1 -1. Short title and application.

(1) This Act may be cited as the Poisons Act 1952 .

(2) This Act Shall apply throughout Malaysia.

2 -2. Interpretation.

(1) In this Act unless the context otherwise requires:

  "Acetylating substance"  includes acetic anhydride, acetyl chloride and acetyl bormide;

  "animal treatment"  includes the investigation, examination or treatment of animal ailments;

["animal treatment" Subs. Act A1666:s.2]

  "authorized officer"  means:

(a) a Drug Enforcement Officer under this Act;

(b) a police officer not below the rank of Inspector; or

(c) a senior officer of customs as defined under the Customs Act 1967 [ Act 235 ];

["authorized officer" Ins. Act A1666:s.2]

  "British Pharmacopoeia" and "British Pharmaceutical Codex"  respectively include

3 -3. Establishment of Poisons Board.

(1) For the purpose of this Act and to advise the Minister generally thereon, there shall be established an advisory board, called the Poisons Board, consisting of the members following:

(a) the Director General of Health who shall be an ex-officio member;

(b) one pharmacist holding office in the service of the Government to be appointed by the Minister;

(c) one officer of the Department of Chemistry to be appointed by the Minister;

(d) one officer of the Department of Agriculture to be appointed by the Minister;

(e) one officer of the Veterinary Department holding office in the service of the Government to be appointed by the Minister; and

(f) eight persons ordinarily resident in Malaysia and not in the service of any Government in the Federation to be appointed by the Minister who shall be nominated as follows:

4 -4. Proceedings of Board.

(1) The Director General of Health shall be the Chairman of the Poisons Board and shall preside at all meetings which he attends.

(2) In the absence of the Chairman from any meeting the members present shall elect one of their members to preside.

(3) The Chairman or member presiding at any meeting shall have an original vote and also, if upon any question the votes are equally divided, a casting vote.

(4) The Board shall meet at such places and times as the Chairman may appoint and at any meeting four members including the Chairman or member presiding shall form a quorum.

(5) The Board may invite any one or more persons to attend any meeting of the Board but a person so attending shall not have the right to vote at the meeting.

(6) There may be paid to members of the Board such allowances and other expenses as may be determined by the Board with the approval of the Minister and such allowances and expenses shall

4A -4A. Resolution without meeting.

(1) Subject to subsection (2), the Poisons Board may, where necessary, pass a resolution without meeting.

(2) Where the Board wishes to pass a resolution without meeting, the Board shall comply with the following conditions:

(a) all members of the Board have been informed of the proposed resolution, or reasonable efforts have been made to inform all members of the Board of the proposed resolution; and

(b) all members of the Board indicate agreement with the resolution in accordance with the method determined by the Board under subsection (3).

(3) Subsection (2) applies only if the Board decides:

(a) that the subsection applies; and

(b) the method by which members of the Board are to indicate agreement with the resolution.

[4A. Ins. Act A1666:s.4]

5 -5. Powers of Board to regulate proceedings.

(1) Subject to this Act the Poisons Board shall have power to regulate its own procedure.

(2) No action or proceeding of the Board shall be questioned on the ground:

(a) of the existence of any vacancy in the membership or any defect in the constitution of the Board; or

(b) of any omission, defect or irregularity in procedure not affecting the merits of the case.

6 -6. Power of Minister to amend Poisons List.

The Minister may, from time to time, after consultation with the Poisons Board by order notified in the Gazette, add to, remove from or reinstate in the Poisons List any substance as he may deem fit or proper, or remove from transfer to or include in any column of the Poisons List any poison, or exempted preparation or amend any DEFINITION of any poison or exempted preparation contained in such list or in any column thereof.

7 -7. Application of the Act.

(1) Nothing in this Act shall apply:

(a) to any exempted preparation; or

(b) to any article or preparation specified in the Second Schedule.

(2) The Minister may, from time to time, after consultation with the Poisons Board by order notified in the Gazette , add to or remove from the Second Schedule any article or preparation.

(3) Save in so far as is expressly provided by any regulation made under this Act, this Act shall not apply to the sale or supply of any poison or of any medicine containing poison by any officer or person, who::

(a) is employed in any hospital, infirmary, dispensary or veterinary hospital wholly maintained by the Government of Malaysia or any State Government or by any local authority or out of public funds or by a charity approved by an order, whether general or special, of the Director General of Health, and who s

8 -8. Control of imports of poisons.

