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Drugs and Poisons Act

Repealed by the Drugs and Poisons (Repeal) Act 2003

TONGA

DRUGS AND POISONS ACT

1988 Revised Edition

DRUGS AND POISONS ACT

Acts Nos. 11 of 1930, 4 of 1931, 14 of 1933, 16 of 1975, 12 of 1977, 13 of 1977, 36 of 1978, 20 of 1986.

AN ACT TO REGULATION THE IMPORTATION, EXPORTATION, MANUFACTURE, SALE AND USE OF DRUGS AND POISONS

Commencement [12th August, 1930]

1. Short title.

This Act may be cited as The Drugs and Poisons Act.

PART I.-SALE OF DRUGS AND POISONS

2. Definition.

In this Act —

"poisons" include the several substances mentioned in Schedule A hereto;

"patent medicine" means medicines protected by British letters patent either Imperial or Colonial but does not include proprietary medicines not so protected.

3 Business of a pharmaceutical chemist-how conducted.

Any person may carry on the business of a pharmaceutical chemist or chemist and druggist if the business of such person so far as it relates to the keeping, retailing and dispensing of drugs and poisons is under the immediate personal control and management of a qualified pharmaceutist duly registered as such who does not act at the same time in a similar capacity for any other person and provided that the person carrying on business as aforesaid holds a licence for so doing under the provisions of any law now or hereafter in force.

4 Certificate to be exhibited.

In every premises or part of the premises where such business as aforesaid is carried on there shall be conspicuously exhibited the certificate of qualification of the said pharmaceutist.

5 Penalty.

Any person carrying on the business of a pharmaceutical chemist or chemist and druggist in pursance of this Act who shall fail to comply with the provisions of this Act or who shall use the description of chemist and druggist or of druggist or of dispensing chemist or druggist unless qualified so to do in accordance with the provisions of section 3 hereof shall be guilty of an offence and shall be liable on summary conviction to a penalty not exceeding $100 and in the case of a continuing offence to a further penalty not exceeding $20 for each day during which the offence continues.

6 Permits to storekeepers to sell medicines.

(1) The Director of Health may on the application of any holder of a store licence issue to the applicant permission to retail such articles of medicine as the Director of Health may think fit and the permission aforesaid shall not in any case be for more than 6 months and may be renewed and shall be subject to any regulations made under this Act as well as to such conditions as the Director of Health may impose in each case. Except in cases in which such permission shall have been granted by the Director of Health no storekeeper shall sell any medicine or opium or any article containing any preparation or any of the active constituents of opium.

(2) Any person committing a breach of this provision shall on conviction in a summary manner be liable to a penalty not exceeding $50 or in default of payment to imprisonment for any period not exceeding 3 months.

7 Application.

(1) Nothing hereinafter in this Part of this Act contained shall apply to the sale of —

(a) any person when made up or compounded by a registered pharmacist as a medicine according to the prescription of a Government medical officer or duly qualified medical practitioner or a qualified veterinary surgeon provided the medicine is labelled with the name and address of the vendor and the ingredients thereof are entered with the name of the person to whom it is sold or delivered in a book to be kept for that purpose and the prescriptions are filed and preserved;

(b) patent medicines;

(c) photographic materials other than poisons for the purpose of photography;

(d) medicines dispensed by registered medical practitioners for their patients or by qualified veterinary surgeons for animals under their treatment; or

(e) fly poison papers or packets of poisonous mixtures for the destruction of vermin when duly marked as such.

(2) Nothing hereinafter in this Part of this Act contained shall apply to sales of poisons by wholesale dealers in the ordinary course of wholesale dealing if an order in writing signed by the purchaser is given for the supply of the same, provided that the sales shall be entered in a book and the packages of poison shall be labelled as directed by section 13 hereof.

8 Persons qualified to deal in drugs and poisons.

(1) It shall not be lawful for any person who is not a duly registered pharmaceutist or apothecary or the holder of a permit granted under section 6 hereof to sell or deal in drugs and poisons.

(2) Whosoever not being qualified as aforesaid sells or deals in any drugs and poisons shall be liable to a penalty not exceeding $100.

