Stock Foods and Medicines (Amendment) Act 1989 (NSW)

ST O C K FO O D S AND M E D IC IN E S (A M EN D M EN T) ACT 1989

No. 184

NEW SOUTH WALES

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TABLE OF PROVISIONS

1. Short title

2. Commencement

3.     Amendment of Stock Foods and Medicines Act 1940 No. 19

4. Saving

SCHEDULE 1 - AMENDMENTS

ST O C K FO O D S AND M ED IC IN ES (A M EN D M EN T) ACT 1989

No. 184

NEW SOUTH WALES

Act N a 184, 1989

An Act to amend the Stock Foods and Medicines Act 1940 to remove provisions relating to stock medicines; to increase penalties for certain offences; and for other purposes. [Assented to 14 December 1989]

Stock Foods and Medicines (Amendment) 1989

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Stock Foods and Medicines

(Amendment) Act 1989.

Commencement

2. This Act commences on a day or days to be appointed by

proclamatioa

Amendment of Stock Foods and Medicines Act 1940 No. 19

3. The Stock Foods and Medicines Act 1940 is amended as set out

in Schedule 1.

Saving

4. Ifi

(a)	a stock food has been seized under section 21 (1) (e) of the Stock Foods and Medicines Act 1940; and
(b)	proceedings for its forfeiture are pending (or have not been commenced) under section 22 of that Act, immediately before the commencement of Schedule 1 (9),

section 22 of that Act applies in relation to the forfeiture and disposal

of that seized stock food as if that section had not been repealed.

SCHEDULE 1 - AMENDMENTS

(Sec. 3)

(1) Long title:

Omit the long title, insert instead: purposes.

Act No. 184

Stock Foods and Medicines (Amendment) 1989

SCHEDULE 1 - AMENDMENTS - continued

(2) Section 1 (Short title and commencement):

Omit section 1(1), insert instead:

(1) This Act may be cited as the Stock Foods Act 1940.

(3) Section 3 (Definitions):

(a)	From section 3 (1), omit the definitions of "Board", "Pharmacist", "Stock medicine" and "Veterinary surgeon".
(b)

Section 3 (1), definition of "Stock food": Medicines Act 1989".

(c) Section 3 (1), definition of "Wholesale dealer": Omit "or stock medicine" wherever occurring,

(d) Omit section 3 (2), insert instead:

(2) In this Act, a reference to a wholesale dealer, in respect of any registered stock food or any unregistered stock food for which an application for registration has been made, includes a reference to the applicant for registration of the stock food.

(4) Section 11 (Offences and penalties):

At the end of the section, insert

Maximum penalty: 200 penalty units or, for an offence by a corporation, 400 penalty units.

(5) Part 3 (Stock medicines):

Omit the Part

(6) Section 20 (Authorisation of inspectors and analysts):

After section 20 (3), insert

(4) An analysis for the purposes of this Act may be carried out by a person acting under the supervision of an analyst and, in any such case, the analysis is to be taken to have been carried out by the analyst

Stock Foods and Medicines (Amendment) 2989

SCHEDULE 1 - AMENDMENTS - continued

(7)

Sections 21 (1) and (2), 24 (1), 25 (1) and (2), 26 (1), 27, 29, 34,

35 (2) (d) and (g):

Omit "or stock medicine" wherever occurring.

(8) Section 21 (Powers of inspectors):

Omit section 21 (1) (e) and (el), insert instead;

(e) seize and remove any substance or article that the inspector believes on reasonable grounds to be a stock food and any container in which the substance or article is being kept or conveyed if the inspector suspects on reasonable grounds that there has been a contravention of this Act or the regulations in respect of the substance or article;

(9) Section 22:

Omit the section, insert instead;

Retention and disposal of seized property

22. (1) In this section, "prescribed period", in relation to any substance, article or container seized under section 21 (1) (e), means:

(a)	the period of 6 months commencing from the time of seizure of the substance, article or container, or
(b)	any other period fixed by a Local Court constituted by a Magistrate sitting alone in relation to the substance, article or container upon application by or on behalf of the Minister in the prescribed manner,

(2) During the prescribed period any substance, article

or container seized under section 21 (1) (e):

(a) may be retained; or

(b) unless during that period the substance, article or container has been forfeited to the Crown under section 26, may be returned to the person from whom it was seized.

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Stock Foods and Medicines (Amendment) 1989

SCHEDULE 1 - AMENDMENTS - continued

(3) At the expiration of the prescribed period, a substance, article or container seized under section 21 (1) (e) is to be returned to the person from whom it was seized, or to the person who appears to the Director-General to be its owner, unless:

(a)	it was, during that period, forfeited to the Crown under section 26; or
(b)	the Director-General causes a notice to be advertised in the prescribed manner before the expiration of the prescribed period to the effect that application will be made on a specified day that occurs after the expiration of the prescribed period for forfeiture to the Crown of the substance, article or container.

(4) Where a notice is advertised under subsection (3), the substance, article or container to which the advertisement relates, as soon as practicable after the day specified in the advertisement, is to be returned to the person from whom it was seized, or to the person who appears to the Director-General to be the owner, unless the substance, article or container is forfeited to the Crown.

(10) Section 23 (Tampering with samples):

At the end of section 23, insert:

Maximum penalty: 200 penalty units or, for an offence by a corporation, 400 penalty units.

(11) Sections 26 (2), 35 (2) (b), (bl):

Omit "and stock medicines" wherever occurring.

(12) Section 28 (Offence of obstructing inspectors):

At the end of the section, insert

Maximum penalty: 50 penalty units.

Stock Foods and Medicines (Amendment) 1989

SCHEDULE 1 - AMENDMENTS - continued

(13) Section 29 (Interference with official marks or seals):

At the end of the section, insert

Maximum penalty: 50 penalty units.

(14) Section 30 (Retaking of seized stock foods etc.):

At the end of the section, insert

Maximum penalty: 200 penalty units or, for an offence

by a corporation, 400 penalty units.

(15) Section 31 (Penalty for offences):

Omit "$1,000", insert instead "50 penalty units".

(16) Section 32 (Recovery of penalties):

At the end of the section, insert

(2) Proceedings for an offence against this Act or the regulations may be commenced by information laid within 12 months after the time when the offence is alleged to have been committed.

(17) Section 35 (Regulations):

(a) From section 35 (2) (b2), (b3), (b4), omit "or stock medicines" wherever occurring.

(b) From section 35 (2) (c), omit "or a stock medicine".

(18) Section 36 (Refund of fees):

From section 36 (b), omit "or of a stock medicine".

[Ministers second reading speech made in -

Legislative Assembly on 14 November iS>59 Legislative Council on 22 November iPS9]