LAWS OF BRUNEI - PDF document

LAWS OF BRUNEI CAP. 114Search and search warrant.Penalties.Rules. LAWS OF BRUNEI CAP. 114“licensed practitioner” means a GovernmentMedical Officer or a registered medical practitioner“Licensing Officer” means a person empowered bysection 4 to issue licences for the purposes of thisCap. 112.person who holds anydegree, diploma or licence approved by the Medicalection (1) of section 9of the Medical Practitioners and Dentists“Poisons List” means the Poisons Lists in theCap. 112.“registered medical practitioner” means a medical under the Medical“sale by way of wholesale dealing” means sale to aCap. 112.“veterinary surgeon” means a person who holds thediploma of membership of the Royal College ofVeterinary Surgeons of England, or the diploma of aBritish or foreign veterinary institution or examiningunder subsection (1) of section 9 of the MedicalDescription of poisons.(1)The substances specified in the Poisons List shall be(2)His Majesty the Sultan and Yang Di-Pertuan inCouncil may, by notification in the GazetteLicensing Officers.His Majesty the Sultan and Yang Di-Pertuan mayappoint any person to be a Li LAWS OF BRUNEI CAP. 114in the case of a preparation which contains apoison as one of the ingredients thereof, with particularsas to the proportion which the poison contained in thepreparation bears to the total ingredients;with the word “Poison” or other prescribedindication of the character thereof;with the name of the seller of the poison and(3)Subject to any rules made under this Act dispensingit shall not be lawful to sell any poison to anyperson unless that person is known by the seller or bysome person in the employment of the seller at thepremises where the sale is effected, or is introduced bysome person known to the seller as a person to whom thethe seller of any pois(i)he has made or caused to be made anentry in a book to be kept for that purposestating the date of the sale, the name andaddress of the purchaser and of theperson, if any, introducing him, the nameand quantity of the substance sold and thepurpose for which it is stated by the(ii)the purchaser and the person introducinghim, if any, have afto the entry aforesaid.Exemptions in respect of medicines.(1)Nothing in section 6 shall apply —to a medicine which is supplied by a registeredthe purposes of medical LAWS OF BRUNEI CAP. 114if the medicine was not so dispensed, the nameProvided that the provisions of this subsection shall, in thecase of a medicine supplied on a prescription on which suchmedicine had been supplied by the seller on a previous occasion,be deemed to be complied with if the date on which the medicineis supplied and the quantity thereof supplied are entered in theor, if that is not reasonably practhat day, together with a sufficient reference to any entry in thebook duly recording the dispensing of the medicine by the seller(4)In the case of a medicine which is supplied ord pharmacist or licenmedicine must have been compounded by or under the directand personal supervision of a licensed pharmacist or licensedExemptions of respect of sale.Except as provided in any rules made under this Act,nothing in the provisions of subparagraph of paragraph ofsubsection (1) and subsections (2) and (3) of section 6, shallthe sale of poisons by way of wholesalethe sale of poisons to be exported from BruneiDarussalam Darussalam;the sale of poisons to be used by a registeredmedical practitioner, dentist or veterinary surgeon for thethe sale of poisons for use in or in connectionwith any hospital, dispensary or similar institutionapproved by an order, whether general or special, of the LAWS OF BRUNEI CAP. 114in a bottle or other vessel tied over, capped,locked or otherwise safely secured in a manner differentfrom that in which bottles or vessels containing non-poisonous substances are secured in the same warehouse,in a bottle or otdistinguishable by touch from the bottles or vessels inwhich non-poisonous substances are kept in the samein a bottle, vessel, box or package kept in aroom or cupboard under lock Issue of (1)A Licensing Officer may issue to any person,subject to such special conditions and limitations as the referred to inProvided that no licences shall be issued to a medicalpractitioner other than licences to import, possess, and sellpoisons by retail in his own personal practice or business, or in apractice