9 Sale of poisons to be entered in book.

(1) Every person who sells any poison specified in the first part of Schedule A hereto shall before delivery thereof to the purchaser inquire his name, place of abode and occupation and the purpose for which the poison is required or stated to be required.

(2) The vendor shall thereupon make a faithful entry of the sale specifying the poison and the quantity thereof and all the particulars as given by the purchaser together with the day of the month and year of the sale in a book to be kept by the vendor for that purpose in the form contained in Schedule B hereto.

(3) The entry shall be signed by the person making the same and also by the purchaser unless he declare himself unable to write in which case the person making the entry shall add thereto the words "purchaser cannot write".

(4) Whenever a witness to the sale is required by this Act the entry shall be signed by that witness who shall also state his place of abode.

10 Sales by correspondence.

(1) In cases where sales and purchases of poisons are made by correspondence, the letter ordering the same shall be preserved by the vendor and a memorandum of the date of the said letter by whom it was written and the quantity and particulars of the poison therein ordered shall be entered in the said book.

(2) No person shall sell any poison so ordered to any person with whose signature he is not acquainted unless the signature has been witnessed or purports to be witnessed by a magistrate, clergyman or public officer or is authenticated by some person known to be the vendor.

11 Restrictions as to sale of poisons specified in the first part of Schedule A.

(1) No person shall sell any poison specified in the first part of Schedule A hereto to any person who is under 18 years of age or who is unknown to the vendor unless the sale is made in the presence of a witness who is known to the vendor and knows the purchaser.

(2) The witness shall sign his name and add his place of abode to the required entry before the delivery of the poison to the purchaser.

12 Offences.

Whosoever —

(a) sells any poison specified in the first part of Schedule A hereto and delivers the same without having made and signed the entries required by this Act, or

(b) sells that poison without having obtained the signature to such entry as is required by this Act, or

(c) purchases the poison and gives false information in answer to inquiries to the person selling the same in relation to the particulars which the vendor is by this Act authorized to inquire of such purchaser, or

(d) signs his name as a witness to the sale of the poison to a person unknown to him,shall for every offence be liable to a penalty not exceeding $40.

13 Rules to be observed in the sale of poison.

No person shall sell any poison specified in the second part of Schedule A hereto or any substance or preparation which has been or is hereafter declared to be a poison as herein provided either by wholesale or retail unless the bottle or other vessel, wrapper or cover, box or case immediately containing the same bears thereon the word "poison" printed conspicuously together with the name of the article and the name and address of the seller thereof.

14 Penalties.

(1) Whosoever sells any poison otherwise than is herein provided shall be liable to a penalty not exceeding $40.

(2) For the purpose of this section the person on whose behalf a sale is made by any apprentice or servant shall be deemed to be the seller:

Provided that the apprentice or servant shall also be liable to a like penalty.

15 Poisons to be labelled.

Whosoever being the owner or other person in charge or possession of any poison leaves it in any place (whether the same is ordinarily accessible to others or not) unless the bottle or package of whatever kind in which the poison is contained is marked "poison" and is otherwise labelled in the manner provided by section 13 hereof shall be liable to a penalty not exceeding $40.

16 King in Council may add to Schedule A.

(1) The King in Council may from time to time by order declare that any substance in such order named shall be deemed a poison within the meaning of this Act and be added to the first or second part of Schedule A as may be by such order directed.

(2) Any such order shall be published in the Gazette and on the expiration of 3 months from publication thereof the substance named in it shall be deemed to be added to such part of the said Schedule as may be directed in the order.

17 Sale of certain specified articles permitted.

(1) Nothing in this Act contained shall prevent a licenced storekeeper from stocking and selling the articles enumerated in Schedule C hereto.

(2) The King in Council may from time to time by order add to or remove from the list of articles in Schedule C.

(3) Any such order shall be published in the Gazette and from the date of publication thereof the substance named in it shall be deemed to be added to or removed from the Schedule.

