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Kiribati Consolidated Legislation |
Commencement: 20th October 1948
LAWS OF THE GILBERT ISLANDS
REVISED EDITION 1977
CHAPTER 23
DANGEROUS DRUGS
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY
1. Short title
2. Interpretation
3. Dangerous drugs to be dealt with through approved ports
RAW OPIUM, INDIAN HEMP AND COCA LEAF
4. Application of Part II. Import and export of certain substances prohibited
5. Import and export of certain seeds prohibited
6. Forfeiture of articles
7. Cultivation of certain plants prohibited
8. Offences
9. Power of entry and of arrest
10. Seizure and destruction of plants
PREPARED OPIUM
11. Importation or exportation of prepared opium prohibited
12. Manufacturing, selling or using prepared opium
MEDICINAL OPIUM, MORPHINE, COCAINE AND CERTAIN OTHER DRUGS
13. Application of Part IV
14. Importation or exportation of certain substances prohibited
15. Rules
16. Certain drugs to be deposited in store
17. Drugs may be withdrawn on authority of the Secretary
18. The Secretary may delegate authority
19. Withdrawals
20. Drugs not to be kept in a place other than the store without authority
21. Export of dangerous drugs
22. Export without authorisation prohibited
23. Export authorisation to be produced
24. Export to be in accordance with Ordinance
25. Importation of dangerous drugs
26. Permission to withdraw drugs from store
27. Importation without authorisation prohibited
28. Export authorisation or diversion certificate to accompany drug
29. Importation to be in accordance with Ordinance
30. Exception of certain substances and preparations from certain provisions of Part IV
DANGEROUS DRUGS IN TRANSIT AND DIVERSION OF DANGEROUS DRUGS
31. Dangerous drug in transit
32. Removal licences
33. Dangerous drugs not to be tampered with
34. Diversion of dangerous drugs
LEGAL PROCEEDINGS, PENALTIES AND GENERAL
35. Application of Customs Ordinance
36. Search warrant
37. Exemption from liability
38. Powers of inspection and search
39. Offences and penalties
40. Power of arrest
41. Reward to informer
42. Certificate as evidence
SCHEDULES
--------------------------------
An Ordinance relating to dangerous drugs
6 of 1948
10 of 1949 (Cap. 33 of 1952)
3 of 1966
10 of 1967
8 of 1968
2 of 1969
8 of 1971 (Cap. 32 of 1973)
14 of 1974
26 of 1977
Commencement: 20th October 1948
PART I
PRELIMINARY
Short title
1. This Ordinance may be cited as the Dangerous Drugs Ordinance.
Interpretation
2. In this Ordinance unless the context otherwise requires-
"cocaine" means methyl-benzoyl laevo-ecgonine ([a] D 20° =16°4) in 20 per cent solution of chloroform of which the formula is C17H21O4N;
"coca leaf" means the leaf of the Erythroxylon coca Lamarck and the Erythroxylon novo-granatense (Morris) Hieronymus and their varieties belonging to the family Erythroxylaceae and the leaf of other species of this genus from which it may be found possible to extract cocaine either directly or by chemical transformation;
"the Commission" means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations;
"Convention" means the International Opium Convention signed at The Hague on 23rd January 1912 (The Hague Convention), the International Opium Convention signed at Geneva on 19th February 1925 (The Geneva Convention No. 1), and the International Convention for limiting the manufacture and regulating the distribution of narcotic drugs signed at Geneva on 13th July 1931 (The Geneva Convention No. 2) as respectively amended by the Protocol;
"conveyance" includes ship, aircraft and any other means of transport by which goods may be brought into or taken from the Gilbert Islands;
"corresponding law" means a law stated in a certificate purporting to be issued by or on behalf of the government of a country outside the Islands to be a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention or a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of drugs in accordance with the provisions of the Hague Convention, the Geneva Convention (No. 1) and the Geneva Convention (No. 2) as respectively amended by the Protocol; and any statement in any such certificate as to the effect of the law mentioned in the certificate or a statement in any such certificate that any facts constitute an offence against that law shall be conclusive;
"crude cocaine" means any extract of the coca leaf which can be used directly or indirectly for the manufacture of cocaine;
"dangerous drug" means any of the substances which may be from time to time subject to the provisions of this Ordinance;
"diacetylmorphine" means diacetylmorphine (diamorphine, heroin) having the formula C21H23O5N (C17H17 (C17H17 (C2H3O)2O3N);
"diversion certificate" means a certificate issued by a competent authority in a country through which a dangerous drug passes in transit, authorising the diversion of such drug to a country other than that specified as the country of ultimate destination in the export authorisation, and containing all the particulars required to be included in an export authorisation together with the name of the country from which the consignment was originally exported;
"ecgonine" means laevo-ecgonine ([a] D 20° = 45° 6 in 5 per cent solution of water) of which the formula is C9H15O3NH2O and all the derivatives of laevo-ecgonine which may serve industrially for its recovery;
"export" means to take or cause to be taken out of the Islands otherwise than in transit;
"export authorisation" means an authorisation issued by a competent authority in a country from which a dangerous drug is exported, containing full particulars of such drug and the quantity authorised to be exported, together with the names and addresses of the exporter and the person to whom it is to be sent and stating the country to which, and the period within which, it is to be exported;
"the Geneva Convention (No. 1)" means the International Opium Convention signed at Geneva on 19th February 1925;
"the Geneva Convention (No. 2)" means the Convention signed at Geneva on 13th July 1931, being the Convention for the purpose of supplementing the Geneva Convention (No. 1) and the Hague Convention;
"the Hague Convention" means the International Opium Convention signed at the Hague on 23rd January 1912;
"import" means to bring or cause to be brought into the Islands otherwise than in transit;
"import authorisation" means a licence issued by a competent authority authorising the importation of a specified quantity of a dangerous drug and containing full particulars of the drug, together with the name and address of the person authorised to import the drug and the name and address of the person from whom the drug is to be obtained and specifying the time within which the importation must be effected;
"import certificate" means a certificate substantially in the Form A set out in Schedule 1 issued by a competent authority in a country into which it is intended to import dangerous drugs;
Schedule 1 Form A
"Indian hemp" means either of the plants Cannabis sativa or Cannabis indica or any portion thereof;
"in transit" means taken or sent from any country and brought into the Islands (whether or not landed or transhipped in the Islands) for the sole purpose of being carried to another country, either by the same, or another conveyance;
"medicinal opium" means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether in powder form or granulated or otherwise, or mixed with neutral materials;
"morphine" means the principal alkaloid of opium having the formula C17H19O3N;
"the Organisation" means the World Health Organisation;
"prepared opium" means the product of raw opium obtained by a series of special operations, especially by dissolving, boiling, roasting and fermentation designed to transform it into an extract suitable for consumption, and includes dross and all other residues remaining after opium has been smoked;
"the Protocol" means the Protocol on Narcotic Drugs signed at Lake Success, New York, on 11th December 1946;
"raw opium" means the spontaneously coagulated juice obtained from the capsules of the Papaver somni ferum which has been submitted only to the necessary manipulations for packing and transport, whatever its morphine content;
"the Single Convention" means the Single Convention on Narcotic Drugs signed at New York on 30th March 1961;
"store" means a place appointed by the Secretary for the storage of any drug to which this Ordinance applies on its arrival in the Islands.
