export
authorisation or diversion
certificate.
Importation
to be in accordance with
Ordinance
29.
No person shall import, cause to be imported, or take any steps preparatory to
importing, any dangerous drug to which this Part applies
except in accordance
with the provisions of this
Ordinance.
Exception
of certain substances and preparations from certain provisions of Part IV
Schedule
2
30.
The provisions of sections 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,
28 and 29 shall not apply to any preparation or other
substance for the time
being falling within Part II of Schedule 2.
PART V
DANGEROUS DRUGS IN TRANSIT AND DIVERSION OF DANGEROUS DRUGS
Dangerous
drug in
transit
31.
(1) No person shall bring any dangerous drug to the Gilbert Islands in transit
unless-
(a) the drug is in course of transit from a country from which it may lawfully be exported to another country into which such drug may lawfully be imported; and
(b) except where the drug comes from a country not a party to the Convention or the Single Convention, it is accompanied by a valid and subsisting export authorisation or diversion certificate, as the case may be.
(2)
When any dangerous drug in transit is accompanied by an export authorisation or
diversion certificate and the Chief Customs Officer
has reasonable grounds for
believing that such authorisation or certificate is false, or that it has been
obtained by fraud or wilful
misrepresentation of a material particular, the
Chief Customs Officer may seize and detain the drug to which such authorisation
or
certificate relates; and upon being satisfied that such authorisation or
certificate is valid; or has not been obtained by fraud
or misrepresentation as
aforesaid, the Chief Customs Officer shall release the
drug.
(3) When a dangerous drug in
course of transit is not accompanied by an export authorisation or diversion
certificate by reason of
the fact that the drug comes from a country not a party
to the Convention or the Single Convention and the Chief Customs Officer
has
reasonable grounds for believing it is being conveyed in an unlawful manner, or
for an unlawful purpose, or is in course of transit
for the purpose of being
imported into another country in contravention of the laws of that country, the
Chief Customs Officer may
seize and detain the
drug.
(4) When a dangerous drug in
course of transit is landed or transhipped in the Gilbert Islands, it shall
remain under the control
of the Secretary and shall be moved only under and in
accordance with a removal licence granted in pursuance of section
32.
(5) Nothing in this section
contained shall be deemed to apply to any dangerous drug in transit by post or
in transit by air, if the
aircraft passes over the Islands without landing; or
to such quantities of dangerous drugs as may
bona
fide reasonably form part of the medical
stores of any ship or
aircraft.
Removal
licences
32.
(1) No person shall-
(a) remove any dangerous drug from any conveyance in which it is brought into the Gilbert Islands in transit; or
(b) in any way move any such drug in the Islands at any time after removal from such conveyance;
except
under and in accordance with a licence (in the Form D set out in Schedule 1 and
in this Ordinance referred to as a "removal
licence") issued by the Secretary;
and in all cases it shall be in the absolute discretion of the Secretary to
issue or refuse a
removal licence as he shall deem fit.
Schedule 1 Form D
(2) No removal licence for
the transfer of any such drug to any conveyance for removal out of the Gilbert
Islands shall be issued
unless and until a valid and subsisting export
authorisation or diversion certificate relating to it is produced to the
Secretary;
save that when the drug has come from a country not a party to the
Convention or the Single Convention this subsection shall not
apply.
(3) The provisions of this
section shall not apply to dangerous drugs in transit by
post.
Dangerous
drugs not to be tampered
with
33.
No person shall cause any dangerous drug in transit to be subjected to any
process which would alter its nature, or wilfully open
or break any package
containing any dangerous drug in transit except upon the instructions of the
Secretary, and in such a manner
as he may
direct.
Diversion
of dangerous drugs
Schedule 1 Form
E
34.
(1) No person shall, except under the authority of a diversion certificate in
the Form E in Schedule 1, cause or procure any dangerous
drug brought into the
Gilbert Islands in transit to be diverted to any destination other than that to
which it was originally consigned;
and in the case of any dangerous drug in
transit accompanied by an export authorisation or a diversion certificate issued
by a competent
authority of some other country, the country stated in such
export authorisation or diversion certificate, as the case may be, to
be the
country of destination, shall be deemed to be the country to which the drug was
originally consigned.
(2) The
Secretary may, in his absolute discretion, issue a diversion certificate in
respect of any dangerous drug in transit, on the
production to him of a valid
and subsisting import certificate issued by a competent authority in the country
to which it is intended
to divert the drugs; or, if that country is not a party
to the Convention or the Single Convention, on such evidence as may satisfy
him
that the drug is to be sent in a lawful manner and for a proper
purpose.