or business partnership of which every member is amedical practitioner. (2)A Licensing Officer, if it appears expedient to him(3)Every licence shall, unless previously cancelled,remain in force until the 31st day of December in the year in(4)Such fees as may be prescribed shall be charged onthe issue of each licence. (5)Any person to whom a Licensing Officer refuses toissue a licence or whose licence is cancelled under theprovisions of subsection (2) may appeal to His Majesty in LAWS OF BRUNEI CAP. 114(2)Each Licensing Officer shall keep a register ofLicenses issued by him showing all the particulars of eachlicence granted by him and the entries in the register shall benumbered to correspond with the serial numbers of the licencesand there shall be noted in the register in the event of the(3)Any extract from or copy of an entry in a registerkept under this section shall, is proved beevidence of the facts stated therein if such extract or copy iscertified under the hand of a Licensing Officer to be a trueAnnual list to be published.(1)The Director of Medical Services shall in or aboutthe month of February in each year cause to be printed andpublished in the Gazette lists of all persons licensed under thisAct with the nature of the licence or licences granted to eachsuch person, and specifying the profession or business and thepremises in respect of which such licences have been granted.Lists of all such licences issued after the publication of theGazette(2)In such lists the names shall be in alphabeticalorder, according to the surname or seh when such name or itsequivalent is used by the licensed person, and otherwiseaccording to the personal name of the licensed person followed(3)Every list so published as aforesaid shall beevidence that the persons therein named are licensed under thisAct as therein stated and the absence of any name from such listshall be evidence until the contrary has been proved that suchForms of Licences issued under this Act shall be substantially inthe forms prescribed with such variations as circumstances mayrequire.Search and search warrants.(1)A Licensing Officer or any officer of the MedicalDepartment authorised in writing by a Licensing Officer or anypolice officer not below the rank of inspector may enter at allreasonable times upon any premises in which poisons are LAWS OF BRUNEI CAP. 114His Majesty in Council may by order published in the exempt from the operation of this Act or of any specificany chemical commonly used for any processbut every such exemption shall be subject to such instructionsand conditions as His Highness in Council may think fit to(1)Any person who acts in contravention of any of theprovisions of this Act or of any rule or order made thereunder,shall except in so far as his act comes within one of theexemptions made by sections 7 and 8, be guilty of an offence:Penalty, a fine of $8,000 or, in default of payment,Provided that if the act or omission charged amounts, in theopinion of the court before which he is tried, to such a degree ofnegligence as to endanger or be likely to endanger, human life,then such person shall be guilty of an offence: Penalty, a fine of(2)Any person who would have been guilty of anoffence against the provisions of this Act or of any rule or ordermade thereunder if anything had been done or omitted by himpersonally shall be guilty of such offence and be liable to thesame penalty if such thing had been done or omitted by hispartner, agent or servant, unless he proves to the satisfaction ofthe court that he took all reasonable precautions to prevent thedoing or omission of such thing; but so that nothing in thissubsection shall affect the liability of such partner, agent orservant, and provided that the liability of such person shall not(3)Where any person convicted of an offence againstthe provisions of this Act or of any rule or order madethereunder is a body corporate every person who, at the time ofcommission of the offence, was a director, manager, secretary or LAWS OF BRUNEI CAP. 114(3)It shall be a sufficient defence to any charge undersubsection (1) that the person believe that the person to whom such sale was made was abovethe age of 18 years.Rules.His Majesty in Council may make rules to carry out thepurposes of this Act and, in particular, but without prejudice tothe generality of the foregoing powers, may make rules