nature may permit and shall then be transmitted to an analyst, pharmacologist or pathologist together
with a certificate in the prescribed forms signed by such inspector and a copy of the aforesaid certificate
shall be handed or transmitted by registered post to the owner or seller of such medicine or Scheduled
substance or his agent.
[Sub-s. (2) amended by s. 26 (a) of Act No. 65 of 1974 and substituted by s. 12 (a) of Act No. 17 of
1979.]
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(3) The analyst, pharmacologist or pathologist to whom a sample has been transmitted in terms of the
provisions of subsection (2) shall with all convenient speed test, examine or analyse the sample
delivered to him, and the result of the test, examination or analysis shall be stated in a certificate in the
prescribed form.
[Sub-s. (3) substituted by s. 12 (b) of Act No. 17 of 1979.]
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(4) The owner of the medicine or Scheduled substance from which the sample was taken may claim
from the Director-General an amount equal to the market value thereof.
[Sub-s. (4) substituted by s. 26 (b) of Act No. 65 of 1974.]
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(5) Where on a application to a magistrate in appears to such magistrate from information on oath that
there are reasonable grounds to believe that—
(a)
the conditions for entry described in subsection (1) (a) exist in relation to a private
dwelling:
(b)
entry to that private dwelling is necessary for any purpose relating to the
administration or enforcement of this Act; and
(c)
entry to the private dwelling has been refused or that entry thereto will be refused,
a magistrate may issue a warrant authorizing the inspector named therein to enter that private dwelling
subject to such conditions as may be specified in the warrant.
[Sub-s. (5) added by s. 11 (b) of Act No. 59 of 2002.]
(6) If an inspector believes on reasonable grounds that—
(a)
a warrant would be issued to him or her under subsection (5) if he or she applies for
such a warrant; and
(b)
a delay in obtaining such warrant would defeat the object of the entry, search and
seizure,
he or she may without a warrant enter and search any premises for any medicines, scheduled
substance, book, record or document relevant to the administration or enforcement of this Act and seize
or take samples as contemplated in subsection (1) (c).
[Sub-s. (6) added by s. 11 (b) of Act No. 59 of 2002.]
29. Offences.—Any person who—
(a)
obstructs or hinders any inspector in the exercise of his or her powers or the
performance of his or her duties under this Act; or
[Para. (a) substituted by s. 17 (a) of Act No. 90 of 1997.]
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(b)
contravenes or fails to comply with the provisions of section 14 (1), 18, 18A or 18B; or
[Para. (b) substituted by s. 17 (a) of Act No. 90 of 1997.]
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(c)
contravenes the provisions of section 19 (1) or fails to comply with a notice issued
under section 19 (2); or
[Para. (c) substituted by s. 17 (a) of Act No. 90 of 1997.]
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(d)
contravenes the provisions of section 20 (1); or
[Para. (d) substituted by s. 17 (a) of Act No. 90 of 1997.]
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(e)
contravenes or fails to comply with any condition imposed under section 15 (7); or
[Para. (e) substituted by s. 17 (a) of Act No. 90 of 1997.]
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(f)
fails to comply with any direction given under section 23 or contravenes the provisions
of section 23 (3); or
[Para. ( f ) substituted by s. 17 (a) of Act No. 90 of 1997.]
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(g)
with fraudulent intent tampers with any sample taken in terms of this Act; or
(h)
makes any false or misleading statement in connection with any medicine or
Scheduled substance—
(i)
in an application for the registration thereof; or
(ii)
in the course of the sale thereof; or
[Para. (h) substituted by s. 27 (a) of Act No. 65 of 1974.]
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