(3) A diversion
certificate shall be issued in duplicate and 1 copy thereof shall accompany the
drug when it is exported, and another
copy shall be despatched by the Secretary
to the proper authority in the country to which the dangerous drug has been
diverted.
(4) Upon the issue of a
diversion certificate, the export authorisation or diversion certificate (if
any) accompanying the drug on
its arrival in the Gilbert Islands shall be
detained by the Secretary and returned to the authority issuing such
authorisation or
diversion certificate, together with a notification of the name
of the country to which such drug has been diverted.
PART VI
LEGAL PROCEEDINGS, PENALTIES AND GENERAL
Application
of Customs
Ordinance
35.
(1) Articles the importation of which is prohibited by this Ordinance and, to
the extent to which their importation is prohibited,
articles the importation of
which is restricted by this Ordinance, shall be deemed to be goods the
importation of which is prohibited
under the Customs Ordinance; and, subject to
the provisions of this Ordinance, the said Ordinance and any Ordinance amending
the
same shall apply to such articles.
Cap. 22
(2) If any goods the
exportation of which is prohibited or restricted by this Ordinance are exported
in contravention thereof, or
brought to a wharf or other place to be shipped in
any conveyance, the exporter or his agent shall be liable for each offence to
forfeit either treble the value of the goods or $200, at the option of the Chief
Customs
Officer.
Search
warrant
36.
(1) A magistrate, if satisfied by information on oath that any drug or other
substance to which this Ordinance applies is being unlawfully
kept, landed,
conveyed or sold in contravention of this Ordinance, in any place, whether a
building or not, or in any ship not having
the status of a ship of war, or in
any vehicle, may grant a warrant to enter at any time, and if needs be by force,
on Sundays as
well as any other days, the place, ship or vehicle named in such
warrant, and every part thereof to examine and to search for any
such drug or
other article unlawfully kept therein, and to demand from the owner or occupier
thereof the production of the authority
for being in possession of the
same.
(2) When the officer or
other person executing such warrant has reasonable cause to believe that any
drug or other article to which
this Ordinance applies, found by him in any
place, ship or vehicle, is being kept, conveyed, landed or sold in contravention
of this
Ordinance, he may seize and detain the same until the court has decided
whether the same is liable to be forfeited or
not.
(3) Proceedings in the court
shall be commenced as soon as possible after the
seizure.
Exemption
from
liability
37.
Any person acting under the aforementioned warrant shall not be liable to any
suit for seizing or detaining any drug or other article
to which this Ordinance
applies.
Powers
of inspection and
search
38.
(1) Any medical officer, officer of customs or police officer not below the rank
of assistant inspector, or other person authorised
in that behalf by any general
or special order of the Secretary, shall, for the purposes of this Ordinance,
have power to enter the
premises of any person carrying on the business of a
producer, manufacturer, seller or distributor of any drug to which this
Ordinance
applies, and to demand the production of and to inspect, any books or
documents relating to dealings in any such drugs, and to inspect
any stocks of
any such drugs.
Cap. 22
(2) If a magistrate is
satisfied by information on oath that there is a reasonable ground for
suspecting that any drugs to which this
Ordinance applies are, in contravention
of the provisions of this Ordinance or any rules made thereunder, in the
possession of or
under the control of any person in any premises, or that any
document relating to, or, connected with, any transaction or dealing
which was,
or any intended transaction or dealing which would, if carried out, be, an
offence against this Ordinance, or in the case
of a transaction or dealing
carried out or intended to be carried out in any place outside the Gilbert
Islands, an offence against
the provisions of any corresponding law in force in
that place, is in the possession of, or under the control of, any person in any
premises, he may grant a search warrant authorising any police officer named in
the warrant to enter, if need be, by force, the premises
named in the warrant,
and to search the premises and any person found therein, and if there be
reasonable ground for suspecting that
an offence has been committed against this
Ordinance in relation to any such drugs which may be found in the premises or in
possession
of any such persons, or that any document which may be so found is
such a document as aforesaid, to seize and detain those substances
and that
document as the case may be.
(3)
If any person wilfully delays or obstructs any person in the exercise of his
powers under this section, or fails to produce, or
conceals, or attempts to
conceal, any such books, drugs, stocks or documents as aforesaid, he shall be
guilty of an offence under
this
Ordinance.
(4) Where any search is
made upon a female it shall be conducted by a
female.
Offences
and
penalties
39.