PART II. - CONTROL OF MANUFACTURE IMPORT AND EXPORT OF CERTAIN DRUGS

18 Application of Part II.

(1) The provisions of this Part of this Act shall apply to the following substances in addition to those specifically referred to hereinafter in this Part —

(a) medicinal opium;

(b) any extract or tincture of Indian hemp;

(c) morphine and its salts, and diacetylmorphine (commonly known as diamorphine or heroin) and the other esters of morphine and their respective salts;

(d) cocaine (including synthetic cocaine) and ecgonine and their respective salts, and the esters of ecgonine and their respective salts;

(e) any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid, containing any proportion of morphine or cocaine, and any preparation, admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent of morphine or one-tenth per cent of cocaine or of ecgonine;

(f) any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine;

(g) dihydrohydroxycodeinone, dihydrocodeinone, dihydromorphi-none, acetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine-N-oxide (commonly known as genomorphine), the morphine-N-oxide derivatives, and any other pentavalent nitrogen morphine derivatives;

(h) thebaine and its salts, and (with the exception of methylmor-phine, commonly known as codeine, and ethylmorphine, commonly known as dionin, and their respective salts) benzylmorphine and the other ethers of morphine and their respective salts;

(i) any preparation, admixture, extract or other substance containing any proportion of any of the substances mentioned in paragraph (g) or in paragraph (h) of this subsection;

(j) Lysergide, Lysergic Acid Diethylamide or LSD or any preparation, admixture, extract or other substance containing the same. (Inserted by Act 36 of 1978.)

For the purpose of the foregoing provision the percentage in the case of morphine shall be calculated as in respect of anhydrous morphine. (Substituted by Act 14 of 1933.)

Definitions.

(2) In this Part of this Act —

"raw opium" means the spontaneously coagulated juice obtained from the capsules of the papaver somniferum L. which has only been submitted to the necessary manipulations for packing and transport whatever its content of morphine;

"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;

"prepared opium" means raw opium prepared for smoking and includes dross and all other residues remaining when opium has been smoked; (Amended by Act 36 of 1978.);

"morphine" means the principal alkaloid of opium having the chemical formula C17H19NO3; (Amended by Act 36 of 1978.);

"diacetylmorphine" means diacetylmorphine (diamorphine heroin) having the formula C21H23NO5;

"crude cocaine" means any extract of the coca leaf which can be used directly or indirectly for the manufacture of cocaine; "cocaine" means methyl-benzoyl laevo-ecgonine [A] D20°= -16° 4 in twenty per cent solution of choloroform of which the formula is C17H21NO4 (Substituted by Act 4 of 1931);

"ecgonine" means laevo-ecgonine [(A) D20° = -45° 6 in five per cent solution of water) of which the formula is C9H15NO3H20 and all the derivatives of laevo-ecgonine which might serve industrially for its recovery (Substituted by Act 4 of 1931);

"heroin" means the diacetylmorphine having the formula C21He3NO5;

"store" means any place appointed by the Prime Minister with the consent of Cabinet for the storage of any drug to which this Part of this Act applies on its arrival at any port in the Kingdom;

"Lysergide .... Lysergic Acid Diethylamide" or "LSD" means LSD 25 (+) -NN -Diethyllysergamide having the chemical formula C20H25N30 - 323.4. (Inserted by Act 36 of 1978.)

(3) It shall be lawful for His Majesty in Council by order to amend the list of substances contained in subsection (1) of this section by omission, addition and otherwise. * (Added by Act 14 of 1933.)

* See pages S-1 to S-IO of this Chapter.

RAW OPIUM

19 Importation of seed of opium poppy.

It shall not be lawful for any person to import or bring into the Kingdom any seed of the opium poppy (papaver somniferum L.).

20 Cultivation of opium poppy.

It shall not be lawful to cultivate the opium poppy (papaver somniferum L.) in the Kingdom.

21 Importation of substance to which this part of this Act applies.

It shall not be lawful for any person to import or bring into the Kingdom any substance to which this Part of this Act applies except into ports approved by the King in Council.

22 Exportation of raw opium.

(1) It shall not be lawful for any person to export from the Kingdom any raw opium except from ports approved by the King in Council.

(2) If at any time the importation of raw opium into a foreign country is prohibited or restricted by the laws of that country there shall while that prohibition or restriction is in force be attached to every authority issued by the Prime Minister under this Act authorizing the export of raw opium from the Kingdom such conditions as may appear to him necessary for preventing or restricting (as the case may be) the exportation of raw opium from the Kingdom to that country during such time as the importation of raw opium into that country is so prohibited or restricted and any such authority issued before the prohibition or restriction came into force shall if the Prime Minister by order so directs be deemed to be subject to the like conditions.