(1) No person other than a person licensed under this Act in that behalf shall import any poison from any place outside Malaysia.

(2) This section shall not apply to:

(a) any person arriving in Malaysia from a place outside Malaysia who imports, as part of his personal luggage and solely for his personal use or for the use of his family, a prepared or packaged medicine containing any poison, not exceeding such quantities as may be reasonably required for one month's use by one person; and

(b) any person importing a prepared or packaged medicine containing any poison for his own personal use or for that of his family by letter or parcel post, in such quantities and subject to such conditions as may be prescribed by regulations made under this Act; and

(c) any officer of the Government importing in the course of his duty any poison on account of the Government; and

(d)

9 -9. Packaging, labelling and storing of poisons.

(1) No person, whether licensed under this Act or not, shall knowingly sell, supply, keep or have in his possession or under his control or store any poison otherwise than in accordance with the regulations made under this Act and in force relating to the possession, containers, packaging, labelling or storing of such poison.

(2) In any proceedings under this section if any person is proved to have sold, kept or had in his possession or under his control or stored any poison he shall be deemed to have done so knowingly, unless the contrary is proved by him.

(3) Any person who contravenes subsection (1) shall be guilty of an offence against this Act.

10 -10. Transport of poisons.

No person shall transport or consign for transport any poison otherwise than in accordance with the regulations made under this Act.

11 -11. Control of manufacture of preparations containing poison.

No preparation containing any poison shall be manufactured otherwise than in accordance with the regulations made under this Act.

12 -12. Control of compounding of poisons for use in medical treatment.

(1) No person shall dispense, compound or mix any poison with any other substance, whether a poison or not, for the purpose of its being used for medical treatment unless he is:

(a) a registered pharmacist or a person working under the immediate personal supervision of a registered pharmacist;

(b) a person acting in the course of his duties who is employed in a hospital or dispensary maintained by the Government of Malaysia or any State Government or out of public funds or by a charity approved by an order whether general or special of the Director General of Health or in an estate hospital and who is authorised in writing by the registered medical practitioner for the time being in charge of such hospital or dispensary to dispense, compound and mix poison; or

(c) a registered medical practitioner or a person working under the immediate personal supervision of such a practitioner who dispe

13 -13. Possession for sale of poison and sale of poison in contravention of this Act an offence.

Any person who:

(a) possesses for sale any poison, unless he is licensed under this Act to sell or supply such poison or authorized under section 18 to sell or supply such poison; or

(b) sells or supplies any poison in contravention of, or otherwise than in accordance with, this Act, or of any regulations made thereunder or of the terms and conditions of any licence issued to him under this Act, relating to the sale or supply of poison, or relating to the sale or supply of poison included in that Part or Group of the Poisons List in which the poison so sold or supplied is included;

shall be guilty of an offence against this Act.

14 -14. Control of acetylating substances.

(1) Any person who has in his possession an acetylating substance shall be guilty of an offence against this Act unless he proves:

(a) that he is licensed under this Act;

(b) that he is authorised under this Act; or

(c) that the acetylating substance is in his possession for a lawful purpose.

(2) In any prosecution for an offence under this section, any person who is found to have in his custody or under his control any acetylating substance shall be deemed to have been in possession of the substance and to have known the nature of the substance, until he proves to the contrary.

(3) Any person convicted of an offence against this section shall be liable to imprisonment for a term not exceeding fourteen years and not less than three years, and he shall also be punished with whipping of not less than six strokes.

(4) Notwithstanding any other provision i

15 -15. Sale of poisons by wholesale.

(1) No poison shall be sold by wholesale except by a licensed wholesaler in accordance with the terms and conditions of his licence.

(2) No poison shall be sold by a licensed wholesaler except to:

(a) a person licensed to retail such poison;

(b) a purchaser outside Malaysia to whom such poison is to be immediately exported on sale;

(c) another licensed wholesaler;

(d) the owner or the manager acting on behalf of the owner of any estate for the purpose of the business of such estate or for enabling such owner, or his manager acting on his behalf, to comply with any requirements made by or under any written law with respect to the medical treatment of persons employed on such estate;

[(d) Am. Act A1666:s.6]

(e) a professional person or tradesman for the purpose of such person's or trademan's profession or trade and not

16 -16. Sale of poisons by retail.

(1) Subject to section 18 no poison shall be sold by retail except by a registered pharmacist or a person licensed to sell such poison by retail and in accordance with the terms and conditions of such licence.

[Am by Act A1666]

(2) Every such sale shall be effected at or from the premises specified in such licence.

[Am by Act A1666]

(3) Every such sale shall be effected by or under the immediate personal supervision of the registered pharmacist or the person named in such licence.

[Am by Act A1666]

(4) Every such sale shall be effected in accordance with this Act and of any regulations made thereunder relating to such poison.

(4A) Every licensed pharmacist shall keep records of a registered pharmacist engaged or employed in a premises where the licensed pharmacist is licensed to retail poisons in accordance with any regulations m

17 -17. Prohibition of sale to persons under 18.

(1) No poison shall be sold or supplied to any person under eighteen years of age, otherwise than for purposes of the medical or dental treatment of such person.

[Am by Act A1666]

(2) Any person contravening this section shall be guilty of an offence against this Act.

(3) It shall be a sufficient defence to any charge under this section that the person charged had reasonable cause to believe that the person to whom such sale was made was above the age of eighteen years.

18 -18. Restriction on the sale or supply of Part I poisons generally.

[Am. by Act A1666]

(1) Part I Poison shall not be sold or supplied to any person except:

(a) by wholesale in accordance with section 15; or

(b) by retail sale effected by or under the immediate personal supervision of a registered pharmacist at or from a premises where a licensed pharmacist is licensed to retail poisons and in accordance with the terms and conditions of such licence of the licensed pharmacist; or

[Subs. by Act A1666]

(c) as an ingredient of a dispensed medicine, by a registered medical practitioner, registered dentist or registered veterinary surgeon in accordance with section 19; or

[Am. by Act A1666]

(d) to be exported to purchasers outside Malaysia; or

(e) to a person or institution concerned with scientific education or research or chemical ana

19 -19. Supply of poisons for the purpose of treatment by professional men.

(1) Any poison other than a Group A Poison may be sold, supplied or administered by the following persons for the following purposes:

(a) a registered medical practitioner may sell, supply or administer such poison to his patient for the purposes of the medical treatment of such patient only;

(b) a registered dentist Division I may sell, supply or administer such poison to his patient for the purposes of the dental treatment of such patient only; and

(c) a registered veterinary surgeon may sell or supply such poison to his client for the purposes of animal treatment only.

[Am. by Act A1666]

(2) A registered dentist Division II may sell, supply or administer to his patient for the purposes of the dental treatment of such patient only any poison other than a Group A or a Group B Poison.

(3) Every medicine containing any poison sold

20 -20. Group A Poisons.

Group A Poison shall not be sold or supplied by wholesale or retail except:

(a) by a licensed wholesaler to a licensed pharmacist or to another licensed wholesaler; or

(b) by a licensed wholesaler to be immediately exported to a purchaser outside Malaysia.

21 -21. Group B Poisons.

(1) Group B Poison shall not be sold or supplied by retail to any person except:

(a) where the sale or supply of such poison, if it had been a Group A Poison, would have been authorized under section 20;

(b) by a registered medical practitioner, registered dentist Division I or registered veterinary surgeon selling or supplying the same in accordance with section 19; or

[Am. by Act A1666]

(c) by a registered pharmacist, as a dispensed medicine on and in accordance with a prescription prescribed by a registered medical practitioner, registered dentist or registered veterinary surgeon in the form required by subsection (2) or (2A) and when supplied in accordance with this Act and of any regulations made thereunder relating to such sale or supply on a prescription.

[Am. by Act A1666]

Form of prescription f

22 -22. Group C Poisons.

Group C Poison shall not be sold or supplied by retail to any person except:

(a) where the sale or supply of such poison, if it had been a Group B Poison, would have been authorized under or by virtue of, and is effected in accordance with section 21; or

(b) as a dispensed medicine or an ingredient in a dispensed medicine.

23 -23. Group D Poisons.

(1) Group D Poison shall not be sold or supplied by retail to any person except:

(a) where the sale or supply of such poison, if it had been a Group C Poison, would have been authorized under or by virtue of section 22; or

(b) by a registered pharmacist to a person known personally to such pharmacist or introduced to the pharmacist personally by a person known personally to the pharmacist and when such poison is sold or supplied in accordance with this section and of any regulations made under this Act relating to such sale or supply.

[Am. by Act A1666]

Poisons Book.

(2) Where any Group D Poison is sold to any person by a retailer otherwise than as a dispensed medicine or an ingredient in a dispensed medicine, the retailer shall not deliver it until:

(a) he has made or caused to be made an entry in

24 -24. Prescription Book.