(1) Any person who-
(a) acts in contravention of or fails to comply with any of the provisions of this Ordinance or any rules made under this Ordinance; or
(b) acts in contravention of or fails to comply with the conditions of any licence issued or any authority granted under or in pursuance of this Ordinance; or
(c) for the purpose of obtaining for himself or for any other person, the issue, grant or renewal of any such licence or authority as aforesaid, makes any declaration or statement which is false in any particular, or knowingly utters, produces or makes use of, any such statement or declaration or any document confirming the same; or
(d) in the Gilbert Islands aids, abets, counsels or procures the commission in any place outside the Islands of any offence punishable under the provisions of any corresponding law in force in that place, or does any act preparatory to, or in furtherance of, any act which, if committed in the Islands, would constitute an offence against this Ordinance;
shall
be guilty of an offence under this
Ordinance.
(2) Every person guilty
of an offence under this Ordinance shall, in respect of each offence for which
no penalty is otherwise prescribed,
be liable-
(a) on conviction by the High Court, to a fine of $2000 and to imprisonment for 10 years; or
(b) on summary conviction by a magistrates' court, to a fine not exceeding $1000 and to imprisonment for 5 years;
and
shall in every case, on conviction for the offence, forfeit to Her Majesty all
articles in respect of which the offence was committed;
and the court before
which the offender was convicted may order the forfeited articles to be
destroyed or otherwise disposed of,
as the court deems
fit.
(3) No person shall be
proceeded against under subsection (1)
(a)
unless the proceedings are instituted by, or with the consent of, the
Attorney-General; and no person, on conviction for any offence
of contravening
or failing to comply with any rules made under this Ordinance, relating to the
keeping of books, or the issuing or
dispensing of prescriptions containing drugs
to which this Ordinance applies, shall be sentenced to imprisonment without the
option
of a fine, or to pay a fine exceeding $100, 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 of, or intended commission
of, any other offence against this
Ordinance.
(4) If any person
attempts to commit an offence against this Ordinance, or solicits or incites
another person to commit such an offence,
he shall, without prejudice to any
other liability, be liable to the same punishment and forfeiture as if he had
committed an offence
against this
Ordinance.
(5) When a person
convicted of an offence against this Ordinance 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.
(6) Notwithstanding any
enactment prescribing the time within which such proceedings may be brought, any
such proceedings for an offence
against this Ordinance may be brought either
within the time so specified or 3 months from 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 is the longer;
and for the
purposes of this subsection, a certificate purporting to be signed by the
Attorney-General as to that date on which such
evidence as aforesaid comes to
his knowledge, shall be conclusive evidence thereof; and this provision of this
subsection 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.
Power
of
arrest
40.
Any officer of customs or police officer may arrest without warrant any person
who has committed, or attempted to commit, or is reasonably
suspected by an
officer of customs or police officer of having committed or attempted to commit,
an offence against this Ordinance,
if he has reasonable ground for believing
that that person will abscond unless arrested, or if the name and address of
that person
are unknown to him and cannot be ascertained by
him.
Reward to
informer
41.
The court before which any person is convicted for any offence under this
Ordinance may direct a portion of the fine actually paid
into court, and not
exceeding one-half, to be paid to an
informer.
Certificate
as
evidence
42.
In any proceedings under this Ordinance the production of a certificate
purporting to be signed by a government chemist shall be
prima facie evidence of
the facts therein stated.
_______
SCHEDULE 1
FORM
A
(Section
2)
Import Certificate issued by the Government of the Gilbert Islands
Serial
No.
File No.
International Conventions on Narcotic Drugs
CERTIFICATE OF OFFICIAL APPROVAL TO IMPORT
I, being the person
charged with the administration of the law relating to Dangerous Drugs to which
the International Conventions
on Narcotic Drugs apply, hereby certify that I
have approved the importation by [here insert name, address and business of
importer]
of [here insert exact description and amount of drug to be imported]
from [here insert name and address of firm in exporting country
from which drugs
are to be obtained] subject to the conditions, that-
(1) the consignment shall be imported before the ........ and ......
(2) the consignment shall be imported by ...... and that I am satisfied that the consignment proposed to be imported is required-
(1) for legitimate purposes;
(2) solely for medicinal or scientific purposes.
Date
Signature and Stamp of Issuing Authority.
This document is solely
for production to the Government of the country from which the drug is proposed
to be exported.
________
FORM
B
(Section
21)
Serial No.
File
No.
Applicant's reference
No.
THE
GILBERT ISLANDS
Dangerous Drugs
Ordinance
EXPORT AUTHORISATION
In pursuance of the
Dangerous Drugs Ordinance, the Secretary to the Ministry of Health and Community
Affairs hereby authorises ............ hereinafter called "the exporter" to
export from-
(1) the port of .......... by s.s.
