36
No.
of 2013]
Medicines and Allied Substances
commits an offence and is liable, upon conviction, to a fine not
exceeding four million penalty units or to imprisonment for a period
not exceeding seven years, or to both.
Prohibition
of
manufacture,
import,
export, etc.
of substandard,
counterfeit
or
adulterated
medicines or
allied
substances
Prohibition
of supply of
expired
medicines
(3) In addition to the penalty provided in subsection (1) and (2),
the court before which a person is convicted of an offence under
this section may order—
(a) that any medicines or allied substances in respect of which
the offence is committed be forfeited to the State and
be disposed of as the court may determine;
(b) that the costs for disposal of any medicine or allied
substance be borne by the offender; or
(c) the cancellation of any licence permit, certificate or
authorisation issued to that person under this Act.
59 (1) A person shall not manufacture, import, export, distribute,
sell, store or deal in any manner with sub-standard, counterfeit,
adulterated or misbranded medicines or allied substances.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
million penalty units or to imprisonment for a period not exceeding
four years, or to both.
(3) In addition to the penalty provided in subsection (2), the
court before which a person is convicted of an offence under this
section may order that any medicines or allied substances in respect
of which the offence is committed be forfeited to the State to be
destroyed.
60. (1) A person shall not supply or sell an expired medicine or
allied substance.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding one
million penalty units or to imprisonment for a period not exceeding
three years, or to both.
(3) In addition to the penalty provided for in subsection (2), the
court before which a person is convicted of an offence under this
section may order that the medicines or allied substances in respect
of which the offence is committed be forfeited to the State to be
destroyed.
Prohibition
of deceptive
acts
61. (1) A person shall not label, package, treat, process, sell or
advertise any medicine or allied substance in a manner that is false,
misleading or deceptive in respect of its character, constitution, value,
potency, quality, composition, merit or safety or in contravention of
any provision of this Act.