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Medicines Act 1981

Enforcement

80: Strict liability

You could also call this:

"You can be found guilty of selling bad medicine even if you didn't mean to break the law."

Illustration for Medicines Act 1981

If you are prosecuted for selling a medicine or medical device against the law, you do not have to be proven to have intended to break the law. You can defend yourself if you can prove you did not intend to break the law and you took all reasonable steps to ensure the sale was lawful. You must give the prosecutor written notice of your defence within a certain time frame. If you want to use this defence, you must tell the prosecutor in writing that you intend to use it and specify the steps you took. You can only use evidence of the steps you specified in your written notice to support your defence, unless the court allows otherwise. This means you must be careful about what you include in your notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56080.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
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81: Further defences, or

"Defences if you are accused of selling bad medicine"

Part 5Enforcement

80Strict liability

  1. In any prosecution for selling a medicine or medical device contrary to any provision of this Act or of any regulation made under this Act, it shall not be necessary for the prosecution to prove that the defendant intended to commit an offence.

  2. Subject to subsection (3), it shall be a good defence in any such prosecution if the defendant proves—

  3. that he did not intend to commit an offence against this Act or any regulations made under this Act; and
    1. that he took all reasonable steps to ensure that the sale of the article would not constitute any such offence.

      1. Except as provided in subsection (4), subsection (2) shall not apply unless, within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—

      2. stating that he intends to rely on subsection (2); and
        1. specifying the reasonable steps that he will claim to have taken.

          1. In any such prosecution, evidence that the defendant took a step not specified in the written notice required by subsection (3) shall not, except with the leave of the court, be admissible for the purpose of supporting a defence under subsection (2).

          Compare
          • 1969 No 7 s 31