(2) the Gilbert Islands by parcel post in parcels from the General Post Office in .........to .......... in virtue of Import Certificate No. ...... dated ........ issued by ...... the following drugs, namely-
This authorisation is issued subject to the following conditions-
1. This authorisation is not a licence to obtain or be in possession of the drugs named herein.
2. This authorisation is available only for drugs of the exact quantity, kind and form specified above.
3. This authorisation does not relieve the exporter from compliance with any Customs Ordinance in force for the time being, relating to the exportation of goods from the Gilbert Islands, nor from any provision of the Post Office Ordinance, or of any Post Office Regulations, for the time being in force, nor from any rules or regulations, respecting the transmission of articles by post, which may for the time being be in force within the Islands or elsewhere.
4. If the drugs are authorised to be exported by ship, the duplicate copy which is attached shall accompany the consignment to the place of destination, and for this purpose the exporter shall cause it to be delivered to the master of the vessel by which the consignment is despatched (see footnote 3).
5. If the drugs are authorised to be despatched by post, the attached duplicate copy shall be placed inside the outer wrapper of the parcel containing the drugs. If the drugs are contained in more than 1 parcel, the duplicate copy shall be placed inside the outer wrapper of one of them, the parcels shall be consecutively numbered on the outer wrapper, and on each parcel shall be legibly stated the number of the parcel in which the duplicate copy is to be found (see footnote 2).
6. The exporter, if so required by the Chief Customs Officer, shall produce to him within such time as he may allow, proof to his satisfaction that the said drugs were duly delivered at the destination named in the authorisation; and in the event of non-compliance with this condition, the authorisation shall be deemed void and of no effect.
7. The exporter shall furnish to the Secretary to the Ministry of Health and Community Affairs returns of the goods exported by him in pursuance of this authorisation, as may from time to time be required.
8. The authorisation is valid only for the exporter named above and may be revoked at any time by the said Secretary. It shall be produced for inspection when required by any authorised person.
9. This authorisation, unless sooner revoked, shall continue in force for 3 calendar months from the date thereof. It must be produced at the time of export to an officer of-
(1) the Customs Division; or
(2) the Post Office;
who will retain it; if not used it shall be surrendered to the said Secretary within 7 days of the date of expiry.
Signature
and stamp
Title
Date
NOTE.-(1)
If any alteration is desired in this authorisation it must be returned with a
request for amendment and a statement of the
reasons therefor. No unauthorised
alteration is permissible.
(2) In
the case of a drug to be exported by post, failure to comply with this condition
may lead to delay or confiscation of the parcels
in the country of
destination.
(3) In the case of
drugs exported by ship, this document is required in pursuance of the
International Opium Convention of 1925, Article
25, and by the Single Convention
on Narcotic Drugs to be presented to the competent authority of the country
through which the consignment
passes whether it is transhipped or not. Failure
to comply with this condition may lead to delay or confiscation of the
consignment.
_______
FORM
C
(Section
25)
Authorisation
No.
File No.
THE GILBERT ISLANDS
IMPORT AUTHORISATION
In pursuance of the
Dangerous Drugs Ordinance (hereinafter called "the Ordinance") the Secretary to
the Ministry of Health and Community
Affairs hereby authorise ........
(hereinafter called the "Importer") to import the drugs referred to in the
Schedule hereto from
............
This authorisation is issued subject to the following conditions-
1. The drugs shall be imported before
2. This authorisation is not a licence to be in possession of or to supply the drug imported.
3. This authorisation is valid only for the importer and may be revoked at any time by the said Secretary to whom it shall in that event be immediately surrendered. It shall be produced for inspection when required by any duly authorised person.
4. This authorisation does not relieve the importer from compliance with any customs regulations in force for the time being relating to the importation of goods into or transhipment of goods in the Gilbert Islands or any Post Office Regulations for the time being in force in the Islands.
5. This authorisation unless sooner revoked shall be produced to the customs officer at the time of importation and shall be surrendered to the customs officer at the time when the last consignment of drugs is imported.
6. If the importation of all the drugs specified in the Schedule is not effected before the date specified in condition No. 1 this authorisation shall immediately after that date be surrendered to the said Secretary.
7. The copy of the export authorisation, if any, which accompanies the drugs shall be forwarded to the Secretary for Health and Welfare immediately the importation of the drugs has been effected.
Date .........
Secretary to the Ministry of Health and Community Affairs
SCHEDULE SPECIFYING THE DRUGS AND QUANTITIES THEREOF TO BE IMPORTED
|
Name
of Drug
|
Quantity
|
|
1.
|
|
|
2.
|
|
|
3.
|
|
|
4.
|
|
|
5.
|
|
|
6.
|
|
This authorisation is not
to leave the possession of the importer until it is surrendered to the Secretary
to the Ministry of Health
and Community Affairs or to the customs officer who
will complete the indorsement on the back and return the authorisation to the
said Secretary.
