Act No. 13, 2003
MEDICINES AND RELATED SUBSTANCES
CONTROL ACT, 2003
Exemptions
45. (1) The Minister, after consultation with the Council, may exclude by
notice in the Gazette a medicine from the operation of any or all the provisions of this
Act, subject to such conditions as he or she may determine.
(2) The exclusion referred to in subsection (1) may be amended or withdrawn
by notice in the Gazette.
(3) Substances controlled by international treaties may only be exempted to
such extent as is provided for in those treaties.
Transitional provisions
46.
(1)
A person, who was in office as
(a)
a member of the Medicines Control Council established by the Medicines
and Related Substances Control Act, 1965 (Act No. 101 of 1965), or a
member of a committee of that Council;
(b)
the chairperson or vice-chairperson of the Council referred to in paragraph
(a); or
(c)
the Registrar of Medicines appointed under the Medicines and Related
Substances Control Act, 1965 (Act No. 101 of 1965),
immediately before the date of commencement of this Act, continues in such office for
the period for which the person was appointed to that office.
(2) The Schedules to the Medicines and Related Substances Control Act, 1965
(Act No. 101 of 1965), continue to apply, until the Minister publishes a notice in the
Gazette in terms of section 29(1).
(3)
A person, who immediately before the commencement of this Act
(a)
was practising as a medical practitioner, a dentist, a veterinarian or a
pharmacist; or
(b)
was the holder of a permit issued under section 22A(12) of the Medicines
and Related Substances Act, 1965 (Act No. 101 of 1965),
and was acquiring, keeping, using, supplying, selling or prescribing, as the case may be,
scheduled medicines, the acquisition, keeping, use, supply, sale or prescription of which
must be licenced under this Act, may continue to acquire, keep, use, supply, sell, or
prescribe, those medicines without a licence during the period of 3 months beginning
with the date of commencement of this Act.
(4) A person referred to in subsection (3), who wishes to continue to acquire,
keep, use, supply, sell, or prescribe, as the case may be, scheduled medicines referred to
in that subsection after the period of 3 months beginning with the date of commencement
of this Act, must apply, before the expiry of the said period of 3 months, for a licence
contemplated in section 31, and may continue to acquire, keep, use, supply, sell, or
prescribe, those medicines
(a)
until his or her application for a licence is
(i)
granted;
(ii)
refused; or