Dangerous drugs to be dealt with through approved ports
3. No person shall import, export, tranship or divert dangerous drugs except through ports approved by the Minister.
RAW OPIUM, INDIAN HEMP AND COCA LEAF
Application of Part II
4. (1) The provisions of this Part of this Ordinance shall apply to raw opium, coca leaf and Indian hemp and resins obtained from Indian hemp and preparations of which such resins form the base.
Import and export of certain substances prohibited
(2) No person shall import or export any of the substances to which this Part applies.
Import and export of certain seeds prohibited
5. No person shall import or export any seed of the opium poppy or any seed of Indian hemp or any seed of the coca leaf or any portion of the aforesaid plants.
Forfeiture of articles
6. If any substance to which this Part applies is unlawfully imported or exported, the same shall be seized and forfeited, and shall be disposed of in any way the Chief Customs Officer may direct, without any further proceedings.
Cultivation of certain plants prohibited
7. No person shall cultivate in the Gilbert Islands the opium poppy or Indian hemp or coca leaf plant.
Offences
8. Every person-
(a) who knowingly cultivates opium poppy, Indian hemp or coca leaf whether for private use or otherwise; or
(b) found in possession of or selling, or who shall have given or sold, to any person any substance to which this Part applies;
shall be guilty of an offence under this Ordinance.
Power of entry and of arrest
9. (1) Any police officer may, upon a warrant, enter any place in which there is a reasonable ground for suspicion that raw opium, Indian hemp or coca leaf is kept or may be found so as to constitute an offence against this Ordinance and may seize any raw opium, Indian hemp or coca leaf found there, together with baskets, jars, or packages holding the same, and apprehend and detain any person suspected of owning the same.
(2) Any police officer may without warrant apprehend and detain any person carrying or conveying any raw opium, Indian hemp or coca leaf.
(3) Any person apprehended under the provisions of the foregoing subsections shall be taken as soon as may be possible before the court to be dealt with according to law.
Seizure and destruction of plants
10. All opium poppy, Indian hemp or coca leaf found upon any plantation, whether growing or not, may be seized and destroyed by the owner or manager or any person duly authorised by either of them.
PREPARED OPIUM
Importation or exportation of prepared opium prohibited
11. No person shall import or export any prepared opium, or any pipes or other utensils for use in connection with the smoking of opium, or any utensil for use in connection with the preparation of opium for consumption.
Manufacturing, selling or using prepared opium
12. (1) If any person-
(a) manufactures, sells or otherwise deals in prepared opium; or
(b) has in his possession any prepared opium; or
(c) being the occupier of any premises, permits those premises to be used for the preparation of opium for consumption or the sale of smoking or prepared opium; or
(d) is concerned in the management of any premises used for any such purposes as aforesaid; or
(e) has in his possession any pipes or other utensils for use in connection with the smoking of opium, or any utensils used in connection with the preparation of opium for smoking; or
(f) smokes or otherwise uses prepared opium, or frequents any place used for the purpose of opium smoking;
he shall be guilty of an offence against this Ordinance.
(2) If any prepared opium, or, any article used in the preparation of or used in connection with the smoking of prepared opium, is imported or exported, or found in the Gilbert Islands, the same shall be seized and forfeited and shall be disposed of in such manner as the Chief Customs Officer may direct, without further proceedings.
MEDICINAL, OPIUM, MORPHINE; COCAINE AND CERTAIN OTHER DRUGS
Application of Part IV Schedule 2
13. (1) The provisions of this Part shall apply to the substances for the time being specified in Part I of Schedule 2.
(2) If-
(a) it appears to the Minister that a decision of the Commission or of the Organisation to alter any of the Schedules to the Single Convention or to apply to a substance measures of control applicable under that Convention to substances specified in Schedule 1 thereto requires the addition of a substance to, or the removal of a substance from, Part I or Part II of Schedule 2 or both the removal of a substance from Part I of that Schedule and the removal of a substance from Part II thereof; or
(b) it appears to the Minister probable that there will be taken such a decision as aforesaid of the Commission or of the Organisation as will require the addition of a substance to Part I of Schedule 2 and that, in the circumstances of the case, it is expedient to anticipate the decision;
he may by order make the requisite modifications in the said Schedule.
Importation or exportation of certain substances prohibited
14. No person shall import or export any substance to which this Part applies, except in accordance with sections 21 to 29.
Rules
15. (1) For the purpose of preventing the improper use of the dangerous drugs to which this Part applies, the Minister may make rules not inconsistent with the provisions of this Ordinance for controlling the manufacture, sale, possession, distribution and custody of any or all of the dangerous drugs to which this Part relates; and in particular, but without prejudice to the generality of the foregoing power, for-
(a) prohibiting the manufacture of any dangerous drugs to which this Part applies, except on premises licensed for the purpose and subject to any conditions specified in the licence;
(b) prohibiting the manufacture, sale or distribution of any such dangerous drugs, except by persons licensed or otherwise authorised under the rules and subject to any conditions specified in the licence or authority;
(c) regulating the issue by medical practitioners of prescriptions containing any such dangerous drug and the dispensing of any such prescription;
(d) requiring persons engaged in the manufacture, sale or distribution of any such dangerous drug to keep such books and to furnish such information, either in writing or otherwise, as may be prescribed; and
(e) requiring persons engaged in the manufacture, sale or distribution of any such dangerous drug to furnish such estimates of amounts of any such dangerous drug as are likely to be required annually.
(2) The rules under this section shall provide for authorising any person lawfully carrying on the business of a pharmaceutical chemist and druggist in accordance with the Pharmacy and Poisons Ordinance-
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(a) to manufacture at his shop in the ordinary course of his retail business any preparation, admixture or extract of any dangerous drug to which this Part applies; and
(b) to carry on at his shop the business of retailing, dispensing or compounding any such dangerous drug;
subject to the power of the Minister to withdraw the authorisation in the case of any person convicted of an offence against this Ordinance.
(3) Nothing in any rules made under this section shall be taken to authorise the sale or the keeping of an open shop for the retailing, dispensing or compounding of poisons by any person who is not qualified in that behalf under, or otherwise than in accordance with, the provisions of the Pharmacy and Poisons Ordinance, or to be in derogation of the provisions of the said Ordinance for prohibiting, restricting or regulating the sale of poisons.
Certain drugs deposited in store
16.-(1) All dangerous drugs to which this Part applies imported into the Gilbert Islands shall be deposited at the cost, risk and peril of the persons importing the same, in such store as shall be appointed by the Minister for that purpose.
(2) Any person in possession of any dangerous drug to which this Part of this Ordinance applies, shall keep a stock book in such form as shall be prescribed by rule made under this Part.
Drugs may be withdrawn on authority of the Secretary
17. No dangerous drug to which this Part applies shall be delivered or withdrawn from the appointed store except on the written authority of the Secretary or an officer authorised by him as hereinafter provided.
