Police Offences Amendment (Drugs) Act 1927 (NSW)

POLICE OFIT.NCES

A 3 riL \m n :N i^ (d p e g s ) a c f̂ .

Act No. 7, 1927.

George V, An Act to regulate the m anufacture, sale, posses-

No. 7. sion, distribution, and supply of opium and certain other dangc'rous drugs ; to amend the Police Offences (Am endm ent) Act, 1908, and certain other Acts; and for purposes connected therew ith . [Assented to, 29th January , 1927.]

T A E it enacted by flic King 's J lo s t Excellent J lajesty, J A by and u ith t he advice and conscait of tlie Legis­ lative Council and J.('c’fs]ativo Assembly of Ken' South Wah'S ill Earlianient assmnliled, and by the authori ty of the same, as foliows ;—

si.ort tidu 1 , 'J'his Act may be cited as the ■'■'Police Oll'ences

wuUom-

Amendm ent (Drugs) Act, 1927,” and shall come into

r i i f e i i c e n i e i i t

ojicration on a day to be appointed by the Governor

and notified by piv elaination piddished in the Gazette.

2   •

Police Offences Amendment (Drugs) Act, 113

2 . Part VI of tlio Polico Offeuees (Ainondment) Act, George V,

1908, is n^poalcd and the following' ncnv Part inserted

Kepeal uf

in lieu thereof —- i’ai t V I of . \ r t No. lii,

PART VI.

190S, and

in sertion of

O p iu m axo D angerous D rugs . /lew I ’a r t \ ’I.

18.(1) In this Part, unless the context or j)eiiuiti(ms

subject-matter otherwise indicates or reejuires,— Oono'f̂ * ' '

“ Board” means the Pharmacy Board of New

South Wales.

“ D rug” means any drug to ■which this Part

of the Act from time to time applies.

“ Medical practitioner” means legally qualiiled medical practitioner registered under the Medical Practitioners Act, 1012.

“ Oiiium ” means the spontaneously coagulated

juice obtained from the capsules of the

ojiium poppy (Papaver somniferum).

“ Prepared opium ” means any preparation

of opium in a form capable of being used for the puiqiose of smoking, and includes dross and any other residues remaining after o])ium has been smoked.

“ Prescribed ” means prescribed by this Part

of this Act, or by regulations.

“ Eegistcred dentist ” means a demtist regis­

tered under the Dentists Act, 1912.

“ Registered pharmacist ” means a pharmacist

registered under the Pharmacy Act, 1807.

“ Registered veterinary surgeon ” means a

veterinary surgeon registered under the

Veterinary Surgeons Act, 1923.

“ Regulations ” mean regulations made under

the authority of this Part of this Act.

(2) (a) The drugs to Avhich this Part of this omus t» Act applies are morphine, cocaine, eegonine, and yj diamorphine (commonly known as heroin) and their applies, respective salts, and opium, and any preparation, jf-lô 't n

admixture, extract, or other substance containing not less than one-lifth per centum of morphine or one-tenth per centum of eegonine, cocaine, or diamorphine.

Por

114                  Police Offences Amendment (Drugs) Act.

George V, Por the purpose of the foregoing provision the

No. 7.

percentage in the case of morphine shall be

calculated as in respect of anhydrous morphine.

Calculation

percentage* (h) Percentages in the case of liquid

in case of	preparations shall, unless other provision in that
li(|uid
preparations.	behalf is made by regulations under this Part of
1S& 14	this Act, he calculated on the basis that a prepara­
(ieo. V, c. 5,	tion containing one per centum of any substance
s. 5.	means a preparation in which one gramme of the substance, if a solid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.
10 k 11