INDORSEMENT BY CUSTOMS OFFICER AT THE TIME OF IMPORTATION
|
Date
|
Description
of drugs imported
|
No.
and date of Export Authorisation
|
Quantity
|
How
imported
|
Customs
entry or parcel No.
|
Signature,
rank and station of customs officer
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
This authorisation, when
all the drugs to which it refers have been imported, must be returned by the
customs officer to the Secretary
to the Ministry of Health and Community
Affairs.
_____
FORM
D
(Section
32)
THE GILBERT ISLANDS
LICENCE FOR THE REMOVAL OF DANGEROUS DRUGS IN TRANSIT
.............. is hereby
authorised to move the hereunder from .......... to
.........
Nature and quantity of
dangerous drugs ......
Particulars of
export authorisation or diversion certificate (if any), relating thereto
......
Name of ship in which the drugs
were brought into the Gilbert Islands
......
Number of packages
...........
Date of arrival
..................
Marks and numbers
on packages .........
This licence is issued subject to the following conditions-
1. This licence is valid only for the removal of the drugs specified above.
2. The removal of the drugs shall take place between ...... a.m./p.m. and ....... a.m./p.m. on the ........ 19....
3. If the removal of the drugs does not take place within the hours and on the day specified this licence must be returned to the Secretary to the Ministry of Health and Community Affairs forthwith; and in any case shall be surrendered when the removal has taken place.
4. The drugs must not be removed unless an officer of the Customs Division is present.
5. This licence does not authorise the person named above to be in possession of the drugs, otherwise than for the purpose of removing them in accordance with this licence.
6. The packages containing the drugs are not to be opened or broken in the course of the removal.
7. This licence must be produced at any time when required by a duly authorised person.
Date
Signed
Title
_______
FORM
E
(Section
34)
THE GILBERT ISLANDS
INTERNATIONAL CONVENTIONS ON NARCOTIC DRUGS
DIVERSION CERTIFICATE
I, being the person
charged with the administration of the law relating to the dangerous drugs to
which the International Conventions
on Narcotic Drugs apply hereby certify that
I have authorised the diversion of the consignment of drugs of which particulars
are
given below, to the destination stated
below.
Description and quantity of
drugs
Name of vessel in which the
consignment was brought to the Gilbert Islands
Name and address of exporter
Number and date of export
authorisation and authority by whom issued
Name and address of the original
consignee named in the export authorisation
Name and address of the consignee
to whom the consignment is authorised to be diverted
Number and date of import
certificate (and authority by whom issued) by virtue of which this diversion is
authorised
Name of vessel on
which the consignment is authorised to be carried from [Name of
Port]
Period within which the
consignment is to be carried from the Gilbert
Islands.
This certificate is
issued subject to the following conditions-
1. The duplicate copy of this certificate must accompany the consignment to the place of destination and for this purpose must be delivered to the master of the vessel by which the consignment is despatched.
2. This certificate does not relieve any person who is concerned with the carriage of the consignment of the drugs specified above from compliance with the Customs Regulations in force for the time being relating to the exportation of goods from the Gilbert Islands.
3. This certificate is valid only for the consignment and for the period specified above and may be revoked at any time.
4. If the consignment is not carried from the Gilbert Islands within the period specified above this certificate must be surrendered to the Secretary to the Ministry of Health and Community Affairs.
5. This certificate must be produced at any time when required by a duly authorised person.
Signed
Title
Date
NOTE.-
(1) If any alteration is desired in this certificate it must be returned with a
request for amendment. No unauthorised alteration
is
permissible.
(2) This document is
required in pursuance to the International Opium Convention, 1925, Article 15,
and by the Single Convention on
Narcotic Drugs to be produced to the competent
authorities of the country through which the dangerous drug passes, whether it
is
transhipped or not. Failure to comply with the conditions may lead to delay
or confiscation of the consignment.
_________
FORM
F
(Section
26)
(In duplicate)
No.
THE GILBERT ISLANDS
To the Customs Officer in
Charge,
Dangerous Drugs
Store,
Permission is hereby
granted ......... [business] ......... of ............. to withdraw from the
Dangerous Drugs store the undermentioned
drugs-
|
Import authorisation
|
{
|
File
No.