The Secretary may delegate authority
18. The Secretary may authorise in writing an officer in his department to sign the authority required by this Ordinance for the withdrawal from the store of the dangerous drugs to which this Part applies.
Withdrawals
19. No officer shall authorise the withdrawal of any dangerous drug to which this Part applies from the store, except to a registered medical practitioner, licensed pharmacist, registered dentist, qualified veterinary surgeon, or to a hospital attendant approved by the Secretary at a plantation hospital, or to a person approved by the Secretary engaged in medical work under the control of a recognised mission.
Drugs not to be kept in a place other than the store without authority
20. When any dangerous drug to which this part of this Ordinance applies is found in the possession of any person or kept in any place other than the appointed store, such person or the occupier of such place, unless he can prove that such drug was obtained under the authority of this Ordinance, or in accordance with the prescription of a registered medical practitioner, or from a person having authority to sell it, or was deposited there without his knowledge or consent, and also the owner of, or any person guilty of keeping, the said dangerous drug, shall be guilty of an offence against this Ordinance.
Export of dangerous drugs
Schedule 1 Form B
21. (1) Upon the production of an import certificate duly signed by the competent authority in any country, the Secretary may issue an export authorisation, in the Form B set out in Schedule 1, in respect of any dangerous drugs to which this Part applies referred to in the import certificate, to any person who is named as the exporter in such certificate, and is, under the provisions of this Ordinance otherwise lawfully entitled to export such drugs.
(2) The export authorisation shall be prepared in triplicate and 2 copies shall be issued to the exporter, who shall send 1 copy with the drug to which it refers, when such drug is exported.
(3) The Secretary shall send the third copy direct to the appropriate authority of the country of ultimate destination.
(4) Where the intended exportation is to a country which is not a party to the Convention, it shall not be necessary to produce an import certificate as aforesaid.
(5) In all cases it shall be in the absolute discretion of the Secretary to issue or refuse an export authorisation, as he may deem fit.
Export without authorisation prohibited
22. No dangerous drug to which this Part applies shall be exported unless the exporter is in possession of a valid and subsisting export authorisation relating to such drug granted under this Ordinance.
Export authorisation to be produced
23. At the time of exportation of any dangerous drug, the exporter shall produce to the Chief Customs Officer the dangerous drug, the export authorisation relating thereto, and such other evidence as the latter may require to satisfy him that the dangerous drug is being lawfully exported to the place and person named in the authorisation which refers to it.
Export to be in accordance with Ordinance
24. No person shall export, cause to be exported, or take any steps preparatory to exporting, any dangerous drug except in accordance with and in pursuance of the provisions of this Ordinance.
Importation of dangerous drug
Schedule 1 Form C
25. (1) An import authorisation, in the Form C set out in Schedule 1, permitting the importation of any dangerous drugs specified therein, may be granted by the Secretary, subject to such conditions as he shall deem fit, to any person who may lawfully import such drug.
(2) When an import authorisation is issued in pursuance of subsection (1), the Secretary shall also issue in relation to the dangerous drug intended to be imported an import certificate as set out in Form A in Schedule 1, which shall be forwarded by the intending importer to the person from whom the drug is to be obtained, and when an importer to whom an import authorisation is issued under this section intends to import the drug or drugs to which such authorisation related in more than one consignment, a separate import certificate shall be issued to him in respect of each such consignment.
Schedule 1 Form A
Permission to withdraw drugs from store
26. (1) Upon the arrival of any dangerous drugs in the Gilbert Islands, the person to whom such drugs are sent shall apply in writing to the Secretary for permission to withdraw such drugs from the appointed store; and such application shall state the manner in which the drugs were imported, the number and date of import authorisation and the quantity of such drugs.
(2) The Secretary, or the officer authorised by him under section 18, if satisfied that the said drugs agree in all particulars with the drugs specified in the import authorisation, may grant permission, in the Form F in Schedule 1, for the removal of the said drugs from the store.
Schedule 1 Form F
Importation without authorisation prohibited
27. No dangerous drug shall be imported unless the person to whom the drug is consigned is in possession of a valid and subsisting import authorisation granted in pursuance of this Ordinance.
Export authorisation or diversion certificate to accompany drug
28. Every dangerous drug imported from a country which is a party to the Convention or the Single Convention shall be accompanied by a valid and subsisting export authorisation or diversion certificate.
Importation to be in accordance with Ordinance
29. No person shall import, cause to be imported, or take any steps preparatory to importing, any dangerous drug to which this Part applies except in accordance with the provisions of this Ordinance.
Exception of certain substances and preparations from certain provisions of Part IV Schedule 2
30. The provisions of sections 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 shall not apply to any preparation or other substance for the time being falling within Part II of Schedule 2.
DANGEROUS DRUGS IN TRANSIT AND DIVERSION OF DANGEROUS DRUGS
Dangerous drug in transit
31. (1) No person shall bring any dangerous drug to the Gilbert Islands in transit unless-
(a) the drug is in course of transit from a country from which it may lawfully be exported to another country into which such drug may lawfully be imported; and
(b) except where the drug comes from a country not a party to the Convention or the Single Convention, it is accompanied by a valid and subsisting export authorisation or diversion certificate, as the case may be.
(2) When any dangerous drug in transit is accompanied by an export authorisation or diversion certificate and the Chief Customs Officer has reasonable grounds for believing that such authorisation or certificate is false, or that it has been obtained by fraud or wilful misrepresentation of a material particular, the Chief Customs Officer may seize and detain the drug to which such authorisation or certificate relates; and upon being satisfied that such authorisation or certificate is valid; or has not been obtained by fraud or misrepresentation as aforesaid, the Chief Customs Officer shall release the drug.
(3) When a dangerous drug in course of transit is not accompanied by an export authorisation or diversion certificate by reason of the fact that the drug comes from a country not a party to the Convention or the Single Convention and the Chief Customs Officer has reasonable grounds for believing it is being conveyed in an unlawful manner, or for an unlawful purpose, or is in course of transit for the purpose of being imported into another country in contravention of the laws of that country, the Chief Customs Officer may seize and detain the drug.
(4) When a dangerous drug in course of transit is landed or transhipped in the Gilbert Islands, it shall remain under the control of the Secretary and shall be moved only under and in accordance with a removal licence granted in pursuance of section 32.
(5) Nothing in this section contained shall be deemed to apply to any dangerous drug in transit by post or in transit by air, if the aircraft passes over the Islands without landing; or to such quantities of dangerous drugs as may bona fide reasonably form part of the medical stores of any ship or aircraft.
Removal licences
32. (1) No person shall-
(a) remove any dangerous drug from any conveyance in which it is brought into the Gilbert Islands in transit; or
(b) in any way move any such drug in the Islands at any time after removal from such conveyance;
except under and in accordance with a licence (in the Form D set out in Schedule 1 and in this Ordinance referred to as a "removal licence") issued by the Secretary; and in all cases it shall be in the absolute discretion of the Secretary to issue or refuse a removal licence as he shall deem fit.
