Miscellaneous provisions

43 Restrictions on possession of prescription medicines

(1)

No person shall, without reasonable excuse, import, procure, receive, store, use, or otherwise have in his possession, any prescription medicine.

(2)

Without limiting the meaning of the expression reasonable excuse in subsection (1), a person has a reasonable excuse for the purpose of that subsection if—

(a)

the possession or act that might otherwise be a contravention of that subsection—

(i)

is that of a person, licensed or otherwise authorised under this Act or any regulations made under this Act, to manufacture, sell, supply, pack, or administer the medicine or to be in possession of it; and

(ii)

is necessary as incidental to the business, calling, or purpose for which the person is so licensed or otherwise authorised; or

(b)

the possession or act that might otherwise be a contravention of that subsection—

(i)

is that of a carrier, or an employee of a carrier; and

(ii)

is necessary or incidental to the business of that carrier; or

(c)

the possession or act that might otherwise be a contravention of that subsection—

(i)

is that of a person to whom the medicine has been lawfully supplied for his or her use, or for use by any other person, as a patient under the care of an authorised prescriber or a delegated prescriber or in accordance with a standing order, and who does not have in his or her possession any other supplies of a prescription medicine prescribed or supplied for the same purpose by another authorised prescriber or delegated prescriber or in accordance with a standing order; and

(ii)

is necessary or incidental to such use; or

(d)

the possession or act that might otherwise be a contravention of that subsection—

(i)

is that of a person who has possession of the medicine only for the purpose of administering it to the person for whom it has been prescribed; and

(ii)

is necessary or incidental to that purpose; or

(e)

the possession or act that might otherwise be a contravention of that subsection—

(i)

is that of a person in the service of the Crown; and

(ii)

is necessary or incidental to the performance of that person’s duties.

(3)

In any proceedings under this section against any person in which it is proved that that person procured, received, stored, used, or otherwise had in his possession any prescription medicine, the onus of proving that he had a reasonable excuse (whether by reason of the fact that 1 or more of the provisions of paragraphs (a) to (e) of subsection (2) apply to his case or otherwise) shall lie on the defendant.

(4)

In any proceedings under this section, the fact that the defendant did not know that the medicine that is the subject of the prosecution was a prescription medicine is not by itself a reasonable excuse.

(5)

Every person commits an offence against this Act who contravenes subsection (1).

(6)

[Repealed]

Compare: 1960 No 97 s 26; 1969 No 44 s 7

Section 43(2): substituted, on 15 October 1999, by section 8(1) of the Medicines Amendment Act 1999 (1999 No 117).

Section 43(2)(c)(i): amended, on 1 July 2014, by section 23(1)(a) of the Medicines Amendment Act 2013 (2013 No 141).

Section 43(2)(c)(i): amended, on 1 July 2014, by section 23(1)(b) of the Medicines Amendment Act 2013 (2013 No 141).

Section 43(6): repealed, on 1 July 2014, by section 23(2) of the Medicines Amendment Act 2013 (2013 No 141).