Serial No. Date |
How
imported
|
Name
of Drug
|
Quantity
|
|
1.
|
|
|
2.
|
|
|
3.
|
|
|
4.
|
|
|
5.
|
|
|
6.
|
|
Date
Secretary to the Ministry of Health and Community Affairs.
______
SCHEDULE
2
(Section
13)
SUBSTANCES DEALINGS IN WHICH ARE SUBJECT TO CONTROL UNDER PART IV OF THE ORDINANCE
PART I
SUBSTANCES DEALINGS IN WHICH ARE SUBJECT TO CONTROL EXCEPT, IN THE CASE OF ANY SPECIFIED IN PART II BELOW, AS REGARDS IMPORTATION AND EXPORTATION
1. The following
substances, namely-
Acetyldihydrocodeine. Allylprodine. Alphacetylmethadol. Alphameprodine. Alphamethadol. Alphaprodine. Anileridine. Benzethidine. Benzylmorphine (3-benzyl-morphine).
Betacetylmethadol.
Betameprodine.
Betamethadol.
Betaprodine.
Clonitazene.
Cocaine.
Codeine. Desomorphine. Dextromoramide. Dextropropoxyphene. Diamorphine. Diampromide (N-[2-(N methylphenethylamino) propyl] propionanilide).
Diethylthiambutene. Dihydrocodeine. Dihydromorphine. Dimenoxadole. Dimepheptanol. Dimethylthiambutene. Dioxaphetyl butyrate.
Diphenoxylate.
Dipipanone.
Ecgonine.
Ethylmethylthiambutene.
Ethylmorphine (3-ethyl-morphine).
Etonitazene.
Etoxeridine.
Fentanyl.
Furethidine.
Hydrocodone (dihydrocodeinone).
Hydromorphinol.
Hydromorphone.
Hydroxypethidine.
Isomethadone.
Ketebemidone.
Levomethorphan.
Levomoramide.
Levophenacylmorphan.
Levorphanol.
Metazocine.
Methadone.
Methadyl acetate.
Methyldesorphine.
Methyldihydromorphine (6-methyldihydromorphine).
Metopon.
Morpheridine.
Morphine.
Morphine methobromide, morphine -N-oxide and other pentavalent nitrogen morphine derivatives.
Myrophine.
Nicocodine.
Nicomorphine (3, 6 dinicotinoylmorphine).
Noracymethadol.
Norcodeine.
Norlevorphanol.
Normethadone.
Normorphine.
Norpipanone.
Oxycodone.
Oxymorphone.
Pethidine. Phenadoxone Phenampromide. Phenazocine. Phenomorphan. Phenoperidine. Pholcodine. Piminodine. Proheptazine. Properidine (1-methyl-4- phenylpiperidine -4-car-boxylic acid isopropyl ester).
Racemethorphan.
Racemoramide.
Racemorphan.
Thebacon.
Thebaine.
Trimeperidine.
4-Cyano-2-dimethylamino-4, 4-diphenylbutane.
4-Cyano-1-methyl-4-phenylpiperidine.
1-Methyl-4-phenylpiperidine-4-carboxylic acid.
2-Methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid.
4-Phenylpiperydine-4-carboxylic acid ethyl ester.
2.
Any ester (other than one expressly mentioned in paragraph 1 above) or either
(other than one so mentioned) of a substance for
the time being specified in
that paragraph.
3. Any salt of a
substance for the time being specified in paragraph 1 or 2
above.
4. Any derivative of
ecgonine which is convertible to ecgonine or to
cocaine.
5. Concentrate of
poppy-straw (that is to say, the material arising when poppy-straw has entered
into a process for the concentration
of its
alkaloids).
6. Medicinal
opium.
7. Any extract or tincture
of cannabis.
8. Any preparation,
admixture, extract or other substance containing any proportion of a substance
for the time being specified in
paragraph 1 above or in any of the paragraphs 2
to 7 above.
PART II
PREPARATIONS AND OTHER SUBSTANCES FALLING WITHIN PART I WHOSE IMPORTATION AND EXPORTATION IS EXCEPTED FROM CONTROL
9. (1) A preparation of
not more than 1 of the substances to which this paragraph applies,
when-
(a) compounded with 1 or more other ingredients in such a way that the preparation has no, or a negligible, risk of abuse, and that the substance cannot be recovered by readily applicable means or in a yield which would constitute a risk to health; and
(b) containing not more than 100 milligrammes of the substance per dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations.
(2)
The substances to which this paragraph applies are acetyldihydrocodeine,
codeine, dextropropoxyphene, dihydrocodeine, ethylmorphine
(3-ethyl-morphine),
norcodeine, pholcodine and their respective
salts.
