6. The principal Act is amended by inserting, immediately after section 10, the following sections:“Manufacture, supply, possession, import or export of equipment, materials or substances useful for manufacture of controlled drugs |
10A.—(1) Any person who —(a) | manufactures any controlled equipment, controlled materials or controlled substances; | (b) | supplies any controlled equipment, controlled materials or controlled substances to another person; | (c) | has in his possession any controlled equipment, controlled materials or controlled substances; or | (d) | imports or exports any controlled equipment, controlled materials or controlled substances, |
knowing or having reason to believe that the controlled equipment, controlled materials or controlled substances are to be used in or for the manufacture of a controlled drug in contravention of section 6 shall be guilty of an offence. |
(2) It shall not be a defence to a person who contravenes subsection (1)(d) in respect of any controlled equipment, controlled material or controlled substance to show that the equipment, material or substance is the subject of a licence, permit or any other form of authorisation issued or granted under any regulations made under section 10B. |
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Regulations on controlled substances |
10B.—(1) The Minister may by regulations make provisions for —(a) | the licensing, by such person or authority as may be prescribed, of persons who intend to import or export any controlled equipment, controlled materials or controlled substances; | (b) | the regulation and control of the import or export of any controlled equipment, controlled materials or controlled substances; | (c) | imposing requirements for the registration of premises used in connection with the import, export, manufacture, processing, storage, distribution or supply of any controlled equipment, controlled materials or controlled substances; | (d) | imposing requirements as to the documentation of transactions involving any controlled equipment, controlled materials or controlled substances; | (e) | requiring the keeping of records and the furnishing of information with respect to any controlled equipment, controlled materials or controlled substances; | (f) | the inspection and production of records kept pursuant to the regulations; and | (g) | the labelling of consignments of any controlled equipment, controlled materials or controlled substances. |
(2) Regulations made under subsection (1) may, in particular, require —(a) | the notification of the proposed exportation of any controlled equipment, controlled materials or controlled substances to such countries as may be specified in the regulations; and | (b) | the production, in such circumstances as may be specified, of evidence that the required notification has been given, |
and any such equipment, materials or substances shall be deemed to be exported contrary to a restriction for the time being in force with respect to the equipment, materials or substances under such regulations if they are exported without the requisite notice being given. |
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(3) Regulations made under this section may make different provisions in relation to different controlled equipment, controlled materials or controlled substances and in relation to different cases or circumstances. |
(4) Regulations made under this section may provide that any person who contravenes or fails to comply with any provision thereof shall be guilty of an offence and shall on conviction be punished with a fine not exceeding $10,000 or with imprisonment not exceeding 3 years or with both as may be specified in the regulations. |
(5) No information obtained pursuant to any regulations made under this section shall be disclosed except for the purposes of criminal proceedings or of proceedings under or in relation to the Drug Trafficking (Confiscation of Benefits) Act (Cap.84A).”. |
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