As enacted

Contents

National Medicines Regulatory Authority Act 2015 · As enacted · Part IV · General

134. Defence

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

In a prosecution for the offence of sale of any medicine, medical device or borderline product contrary to the provisions of this Act or any regulation made thereunder, subject to subsection (2) it shall be a defence for the accused—

(a)

that he purchased the medicine, medical device or borderline product in a package and sold it in the same package and in the same condition that it was at the time he purchased it; and

(b)

that he could not have with reasonable diligence, ascertained that the sale of the medicine, medical device or borderline product would be in contravention of the Act or any regulation made thereunder.

(2)

The defence specified in subsection (1) shall not be available to an accused unless he has within thirty days of the detection of the offence informed in writing to the

Authorized Officer detecting the offence—

(a)

of his intention to avail himself of such defence;

and

(b)

the name and address of the person from whom he purchased the medicine, medical device or borderline product and the date of purchase.

Read on from s 135

Part V