10. A preparation of
cocaine containing not more than 0.1 per cent of cocaine calculated as cocaine
base, being a preparation compounded
with 1 or more other ingredients in such a
way that the preparation has no, or a negligible, risk of abuse and that the
cocaine cannot
be recovered by readily applicable means or in a yield which
would constitute a risk to
health.
11. A preparation of
medicinal opium or of morphine containing (in either case) not more than 0.2 per
cent of morphine calculated
as anhydrous morphine base, being a preparation
compounded with 1 or more other ingredients in such a way that the preparation
has
no, or a negligible, risk of abuse and that the opium or, as the case may
be, the morphine, cannot be recovered by readily applicable
means or in a yield
which would constitute a risk to
health.
12. Solid dose
preparations of diphenoxylate containing, per dosage unit, not more than 2.5
milligrammes of diphenoxylate calculated
as base and not less than 25
microgrammes of atropine
sulphate.
13. Pulvis Ipecacuanhae
et Opii Compositus-
10 per cent opium, in powder,
10 per cent Ipecacuanha root, in powder, well mixed with 80 per cent of any other powdered ingredient containing neither a drug to which Part II or Part III of this Ordinance applies nor a substance for the time being specified in paragraph 1 of this Schedule or in any of paragraphs 2 to 8 thereof.
14.
Mixtures containing not more than 1 of the preparations specified in paragraphs
9 to 13 above, being mixtures whereof none of
the other ingredients is either a
drug to which Part II or III of this Ordinance applies or a substance for the
time being specified
in paragraph I of this Schedule or in any of paragraphs 2
to 8 thereof.
________
[Subsidiary]
SUBSIDIARY LEGISLATION
Regulations
under section 15 (1)
DANGEROUS DRUGS REGULATIONS
L.N. 19/80
Commencement: 21 February 1980
Citation
1.
These Regulations may be cited as the Dangerous Drugs
Regulations.
Interpretation
2.
In these Regulations, unless the context otherwise requires-
"approved veterinary surgeon" means a veterinary surgeon approved as such by the Minister;
"drug" means any drug to which Part IV of the Ordinance applies or a preparation within the meaning of these Regulations;
"Ordinance" means the Dangerous Drugs Ordinance and references in these Regulations to that Ordinance shall be construed as references to that Ordinance as amended by any subsequent Ordinance;
"pharmacist" means a pharmacist registered under the Pharmacy and Poisons Ordinance;
Cap. 70
"preparation" means any preparation, admixture, extract or other substance containing such a proportion of a drug as is sufficient to make the preparation, admixture, extract or substance a drug to which Part IV of the Ordinance applies;
"registered dentist" means a dental practitioner registered under the Medical and Dental Practitioners Ordinance;
Cap. 55
"registered medical practitioner" means a medical practitioner registered under the Medical and Dental Practitioners Ordinance.
Cap. 55
Unauthorised
manufacture of drug
3. A person
shall not manufacture or carry on any process in the manufacture of a
drug-
(a) unless he is duly authorised so to do;
(b) except on authorised premises;
(c) otherwise than in accordance with the terms and conditions of his authority.
Certain
persons only permitted to purchase drugs and preparations
wholesale
4. No person shall buy a
drug or preparation wholesale except-
(a) a registered medical practitioner;
(b) a registered dentist;
(c) an approved veterinary surgeon;
(d) a registered pharmacist,
and
the Government Pharmacist shall not sell any drug or preparation wholesale
except to a person mentioned in these
Regulations.
Unauthorised
sale, etc., of drug
5. (1) Subject
as hereinafter provided a person shall not supply or procure or offer to supply
or procure or prescribe to or for any
person (including himself) and whether in
Kiribati or elsewhere or advertise for sale a drug or
preparation-
(a) unless he is authorised to do so; or
(b) otherwise than in accordance with the terms and conditions of his authority.
(2)
A person shall not supply or procure or offer to supply or procure or prescribe
a drug or preparation to or for any person (including
himself) in Kiribati
except as follows-
(a) to a person authorised to be in possession of the drug or preparation under these Regulations; or
(b) when the drug or preparation is administered by or under the direct personal suspension, and in the presence of a registered medical practitioner or by or under the direct personal supervision, and in the presence of a registered dentist in the course of dental treatment.
Unauthorised
possession of drug
6. (1) A person
shall not be in possession of a drug or preparation unless he is duly so
authorised.
