(i)
sells any medicine or Scheduled substance upon the container of which a false or
misleading statement in connection with the contents is written; or
[Para. (i) substituted by s. 27 (b) of Act No. 65 of 1974.]
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( j)
for purposes of business or trade makes use of any report or certificate made or
issued by an inspector, analyst, pharmacologist or pathologist under this Act; or
(k)
contravenes any provision of section 22A, 22C (5) and (6), 22F, 22G or 22H or
contravenes or fails to comply with any condition imposed thereunder;
[Para. (k) added by s. 27 (d) of Act No. 65 of 1974 and substituted by s. 17 (b) of Act No. 90 of 1997.]
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(l)
contravenes or fails to comply with the provisions of section 34;
[Para. (l) added by s. 12 of Act No. 94 of 1991.]
(m)
manufactures, sells or uses a veterinary medicine in contravention of a prohibition
referred to in section 36A, or contravenes, or fails to comply with, a condition imposed in terms of the
said section,
[Para. (m) added by s. 12 of Act No. 94 of 1991.]
shall be guilty of an offence.
30. Penalties.—(1) Any person who is convicted of an offence referred to in section 29 shall be liable
to a fine, or to imprisonment for a period not exceeding 10 years.
[Sub-s. (1) substituted by s. 13 of Act No. 94 of 1991 and by s. 18 (a) of Act No. 90 of 1997.]
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(2) The court convicting any person of an offence under this Act may, upon the application of the
prosecutor, declare any medicine or Scheduled substance in respect of which the offence has been
committed to be forfeited to the State.
[Sub-s. (2) amended by s. 28 (a) of Act No. 65 of 1974.]
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(3) Any medicine or Scheduled substance forfeited under this Act shall be destroyed or otherwise dealt
with as the Director-General may direct.
[Sub-s. (3) substituted by s. 28 (b) of Act No. 65 of 1974.]
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(4) Notwithstanding anything to the contrary in any law contained, a magistrate’s court shall be
competent to impose any penalty provided for in this section.
[Sub-s. (4) added by s. 18 (b) of Act No. 90 of 1997.]
31. Procedure and evidence.—(1) In any criminal proceedings under this Act—
(a)
any quantity of a medicine or Scheduled substance in or upon any premises, place,
vehicle, vessel or aircraft at the time a sample thereof is taken pursuant to the provisions of this Act
shall, unless the contrary is proved, be deemed to possess the same properties as such sample;
[Para. (a) amended by s. 29 of Act No. 65 of 1974.]
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(b)
......
[Para. (b) deleted by s. 19 (a) of Act No. 90 of 1997.]
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(c)
a certificate stating the result of a test, examination or analysis carried out in terms of
the provisions of section twenty-eight and purporting to be signed by the analyst, pharmacologist or
pathologist who carried out such test, examination or analysis, shall be accepted as prima facie proof of
the facts stated therein;
(d)
any statement or entry contained in any book, record or document kept by any owner
of a medicine or Scheduled substance, or by the manager, agent or employee of such owner or found
upon or in any premises occupied by, or any vehicle used in the business of, such owner, shall be
admissible in evidence against him as an admission of the facts set forth in that statement or entry,
unless it is proved that that statement or entry was not made by such owner, or by any manager, agent
or employee of such owner in the course of his work as manager, or in the course of his agency or
employment.
[Para. (d) amended by s. 29 of Act No. 65 of 1974.]
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(2) . . . . . .
[Sub-s. (2) substituted by s. 13 of Act No. 17 of 1979 and deleted by s. 19 (b) of Act No. 90 of 1997.]
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(3) The court in which any such certificate is adduced in evidence may in its discretion cause the
person who signed such certificate to be summoned to give oral evidence in the proceedings in question
or may cause written interrogatories to be submitted to him for reply, and such interrogatories and any
reply thereto, purporting to be a reply from such person, shall be admissible in evidence in such
proceedings.