Schedule 1 Form D
(2) No removal licence for the transfer of any such drug to any conveyance for removal out of the Gilbert Islands shall be issued unless and until a valid and subsisting export authorisation or diversion certificate relating to it is produced to the Secretary; save that when the drug has come from a country not a party to the Convention or the Single Convention this subsection shall not apply.
(3) The provisions of this section shall not apply to dangerous drugs in transit by post.
Dangerous drugs not to be tampered with
33. No person shall cause any dangerous drug in transit to be subjected to any process which would alter its nature, or wilfully open or break any package containing any dangerous drug in transit except upon the instructions of the Secretary, and in such a manner as he may direct.
Diversion of dangerous drugs
Schedule 1 Form E
34. (1) No person shall, except under the authority of a diversion certificate in the Form E in Schedule 1, cause or procure any dangerous drug brought into the Gilbert Islands in transit to be diverted to any destination other than that to which it was originally consigned; and in the case of any dangerous drug in transit accompanied by an export authorisation or a diversion certificate issued by a competent authority of some other country, the country stated in such export authorisation or diversion certificate, as the case may be, to be the country of destination, shall be deemed to be the country to which the drug was originally consigned.
(2) The Secretary may, in his absolute discretion, issue a diversion certificate in respect of any dangerous drug in transit, on the production to him of a valid and subsisting import certificate issued by a competent authority in the country to which it is intended to divert the drugs; or, if that country is not a party to the Convention or the Single Convention, on such evidence as may satisfy him that the drug is to be sent in a lawful manner and for a proper purpose.
(3) A diversion certificate shall be issued in duplicate and 1 copy thereof shall accompany the drug when it is exported, and another copy shall be despatched by the Secretary to the proper authority in the country to which the dangerous drug has been diverted.
(4) Upon the issue of a diversion certificate, the export authorisation or diversion certificate (if any) accompanying the drug on its arrival in the Gilbert Islands shall be detained by the Secretary and returned to the authority issuing such authorisation or diversion certificate, together with a notification of the name of the country to which such drug has been diverted.
LEGAL PROCEEDINGS, PENALTIES AND GENERAL
Application of Customs Ordinance
35. (1) Articles the importation of which is prohibited by this Ordinance and, to the extent to which their importation is prohibited, articles the importation of which is restricted by this Ordinance, shall be deemed to be goods the importation of which is prohibited under the Customs Ordinance; and, subject to the provisions of this Ordinance, the said Ordinance and any Ordinance amending the same shall apply to such articles.
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(2) If any goods the exportation of which is prohibited or restricted by this Ordinance are exported in contravention thereof, or brought to a wharf or other place to be shipped in any conveyance, the exporter or his agent shall be liable for each offence to forfeit either treble the value of the goods or $200, at the option of the Chief Customs Officer.
Search warrant
36. (1) A magistrate, if satisfied by information on oath that any drug or other substance to which this Ordinance applies is being unlawfully kept, landed, conveyed or sold in contravention of this Ordinance, in any place, whether a building or not, or in any ship not having the status of a ship of war, or in any vehicle, may grant a warrant to enter at any time, and if needs be by force, on Sundays as well as any other days, the place, ship or vehicle named in such warrant, and every part thereof to examine and to search for any such drug or other article unlawfully kept therein, and to demand from the owner or occupier thereof the production of the authority for being in possession of the same.
(2) When the officer or other person executing such warrant has reasonable cause to believe that any drug or other article to which this Ordinance applies, found by him in any place, ship or vehicle, is being kept, conveyed, landed or sold in contravention of this Ordinance, he may seize and detain the same until the court has decided whether the same is liable to be forfeited or not.
(3) Proceedings in the court shall be commenced as soon as possible after the seizure.
Exemption from liability
37. Any person acting under the aforementioned warrant shall not be liable to any suit for seizing or detaining any drug or other article to which this Ordinance applies.
Powers of inspection and search
38. (1) Any medical officer, officer of customs or police officer not below the rank of assistant inspector, or other person authorised in that behalf by any general or special order of the Secretary, shall, for the purposes of this Ordinance, have power to enter the premises of any person carrying on the business of a producer, manufacturer, seller or distributor of any drug to which this Ordinance applies, and to demand the production of and to inspect, any books or documents relating to dealings in any such drugs, and to inspect any stocks of any such drugs.
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(2) If a magistrate is satisfied by information on oath that there is a reasonable ground for suspecting that any drugs to which this Ordinance applies are, in contravention of the provisions of this Ordinance or any rules made thereunder, in the possession of or under the control of any person in any premises, or that any document relating to, or, connected with, any transaction or dealing which was, or any intended transaction or dealing which would, if carried out, be, an offence against this Ordinance, or in the case of a transaction or dealing carried out or intended to be carried out in any place outside the Gilbert Islands, an offence against the provisions of any corresponding law in force in that place, is in the possession of, or under the control of, any person in any premises, he may grant a search warrant authorising any police officer named in the warrant to enter, if need be, by force, the premises named in the warrant, and to search the premises and any person found therein, and if there be reasonable ground for suspecting that an offence has been committed against this Ordinance in relation to any such drugs which may be found in the premises or in possession of any such persons, or that any document which may be so found is such a document as aforesaid, to seize and detain those substances and that document as the case may be.
(3) If any person wilfully delays or obstructs any person in the exercise of his powers under this section, or fails to produce, or conceals, or attempts to conceal, any such books, drugs, stocks or documents as aforesaid, he shall be guilty of an offence under this Ordinance.
(4) Where any search is made upon a female it shall be conducted by a female.
Offences and penalties
39. (1) Any person who-
(a) acts in contravention of or fails to comply with any of the provisions of this Ordinance or any rules made under this Ordinance; or
(b) acts in contravention of or fails to comply with the conditions of any licence issued or any authority granted under or in pursuance of this Ordinance; or
(c) for the purpose of obtaining for himself or for any other person, the issue, grant or renewal of any such licence or authority as aforesaid, makes any declaration or statement which is false in any particular, or knowingly utters, produces or makes use of, any such statement or declaration or any document confirming the same; or
(d) in the Gilbert Islands aids, abets, counsels or procures the commission in any place outside the Islands of any offence punishable under the provisions of any corresponding law in force in that place, or does any act preparatory to, or in furtherance of, any act which, if committed in the Islands, would constitute an offence against this Ordinance;
shall be guilty of an offence under this Ordinance.
(2) Every person guilty of an offence under this Ordinance shall, in respect of each offence for which no penalty is otherwise prescribed, be liable-
(a) on conviction by the High Court, to a fine of $2000 and to imprisonment for 10 years; or
(b) on summary conviction by a magistrates' court, to a fine not exceeding $1000 and to imprisonment for 5 years;
and shall in every case, on conviction for the offence, forfeit to Her Majesty all articles in respect of which the offence was committed; and the court before which the offender was convicted may order the forfeited articles to be destroyed or otherwise disposed of, as the court deems fit.