(ieo V, c. 46, (c) If it appears to the Governor that any

s. 8 (2).	new derivative of morphine or cocaine or of any salts of morphine or cocaine or any other alkaloid of opium or any other drug of whatever kind is or is likely to be productive, if improperly used, of ill-effects substantially of the same character or nature as or analagous to those produced by morphine or cocaine, the Governor may by proclamation published in the Gazette declare that this Part of this Act shall apply to that new derivative or alkaloid or other drug in the same manner as it applies to the drugs mentioned in paragraph (a) of this subsection.
(d) If it appears to the Governor that the use of any preparation, admixture, extract, or other substance containing any of the drugs mentioned in paragraph (a) of this subsection in a percentage less than is therein mentioned, is having ill effects, the Governor may by proclamation published in the Gazette declare that this Part of this Act shall apply to such preparation, admixture, extract, or substance.
(3) This Part of this Act shall not apply in respect of the preparations named in the Second Sclicdule to this Act.
Prepared

opium.	19. (1) If any person—
Ibid. H. 5.	ta) manufactures, sells, or otherwise deals in prepared opium ; or
(b) has in his possession any prepared opium; or

(c)

Police Offences Amendment (Drugs) Act. 115

(c)

being the occupi(;r of any premises permits George V,

those premises to he used for the purpose ̂of No. 7.

tlie preparation of opium for smoking or the

sale, distribution, or smoking of prepared ■

opium; or

(d)

being the owner or lessee of any premises inos No. 12, for the purpose of opium smoking; or

(e)	is concerned in the management of any premises used for any such purpose as aforesaid; or
(f)	has in his possession any pipes or other utensils for use in connection with the smoking of opium or any oitensils used in connection witli the prc])aration of opium for smoking; or
(g)	smokes or otherwise uses prepared o])ium, or fre(|nents any ]>lace used for the jjiirpose of opium smoking;

he shall he guilty of an offence against this Part of

this Act.

In this subsection the expressivon “ owner” in­ cludes the pei’son entitled to receive the nait of premises and the person to whom the rent of premises is paid.

(2) If any person has in his ^losscssion or attempts to obtain poss(;ssion of any other drug to Avhich this Part of this Act applies he shall he guilty of an olfence against this Part of this Act unless—

(a)	he is licensed under the regulations to manufacture or supply the drug ; or
(h)	he is otherwise licensed under the regula­ tions to he in possession of the drug; or
(c)	the drug was supplied for his use by a medical practitioner or registered veterinary surgeon, or on and in accordance with a prescription complying with the conditions of the regulations. '

(3) Any prepared opium or other drug in the order or disp>osition of any p)erson shall he deemed to be in his possession.

116                  Police Offences Amendment (Drugs) Act.

George V, 20. (1) For tlie purpose of preventing tlie

No. 7.

Regulations. improper use of tlie drugs to which this Part of this Act applies the Governor may hy regulations make provision for regulating and controlling the manufacture, sale, possession, distribution, and supply of those drugs, and in particular and without limiting the generality of the foregoing power for—

(a)	prohibiting the manufacture of any drug to which this Part of this Act applies except on premises licensed for the ^nirpose and subject to the conditions specified in the license; and
(b)	prohibiting the manufacture, sale, distri­ bution, or supply of any such drug except hy persons licensed or otherwise authorised under the regulations and subject to any conditions specified in the license or autho­ rity ; and
(c)	regulating the issue hy medical practitioners or registered veterinary surgeons of pre­ scriptions containing any such drug, the dispensing of such prescriptions, and the supply of any such drugs thereunder ; and
(d)	requiring persons engaged in the manu­ facture, sale, distribution, or supply of any such drug to keep such hooks and furnish such information either in writing or other­ wise as may be prescribed, and making pirovision for the inspection of such hooks and records hy the prescribed persons ; and
(e)	fixing the fees to he paid in respect of any license, inspection, permit, or authority issued thereunder. Any such fees shall he paid to the hoard for administrative expenses; and
(f)	jiroviding for the forfeiture of any such drug unlawfully in the possession of any person ; and
(g)	providing that any specified breach of the regulations shall he regarded as “ infamous conduct in a professional respect ” within the meaning of any Act.

‘ The

Police Offences Amendment (Drugs) Act.

George V

Tlie regulations shall jirovide tor aiithorising a regi s tered No, 7.

p 11 a rmae ist—

(a)	to manufacture at his shop in the ordinary course of his retail business any preparation, admixture, or extract of any drug to which this Part of this Act applies ; or
(h)	to carry on at his shop the business of ri'tailing, dispensing, or compounding such drug.