(2) For the purposes
of these Regulations-
(a) a person to whom a drug or preparation is lawfully supplied on a prescription lawfully given by a registered medical practitioner, a registered dentist or an approved veterinary surgeon or to whom a drug or preparation is lawfully supplied by a registered medical practitioner, or an approved veterinary surgeon who dispenses his own medicines shall be deemed to be a person authorised to be in possession of the drug or preparation so supplied:
Provided that if a drug or preparation is supplied by or on a prescription given by a registered medical practitioner to a person who was at that time in the course of receiving treatment, whether in respect of addiction or otherwise, from and being supplied with a drug or preparation by or on a prescription given by another medical practitioner, that person shall not for the purposes of these Regulations be deemed to be a person authorised to be in possession of the drug or preparation supplied by or on a prescription given by the first mentioned medical practitioner if he did not before the supply thereof to him disclose to the first mentioned medical practitioner the fact that he was being so treated and supplied by or on a prescription given by that other medical practitioner;
(b) a person shall be deemed to be in possession of a drug or preparation if it is in his actual custody or is held by any other person subject to his control, or for him or on his behalf.
Delivery
of drug to agent
7. (1) Where a
drug or preparation is to be lawfully supplied to any person (hereinafter
referred to as "the recipient") otherwise
than by or on a prescription given by
a registered medical practitioner, the person supplying the drug or preparation
(hereinafter
referred to as "the supplier") shall not deliver it to a person who
purports to be sent by or on behalf of the recipient, unless
that person
either-
(a) is a person authorised under these Regulations to be in possession of that drug or preparation; or
(b) produces to the supplier a statement in writing signed by the recipient to the effect that he is authorised by the recipient to receive the drug or preparation in question on behalf of the recipient and the supplier is satisfied that the document is a genuine document.
(2)
A person to whom a drug or preparation is lawfully delivered in the
circumstances mentioned in sub-paragraph
(b)
of the last preceding paragraph shall be deemed to be a person authorised to be
in possession thereof, but for such period only as
in the circumstances of the
case is reasonably sufficient to enable the delivery to the recipient to be
effected.
Persons
authorised to be in possession of drugs,
etc.
8. (1) Persons who are
members of the following classes, that is to say-
(a) registered medical practitioners;
(b) registered dentists;
(c) approved veterinary surgeons;
(d) medical officers; and
(e) owners and commanders of aircraft,
are
hereby authorised so far as may be necessary for the practice or exercise of
their respective professions or employments, or to
enable compliance by them
with the provisions of any law for the time being in force in relation to them,
in their capacity as members
of their respective classes to be in possession of,
and to supply, drugs or
preparations:
Provided that a
dentist shall not be authorised to supply a drug or preparation otherwise than
by the personal administration thereof
by him to persons receiving treatment by
him.
(2) The master of any
overseas registered vessel which is in a port in Kiribati is hereby authorised
to procure and to be in possession
of such quantity of drugs and preparations as
may be certified by the Chief Medical Officer to be necessary for the equipment
of
such vessel until it reaches its home
port.
Registered
pharmacists
9. (1) Registered
pharmacists actually in business are hereby authorised-
(a) to manufacture at the shop in the ordinary course of their retail business-
(i) any extract or tincture of Indian hemp;
(ii) any preparation; and
(b) subject to the provisions of these Regulations to carry on the business of retailing, dispensing or compounding drugs or preparations.
(2)
Every drug or preparation in the actual custody of a person authorised by virtue
of this Regulation shall be kept in a locked
receptacle which can be opened only
by him or by an assistant of his who is a registered
pharmacist.
Withdrawal
of authority
10. (1) If any person
being an authorised person within the meaning of these Regulations is convicted
of an offence against the enactments
relating to the Customs as applied by the
Ordinance the Minister may, if he is of the opinion that the person ought not to
be allowed
to remain an authorised person, by notice in the Gazette withdraw the
authority of that person.
(2)
Where the person whose authority is withdrawn under the last preceding paragraph
is a registered medical practitioner, a registered
dentist or an approved
veterinary surgeon, the Minister may, by notice given in like manner direct that
it shall not be lawful for
that person to give prescriptions for the purposes of
these
Regulations.
Prescription
11.
(1) For the purposes of these Regulations a prescription means a prescription in
the prescribed form directing the supply of a
drug or preparation and given
either by a registered medical practitioner for the purposes of medical
treatment, by a registered
dentist for the purposes of dental treatment or by an
approved veterinary surgeon for the purposes of animal
treatment.
(2) The prescribed form
for prescriptions for a drug or preparation shall be in the form set out in
section 37 of the Pharmacy and
Poisons
Ordinance.
Supply
of drug on prescription
12. (1) A
person shall not supply a drug or preparation on a prescription-
(a) unless the prescription complies with the provisions of these Regulations relating to prescriptions; and
(b) unless he either-
(i) is