(3) No person shall be proceeded against under subsection (1) (a) unless the proceedings are instituted by, or with the consent of, the Attorney-General; and no person, on conviction for any offence of contravening or failing to comply with any rules made under this Ordinance, relating to the keeping of books, or the issuing or dispensing of prescriptions containing drugs to which this Ordinance applies, shall be sentenced to imprisonment without the option of a fine, or to pay a fine exceeding $100, if the court dealing with the case is satisfied that the offence was committed through inadvertence and was not preparatory to, or committed in the course of, or in connection with, the commission of, or intended commission of, any other offence against this Ordinance.
(4) If any person attempts to commit an offence against this Ordinance, or solicits or incites another person to commit such an offence, he shall, without prejudice to any other liability, be liable to the same punishment and forfeiture as if he had committed an offence against this Ordinance.
(5) When a person convicted of an offence against this Ordinance is a company, the chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence, unless he proves that the act constituting the offence took place without his knowledge or consent.
(6) Notwithstanding any enactment prescribing the time within which such proceedings may be brought, any such proceedings for an offence against this Ordinance may be brought either within the time so specified or 3 months from the date on which evidence sufficient in the opinion of the Attorney-General to justify a prosecution for the offence comes to his knowledge, whichever is the longer; and for the purposes of this subsection, a certificate purporting to be signed by the Attorney-General as to that date on which such evidence as aforesaid comes to his knowledge, shall be conclusive evidence thereof; and this provision of this subsection shall apply to proceedings for attempting or soliciting or inciting another person to commit such an offence, as they apply to proceedings for such an offence.
Power of arrest
40. Any officer of customs or police officer may arrest without warrant any person who has committed, or attempted to commit, or is reasonably suspected by an officer of customs or police officer of having committed or attempted to commit, an offence against this Ordinance, if he has reasonable ground for believing that that person will abscond unless arrested, or if the name and address of that person are unknown to him and cannot be ascertained by him.
Reward to informer
41. The court before which any person is convicted for any offence under this Ordinance may direct a portion of the fine actually paid into court, and not exceeding one-half, to be paid to an informer.
Certificate as evidence
42. In any proceedings under this Ordinance the production of a certificate purporting to be signed by a government chemist shall be prima facie evidence of the facts therein stated.
_______
SCHEDULE 1
FORM A
(Section 2)
Import Certificate issued by the Government of the Gilbert Islands
Serial No.
File No.
International Conventions on Narcotic Drugs
CERTIFICATE OF OFFICIAL APPROVAL TO IMPORT
I, being the person charged with the administration of the law relating to Dangerous Drugs to which the International Conventions on Narcotic Drugs apply, hereby certify that I have approved the importation by [here insert name, address and business of importer] of [here insert exact description and amount of drug to be imported] from [here insert name and address of firm in exporting country from which drugs are to be obtained] subject to the conditions, that-
(1) the consignment shall be imported before the ........ and ......
(2) the consignment shall be imported by ...... and that I am satisfied that the consignment proposed to be imported is required-
(1) for legitimate purposes;
(2) solely for medicinal or scientific purposes.
Date
Signature and Stamp of Issuing Authority.
This document is solely for production to the Government of the country from which the drug is proposed to be exported.
________
FORM B
(Section 21)
Serial No.
File No.
Applicant's reference No.
THE GILBERT ISLANDS
Dangerous Drugs Ordinance
EXPORT AUTHORISATION
In pursuance of the Dangerous Drugs Ordinance, the Secretary to the Ministry of Health and Community Affairs hereby authorises ............ hereinafter called "the exporter" to export from-
(1) the port of .......... by s.s.
(2) the Gilbert Islands by parcel post in parcels from the General Post Office in .........to .......... in virtue of Import Certificate No. ...... dated ........ issued by ...... the following drugs, namely-
This authorisation is issued subject to the following conditions-
1. This authorisation is not a licence to obtain or be in possession of the drugs named herein.
2. This authorisation is available only for drugs of the exact quantity, kind and form specified above.
3. This authorisation does not relieve the exporter from compliance with any Customs Ordinance in force for the time being, relating to the exportation of goods from the Gilbert Islands, nor from any provision of the Post Office Ordinance, or of any Post Office Regulations, for the time being in force, nor from any rules or regulations, respecting the transmission of articles by post, which may for the time being be in force within the Islands or elsewhere.
4. If the drugs are authorised to be exported by ship, the duplicate copy which is attached shall accompany the consignment to the place of destination, and for this purpose the exporter shall cause it to be delivered to the master of the vessel by which the consignment is despatched (see footnote 3).
5. If the drugs are authorised to be despatched by post, the attached duplicate copy shall be placed inside the outer wrapper of the parcel containing the drugs. If the drugs are contained in more than 1 parcel, the duplicate copy shall be placed inside the outer wrapper of one of them, the parcels shall be consecutively numbered on the outer wrapper, and on each parcel shall be legibly stated the number of the parcel in which the duplicate copy is to be found (see footnote 2).
6. The exporter, if so required by the Chief Customs Officer, shall produce to him within such time as he may allow, proof to his satisfaction that the said drugs were duly delivered at the destination named in the authorisation; and in the event of non-compliance with this condition, the authorisation shall be deemed void and of no effect.
7. The exporter shall furnish to the Secretary to the Ministry of Health and Community Affairs returns of the goods exported by him in pursuance of this authorisation, as may from time to time be required.
8. The authorisation is valid only for the exporter named above and may be revoked at any time by the said Secretary. It shall be produced for inspection when required by any authorised person.
9. This authorisation, unless sooner revoked, shall continue in force for 3 calendar months from the date thereof. It must be produced at the time of export to an officer of-
(1) the Customs Division; or
(2) the Post Office;
who will retain it; if not used it shall be surrendered to the said Secretary within 7 days of the date of expiry.
Signature and stamp
Title
Date
NOTE.-(1) If any alteration is desired in this authorisation it must be returned with a request for amendment and a statement of the reasons therefor. No unauthorised alteration is permissible.
(2) In the case of a drug to be exported by post, failure to comply with this condition may lead to delay or confiscation of the parcels in the country of destination.
(3) In the case of drugs exported by ship, this document is required in pursuance of the International Opium Convention of 1925, Article 25, and by the Single Convention on Narcotic Drugs to be presented to the competent authority of the country through which the consignment passes whether it is transhipped or not. Failure to comply with this condition may lead to delay or confiscation of the consignment.
_______
FORM C
(Section 25)
Authorisation No.
File No.
THE GILBERT ISLANDS
IMPORT AUTHORISATION
In pursuance of the Dangerous Drugs Ordinance (hereinafter called "the Ordinance") the Secretary to the Ministry of Health and Community Affairs hereby authorise ........ (hereinafter called the "Importer") to import the drugs referred to in the Schedule hereto from ............
This authorisation is issued subject to the following conditions-
1. The drugs shall be imported before
2. This authorisation is not a licence to be in possession of or to supply the drug imported.
3. This authorisation is valid only for the importer and may be revoked at any time by the said Secretary to whom it shall in that event be immediately surrendered. It shall be produced for inspection when required by any duly authorised person.
