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MISUSE OF DRUGS ACT (CHAPTER 27) MISUSE OF DRUGS REGULATIONS

MISUSE OF DRUGS ACT

(CHAPTER 27)

MISUSE OF DRUGS REGULATIONS

S 100/78

Amended by

S 36/98

REVISED EDITION 2001

(1st October 2001)

SUBSIDIARY LEGISLATION

ARRANGEMENT OF REGULATIONS

Regulation

PART I

PRELIMINARY

1. Citation.

2. Interpretation.

PART II

EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT

3. Exceptions for drugs in the First Schedule.

4. Licences to manufacture etc. controlled drugs.

5. General authority to possess etc. controlled drugs.

6. Administration of drugs in the First, Second and ThirdSchedules.

7. Manufacture and supply of drugs in the First and SecondSchedules.

8. Manufacture and supply of drugs in the Third Schedule.

9. Possession of drugs in the Second and Third Schedules.

PART III

REQUIREMENTS AS TO DOCUMENTATION AND RECORD KEEPING

10. Documents to be obtained by supplier of controlled drugs.

11. Form of prescriptions.

12. Provisions as to supply on prescription.

13. Marking of bottles and other containers.

14. Keeping of registers.

15. Requirements as to registers.

16. Record-keeping requirements in the case of a ship.

17. Preservation of registers, books and other documents.

18. Preservation of records relating to drugs in the FirstSchedule.

PART IV

MISCELLANEOUS

19. Treatment of drug addicts.

20. Storage of controlled drugs.

21. Appointment of inspectors.

22. Inspector may purchase sample.

23. Inspection of weights and measures.

24. Penalties for supplying false information.

25. Making a false document.

26. False declaration.

27. General penalty.

28. Destruction of controlled drugs.

29. Withdrawal of authorisation.

30. Import of controlled drugs.

31. Export of controlled drugs.

32. Transitional provisions.

FIRST SCHEDULE CONTROLLED DRUGS EXCEPTED FROM THE PROHIBITION ON IMPORTATION, EXPORTATION AND POSSESSION AND SUBJECT TO THE REQUIREMENTS OF REGULATION 18.

SECOND SCHEDULE CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 10, 11, 12, 13, 14, 15, 16 AND 28.

THIRD SCHEDULE CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 10, 11, 12 AND 13.

FOURTH SCHEDULE CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 10, 11, 12, 13, 14, 15 AND 28. FIFTH SCHEDULE FORM OF REGISTER.

SIXTH SCHEDULE IMPORT AND EXPORT LICENCE FORMS.

_____________________________

SUBSIDIARY LEGISLATION

Regulations under section 34

MISUSE OF DRUGS REGULATIONS

Commencement: 1st July 1978

PART I

PRELIMINARY

Citation.

1. These Regulations may be cited as the Misuse of DrugsRegulations.

Interpretation.

2. (1) In these Regulations, unless the context otherwise requires—

“the Act” means the Misuse of Drugs Act;

“analyst” has the meaning assigned to that expression by subsection (2) of section 14 of the Act;

“hospital” includes a clinic, outpatient dispensary, nursing homeor other medical institution;

“inspector” means an inspector appointed by His Majesty the Sultan and Yang Di-Pertuan in Council under regulation 21;

“nurse” means a person registered as a nurse under the provisionsof any written law for the time being in force relating to the registration ofnurses;

“practitioner” means a medical practitioner, dentist orveterinary surgeon;

“prescription” means a prescription issued by a medicalpractitioner for the medical treatment of a single individual, by a dentist forthe dental treatment of a single individual or by a veterinary surgeon for thepurposes of animal treatment;

“register” means a bound book and does not include any form ofloose leaf register or card index;

“ship’s surgeon” means a medical practitioner or any otherduly qualified ship’s surgeon for the time being carried in any ship aspart of her complement.

(2) In these Regulations any reference to a regulation or Schedule shall be construed as a reference to a regulation contained in these Regulations or, as the case may be, to a Schedule thereto; and any reference in a regulation or Schedule to a paragraph shall be construed as a reference to a paragraph of that regulation or Schedule.

PART II

EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT

Exceptions for drugs in the First Schedule.

3. Sections 5 and 6 of the Act (which prohibit the importation, exportation and possession of controlled drugs) shall not haveeffect in relation to the controlled drugs specified in the First Schedule.

Licences to manufacture etc. controlled drugs.

4. Where any person is authorised by a licence issued by theMinister under this regulation and for the time being in force to import orexport, manufacture, supply, offer to supply or have in his possession anycontrolled drug, it shall not be unlawful for that person to import or export,manufacture, supply, offer to supply or have in his possession that drug inaccordance with the terms of the licence and in compliance with the conditionsattached to the licence.

General authority to possess etc. controlled drugs.

5. (1) Any of the following persons may, notwithstanding theprovisions of section 6 of the Act, have any controlled drug in his possession,that is to say —

(a) an officer or analyst when acting in the course of his duty andin the exercise of his powers under the Act;

(b) a person engaged in the business of a carrier when acting inthe course of that business;

(c) a person engaged in the work of any laboratory to which the drughas been sent for forensic examination when acting in the course of his duty asa person so engaged;

(d) a person engaged in conveying the drug to a person authorised by these Regulations to have it in his possession.

(2) Notwithstanding the provisions of sections 3, 4 and 6 of the Act andsubject only to the provisions of regulation 29 any medical or dental officer ofBrunei Darussalam or visiting force is hereby authorised, when acting in thecourse of his duty and so far as may be necessary for the practice or exercise of his profession, function or employment, to manufacture,possess, prescribe, administer or supply any controlled drug; and any member ofBrunei Darussalam or visiting force may, so far as may be necessary for theperformance of his duties and if authorised in writing in that behalf by amedical or dental officer of the same force, possess, supply or administer anysuch drug.

(3) For the purposes of the foregoing paragraph —

“Brunei Darussalam force” means any armed force of His Majestyand includes any body, contingent or detachment of any such force.

“dental officer of a British force” means a dental officer of aBritish force who is resident in Brunei Darussalam on full pay while serving insuch force or attached to any Brunei Darussalam force; and

“medical officer of a British force” means a medical officer of aBritish force who is resident in Brunei Darussalam on full pay while serving insuch force or attached to any Brunei Darussalam force;

“visiting force” means any visiting forces lawfully present in Brunei Darussalam;

Administration of drugs in the First, