(1) A person must not
sell by wholesale a poison, medicine or medical device to which this section
applies unless the person—
(a) is a
pharmacist acting in the ordinary course of his or her profession; or
(b) is
licensed to do so by the Minister.
Maximum penalty: $10 000.
(2) This section
applies to such poisons (other than prescription drugs), medicines or
medical devices as may be prescribed, individually or by class, by the
regulations.
(3) In proceedings for
an offence against subsection (1), the paragraphs of the subsection are
to be treated as providing exceptions, and, if the complaint negatives the
exceptions or alleges that the defendant acted without lawful authority, no
proof will be required in relation to the exceptions by the prosecution but
the application of an exception will be a matter for proof by the defendant.