4. This authorisation does not relieve the importer from compliance with any customs regulations in force for the time being relating to the importation of goods into or transhipment of goods in the Gilbert Islands or any Post Office Regulations for the time being in force in the Islands.
5. This authorisation unless sooner revoked shall be produced to the customs officer at the time of importation and shall be surrendered to the customs officer at the time when the last consignment of drugs is imported.
6. If the importation of all the drugs specified in the Schedule is not effected before the date specified in condition No. 1 this authorisation shall immediately after that date be surrendered to the said Secretary.
7. The copy of the export authorisation, if any, which accompanies the drugs shall be forwarded to the Secretary for Health and Welfare immediately the importation of the drugs has been effected.
Date .........
Secretary to the Ministry of Health and Community Affairs
SCHEDULE SPECIFYING THE DRUGS AND QUANTITIES THEREOF TO BE IMPORTED
| Name of Drug | Quantity |
| 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. | |
This authorisation is not to leave the possession of the importer until it is surrendered to the Secretary to the Ministry of Health and Community Affairs or to the customs officer who will complete the indorsement on the back and return the authorisation to the said Secretary.
INDORSEMENT BY CUSTOMS OFFICER AT THE TIME OF IMPORTATION
| Date | Description of drugs imported | No. and date of Export Authorisation | Quantity | How imported | Customs entry or parcel No. | Signature, rank and station of customs officer |
| | | | | | | |
| | | | | | | |
This authorisation, when all the drugs to which it refers have been imported, must be returned by the customs officer to the Secretary to the Ministry of Health and Community Affairs.
_____
FORM D
(Section 32)
THE GILBERT ISLANDS
LICENCE FOR THE REMOVAL OF DANGEROUS DRUGS IN TRANSIT
.............. is hereby authorised to move the hereunder from .......... to .........
Nature and quantity of dangerous drugs ......
Particulars of export authorisation or diversion certificate (if any), relating thereto ......
Name of ship in which the drugs were brought into the Gilbert Islands ......
Number of packages ...........
Date of arrival ..................
Marks and numbers on packages .........
This licence is issued subject to the following conditions-
1. This licence is valid only for the removal of the drugs specified above.
2. The removal of the drugs shall take place between ...... a.m./p.m. and ....... a.m./p.m. on the ........ 19....
3. If the removal of the drugs does not take place within the hours and on the day specified this licence must be returned to the Secretary to the Ministry of Health and Community Affairs forthwith; and in any case shall be surrendered when the removal has taken place.
4. The drugs must not be removed unless an officer of the Customs Division is present.
5. This licence does not authorise the person named above to be in possession of the drugs, otherwise than for the purpose of removing them in accordance with this licence.
6. The packages containing the drugs are not to be opened or broken in the course of the removal.
7. This licence must be produced at any time when required by a duly authorised person.
Date
Signed
Title
_______
FORM E
(Section 34)
THE GILBERT ISLANDS
INTERNATIONAL CONVENTIONS ON NARCOTIC DRUGS
DIVERSION CERTIFICATE
I, being the person charged with the administration of the law relating to the dangerous drugs to which the International Conventions on Narcotic Drugs apply hereby certify that I have authorised the diversion of the consignment of drugs of which particulars are given below, to the destination stated below.
Description and quantity of drugs
Name of vessel in which the consignment was brought to the Gilbert Islands
Name and address of exporter
Number and date of export authorisation and authority by whom issued
Name and address of the original consignee named in the export authorisation
Name and address of the consignee to whom the consignment is authorised to be diverted
Number and date of import certificate (and authority by whom issued) by virtue of which this diversion is authorised
Name of vessel on which the consignment is authorised to be carried from [Name of Port]
Period within which the consignment is to be carried from the Gilbert Islands.
This certificate is issued subject to the following conditions-
1. The duplicate copy of this certificate must accompany the consignment to the place of destination and for this purpose must be delivered to the master of the vessel by which the consignment is despatched.
2. This certificate does not relieve any person who is concerned with the carriage of the consignment of the drugs specified above from compliance with the Customs Regulations in force for the time being relating to the exportation of goods from the Gilbert Islands.
3. This certificate is valid only for the consignment and for the period specified above and may be revoked at any time.
4. If the consignment is not carried from the Gilbert Islands within the period specified above this certificate must be surrendered to the Secretary to the Ministry of Health and Community Affairs.
5. This certificate must be produced at any time when required by a duly authorised person.
Signed
Title
Date
NOTE.- (1) If any alteration is desired in this certificate it must be returned with a request for amendment. No unauthorised alteration is permissible.
(2) This document is required in pursuance to the International Opium Convention, 1925, Article 15, and by the Single Convention on Narcotic Drugs to be produced to the competent authorities of the country through which the dangerous drug passes, whether it is transhipped or not. Failure to comply with the conditions may lead to delay or confiscation of the consignment.
_________
FORM F
(Section 26)
(In duplicate)
No.
THE GILBERT ISLANDS
To the Customs Officer in Charge,
Dangerous Drugs Store,
Permission is hereby granted ......... [business] ......... of ............. to withdraw from the Dangerous Drugs store the undermentioned drugs-
| Import authorisation | { | File No. Serial No. Date |
How imported
| Name of Drug | Quantity |
| 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. | |
Date
Secretary to the Ministry of Health and Community Affairs.
______
SCHEDULE 2
(Section 13)
SUBSTANCES DEALINGS IN WHICH ARE SUBJECT TO CONTROL UNDER PART IV OF THE ORDINANCE
PART I
SUBSTANCES DEALINGS IN WHICH ARE SUBJECT TO CONTROL EXCEPT, IN THE CASE OF ANY SPECIFIED IN PART II BELOW, AS REGARDS IMPORTATION AND EXPORTATION
1. The following substances, namely-
Acetyldihydrocodeine. Allylprodine. Alphacetylmethadol. Alphameprodine. Alphamethadol. Alphaprodine. Anileridine. Benzethidine. Benzylmorphine (3-benzyl-morphine).
Betacetylmethadol.
Betameprodine.
Betamethadol.
Betaprodine.
Clonitazene.
Cocaine.
Codeine. Desomorphine. Dextromoramide. Dextropropoxyphene. Diamorphine. Diampromide (N-[2-(N methylphenethylamino) propyl] propionanilide).
Diphenoxylate.
Dipipanone.
Ecgonine.
Ethylmethylthiambutene.
Ethylmorphine (3-ethyl-morphine).
Etonitazene.
Etoxeridine.
Fentanyl.
Furethidine.
Hydrocodone (dihydrocodeinone).
Hydromorphinol.
Hydromorphone.
Hydroxypethidine.
Isomethadone.
Ketebemidone.
Levomethorphan.
Levomoramide.
Levophenacylmorphan.
Levorphanol.
Metazocine.
Methadone.
Methadyl acetate.
Methyldesorphine.
Methyldihydromorphine (6-methyldihydromorphine).
Metopon.
Morpheridine.
Morphine.
Morphine methobromide, morphine -N-oxide and other pentavalent nitrogen morphine derivatives.
Myrophine.
Nicocodine.
Nicomorphine (3, 6 dinicotinoylmorphine).