PREPARED OPIUM

23 Importation or exportation of prepared opium.

Notwithstanding any provision in this Act contained it shall not be lawful for any person to import or bring into the Kingdom or to export from the Kingdom any prepared opium or 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.

24 Manufacturing, selling, using, etc., prepared opium.

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 purpose of the preparation of opium for smoking or the sale or smoking of prepared opium, or

(d) is concerned in the management of any premises used for any such purpose 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 Act.

STORAGE AND WITHDRAWAL

25 Drugs to which this part of this Act applies to be deposited in store.

(1) All drugs to which this Part of this Act applies imported into the Kingdom shall be deposited at the cost, risk and peril of the person or persons importing the same in such store as shall be appointed by the Prime Minister with the consent of Cabinet for that purpose.

(2) Any person in possession of any drug to which this Part of this Act applies shall keep a stock-book in such form as shall be prescribed by regulation.

26 Drugs to which this part of this Act applies withdrawn on Director of Health's authority.

No drugs to which this Part of this Act applies shall be delivered or withdrawn from a store except on the written authority of the Director of Health or medical officer authorized by him as hereinafter provided.

27 Director of Health may delegate authority.

The Director of Health may authorize in writing any Government medical officer at any approved port in the Kingdom to sign the authority required by this Act for the withdrawal of drugs to which this Part of this Act applies.

28 Withdrawals.

It shall not be lawful to authorize any withdrawal of drugs to which this Part of this Act applies from a store except to registered medical practitioners, dentists, licensed druggists, veterinary surgeons or dispensers.

29 Drugs to which this part of this Act applies not to be kept in a place other than a store without authority.

Where any drug to which this Part of this Act applies is found in the possession of any person or kept in a place other than a store, such person or the occupier of such place (unless he can prove that the same was obtained under the authority of this Act or in accordance with the prescription of a Government medical officer or duly qualified 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 drug shall be guilty of an offence against this Act.

30 Search warrant.

(1) It shall be lawful for a magistrate, if satisfied by information on oath that any drug or other article to which this Part of this Act applies is being unlawfully kept, conveyed, landed or sold in contravention of this Act at any place, whether a building or not, or in any ship not having the status of a ship of war, or in any vehicle, to grant a warrant to enter at any time and if needs be by force, on Sundays as well as on any other days, the place, ship or vehicle named in such warrant and every part thereof and to examine the same 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.

Seizure of drugs to which this part of this Act applies.

(2) When the officer or other person executing such warrant has reasonable cause to believe that any drug or other article to which this Part of this Act applies found by him in any such place, ship or vehicle is being kept, conveyed, landed or sold in contravention of this Act he may seize and detain the same until the court has decided whether the same is liable to be forfeited or not. (Amended by Act 16 of 1975.)

(3) Proceedings before a magistrate shall be commenced as soon as possible after the seizure.

31 Protection of officers from action.

Any person acting under the afore-mentioned warrant shall not t be liable to any suit for seizing or detaining any drug to which this c Part of this Act applies.

IMPORTATION AND DRUGS IN TRANSIT

32 Import and export of drugs to which this part of this Act applies.

(1) It shall not be lawful unless otherwise provided for any 1 person to import or bring into the Kingdom any drug to which this Part of this Act applies except under certificate issued by the Prime Minister in the form contained in Schedule D to this Act and into the I approved port mentioned in any such certificate.

(2) It shall not be lawful unless otherwise provided for any person to export from the Kingdom any drug to which this Part of this Act applies except under an export authorization issued by the Prime Minister in the form contained in Schedule E to this Act and from the approved port mentioned in any such certificate.

Drugs in transit.

