(c) The issue of a permit referred to in paragraph (a) may be refused if—
(i)
the Director-General is not convinced that the applicant is capable of keeping or
storing the substance or medicine in a satisfactory manner in order to prevent the loss thereof;
(ii)
the use of such substance or medicine has not been authorised in terms of this Act;
(iii)
the Director-General is of the opinion that the annual importation quota for such
substance has been exceeded or will be exceeded;
(iv)
the Director-General is of the opinion that such substance or medicine, of an
acceptable quality, is already available in the Republic; or
(v)
the applicant did not comply with the conditions under which a previous permit was
issued to him or her.
(d) If an application is refused, the applicant shall be furnished with the reasons for such refusal.
(e) A permit issued in terms of this subsection shall be valid for a period of six months from the date of
issue thereof.
(12) (a) The control on the importation of Scheduled substances shall relate to—
(i)
any specified Schedule 5, Schedule 6, Schedule 7 or Schedule 8 substance;
[Sub-para. (i) substituted by s. 5 (e) of Act No. 59 of 2002.]
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(ii)
such substances irrespective of the scheduling status allocated thereto, as the
Minister may prescribe;
(iii)
any other substance which becomes subject to international control in terms of the
1961 Single Convention on Narcotic Drugs or the 1971 Convention on Psychotropic Substances entered
into by the Republic.
(b) The obtaining of import or export permits as required in terms of subsection (11) shall not apply to
any preparation which contains a substance as prescribed which is specifically exempted from all
control measures for the obtaining of such import or export permits by the 1961 Single Convention on
Narcotic Drugs referred to in paragraph (a).
[Para. (b) substituted by s. 5 ( f ) of Act No. 59 of 2002.]
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(c) Notwithstanding paragraph (b), no such importation or exportation shall take place unless authorised
by the Director-General.
[Para. (c) substituted by s. 5 (g) of Act No. 59 of 2002.]
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(13) Any permit issued under subsection (11) shall be subject—
(a)
to the applicant’s furnishing the registrar annually with the prescribed information;
(b)
to the requirement that there shall be no deviation from the particulars reflected on the
permit: Provided that if the quantity of such substance or medicine to be imported is less than that
provided for in the permit, the Director-General shall be informed in writing thereof within 10 days after
the importation of such substance or medicine; and
(c)
to the conditions, as detailed on the permit, having been complied with, the triplicate
copy of the permit having been certified by a customs officer or an employee of the S.A. Post Office
Limited.
(14) Notwithstanding anything to the contrary contained in this section—
(a)
a pharmacist’s assistant shall not handle any specified Schedule 5 or Schedule 6
substance except as contemplated in subsection (5) (a) and (b); and
[Para. (a) substituted by s. 5 (h) of Act No. 59 of 2002.]
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(b)
no nurse or a person registered under the Health Professions Act, 1974, other than a
medical practitioner or dentist, may prescribe a medicine or Scheduled substance unless he or she has
been authorised to do so by his or her professional council concerned.
(15) Notwithstanding anything to the contrary contained in this section, the Director-General may, after
consultation with the Interim Pharmacy Council of South Africa as referred to in section 2 of the
Pharmacy Act, 1974 (Act No. 53 of 1974), issue a permit to any person or organisation performing a
health service, authorising such person or organisation to acquire, possess, use or supply any specified
Schedule 1, Schedule 2, Schedule 3, Schedule 4 or Schedule 5 substance, and such permit shall be
subject to such conditions as the Director-General may determine.
(16) Notwithstanding anything to the contrary contained in this section—
(a)
any person may possess a Schedule 0, Schedule 1 or Schedule 2 substance for
medicinal purposes;
(b)
any person may possess a Schedule 3, Schedule 4, Schedule 5 or Schedule 6
substance if he or she is in possession of a prescription issued by an authorised prescriber;
[Para. (b) substituted by s. 5 (i) of Act No. 59 of 2002.]
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(c)
any medicine or scheduled substance may be possessed by a medical practitioner,
dentist, veterinarian, practitioner, nurse or other person registered under the Health Professions Act,
1974, or under the Veterinary and Para-Veterinary Professions Act, 1982, for the purposes of
administering it in accordance with his or her scope of practice;