s 67A Defence to offence of contravening section 63(a) or (b): product not sold or supplied
(1) This section applies in a case where— (a) a person (“the defendant”) is charged with an offence under section 67(2) of contravening section 63(a) or (b) in respect of a medicinal product; and (b) the product is not sold or supplied in its adulterated state. (2) Where the defendant is charged with contravening section 63(a), it is a defence for the defendant to prove that— (a) the adulteration took place— (i) at a registered pharmacy, or (ii) in the course of the provision of a relevant pharmacy service; (b) the defendant— (i) was a registrant acting in the course of his or her profession, or (ii) was acting under the supervision of a person who was a registrant acting in the course of his or her profession; and (c) at the time of the alleged contravention, the defendant did not know that the product was being adulterated. (3) Where the defendant is charged with contravening section 63(b), it is a defence for the defendant to prove that— (a) the adulteration took place— (i) at a registered pharmacy, or (ii) in the course of the provision of a relevant pharmacy service; (b) the person who adulterated the product— (i) was a registrant acting in the course of his or her profession, or (ii) was acting under the supervision of a person who was a registrant acting in the course of his or her profession; and (c) at the time of the alleged contravention, the defendant did not know that the product had been adulterated.