[Am. by Act A1666]

(1) Where any poison is sold or supplied as a dispensed medicine or as an ingredient in a dispensed medicine, the seller or supplier shall, on the day on which such poison or medicine is sold or supplied, enter or cause to be entered in a register, kept for such purpose (in this Act referred to as the "Prescription Book")

[Am. by Act A1666]

(a) the date on which the medicine was sold or supplied and the serial number of the entry in such register of the prescription (if any);

[Am. by Act A1666]

(b) the name of the poison and the ingredients of the medicine or, in the case of a proprietary medicine, the name of the medicine and the quantity supplied;

(c) in the case of a sale or supply by a retailer on a prescription, the name of the patient, or, when the prescriber is a registere

25 -25. Sale of Part II Poisons.

(1) No person shall sell or supply any Part II Poison otherwise than in accordance with this Act and of any regulations made thereunder.

(2) No person, licensed to sell Part II Poisons only, shall sell any arsenical or mercurial poison to any person, unless such person is engaged in agriculture, horticulture or the trade or business of curing skins or hides or the preservation of buildings or other structures, liable to be destroyed by insects, and requires such poison for the purpose of such agriculture, horticulture, trade or business.

(3) Any person selling or supplying any Part II Poison in contravention of subsection (1) or (2) shall be guilty of an offence against this Act.

26 -26. Licences.

(1) The Director General of Health, or the Principal Director or the Director of Medical and Health Services of any State duly appointed in writing by the Director General of Health to be a Licensing Officer of any State or the Federal Territory may, subject to this Act, issue licences for the purposes of this Act.

[Am. by Act A1666]

(2) Such licences may be:

(a) a Type A licence issued to a pharmacist to import, store and deal generally by wholesale and retail or by wholesale only or by retail only, subject to this Act, in all poisons;

(b) a Type B licence issued to any person whom the Licensing Officer may consider to be a fit and proper person to hold such licence, or issued to a responsible officer of a company incorporated under the Companies Act 1965 to import, store and sell by wholesale such poisons (not being a Group A Poison) as may be specified in such lice

26A -26A. Directives.

(1) The Director General of Health may issue such directives, not inconsistent with the provision of this Act, as he thinks necessary or expedient for the proper implementation of section 26 of this Act.

(2) A person issued with the directives under this section shall comply with such directives.

(3) Any person who fails to comply with the directives issued by the Director General of Health under subsection (1) commits an offence against this Act.

[Ins. by Act A1666]

27 -27. Register of licences.

(1) Every licence, issued under this Act by a Licensing Officer for any State in such State, shall be numbered consecutively in respect of each type and of the year in which it was issued, commencing each year with the number one.

(2) The Licensing Officer for each State shall keep a register of licences issued by showing all the particulars of each licence so issued, and the entries in such register shall be numbered to correspond with the serial numbers of the licences and there shall be noted in the register, in the event of the cancellation of any licence, the date of such cancellation.

(3) Any extract from or copy of an entry in a register kept under this section shall be prima facie evidence of the facts stated therein, if such extract or copy is certified under the hand of the Licensing Officer to be a true extract or copy.

28 -28. (Deleted).

(Del. by Act A1666)

29 -29. Control of import manufacture and sale of lead tetra ethyl.

(1) In this section:

  "lead tetra ethyl"  includes other similar lead containing compounds used as ingredients of motor fuel;

  "ethyl petrol"  means motor spirit containing lead tetra ethyl;

  "concentrated ethyl fluid"  means any fluid containing lead tetra ethyl in a proportion exceeding one part to nine hundred and fifty parts in volume.

(2) Notwithstanding any other provisions including section 7 of this Act, or of any licence issued under any other provisions of this Act, no person shall manufacture lead tetra ethyl or sell, import, possess or use any ethyl petrol or concentrated ethyl fluid otherwise than in accordance with any regulations applicable thereto made under this Act.

30 -30. Control of import, export, manufacture, sale, etc. of psychotropic substances.

(1) (Del. by Act A1666)

(2) The Minister may, from time to time, after consultation with the Poisons Board, by order published in the Gazette amend the Third Schedule.

(3) Notwithstanding any other provisions in this Act, no person shall import, export, manufacture, compound, mix, dispense, sell, supply, administer, possess or use any psychotropic substance otherwise than in accordance with any regulations applicable thereto made under this Act.

(4) In any prosecution for an offence under this section, any person who is found to have in his custody or under his control any psychotropic substance shall be deemed to have been in possession of the substance and to have known the nature of the substance, until he proves to the contrary.

