Section 34
Section 34
(1)
His Majesty the Sultan and Yang Di-Pertuan in Council* may make regulations —
(a)
providing for the issue of licences for the importation, exportation, sale, manufacture, production or distribution of controlled drugs;
(b)
prescribing the form, duration and terms and conditions of any licence and the fees payable therefor, and providing for the cancellation and suspension thereof;
(c)
authorising the sale or possession or other dealing in controlled drugs and prescribing the circumstances and conditions under which the persons by whom controlled drugs may be sold, had in possession or otherwise dealt in;
(d)
requiring medical practitioners, dentists, pharmacists, veterinary surgeons and other persons who deal in controlled drugs as may be authorised by regulations made under this Act to keep records and make returns;
(e)
requiring any medical practitioner who attends a person who he considers or has reasonable grounds to suspect is addicted to any controlled drug to furnish to the prescribed authority such particulars with respect to that person as may be prescribed;
(f)
prohibiting any medical practitioner from administering, supplying and authorising the administration and supply to person addicted to controlled drugs, and from prescribing for such persons, such drugs;
(g)
as to the packaging and labelling of controlled drugs;
* Transferred to the Minister with the approval of His Majesty the Sultan and Yang Di-Pertuan — [S 27/1987]
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(h)
regulating the transport of controlled drugs and the methods to be used for destroying or otherwise disposing of such drugs when no longer required;
(i)
requiring precautions to be taken for the safe custody of controlled drugs;
(j)
providing for the inspection of any precautions taken or records kept in pursuance of any regulations made under this section;
(k)
providing for the treatment and rehabilitation of persons affected by the misuse of controlled drugs;
(ka)
providing for the management, maintenance and inspection of approved institution;
(kb)
appointment of Advisory Committee for approved institution, prescribing the functions and procedure of Advisory
Committee;
(kc)
providing for the control, disciplined (including the imposition of corporal punishment), occupation of residents and for the granting of leave to residents for the purpose of their employment outside an approved institution;
[S 36/1987; S 20/1992; S 12/2010]
(kd)
prescribing the appointment and duties of officers of approved institution;
(ke)
providing for the supervision and aftercare of persons referred to in section 33(2)(a), or who have undergo treatment or rehabilitation at an approved institution or who have been convicted of an offence under section 6(b);
[S 36/1987; S 20/1992]
(l)
prescribing the punishment by fine not exceeding $10,000, imprisonment for a term not exceeding 4 years or both to be imposed on the conviction for a breach of any regulations;
(m)
prescribing anything that may be prescribed; and
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(n)
generally for carrying out the purposes and provisions of this Act.
(2)
Regulations made by His Majesty the Sultan and Yang
Di-Pertuan in Council* under this section may —
(a)
make different provisions in relation to different controlled drugs, different classes of persons or different cases or circumstances;
(b)
make the opinion, consent or approval of a prescribed authority or authorised person material for the purposes of any provision;
(c)
provide for the constitution and procedure of a tribunal to advise His Majesty the Sultan and Yang Di-Pertuan in Council* in any case of contravention of this Act or the regulations made thereunder by any medical practitioner, dentist, pharmacist, veterinary surgeon or other authorised person; and
(d)
include such provisions as His Majesty the Sultan and Yang
Di-Pertuan in Council* thinks fit for the purpose of affecting the transition from any provision made by or by virtue of the repealed
Dangerous Drugs Enactment, 1956 (Enactment No. 14 of 1956) to any provision made by or by virtue of this Act.
(3)
An inspector appointed pursuant to any regulation made by His
Majesty the Sultan and Yang Di-Pertuan in Council* under this section shall be deemed to be a public servant for the purposes of the Penal Code
(Chapter 22).
* Transferred to the Minister with the approval of His Majesty the Sultan and Yang Di-Pertuan — [S 27/1987]
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Power of His Majesty the Sultan and Yang Di-Pertuan in Council* to amend First and Third Schedules. [S 59/2007]