They shall also provide for authorising medical practitioners, and registered pharmacists employi'd in dispensing medicines at any public hospital or other institution, or jiersons in charge of laboratories for the purpose of research or instruction, registered dentists, registered veterinary surgeons, and such other persons as to the hoard may seem iiroper to he in possession of any drug to Avhich this Part of this Act apjilies for the purposes of their professions or employments, subject to such conditions and restrictions as may he prescribed.

They shall also provide that licenses or authorities for the jmrposes of this Part of this Act may he issued or granted hy the Atinister upon the recommendation of the hoard and may he issued or granti'd on such terms and subject to such conditions (including in the case of a license the payment of a fee) as the hoard thinks proper.

They shall also provide that any license or authority may he withdrawn hy the Alinister upon the recommendation of the hoard.

They shall also provide for an appeal to the District Court against any determination of the Minist(w or the hoard Avith respect of a license or authority, and the procedure on any such appeal shall he in accordance Avith rules of court.

(2) The regulations shall—

(a) he published in the Gazette;

(h) take eifect from the date of publication or from a later date specilied in the regulations ; and

(e)

118                  Police Offences Amendment (Drugs) Act.

George V, (c) be laid before both Houses of Parliament within fourteen sitting clays after the publication thereof if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.

No. 7.

If either House of Parliament passes a resolution, of which notice has been given at any time within fifteen sitting days after such I’egulations have been laid before such House, disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.

Offences,	(3) Any person—•
13 & 14

. V , c. 5, (a) who acts in contravention of or fails to comply Avith any regulation made under this Part of this A ct; or

8.  2 .

(b)	who acts in contraA'ention of or fails to comply Avith the conditions of any license issued or authority granted under or in pursuance of this Part of this A ct; or ,
(c)	AA'ho for the purpose of obtaining, Avhetber for himself or for any other person, the issue, grant, or renewal of any such license or authority as aforesaid, makes any declaration or statement Avhich is false in any particular, or knowingly utters, jiroduces, or makes use of any such declaration or statement or any document containing the same,

shall be guilty of an offence against this Part of

this Act.

Power to 20a. (1) Any constable or other person authorised

enter.	in that behalf by any general or special order of the
l O k 11
(jJeo. V, c. 46,	Minister shall, for the purposes of the execution of
s. 10.	this Part of this Act, have power to enter the
Geo. V, c. 5
1.3 & 14	premises of any person carrying on the business of
*. 1 (2).	a producer, manufacturer, seller, or distributor of any drug to AAdiich this Part of this Act applies, and to demand the production of and to inspect any books or documents relating to dealings in any such drug, and to inspect any stocks of any such drug.

(2)

Police Offences Amendment (Drugs) Act. 119

(2) If a justice is satisfied by information George V,

o n oath that there is reasonable ground for sus- No. 7.

pecting— IS & ^

(a) tliat any opium or drug to which this P a r t i . ’ ’

of this Act applies is, in contravention of th.;' provisions of this Part of this Act or the regulations, in the possession or under the control of any person in any premises ; or

(b) that any document directly or indirectly relating to or connected with any transaction or dealing wliich was, or any intended transaction or dealing which would, if carried out, he an olfence against this Part of this Act, is in the possession or under the control of any person in any premises,

such justice may grant a search warrant autho­ rising any constable named in the warrant, at any time or times within one month from the date of the wari’ant, 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 suspect­

. . .

