Veterinary Medicines Act Amendment Act of 1938 (2 Geo Vi No. 19) (Qld)

17350 VETERINARY MEDICINES. Veterinary Medicines Act Amendment Act. 2 GEO. VI. No. 19, VETERINARY MEDICINES. GEO. VI. No. 19. THE VETERINARY MEDIOINES ACT AMENDMENT ACT OF 1938. An Act to Amend "The Veterinary" Medicines Act of 1933" in certain particulars. [ASSENTED TO 24TH NOVEMBER, 1938.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :.- Short title 1. This Act may be cited as "The Veterinary : ~ ! truction. Medicines Act .Amendment Act .of 1938," ~~d shall be read as one wIth *" The Vetennary M edw~ nes Act of 1933," herein referred to as the Principal Act. Collective The Principal Act and this Act may collectively title. be cited as "The Veterinary Medicines Acts, 1933 to 1938." Amendments of the Principal Act. Amendment 2. Section two of the Principal Act is amended as of 8. 2. follows :_ Brand. (a) A new definition "Brand" is inserted after the definition of " Board" as follows : - " " Brand "-A trade mark, or sign, or word, or statement in writing used as a distinguishing mark for veterinary medicines, whether or not containing any pictorial or other descriptive matter and associated with and intended for identifying veterinary medicines. " Primary dealer. (b) A new definition" Primary dealer" is inserted after the definition of " Prescribed" as follows : - " "Primary dealer"-Any person who, whether as manufacturer, importer, or wholesale seller is primarily responsible for putting on the market in Queensland any veterinary medicine." * 24 Geo. V. No. 33, supra, page 14777.

VETERINARY MEDICINES. 17351 1938. Veterinary Medicines Act Amendment Act. (c) The definition of "Veterinary surgeon" is repealed and the following new definition is substituted in lieu thereof, namely:- " " Veterinary surgeon "-A veterinary surgeon Veterinary within the meaning of *" The Veterinary surgeon. Surgeons Act of 1936." " (d) The definition of " Wholesale dealer" ,is repealed. 3. Section four of the Principal Act is hereby Section 4 repealed and the following new section four is inserted repeal~ and in lieu thereof, namely:- = ~. "[4.] (1.) The Minister may by a notice published Registration in the Gazette delegate to an officer in his employ to be of v~ ~rinary named in such notice the power to register veterinary medlCmes. medicines under this Act. Such notice shall be judicially noticed and shall be conclusive evidence of the power and authority of the officer named ~ herein to register veterinary medicines and such officer shall be known as the " Registrar of Veterinary Medicines." The Minister may also by a notice published in the Gazette appoint a Deputy Registrar of Veterinary Medicines who shall have the power and authority of the registrar in the absence of such officer. (2.) In addition to any powers under this Act the Board to Board shall have authority and jurisdiction to report on repo~ on any veterinary medicine, the claims as to the efficacy = : ~ = thereof as a veterinary medicine, and the quality of each drug and ingredient of the veterinary medicine. (3.) Before any veterinary medicine shall be regis- Application tered under this Act the application for registration shall !?r rertra. be submitted to the Board by the registrar for report ; ~~~ ry thereon and for investigation as to the claims as to the ~ edi~ ~ o efficacy thereof as a veterinary medicine and as to the t~ ~ o~ . quality of each drug and ingredient of the veterinary medicine. (4.) If so desired by the Board a sample of the Board may veterinary medicine concerned, in the original container, reqwr shall be forwarded to the Board without payment in samp e. accordance with the provisions of paragraph (D) of subsection two of section six of this Act. * 1 Edw. VIII. No. 17, supra, page 16360.

17352 VETERINARY MEDICINES. Veterinary Medicines Act Amendment Act. 2 GEO. VI. No. 19, When (5.) Any veterinary medicine with respect to which t r o eg b is e tration the Board approves of the claims as to the efficacy as a a.llowed. veterinary medicine and of the quality of each drug and ingredient shall be registered under this Act on completion of the further requirements of this Act. W~ en . (6.) (a) Any veterinary medicine with respect to : gb~t::i~ ~ ~ . which the Board does not approve of the claims as to the efficacy as a veterinary medicine or of the quality of each drug and ingredient shall not be registered. (b) Providing that in the event of the refusal by the Board to approve of the claims as to the efficacy or of the quality of any drug or ingredient with respect to any veterinary medicine the primary dealer shall have the right of appeal to the Minister, whose decision in the matter shall be final. (c) Providing further, that all expenses that are incurred in making any investigation relative to an appeal against the Board's decision shall be paid by the primary dealer making such appeal and, if not paid, shall be a debt due and owing by him to the Crown. (d) The primary dealer shall on lodgment of notice of appeal deposit with the Under Secretary on demand by him such sum of money not exceeding one hundred pounds as the Under Secretary considers sufficient to meet the expenses of such investigation." Amendment 4. The second and third paragraphs of subsection of 8. 5. one of section five, being all words commencing with the words "If any veterinary" to and including the words " thinks fit " are repealed. Amendment 5. Section six of the Principal Act is amended as of 8. 6. follows :- (a) In the first paragraph of subsection one, the words" Under Secretary" are repealed, and the words " Registrar of Veterinary Medicines " are inserted in lieu thereof. (b) The last paragraph of subsection one, being all words commencing with the words "If during the currency of any year a dealer alters" to and including the words" hereinbefore prescribed," are repealed.