Noracymethadol.
Norcodeine.
Norlevorphanol.
Normethadone.
Normorphine.
Norpipanone.
Oxycodone.
Oxymorphone.
Pethidine. Phenadoxone Phenampromide. Phenazocine. Phenomorphan. Phenoperidine. Pholcodine. Piminodine. Proheptazine. Properidine (1-methyl-4- phenylpiperidine -4-car-boxylic acid isopropyl ester).
Racemethorphan.
Racemoramide.
Racemorphan.
Thebacon.
Thebaine.
Trimeperidine.
4-Cyano-2-dimethylamino-4, 4-diphenylbutane.
4-Cyano-1-methyl-4-phenylpiperidine.
1-Methyl-4-phenylpiperidine-4-carboxylic acid.
2-Methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid.
4-Phenylpiperydine-4-carboxylic acid ethyl ester.
2. Any ester (other than one expressly mentioned in paragraph 1 above) or either (other than one so mentioned) of a substance for the time being specified in that paragraph.
3. Any salt of a substance for the time being specified in paragraph 1 or 2 above.
4. Any derivative of ecgonine which is convertible to ecgonine or to cocaine.
5. Concentrate of poppy-straw (that is to say, the material arising when poppy-straw has entered into a process for the concentration of its alkaloids).
6. Medicinal opium.
7. Any extract or tincture of cannabis.
8. Any preparation, admixture, extract or other substance containing any proportion of a substance for the time being specified in paragraph 1 above or in any of the paragraphs 2 to 7 above.
PART II
PREPARATIONS AND OTHER SUBSTANCES FALLING WITHIN PART I WHOSE IMPORTATION AND EXPORTATION IS EXCEPTED FROM CONTROL
9. (1) A preparation of not more than 1 of the substances to which this paragraph applies, when-
(a) compounded with 1 or more other ingredients in such a way that the preparation has no, or a negligible, risk of abuse, and that the substance cannot be recovered by readily applicable means or in a yield which would constitute a risk to health; and
(b) containing not more than 100 milligrammes of the substance per dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations.
(2) The substances to which this paragraph applies are acetyldihydrocodeine, codeine, dextropropoxyphene, dihydrocodeine, ethylmorphine (3-ethyl-morphine), norcodeine, pholcodine and their respective salts.
10. A preparation of cocaine containing not more than 0.1 per cent of cocaine calculated as cocaine base, being a preparation compounded with 1 or more other ingredients in such a way that the preparation has no, or a negligible, risk of abuse and that the cocaine cannot be recovered by readily applicable means or in a yield which would constitute a risk to health.
11. A preparation of medicinal opium or of morphine containing (in either case) not more than 0.2 per cent of morphine calculated as anhydrous morphine base, being a preparation compounded with 1 or more other ingredients in such a way that the preparation has no, or a negligible, risk of abuse and that the opium or, as the case may be, the morphine, cannot be recovered by readily applicable means or in a yield which would constitute a risk to health.
12. Solid dose preparations of diphenoxylate containing, per dosage unit, not more than 2.5 milligrammes of diphenoxylate calculated as base and not less than 25 microgrammes of atropine sulphate.
13. Pulvis Ipecacuanhae et Opii Compositus-
10 per cent opium, in powder,
10 per cent Ipecacuanha root, in powder, well mixed with 80 per cent of any other powdered ingredient containing neither a drug to which Part II or Part III of this Ordinance applies nor a substance for the time being specified in paragraph 1 of this Schedule or in any of paragraphs 2 to 8 thereof.
14. Mixtures containing not more than 1 of the preparations specified in paragraphs 9 to 13 above, being mixtures whereof none of the other ingredients is either a drug to which Part II or III of this Ordinance applies or a substance for the time being specified in paragraph I of this Schedule or in any of paragraphs 2 to 8 thereof.
________
[Subsidiary]
SUBSIDIARY LEGISLATION
Regulations under section 15 (1)
DANGEROUS DRUGS REGULATIONS
L.N. 19/80
Commencement: 21 February 1980
Citation
1. These Regulations may be cited as the Dangerous Drugs Regulations.
Interpretation
2. In these Regulations, unless the context otherwise requires-
"approved veterinary surgeon" means a veterinary surgeon approved as such by the Minister;
"drug" means any drug to which Part IV of the Ordinance applies or a preparation within the meaning of these Regulations;
"Ordinance" means the Dangerous Drugs Ordinance and references in these Regulations to that Ordinance shall be construed as references to that Ordinance as amended by any subsequent Ordinance;
"pharmacist" means a pharmacist registered under the Pharmacy and Poisons Ordinance;
Cap. 70
"preparation" means any preparation, admixture, extract or other substance containing such a proportion of a drug as is sufficient to make the preparation, admixture, extract or substance a drug to which Part IV of the Ordinance applies;
"registered dentist" means a dental practitioner registered under the Medical and Dental Practitioners Ordinance;
Cap. 55
"registered medical practitioner" means a medical practitioner registered under the Medical and Dental Practitioners Ordinance.
Cap. 55
Unauthorised manufacture of drug
3. A person shall not manufacture or carry on any process in the manufacture of a drug-
(a) unless he is duly authorised so to do;
(b) except on authorised premises;
(c) otherwise than in accordance with the terms and conditions of his authority.
Certain persons only permitted to purchase drugs and preparations wholesale
4. No person shall buy a drug or preparation wholesale except-
(a) a registered medical practitioner;
(b) a registered dentist;
(c) an approved veterinary surgeon;
(d) a registered pharmacist,
and the Government Pharmacist shall not sell any drug or preparation wholesale except to a person mentioned in these Regulations.
Unauthorised sale, etc., of drug
5. (1) Subject as hereinafter provided a person shall not supply or procure or offer to supply or procure or prescribe to or for any person (including himself) and whether in Kiribati or elsewhere or advertise for sale a drug or preparation-
(a) unless he is authorised to do so; or
(b) otherwise than in accordance with the terms and conditions of his authority.
(2) A person shall not supply or procure or offer to supply or procure or prescribe a drug or preparation to or for any person (including himself) in Kiribati except as follows-
(a) to a person authorised to be in possession of the drug or preparation under these Regulations; or
(b) when the drug or preparation is administered by or under the direct personal suspension, and in the presence of a registered medical practitioner or by or under the direct personal supervision, and in the presence of a registered dentist in the course of dental treatment.
Unauthorised possession of drug
6. (1) A person shall not be in possession of a drug or preparation unless he is duly so authorised.
(2) For the purposes of these Regulations-
(a) a person to whom a drug or preparation is lawfully supplied on a prescription lawfully given by a registered medical practitioner, a registered dentist or an approved veterinary surgeon or to whom a drug or preparation is lawfully supplied by a registered medical practitioner, or an approved veterinary surgeon who dispenses his own medicines shall be deemed to be a person authorised to be in possession of the drug or preparation so supplied:
Provided that if a drug or preparation is supplied by or on a prescription given by a registered medical practitioner to a person who was at that time in the course of receiving treatment, whether in respect of addiction or otherwise, from and being supplied with a drug or preparation by or on a prescription given by another medical practitioner, that person shall not for the purposes of these Regulations be deemed to be a person authorised to be in possession of the drug or preparation supplied by or on a prescription given by the first mentioned medical practitioner if he did not before the supply thereof to him disclose to the first mentioned medical practitioner the fact that he was being so treated and supplied by or on a prescription given by that other medical practitioner;
(b) a person shall be deemed to be in possession of a drug or preparation if it is in his actual custody or is held by any other person subject to his control, or for him or on his behalf.