(3) Before any drug to which this Part of this Act applies which is imported by water, from a place from which such drug may by the law of that place legally be exported, under a through bill of lading for any place into which such drug may by the law of that place legally be imported, may be imported into the Kingdom and may be exported to such place the following conditions must be complied with —

(a) the ship on which the said drug is imported shall proceed direct and forthwith to an approved port of entry and shall forthwith enter the said port;

(b) full particulars as to the description, weight, consignors, consignees and destination of the said drug and as to the marks and numbers of the cases in which it is contained shall appear in the manifest of the said ship;

(c) the presence of such drug on board the said ship shall be reported in writing to the Collector of Customs by the master of the ship within 4 hours after the arrival of the ship in the port provided that if the office of the Collector of Customs is not open during the 4 hours immediately after the arrival of the ship in the port the report required by this subsection shall be made to the officer in charge at the police station at such port;

(d) the said drug shall not be —

(i) removed from the ship on which it was imported, or

(ii) exported; except under and in accordance with a removal or export permit issued by the Collector of Customs;

(e) the chest, box, case or package containing the said drug shall while in the Kingdom be maintained unopened and unbroken unless it is opened or broken during and for the purposes of some search authorized by law;

(f) a copy of the export authorization obtained from the proper authority of the country from which the drug has been exported shall accompany the said drug on the said ship and shall be produced to the Collector of Customs at least 4 hours before the said drug is landed, transhipped or exported; (g) the said drug shall be exported with all reasonable expedition;

(h) the ship on which the said drug is exported shall on leaving the Kingdom proceed direct and forthwith out of the waters of the Kingdom;

(i) the exportation of the said drug shah be reported in writing to the Collector of Customs by the owner, charterer or agent of the ship within 48 hours after the departure out of the waters of the Kingdom of the ship on which the said drug is exported.

(4) The regulations contained in Schedule F to this Act shall have force and effect until amended added to or superseded by regulations made by the King in Council.

PART III. - INDIAN HEMP AND COCA LEAF

33 Application of Part III

(1) The provisions of this Part of this Act shall apply to coca leaves, Indian hemp and resins obtained from Indian hemp and all preparations of which such resins form the base.

(2) In this Part of this Act —

"coca leaf" means the leaf of the Erythroxylon Coca Larmarck and the Erythroxylon novo-granatense (Morris) hieronymus and their varieties belonging to the family of Erythroxyl-aceae and the lead of the other species of this genus from which it may be found possible to extract cocaine either directly or by chemical transformation;

"Indian hemp" means either of the plants Cannabis Sativa L. or Cannabis Indica or any portion thereof and includes any preparation of any portion of the said plants under whatever name it may be designated in commerce unless stated by the Director of Health to be entirely innocuous; "growing" includes cultivating, sowing and planting;

"supplying" includes distributing, giving and selling. (Amended by Act 13 of 1977.)

34 Importation of Indian hemp and coca leaf.

Notwithstanding any provision in this Act contained it shall not be lawful to import or bring into the Kingdom or to export any Indian hemp other than the galenical preparations thereof or coca leaf or any article capable in the opinion of the Director of Health of being used in substitution therefor. A certificate purporting to be signed by the Director of Health shall be accepted as sufficient evidence of such opinion. Any person unlawfully importing or bringing into the Kingdom or exporting any Indian hemp or coca leaf shall be guilty of an offence against this Act.

35 Forfeiture of articles.

If any Indian hemp or coca leaf shall be unlawfully imported or brought into the Kingdom it shall be absolutely and peremptorily forfeited and may be disposed of in any way the Collector of Customs may direct without any further proceedings.

36 Growing or being in possession of Indian hemp or coca leaf.

Every person —

(a) growing Indian hemp or coca leaf whether for private use or otherwise; or

(b) procuring, or having in his possession or consuming or smoking or otherwise using any Indian hemp or coca leaf; or

(c) supplying or administering or offering to supply or administer to any other person any Indian hemp or coca leaf, shall be guilty of an offence against this Act. (Amended by Act 13 of 1977.)

37 Power of entry of police

It shall be lawful for any police officer upon a warrant to enter any place in which there is reasonable cause for suspicion that Indian hemp or coca leaf is kept or may be found and to seize any Indian hemp or coca leaf found there together with baskets, jars or packages holding the same and to take into custody the persons suspected of owning the same. (Amended by Act 16 of 1975.)