(5) Any person who contravenes subsection (3) or any regulations made under this Act relating to psychotropic substances shall be guilty of an offence and shall, on convicti

31 -31. Authorization of Drug Enforcement Officer.

[Subs. by Act A1666]

(1) The Licensing Officer may authorize in writing any registered pharmacist in the public service to exercise the powers of a Drug Enforcement Officer under this Act.

(2) In exercising any of the powers of a Drug Enforcement Officer under this Act, a Drug Enforcement Officer shall on demand produce to the person against whom he is acting the authorization referred to in subsection (1).

[Subs. by Act A1666]

(3) (Del. by Act A1666)

(4) (Del. by Act A1666)

(5) (Del. by Act A1666)

(6) (Del. by Act A1666)

(7) (Del. by Act A1666)

(8) (Del. by Act A1666)

(9) (Del. by Act A1666)

(10) (Del. by Act A1666)

31A -31A. Powers of enforcement, inspection and investigation.

An authorized officer shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code [Act 593] in relation to enforcement, inspection and investigation, and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof.

[Ins. by Act A1666]

31B -31B. Search and seizure.

(1) In this section, "premises" includes:

(a) any land, building or part of any building;

(b) any place whether open or enclosed;

(c) any conveyance;

(d) any installation on land, offshore installation or other installation whether on the bed of or floating on any water; and

(e) any structure movable or immovable.

(2) When an authorized officer has reasonable cause to believe that an offence under this Act or any regulations made under this Act has been or is being committed in any premises or in connection with any business carried on in any premises, the authorized officer may at any reasonable time by day or by night and with or without assistance:

(a) enter the premises and if need be by force;

(b) search the premises for, and to seize or remove from the premises any poison, psychotro

31C -31C. Power to access premises and land.

(1) An authorized officer shall have access to any premises or land for the purpose of:

(a) inspecting any substance reasonably believed to be or to contain any poison or any psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article as he considers necessary;

(b) verifying the accuracy of any book, register, record, document, computerized data, statement or any information given to an authorized officer, and make copies of or take extracts from such book, register, record, document, computerized data or statement found in the premises or land; or

(c) collecting samples of any substance reasonably believed to be or to contain any poison or psychotropic substance found in the premises or land.

(2) For the purposes of this section, an authorized officer may without paym

31D -31D. Power to require information and documents.

(1) An authorized officer, in carrying out an investigation under this Act, may make an order by a written notice under subsection (2), if he has reason to believe that a person:

(a) has any information or any document that is relevant to the performance of the authorized officer's powers and functions under this Act; or

(b) is capable of giving any evidence which the authorized officer has reason to believe is relevant to the performance of the authorized officer's powers and functions under this Act.

(2) The order made by an authorized officer under subsection (1) may direct the person:

(a) to provide any information to the authorized officer, within the period and in the manner and form specified in the notice;

(b) to produce any document to the authorized officer, within the period and in the manner specified in the notice, whether in

31E -31E. Access to recorded information, computerized data, etc.

(1) Any authorized officer exercising his powers under this Act shall be given access to any recorded information, or computerized data, whether stored in a computer or otherwise.

(2) In exercising his powers, the authorized officer may:

(a) inspect and check the operation of any computer and any associated apparatus or material which the authorized officer has reasonable cause to suspect is or has been used in connection withthat information or data;

(b) require the person:

(i) whom the authorized officer has reasonable cause to suspect is using or to have used the computer in connection with that information or data; (ii) whom the authorized officer has reasonable cause to suspect that the computer is used or has been used, on behalf of the person, in connection with that information or data; or (iii) having charge of, or is otherwise concerned with, the operation of the compu

31F -31F. No cost or damages arising from entry, search or seizure to be recoverable.

No person shall, in respect of any entry or search, or seizure of any poison, psychotropic substance or other substances, or seizure of any receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other articles, seized or surrendered in the exercise or the purported exercise of any power conferred under this Act, be entitled to recover the costs of such entry, search, or seizure or to claim any damages or other relief unless such entry, search, or seizure was made without reasonable cause.

[Ins. by Act A1666]

32 -32. Penalties.

(1) Any person who wilfully fails to keep any register required to be kept under this Act or under any regulation made thereunder or who wilfully fails to make in such register any entry required to be made by any of this Act or of any regulation made thereunder or who knowingly or recklessly makes any false entry in such register which he knew to be false or which he did not believe to be true shall be guilty of an offence and punishable by a fine not exceeding five thousand ringgit or by imprisonment for a term not exceeding two years or both.