VETERINARY MEDICINES. 17353 1938. Veterinary Medicines Act Amendment Act. (c) Subsection two is repealed and the following new subsection is inserted in lieu thereof, namely:- .".(2.) (A) Eve~ y primary dealer .in veteri~ ~ rYPtimary medicIne shall regIster all or any veterInary medicIne dea:ler to which he sells or i~ which he deals and shall pay the ~ ~ 1: ~ ~ ary annual fee as prescrIbed. medicines. (B) The application for registration shall consist of forwarding to the Registrar of Veterinary Medicines before the thirty-first day of January, one thousand nine hundred and thirty-nine, or, if the applicant desires to become a primary dealer in any veterinary medicine after that date, then before such veterinary medicine is offered for sale, and thereafter during the month of J anu- ary next succeeding each and every period of three years commencing with the first day of January, one thousand nine hundred and thirty-nine- (a) A statutory declaration made by the primary dealer or manufacturer (with a further statu- tory declaration under paragraph (d) hereof where the statutory declaration hereunder is made by the manufacturer) in the prescribed form or to the like effect for each veterinary medicine for which registration is applied for setting out the following particulars :- (i.) The name and brand of the veterinary medicine, and (ii.) The constituents, quality, and quantity of each drug and ingredient of the veterinary medicine: Provided that such quality shall be expressed in terms of standards included in Pharmacopceire or other authorities, and that where a standard is not included in the British Pharmacop(J3ia or British Pharmaceutical Codex the authority (if any) or absence of any authority shall be indicated, (iii.) The net weight or volume content which shall be contained in each respective package thereof when sold; (b) Specimen copies of the prescribed printed labels which will be a,ffixed to the various sized packages of the respective veterinary medicine; and

17354 VETERINARY MEDICINES. Veterinary Medicines Act Amendment Act. 2 GEO. VI. No. 19, (c) Such other matters as may be prescribed; (d) Where a statutory declaration or statutory declarations is or are completed by the manufacturer the primary dealer shall forward at the same time a further statutory declara- tion made by himself in the prescribed form or to the like effect setting out the following particulars :- (i.) The name of each and every veterinary medicine and the brand under which same is to be sold, (ii.) That the constituents, quality, and quantity of each drug and ingredient of each veterinary medicine are as set out in each respective statutory declaration made by the manufacturer lodged with the registrar. (c) If during the period for which registration is effective the constituents or proportions of the constituents included in and/or any label of any veter- inary medicine is or are altered, the veterinary medicine so altered shall not be sold until again registered under this Act. Application for registration of a veterinary medicine in respect of which there has been any such alteration shall be by forwarding a further statutory declaration or declarations and specimen labels as hereinbefore prescribed to the registrar by the primary dealer or manufacturer. (D) If the Board so requires, a sample of any specified veterinary medicine shall on demand without payment be forwarded to such Board for consideration with the application for registration. (E)- (a) The first annual registration fee shall be forwarded with the application for registration, and the second and each succeeding annual registration fee shall be paid during the month of January of the year for which same is payable and shall accompany the annual notice given under subsection one of section six of this Act ; (b) Any registration under this Act shall be cancelled by non-payment of the prescribed annual fee by the due date: Provided that

VETERINARY MEDICINES. 1938. Veterinary Medicine8 Act Amendment Act. should such fee together with any penalty imposed be paid during the year for which same is payable the registration may be restored; (c) When the annual fee payable in respect of the registration of any veterinary medicine is not paid by the due date, or the prescribed application for registration of any veterinary medicine is not forwarded on the due date, a penalty of five shillings per five registrations or portion thereof per calendar month by which the fees or applications for registration are overdue is hereby imposed. Where any maximum amount of registration fees payable may be prescribed, such maximum shall not apply to this subsection." (d) Subsection three of the said section is amended as follows :- (i.) Paragraph (a), being all words from "Each such sample" to and including the words" as prescribed," is repealed, and paragraph (b) of the said subsection three is renumbered subsection three accordingly. (ii.) In clause (iv.) of the said paragraph (b), now renumbered subsection three, the words "wholesale dealer" are repealed and the words "primary dealer or manufacturer" are inserted in lieu thereof. (e) Subsection four of the said section is amended by repealing therein the words "wholesale dealer" a:ud by inserting the words " primary dealer" in lieu thereof. (f) Subsection five of the said section is amended by repealing therein the words " sent or delivered to him under this section" and by inserting the words ~ , mentioned in this section" in lieu thereof. (g) Subsection six of the said section is amended by repealing therein the words" wholesale dealer," where such words occur three times, and by inserting the words " primary dealer" in each instance in lieu of the words so repealed. (h) Two new subsections (subsections seven and eight, respectively), are added to the said section as follows:- " (7.) A list of veterinary medicines registered may be published in the Queensland Agricultural Journal or in such other manner as the Minister directs. 17355