38 Seizure and destruction of Indian hemp or coca leaf on plantation.

All Indian hemp or coca leaf found upon any plantation whether growing or not may be seized and destroyed by the owner or manager of any such plantation or any person duly authorized by him.

39 Arrest

It shall be lawful for any police officer without warrant to apprehend and detain any person carrying or conveying any Indian hemp or coca leaf and the person so apprehended shall be taken as soon as conveniently may be before a court to be dealt with according to law. (Amended by Act 16 of 1975.)

PART IV.-REGULATIONS, LEGAL PROVISIONS, PENALTIES AND GENERAL

40 Regulations

(1) Provision may be made by regulations to be made by the King in Council not inconsistent with the provisions of this Act and the Geneva Convention for controlling the manufacture, sale, possession, custody and distribution of any or all the drugs and poisons to which this Act relates and in particular but without prejudice to the generality of the foregoing power for —

(a) prohibiting the manufacture of any drug or poison to which this Act applies except on premises licensed for the purpose and subject to any conditions as specified in the licence; and

(b) prohibiting the manufacture, sale or distribution of any such drug or poison except by persons licensed or otherwise authorized under the regulations and subject to any conditions specified in the licence or authority; and

(c) regulating the issue by medical practitioners of prescriptions containing any such drug or poison and the dispensing of any such prescriptions; and

(d) requiring persons engaged in the manufacture, sale or distribution of any such drug or poison to keep such books and furnish such information either in writing or otherwise as may be prescribed; and

(e) requiring the special colouring of any drug or poison.

(2) The regulations under this section shall provide for authorizing any person lawfully carrying on the business of a pharmaceutical chemist or chemist and druggist in accordance with this Act —

(a) to manufacture at the shop in the ordinary course of his retail business any preparation admixture or extract of any drug or poison to which this Act applies; and

(b) to carry on at the shop the business of retailing, dispensing or compounding any such drug or poison; subject to the power of the King in Council to withdraw the authorization in the case of a person who has been convicted of an offence against this Act or of an offence against the enactments relating to the customs as applied by this Act and who cannot in the opinion of the Director of Health properly be allowed to carry on the business of manufacturing or selling or distributing (as the case may be)

(3) Any regulations made under this section shall prohibit retail sales of dangerous drugs except on the prescription of a Government medical officer or duly qualified medical practitioner and may prescribe penalties for the breach of any such regulations.

41 Application of Customs law. (Cap. 67)

(1) Articles prohibited to be imported or of which the importation is restricted by virtue of this Act shall be deemed to be included among the goods prohibited to be imported under the provisions of section 35 of the Customs and Excise Act and the provisions of this Act relating to the prohibiting or restriction of the export of articles shall have effect as though they were included in that Act and the provisions of that Act and of any Act amending or extending the same shall apply accordingly.

(2) If any goods prohibited to be exported or of which the exportation is restricted by virtue of this Act are exported from the Kingdom in contravention thereof or brought to a wharf or other place to be shipped for the purpose of being so exported or of being waterborne to be so exported 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 Collector of Customs.

(3) The provisions of the Customs and Excise Act shall apply to every suit or proceeding under this section.

42 Powers of inspection.

(1) Any Government medical officer, officer of Customs or officer of police or other person authorized in that behalf by any general or special order of the Prime Minister shall for the purposes of this Act have power to enter the premises of any person carrying on the business of a producer, manufacturer, seller or distributor of any drugs or poisons to which this Act applies and to demand the production of and to inspect any books or documents relating to dealings in any such drugs or poisons and to inspect any stocks of any such drugs and poisons.

(2) If a magistrate is satisfied by information on oath that there is a reasonable ground for suspecting that any drugs or poisons to which this Act applies are in contravention of the provisions of this Act or any regulations made thereunder in the possession of or under the control of any person in any premises, or that any document directly or indirectly 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 Act or in the case of a transaction or dealing carried out or intended to be carried out in a place outside the Kingdom an offence against the provisions of any corresponding law in force in that place, is in the possession or under the control of any person in any premises, he may grant a search warrant authorizing 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 persons found therein and if there is reasonable ground for suspecting that an offence against this Act has been committed in relation to any such drugs or poisons which may be found in the premises or in the 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 drugs or poisons or that document, as the case may be. (Amended by Act 16 of 1975.)