(i)  that an offence against this Part of this Act has l)cen committed in relation to any such drug which may be found in the premises or in the possession of any such persons ; or

(ii)  that any document which may be so found is such a document as aforesaid,

to seize and detain the drug or 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	io(iiV	*
section or fails to produce or conceals or attempts to conceal any such books, stocks, opium, drug, or documents as aforesaid, he shall be guilty of an olfence against this Part of this Act,

2Ub. (1; Every person guilty of an oil once against Penalties,

this Part of this Act shall in resjiect of each olfence i;5 & ^

be liable on summary conviction to a line not	(i).’ ’’
exceeding two hundred and fifty pounds or to imprisomnent with or without hard labour for a term not exceeding twelve montbs, or to both such

line and imprisonment. And

120                  Police Offences Amendment (Drugs) Act.

George V, And shall in every case on conviction for the The court before wliich the offender was con­ victed may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

No. 7.

offence forfeit to Ilis Majesty all articles in respect

of which the offence was committed.

(2) No person shall, on conviction for any offimce of contravening or failing to comply with the conditions of any license granted under the regulations made in pursuance of this Act to supply a drug to which this Part of this Act applies or any regulation relating to the keeping of books or the issuing or dispensing of prescrip­ tions containing a drug to which this Part of this Act applies, be sentenced to imprisonment without the option of a fine or to pay a fine exceeding ten pounds, if the court dealing with the case is satisfied that the offence was committed through inadvertence and was not preparatory to or com­ mitted in the course of or in connection with the commission or intended commission of any other offence against this Part of this Act.

Attempts,	(3) If any person attempts to commit an incites another person to commit such an offence, he shall, without prejudice to any other liability, be liable on summary conviction to the same punish­ ment and forfeiture as if he had committed an offence under this Part of this Act,
fieo. V, e. 5,
13 & 14	offence against this Part of this Act, or solicits or
K. 1.
Company,	(4) "Where a company is convicted of an offence under this Part of this Act, the chairman, and every director, and every officer concerned in the management of the company shall be deemed guilty of the like offence, unless he proves that the act constituting the offence took jdace without his knowledge or consent.
Ibid.
Imprison­	(5) Any term of imprisonment imposed on any person by a court of summary jurisdiction in resjiect of the non-payment of a fine for an offence against this Part of this Act may be ordered to commence at the expiration of any term of imprisonment imposed on that person for the same
ment.
offence in addition to the fine. (6)

Police Offences Amendment (Drugs) Act. 121

(0) In any proceedings against a person for George V,

an offence against this Part of tliis Act it sliall not	No. 7.
he necessary to negative by evidence any license,	'f-

authority, or otlier matter of exception or defence, y ̂ ̂

and tin' burden of proving any such matter shall s. i (;?).’	’
lie on Ihe ]u‘rson see'king to avail himself thereof.

(7) Any analyst appointed under the Pure Certiiicaicof

Poods Act, 1908, analysing any drug or substance submitted to him in pursuance of the regulations under this Part of this Act, may give a (‘('rtificatc in the form prescribed of the result of the analysis.

In any legal proceedings under this Part of this Act or the regulations made thereunder the production of a certificate purporting to be signed by such an analyst shall he prima facie evidence of the identity of the drug or substance analysed, and of the result of the analysis, without proof of the signature or a])])ointment of the person appearing to have signed the same.

3 . The Police Olfcnccs (Amendment) Act, 1908, is I’luthor

further amended by inserting after the Schedule flitJ

following new Schedule :— u)os. ’

̂ Sob. (2).

SCHEDULE TWO. Sor, is (3).

l(i(lnf()niii (‘t MorphiiKi', D .P.C.

Opii, B .P ., 189S.

L in. Opii, I5.P.

„ Oiiii, A m nion., R P .C .

]^asta A rsenicalis, B .P .C .

P il. llydrai!;-. c. Opio, P .P .C .

,,	Ijiecac. c. Scilla, B .P .
,,	P lum lii c. Opio, P .P .
,,	D igitalis e t Opii Co., P>.1’,C.
,,	Hyilnu-g. c. C ret. e t O pii, Pi.P.C.

Pulv . C iotai A rom at. c. Ojiio, B.P.

„	Ipecac. Co., B .P . (D over’s Pow der).
„	R ino Co., B .P .

T iilile tta ' P lu inb i o. Opio, B .P.C .

U ng . (ialbe c. Opio, B .P . ((ball and O pium O in tm en t).

. ,, Gallic Co., B .P.C.

DENTISTS