17356 VETERINARY MEDICINES. Veterinary Medicines Act Amendment Act. 2 GEO. VI. No. 19, (8.) Any person who fails to comply with any provision of this section shall be guilty of an offence." Amendment 6. Section seven of the Principal Act is amended oh. 7. by repealing the words" wholesale dealer," where such words twice occur, and by inserting in each instance in lieu of such repealed words the words " primary dealer" ; and the said section is further amended by repe ling· the words" the sample" in paragraph (b) thereo and inserting the words "the statutory declaration' in lieu thereof. . Amendment 7. Section eight of the Principal Act is amend d as of 8. 8. follows :_ (i.) Wherever the words" wholesale dealer" in the said section such words are repealed and the " primary dealer" are inserted in lieu thereof. (ii.) A new paragraph is inserted after the first paragraph of subsection three of the said sectio as follows :- " It shall be an offence for any primary deal r or dealer to sell any veterinary medicine the label of hich does not agree with that last accepted for registrat on." Amendment 8. Section nine of the Principal Act is he eby of 8.9. amended as follows : - (a) In the first paragraph of the said section the word "wholesale" is repealed and the words "pri ary, wholesale " are inserted in lieu of such repealed word. (b) The second paragraph of the said sectio is repealed and the following neW paragraph is insert d in lieu thereof, namely :- "The onus of proof lies on the dealer that the composition of any lesser package of veterinary medicine sold, and whether wholesale or retail, by him is the same as the composition of such veterinary medicine as supplied by the primary dealer in the original package." Amendment 9. Section eleven of the Principal Act is amended of 8. 11. as follows:- (i.) Subsection one is repealed and the following new subsection one is inserted in lieu thereof, namely:- "{1.) Any officer authorised in that behalf or inspector may- (a) Enter and inspect any place which he has grounds for believing is kept or used for the

1938. VETERINARY MEDICINES. Veterinary Medicines Act Amendment Act. making, manufacture, sale, storage, delivery, conveyance, or preparation for sale of any veterinary medicine; (b) Inspect any veterinary medicine which is being conveyed through or on any street or road, or conveyed by water or any vessel or boat, or by railway or tramway, or aeroplane, or other means of transit apparently for trade, sale, or delivery; (c) Examine and open any veterinary medicine or any package enclosing the same in any such place or conveyed as aforesaid; (d) Remove for examination and/or analysis any veterinary medicine or portions or samples of any such veterinary medicine; (e) Seize any veterinary medicine which is not registered under this Act, or which he suspects does not comply in full with the requirements of this Act, or in respect of which he suspects that all or any of the provisions of this Act have not been complied with in full, or which is being offered for sale in Queensland by any person who is not licensed under this Act ; (j) Weigh, count, measure, gauge, or mark any such veterinary medicine or any package containing the same and/or fasten, secure, or seal any veterinary medicine seized as afore- said or any door or opening giving access to the same." (ii.) In the last paragraph of subsection two the words "into which the sample is to be divided" are repealed and the words "obtained by dividing the sample " are inserted in lieu thereof. (iii.) The following new subsections three, four, and five are added to the said section eleven, namely : - " (3.) Any veterinary medicine, portion, or sample may be removed for examination or analysis from any place notwithstanding that there is then present at such place no person apparently in charge. In such case the officer removing the veterinary medicine shall send by registered post a notification of such removal to the person apparently owning such veterinary medicine. 17357

17358 VETERINARY MEDICINES. Veterinary MedicineA3 Act Amendment Act. 2 GEO. VI. No. 19, 1938. (4.) An officer or inspector who has seized any veterinary medicine because of the non-compliance with respect thereto of any provision of this Act may on the Board's decision, if all of· the provisions of this Act relating to such veterinary medicine are complied with, within the ninety days next following the date of such seizure release same, otherwise such veterinary medicine shall be and become forfeited to the Crown and shall be disposed of in such manner as the Minister may direct. (5.) The result of the analysis of any veterinary medicine together with the name and address or place of business of the person from whom such veterinary medicine was obtained, or of the person in the occupation or apparent occupation of the place where such veterinary medicine was obtained, and any other particulars relating thereto together with any explanation and comment upon the result of the analysis, may be published in such manner as the Minister directs." Amendment 10. In section seventeen of the Principal Act the OfB.17. words" registered by the dealer under paragraph (c) of subsection two of section six" are repealed and the following words are substituted in lieu thereof, namely :- " accepted for registration under section six of this Act." Amendment 11. Section twenty of the Principal Act is hereby of s. 20. amended by the addition thereto of the following new paragraph numbered (iv.), namely:- "(iv.) A certificate under the hand of the Registrar of Veterinary Medicines that any veterinary medicine mentioned therein is or is not registered under this Act shall be sufficient evidence of the fact so certified to until the contrary is proved, and such certificate shall be admissible in evidence in any proceedings whatsoever. All courts, judges, justices, and persons acting judicially shall take judicial notice of the signature of the registrar to any such certificate." Ad t 12. Paragraphs (l) and (m) of section twenty-three ofrr; , ~ ~ 3~ en of the Principal Act are repealed.