(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, stocks, drugs, poisons or documents as aforesaid he shall be guilty of an offence against this Act.

43 Offences and penalties.

(1) Any person who —

(a) acts in contravention of or fails to comply with any regulations made under this Act, or

(b) acts in contravention of or fails to comply with the conditions of any licence issued or authority granted under or in pursuance of this Act, or

(c) for the purpose of obtaining whether 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 declaration or statement or any document containing the same, or

(d) in the Kingdom aids, abets, counsels or procures the commission in any place outside the Kingdom 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 Kingdom would constitute an offence against this Act, shall be guilty of an offence against this Act.

(2) Every person guilty of an offence against this Act shall in respect of each offence for which no penalty is otherwise specified be liable on conviction to a fine not exceeding $2000 or to imprisonment for a period not exceeding 10 years or to both such fine and imprisonment; and the Court before which the offender is convicted may order any article related to the offence to be forfeited and either destroyed or dealt with in such other manner as the court may order. (Substituted by Act 16 of 1975.)

(3) No person shall on conviction for any offence against, or for failing to comply with any regulation under, this Act relating to the keeping of books or the issuing or dispensing of prescriptions containing drugs or poisons to which this Act applies, 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 or intended commission of any other offences against this Act.

(4) If any person attempts to commit an offence against this Act or solicits or incites or aids or abets 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 Act. (Amended by Act 16 of 1975.)

(5) Where a person convicted of an offence against 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.

(6) Notwithstanding any enactment prescribing the time within which such proceedings may be brought, any proceedings for an offence against this Act before a court may be brought either within the time so prescribed or within 3 months from the date on which evidence sufficient in the opinion of the informant 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 informant as to the date on which such evidence as aforesaid comes to his knowledge shall be prima facie evidence thereof. The provisions of this subsection shall apply to proceedings for attempting or soliciting or inciting or aiding or abetting another person to commit such an offence as they apply to proceedings for such an offence. (Amended by Act 16 of 1975.)

44 Forfeiture of Yacht, Launch, ship, aircraft

(1) Subject to subsection (2) of this section, the Court before which a person is convicted under this Act may order any yacht, launch, small boat or ship or aircraft shown to the satisfaction of the Court to relate to the offence to be forfeited and dealt with in such manner as the court may order.

(2) The court shall not order anything to be forfeited under this section, where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made. (Inserted by Act 16 of 1975.)

45 Power of arrest.

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 Act, 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. (Amended by Act 16 of 1975.)

46 Reward to informer.

It shall be lawful for the Supreme Court or the magistrate before whom any person shall he convicted for an offence against this Act to direct a portion of the fine actually paid into Court and not exceeding one-half to be paid to the informer.

THE SCHEDULES

SCHEDULE A

(Sections 2, 9(1), 11(1), 12, 13, 16(1))

FIRST PART

(Amended by order in Council at G.S. 96/59)

Aconite, aconitine and their preparations.

Alkaloids, all poisonous vegetable alkaloids not specifically named in this Schedule, and their salts and all poisonous derivations of vegetable alkaloids. Amphetamines.

Arsenic and its medicinal preparations.

Atropine, and its salts and their preparations.

Belladonna and all preparations or admixtures (except beUadona plasters) containing not less than 0.1 per cent of belladonna alkaloids.

Cantharides and its poisonous derivatives.

Coca, any preparation or admixture of containing not less than 0.1 per cent of cocaine.

Corrosive sublimate.

Cyanide of potassium and all poisonous cyanides and their preparations. Emetic tartar and all preparations or admixtures containing not less than 1 per cent of emetic tartar.

Ergots of rye and all preparations of ergots.

Normethadore.

Nux vomica and all preparations or admixtures containing not less than 0.2 per cent of
strychnine.

Opium and all preparations or admixtures containing not less than 0.2 per cent of morphine.

Picrotoxin.

Prussic acid and all preparations or admixtures containing not less than 0.1 per cent of prussic acid.

Savin and its oil and all preparations or admixtures containing savin or its oil.

SECOND PART

Carbolic acid.

Chloral hydrate.

Digitalis.

Lysol, all preparations containing not less than 10 per cent of cresol.

