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1 1934

DANGEROUS DRUGS ACT, 1934

PART II.

Raw Opium, Coca Leaves and Indian Hemp.

Substances to which Part II applies.

11. —This Part of this Act applies to the following substances, that is to say, raw opium, coca leaves, Indian hemp and resins obtained from Indian hemp and all preparations of which such resins form the base.

Restriction on importation of substances to which Part II applies.

12. —(1) It shall not be lawful for any person to import into Saorstát Eireann any substance to which this Part of this Act applies unless—

(a) such person is the holder of a permit (in this section referred to as an import permit) granted by the Minister under this section authorising him to import such substance, and

(b) such substance does not exceed in quantity the amount specified in such permit, and

(c) such substance is imported from the country specified in such permit, and

(d) such substance is imported through the port or place in Saorstát Eireann specified in such permit, and

(e) such substance is imported within the time specified in such permit, and

(f) such person complies with the conditions (if any) attached to such permit.

(2) The Minister may, if he so thinks fit, grant to any person an import permit to import any substance to which this Part of this Act applies.

(3) Every import permit in respect of a substance to which this Part of this Act applies shall—

(a) be in the prescribed form and contain the prescribed particulars, and

(b) operate and be expressed to authorise the holder of such permit to import into Saorstát Eireann from the country, through the port or place in Saorstát Eireann, and with in the time, specified in such permit the amount, specified in such permit, of such substance, but subject to such conditions (if any) as the Minister shall think proper to attach to such permit and shall specify therein.

(4) There shall be paid to the Minister in respect of every import permit such fee as the Minister, with the consent of the Minister for Finance, shall fix.

(5) If any person imports into Saorstát Eireann any substance to which this Part of this Act applies in contravention of this section such person shall be guilty of an offence under this Act and shall be punishable accordingly.

Restriction on export of substances to which Part II applies.

13. —(1) It shall not be lawful for any person to export from Saorstát Eireann any substance to which this Part of this Act applies unless—

(a) such person is the holder of a permit (in this section referred to as an export permit) authorising such person to export such substance, and

(b) such substance does not exceed in quantity the amount specified in such permit, and

(c) such substance is consigned to the country specified in such permit, and

(d) such substance is exported from the port or place specified in such permit, and

(e) such substance is exported within the time specified in such permit, and

(f) such person complies with the conditions (if any) attached to such permit.

(2) The Minister may, if he so thinks fit, grant to any person, who complies with the prescribed conditions, an export permit to export any substance to which this Part of this Act applies.

(3) Every export permit in respect of a substance to which this Part of this Act applies shall—

(a) be in the prescribed form and contain the prescribed particulars, and

(b) operate and be expressed to authorise the holder of such permit to export from the port or place in Saorstát Eireann, to the country, and within the time, specified in such permit, the amount, specified in such permit, of such substance, but subject to such conditions (if any) as the Minister may think fit to attach to such permit and may specify therein.

(4) There shall be paid to the Minister in respect of every export permit such fee as the Minister, with the consent of the Minister for Finance, shall fix.

(5) If any person exports any substance to which this Part of this Act applies in contravention of this section, or brings any such substance to a quay or other place for the purpose of being exported in contravention of this section, or of being waterborne to be so exported, such person shall be guilty of an offence under this Act and shall be punishable accordingly.

Production of and dealing in substances to which Part II applies.

14. —(1) The Minister may by order make regulations under this section for controlling or restricting the production, possession, sale and distribution of any substances to which this Part of this Act applies, and in particular, without prejudice to the generality of the foregoing power, for prohibiting the production, possession, sale and distribution of any substances to which this Part of this Act applies except by persons licensed or otherwise authorised in that behalf in pursuance of this section.

(2) For the purposes of this section the Minister may grant licences and authorities for such periods and on such terms and subject to such conditions as he may think proper.

(3) There shall be paid to the Minister on the grant of every licence under this section such fee as the Minister, with the consent of the Minister for Finance, may fix.

(4) Every person—

(a) who acts in contravention of, or fails to comply with any regulation made under this section; or

(b) who acts in contravention of, or fails to comply with, the conditions of any licence or authority granted under or in pursuance of this section;

shall be guilty of an offence under this Act and shall be punishable accordingly.