Delivery of drug to agent
7. (1) Where a drug or preparation is to be lawfully supplied to any person (hereinafter referred to as "the recipient") otherwise than by or on a prescription given by a registered medical practitioner, the person supplying the drug or preparation (hereinafter referred to as "the supplier") shall not deliver it to a person who purports to be sent by or on behalf of the recipient, unless that person either-
(a) is a person authorised under these Regulations to be in possession of that drug or preparation; or
(b) produces to the supplier a statement in writing signed by the recipient to the effect that he is authorised by the recipient to receive the drug or preparation in question on behalf of the recipient and the supplier is satisfied that the document is a genuine document.
(2) A person to whom a drug or preparation is lawfully delivered in the circumstances mentioned in sub-paragraph (b) of the last preceding paragraph shall be deemed to be a person authorised to be in possession thereof, but for such period only as in the circumstances of the case is reasonably sufficient to enable the delivery to the recipient to be effected.
Persons authorised to be in possession of drugs, etc.
8. (1) Persons who are members of the following classes, that is to say-
(a) registered medical practitioners;
(b) registered dentists;
(c) approved veterinary surgeons;
(d) medical officers; and
(e) owners and commanders of aircraft,
are hereby authorised so far as may be necessary for the practice or exercise of their respective professions or employments, or to enable compliance by them with the provisions of any law for the time being in force in relation to them, in their capacity as members of their respective classes to be in possession of, and to supply, drugs or preparations:
Provided that a dentist shall not be authorised to supply a drug or preparation otherwise than by the personal administration thereof by him to persons receiving treatment by him.
(2) The master of any overseas registered vessel which is in a port in Kiribati is hereby authorised to procure and to be in possession of such quantity of drugs and preparations as may be certified by the Chief Medical Officer to be necessary for the equipment of such vessel until it reaches its home port.
Registered pharmacists
9. (1) Registered pharmacists actually in business are hereby authorised-
(a) to manufacture at the shop in the ordinary course of their retail business-
(i) any extract or tincture of Indian hemp;
(ii) any preparation; and
(b) subject to the provisions of these Regulations to carry on the business of retailing, dispensing or compounding drugs or preparations.
(2) Every drug or preparation in the actual custody of a person authorised by virtue of this Regulation shall be kept in a locked receptacle which can be opened only by him or by an assistant of his who is a registered pharmacist.
Withdrawal of authority
10. (1) If any person being an authorised person within the meaning of these Regulations is convicted of an offence against the enactments relating to the Customs as applied by the Ordinance the Minister may, if he is of the opinion that the person ought not to be allowed to remain an authorised person, by notice in the Gazette withdraw the authority of that person.
(2) Where the person whose authority is withdrawn under the last preceding paragraph is a registered medical practitioner, a registered dentist or an approved veterinary surgeon, the Minister may, by notice given in like manner direct that it shall not be lawful for that person to give prescriptions for the purposes of these Regulations.
Prescription
11. (1) For the purposes of these Regulations a prescription means a prescription in the prescribed form directing the supply of a drug or preparation and given either by a registered medical practitioner for the purposes of medical treatment, by a registered dentist for the purposes of dental treatment or by an approved veterinary surgeon for the purposes of animal treatment.
(2) The prescribed form for prescriptions for a drug or preparation shall be in the form set out in section 37 of the Pharmacy and Poisons Ordinance.
Supply of drug on prescription
12. (1) A person shall not supply a drug or preparation on a prescription-
(a) unless the prescription complies with the provisions of these Regulations relating to prescriptions; and
(b) unless he either-
(i) is acquainted with the signature of the person by whom it purports to have been given and has no reason to suppose that it is not genuine; or
(ii) has taken reasonable precautions to satisfy himself that it is genuine.
(2) The person dispensing a prescription shall at the time of dispensing it mark thereon the date on which it is dispensed and shall retain it and keep it on the premises where it is dispensed so that it may be available for inspection.
Drug to be labelled
13. (1) Subject to the provisions of this regulation no person shall-
(a) supply a drug unless the package or bottle in which it is contained is plainly marked with the amount of the drug contained therein; or
(b) supply a preparation unless the package or bottle in which it is contained is plainly marked-
(i) in the case of a powder, solution or ointment with the total amount thereof in the package or bottle and the percentage of the drug contained in the powder, solution or ointment; or
(ii) in the case of tablets or other similar articles with the amount of the drug in each article and the number of articles in the package or bottle.
(2) This rule shall not apply in a case where a preparation is lawfully supplied in accordance with these Regulations by or on a prescription lawfully given by a registered medical practitioner.
Register of drugs supplied
14. (1) Every person authorised to supply drugs or preparations shall comply with the following provisions-
(a) he shall in accordance with this regulation keep a register and enter therein true particulars with respect to every quantity of any drug or preparation obtained by him and with respect to every quantity of any drug or preparation supplied by him whether to persons within or persons outside Kiribati;
(b) each drug or preparation shall be entered on a separate page of the register;
(c) the register required to be kept by this regulation shall be in addition to any books, records or documents required to be kept under the Ordinance or any other regulations made thereunder;
(d) the required entry must be made on the day on which the drug or preparation is received or on which the transaction in respect to the supply thereof takes place or if that is not reasonably practicable on the day next following the said day;
(e) a separate register shall be kept in respect of each set of premises at which the authorised person carries on business;
(f) no cancellation, obliteration or alteration shall be made of an entry in the register and any correction of any entry must be made by way of a marginal note or a footnote which must specify the date on which the correction is made;
(g) the authorised person shall on demand by the Chief Medical Officer, or by any person empowered in that behalf by order in writing by the Chief Medical Officer, furnish to the Chief Medical Officer, or to that person as the case may be, such particulars as the Chief Medical Officer or that person may require with respect to the obtaining or supplying by the authorised person of any drug or preparation, or with respect to any stocks of drugs or preparations, in the possession of the authorised person;
(h) the register shall be kept on the premises to which it relates.
(2) Every entry required to be made under this regulation and every correction of such an entry must be made in ink.
Preservation of books, records, etc.
15. All records, registers, books, prescriptions and other documents which are kept, issued or made in pursuance of the requirements or for the purposes of these Regulations shall be preserved in the case of a register, book or other like record for a period of 2 years from the date on which the last entry is made therein and in the case of any other document for a period of 2 years from the date on which it is issued or made.
Unauthorised sale, etc., of drugs prohibited
16. No person shall give, sell, barter or distribute any drug or preparation save as is permitted by these Regulations.
Government Medical Services exempt
17. These Regulations shall not apply to the Government Medical Services.
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