withrespect to any of the following matters or for any of thethe importation, use, and control of poisons,the manufacture of preparations containingthe sale, whether by wholesale or retail, or thesupply of poisons, by or to any person or class of(i)regulating or restricting the sale or supplyof poisons by persons licensed under or of subsection (1) ofng the sale of anyspecified poison or class of poisons by(ii)prohibiting the sale by retail of poisonsincluded in Part I of the Poisons Listexcept on a prescription duly signed by alicensed practitioner, licensed dentist orlicensed veterinary surgeon, andprescribing the form and regulating theuse of prescriptions (iii)dispensing with or relaxing with respectto any specified poison any of theprovisions contained in this Act or in any LAWS OF BRUNEI CAP. 114SCHEDULE POISONS LIST (Sections 2 and 3) In the construction of this list, unless the contrary intention appears —A reference to a substance shall include a reference to that substanceprepared either from natural sources or synthetically or artificially. A reference to a substance shall include a reference to that substancewhen contained as such in any preparation, solution, admixture or natural sub-PART I Acebutolol Acepromazine; its salts l acetanilides Acetazolamide; its salts Acetic anhydride Acetorphine; its salts; its esters and others; their salts Acetyldigitoxin Acetydihydrocodeine; its salts Acetymethadol; its salts Adiphenine hydrochloride Alcuronium chloride Alhyl flourides other than those specified in Part II of this list Alkaloids, the following; the quaternary compounds, any salt simpleor complex, of any substance falling within the following —Aconite, alkaloids of Atrophine Belladonna, alkaloids of Calabar Beans, alkaloids of Codeine, its esters and ethers Colchicum, alkaloids of Coniine Cotarnine Curare, alkaloids of; curare bases Ecgonine, its esters and ethers Ephedra, alkaloids of Ergot, alkaloids of, hydrogenated or not; their homologues Gelsemium, alkaloids of Homatropine LAWS OF BRUNEI CAP. 114Anileridine; its salts Antibiotics, the following, their salts; their esters and salts of such esters —Actinomycins Amphomycin Amphotericin Cabimicina Candicidin Cephaloglycin Cephaloridine Cephalosporins, that is to say, the antimicrobial substances containing ine a fused dihydrothiaziChloraphenicol Chromomycin A Clindamycin Colimycin Dihydrostreptomycin Erthromycin Flavomycin Flucytosine Fumagillin Gentamycin Gramicidins Griseofulvin Hachimycin Kanamycin Kanendomycin Lincomycin, that is to say, the S-alkyl derivatives of 6, 8-dideoxy-6-trans(4-alkyl-L-2 pyrrolidine carboxamido) 1-thio-D-erytho-oc-D-galacto-actopyrano-side, and N-methylpyrrolidine analogues thereof Methacycline Mithramycin Mitomycins Neomycin Novobiocin Oleandomycin Paromomycin Penicillin, its salts and its derivatives Polymyxins and their salts Rifamycins, that is to say, a group of related antimicrobial microlactans,either produced by the growth of streptomyces mediterranei or by modi- LAWS OF BRUNEI CAP. 114Substances being tetra-N-substituted derivatives of ethylenediamine orpropylenediamine Antimony, chlorides of, antimonates, organic of compounds of antimonyApomorphine; its salts Aprotinin Arsenical substances, the following, except those specified in Part II of thislist, halides of arsenic, oxides of arsenic, arsenates, arsenites, organiccompounds of arsenic L-Asparaginase Atenolol Barbituric acid; its salts; derivatives of barbituric acid; their salts, com-pounds of barbituric acid, its salts, its derivatives, their salts, with anyother substanceBarium, salts of, other than barium sulphate and the salts of barium speci-fied in Part II of this list Bemegride Benactyzine, its salts, its quaternary compounds Benapryzine; its salts Benserazide hydrochloride Benzbromarone Benzethidine; its salts Benzhexol Benzilonium bromide Benzocaine Benzoctamine; its salts Benzoylmorphine; its salts Benztropine and its homologues; their salts Benzylmorphine; its salts Betacetylmethadol; its salts Betahistine; its salts Betameprodine; its salts Betamethadol; its salts Betaprodine; its salts Bethanechol chloride Bethanidine; its salts Bezitramide; its salts Biperiden; its salts Bretylium; its salts Bromhexine hydrochloride Bromocriptine mesylate Bromvaletone Bufexamac Buformin; its salts Bufotenine; its salts; its esters and ethers; their salts