Mercuric iodide.

Mercuric sulphocyanide.

Ovalic acid.

Poppies, all preparations of excepting red poppy petals and syrup of red poppies
(papaver rhoeas).

Precipitate red and all oxides of mercury.

Precipitate white.

Strophanthus.

Sulphonal.

Trional.

Veronal.

SCHEDULE B

(Section 9(2))

FORM OF ENTRY IN BOOK ON SALE OF POISON

SCHEDULE C

(Section 17)

Epsom Salts.
Glauber Salts.
Castor oil.
Sugar of milk.
Sulphur.
Glaxo.
Benger's food.
Lactogen.
Allenbury's food.
Insect powders (not containing poisons as enumerated in Schedule A hereto) such as: Fixpest,
Mustdie, Keeting's Insect powder, moth balls.
Alum.
Ovaltine.
Salt petre.
Borax.
Bicarbonate of soda.
Soda crystals (washing soda).
Enos fruit salts.
Cod liver oil.
Eucalyptus oil.
Fluid magnesia.
Beecham pills.
Phenyle disinfectant.
Scrubb's ammonia.
Olive oil.
Lucca oil.
Cream of tartar.
Muriatic acid.
Glycerine.

SCHEDULE D

(Section 32(1))

IMPORT CERTIFICATE No.

I hereby certify that the Prime Minister of the Kingdom of Tonga, charged with the administration of the Law relating to drugs to which the Single Convention on Narcotic Drugs, 1961 applies, has approved the importation-

of the following drug(s):

Subject to the following conditions:

1. The consignment shall be imported through the port of .................................................................................................. only.

2. The consignment (unless delivered direct to the importer) shall be delivered to a store or bonded warehouse and whilst being stored in such store or bonded warehouse, may not be subjected to any process which would change the nature of the substance in question. The packing may not be altered without the permission of the competent authorities.

3. The consignment shall not be delivered to a post office box or to a bank account.

4. The imported drug shall be utilised for medical and/or scientific purposes only.

5. This authorisation is not transferable.

SCHEDULE E

(Section 32(2))

EXPORT AUTHORIZATION No.

I hereby certify that the Prime Minister of the Kingdom of Tonga, charged with the administration of the Law relating to drugs to which the Single Convention on Narcotic Drugs, 1961, applies, bas authorized the exportation-

of the following drug(s):

Subject to the following conditions:

1. The consignment shall be exported from the port of .........................

2. The consignment may not be delivered to a post office box or to a bank account.

3: The exported drug shall be utilized for medical and/or scientific purposes only.

4. This authorization relates to Import Certificate No .......................... dated ......................... issued by ..........................................

5. This authorization is not transferable.

SCHEDULE F

(Section 32(4))

REGULATIONS CONTROLLING THE IMPORTATION AND THE EXPORTATION OF DRUGS AND OF DRUGS IN TRANSIT

Separate Import Authorization-When required

1. A separate import authorization shall be obtained for each importation of any of the substances to which Part II of the Drugs and Poisons Act (hereinafter referred to as Part II of the Act) applies. Such authorization shall state the quantity to be imported, the name and address of the importer and the name and address of the exporter.

The import authorization shall specify the period within which the importation must be effected and may allow the importation in more than one consignment.

Separate Export Authorization-When required

2. A separate export authorization shall be obtained for any of the substances to which Part II of the Act applies. Such authorization shall state the quantity to be exported, the name and address of the exporter and the name and address of the importer.

Import Certificate

3. Before issuing such export authorization an import certificate issued by the Government of the importing country and certifying that the importation is approved shall be produced by the person or establishment applying for the export authorization.

Export Authorization- Contents of

4. The export authorization shall specify the period within which the exportation must be effected' and shall state the number and date of the import certificate and the authority by whom it has been issued.

Copy of Export Authorization

5. A copy of the export authorization shall accompany the consignment and the Government issuing the export authorization shall send a copy to the Government of the importing country.

Return of Export Authorization

6. The Government of the importing country when the importation has been effected or when the period fixed for the importation has expired shall return the export authorization with an endorsement to that effect to the Government of the exporting country. The endorsement shall specify the amount actually imported.