[Am. by Act A1666]

(2) Any person guilty of an offence against this Act, for which no other penalty is specifically provided by this Act or by any regulations made thereunder, shall be punishable by a fine not exceeding fifty thousand ringgit or by imprisonment for a term not exceeding five years or both.

[Am. by Act A1666]

Provided t

32A -32A. Compounding of offences.

(1) The Minister may, with the approval of the Public Prosecutor, make regulations prescribing:

(a) any offence under this Act and any regulations made under this Act as an offence which may be compounded; and

(b) the method and procedure for compounding such offence.

(2) The Director General of Health or any Drug Enforcement Officer appointed by the Director General of Health may, with the written consent of the Public Prosecutor, compound any offence committed by any person under this Act and any regulations made under this Act and prescribed to be a compoundable offence by making a written offer to the person suspected of committing the offence to compound the offence on payment to the Director General of Health of an amount of money not exceeding fifty per cent of the amount of the maximum fine for that offence within the time specified in the offer.

(3) An offer under sub

33 -33. Sessions or Magistrate's Court to have full jurisdiction over offences against this.

A Sessions Court or a Court of a First Class Magistrate in West Malaysia or a Sessions Court in the State of Sabah or Sarawak shall have jurisdiction to hear and determine all prosecutions under this Act and, notwithstanding anything to the contrary contained in any other written law, a Sessions Court shall have power to impose the full penalty or punishment provided by this Act.

34 -34. Sanction to prosecute and conduct of prosecutions.

(1) No prosecution shall be instituted under this Act or any regulation made thereunder without the sanction in writing of the Public Prosecutor.

(2) Prosecutions in respect of offences under this Act or any regulation made thereunder may be conducted by any registered pharmacist in the public service authorized in writing by the Public Prosecutor.

34A -34A. Protection against suits and legal proceedings.

No action shall lie or prosecution shall be brought, instituted or maintained in any court against:

(a) any Licensing Officer, authorized officer or member of the Poisons Board for any act done by him; or

(b) any other person for any act done by him under the order, direction or instruction of the Licensing Officer, authorized officer or the Poisons Board,

if the act was done in good faith and in the reasonable belief that it was necessary for the carrying into effect the provisions of this Act or its regulations.

[Ins. by Act A1666]

34B -34B. Evidence of agent provocateur is admissible.

Notwithstanding any written law or rule of law to the contrary, in any proceedings against any person for an offence under this Act or its regulations:

(a) no agent provocateur, whether he is an authorized officer or not, shall be presumed to be an accomplice or be unworthy of credit as a witness by reason only of his having attempted to commit or to abet, or having abetted or having been engaged in a criminal conspiracy to commit, such offence if the main purpose of such attempt, abetment or engagement was to secure evidence against such person;

(b) any statement whether oral or in writing made to an agent provocateur by any person shall be admissible in evidence at his trial; and

(c) a conviction for any offence under this Act or its regulations solely on the uncorroborated evidence of any agent provocateur shall not be illegal and no such conviction shall be set aside merely because the

34C -34C. Electronic transaction.

(1) Where a written order under section 15 or 23 is in the form of an electronic message, the requirement of the Act is fulfilled if it is obtained, forwarded, served, sent, delivered, received or retained in accordance with the Electronic Commerce Act 2006 [ Act 658 ] and any other requirements as may be prescribed under this Act.

(2) Where any provision under this Act requires a signature of a person on a document, otherwise than on a prescription, the requirement of the Act is fulfilled, if the document is in the form of an electronic message containing a signature in accordance with the Electronic Commerce Act 2006.

[Ins. by Act A1666]

35 -35. Regulations.

(1) The Minister may make regulations to carry out the purposes of this Act and, in particular, but without prejudice to the generality of the foregoing powers, may make regulations with respect to any of the following matters or for any of the following purposes:

(a) the importation of poisons;

(b) the manufacture of preparations containing poisons;

(c) the sale, whether by wholesale or retail, or the supply of poisons, by or to any person or class of persons including:

(i) regulating or restricting the sale or supply of poisons by persons licensed or authorized under this Act and prohibiting the sale of any specified poison or class of poisons by any class of such persons; and

[Am. by Act A1666]

(ii) dispensing with, or relaxing with respect to any specified poison, any of the provisions contained in this Act, or in any regulati