Bumetanide Buphenine hydrochloride Bupivacaine; its salts Busulphan; its salts LAWS OF BRUNEI CAP. 114Creosote obtained from wood Cropropamide Crotethamide Croton, oil of 4-Cyano-2-dimethylamino-4, di-diphenylbutane; its salts 4-Cyano-1-methyl-4-phenylpiperidine; its salts Cyclarbamate Cylopentolate hydrochloride Cyclophosphamide Cycrimine; its salts Cyproterone; its salts Cytarabine; its salts Dapsone; its salts Dantrolene sodium Daunorubicin; its salts Deanol; its salts Debrisoquine; its salts Dehydroemetine; its salts Deprodone; its salts; its esters; their salts; any acetyl derivatives and itsDesferrioxamine; its salts Desipramine; its salts Desomorphine; its salts; its esters and ethers; their salts Dexitimide Dextromethorphan; its salts Dextromoramide; its salts Dextrorphan; its salts Diacetylnalorphine; its salts Diamino-diphenyl sulphones; their salts; their derivative Diampromide; its salts Diazepam and other compounds containing the chemical structure of di-e substituted to any degree; their salts Diazoxide; its salts Dibenzepin; its salts N-Diethylaminoethyl ephedrine; its salts NN-Diethyltryptamine (DET) Difenoxin Digitalis, glycosides of; other active principles of digitalis Dihydrallazine; its salts Dihydrocodeine; its salts; its esters and ethers; their salts Dihydrocodeinone; its salts Diloxanide Furoate Dihydromorphine; its salts; its esters and ethers; their salts Dimenoxadole; its salts Dimepheptanol; its salts; its esters and ethers; their salts LAWS OF BRUNEI CAP. 114Etoxeridine; its salts Fencamfamin; its salts Fenfluramine; its salts Fenoprofen; its salts Fenoterol Fentanyl; its salts Flavoxate; its salts Fluanisone Flufenamic acid; its salts; its esters; their salts Fluorouracil; its salts Flupenthixol; its salts Fluprostenol; its salts Flurbiprofen Fluspirilene Furaltadone Furazolidone Furethidine Gallamine; its salts; its quarternary compounds Glibenclamide; its salts Glibornuride; its salts Glipzide Glutethimide; its salts Glymidine Guanethamide; its salts Guanidines, the following —polymethylene diguanidines di-p-anisyl-p-phenetyguanidine Guanoclor; its salts Guanoxan; its salts Haloperidol and other 4-substituted derivatives of N-(3-p-fluorobenzoyl-propyl) piperidine Hexachlorophene Heamethonium; its salts Hexapropymate 3-Hexyl-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl 6H-dibenzo (b, d)Hydrallazine; its salts Hydrazines, benzyl, phenethyl and Phenoxyethyl their oc methyl de-riva-tives; acyl derivatives of any of the foregoing substances comprised inthis item; salts of any compounds comprised in this item Hydrocodone; its salts Hydrocyanic acid; cyanides, other than ferrocyanides and ferricyanides Hydromorphinol; its salts; its esters and ethers; their salts Hydromorphone; its salts; its esters and ethers; their salts Hydroxycinchoninic acids, derivatives of; their salts; their esters Hydroxy-N, N-dimethyltryptamines; their esters or ethers, any salt of anysubstance falling within this item Hydroxypethidine; its salts; its esters and ethers; their salts Hydroxyurea LAWS OF BRUNEI CAP. 114Mephenesin; its esters Meprobamate Mercaptopurine; its salts; derivatives of mercaptopurine; their salts Mercury, oxides of; nitrates of mercury; mercuric ammonium chlorides;potassiomercuric iodides; organic compounds of mercury which containa methyl (CH 3) group directly linked with the mercury atom; mercuricoxycyanides; mercuric thiocyanate Metaraminol tartrate Metaxalone Metazocine; its salts; its esters and ethers; their salts Metformin; its salts Methadone (amidone); its salts Methadyl acetate; its salts Methanthelinium bromide Methaqualone; its salts Methdilazine hydrochloride Methimazole Methixene; its salts Methocarbamol Methotrexate Methoxamine hydrochloride Methoxyphenamine; its salts Methsuximide Methylaminoheptane; its salts Methyldesorphine; its salts; its esters and ethers; their salts Methyldihydromorphine; its salts; its esters and ethers; their salts Methyldopa Methyldopate; its salts 2-Methyl-3-morpholino-1, 1-diphenyl-propane carboxylic acid; its salts; itsesters; their salts Methylpentynol; its esters and other derivatives oc-Methylphenethylamine,B-methylphenthylamine and oc-ethylphenethylamine; any syntheticcompound structurally derived from any of those substances by substi-tution in the aliphatic part or by ring closure therein (or by both suchsubstitution and such closure) or by substitution and such aromatic ring(with or without substitution at the nitrogen atom), except ephedrine, itsoptical isomers and H-substituted derivatives, fenfluramine,hydroxyamphenamine, methoxyphenamine, phenylpropanolamine,pholedrine and prenylamine; any salt of substance falling within thisitem 1-Methyl-4-phenylpiperidine4-carboxylic acid, esters of; their salts Methylphenidate; its salts Methyprylone Metoclopramide; its salts Metolazone Metomidate hydrochloride Metopon; its salts; its esters and ethers; their salts Metoprolol tartrate Metyrapone Mexizetine hydrochloride Mianserine hydrochloride LAWS OF BRUNEI CAP. 114Oxycinchoninic acid; its derivatives; their salts; their esters Oxycodone; its salts; its esters; their salts Oxymorphone; its salts; its esters and ether; their salts Oxypertin; its salts Oxyphenbutazone Oxyphenonium bromide Oxytoxins, natural and synthetic Pancuronium; its salts Papaverine; its salts Paraldehyde Paramethadione Parathyroid gland Pargyline; its salts Pemoline; its salts Pempidine; its salts Penicillamine; its salts Pentazocine; its salts Penthinenate methobromide Pentolinium; its salts Perhexiline; its salts Pethidine; its salts Phenadoxone; its salts Phenazocine; its salts; its esters and ethers; their salts Phenyclidine; its salts Phendimetrazine Phenelzine; its salts Phenethylamine and derivatives Phenformin; its salts Phenmetrazine; its salts Phenol and its homologues and preparations containing 60 per cent or moreW/W phenol or its equivalent Phenomorphan; its salts; its esters and ethers; their salts Phenoperidine; its salts; its esters and ethers; their salts Phenothiazine, derivatives of; their salts; except dimethoxanate; its salts,and promethazine, its salts and its molecular compounds Phenoxybenzamine hydrochloride Phenoxypropazine; its salts Phenprocoumin Phensuximide Phentermine; its salts Phenylbutazone; its salts 2-Phenylcinchoninic acid; 2-salicylcinchoninic; their esters 5-Phenylhydantion; its alkyl and aryl derivatives; their salts 4-Phenylpiperidine-4-carboxylic acid ethyl ester; its salts Phenylpropanolamine hydrochloride LAWS OF BRUNEI CAP. 114Pyrazinamide; its salts Pyridostigmine bromide Quinethazone Quinidine; its salts Quinine; its salts Racemethorphan; its salts Racemorphan; its salts; its esters and ethers; their salts Rafoxanide Rauwolfia, alkaloids of; their salts; derivative of rauwolfia alkaloids; theirRazoxane Rimiteral; its salts Ritodrine hydrochloride Salbutamol; its salts Savin, oil of Selenium suphide Sodium fluorideSodium valproate Solapsone Sotalol; its salts Spironolactone Strophanthus; glycosides of strophanthus Styramate Sulphinpyrazone Sulphonal; alkyl sulphonals Sulpriride Suprarenal gland medulla, the active principles of; their salts Suxamethonium; its salts Syrosingopine Tacrin hydrochloride Tamoxifen; its salts Terbutaline; its salts Terabenazine; its salts Thalidomide; its salts Thallium; its salts Thebacon; its salts Thiambutozine Thiocarlide; its salts Thioguanine Thiopentane Thiotepa; its salts Thiothixene Thiouracil; its alkyl derivatives Thymoxamine hydrochloride Thryoid gland, the active principles of; their salts Tilidine Timolol; its salts Tofenacin; its salts LAWS OF BRUNEI CAP. 114Benzidine Carbofuran Chlorinated hydrocarbons, the following —Aldrin Banzoximate Benzene Hexachloride (BHC) (HCH) Bromocyclen Captafol Captan Chlorbenside Chlorbicyclen Chlordecone Chlordimeform Chlorfenson Chlorfensulphide Chlorobenzilate Chloromembuform Chloropropylate Diophane (DD T) PP’ DD T Dicofol Dieldrin Dienochlor Endosulfan Fenson Fluorbenzide Folpet Gamma benzene hexachloride (Gamma-BHC) HHDN Isodrin Kelevan Methoxychlor (methoxy-DD T) (1, 1, 1-trichloro-2, 2-di-(p-methoxyphe-nyl) ethane) TDE (Tetachlordiphenylethane) Tetradifon Tetrasul Toxaphene Allied chlorinated hydrocarbon compounds used as pesticides (insecti-cides, acaricides, etc.) Chlorinate phenols; their salts Chloropicrin Chlormequat Cyclohexamide LAWS OF BRUNEI CAP. 114bromophos-ethyl 2-chloro-1-(2, 4, 5-trichlorophenyl) vinyldimethyl phosphatediazinon dimethoate Penchlorphos fenitrothion fenthion malathion 0, 0, 0’ 0’ -tetramethyl 0, 0’ -thiodi-p-phenylene phosphorothioate pirimi-phos-methyl Potassium chlorate Potassium hydroxide Potassium perchlorate Sodium 4-(dimethylamino)Sodium chlorate Sodium hydroxide Sodium nitrite Sodium perchlorate Zinc phoshide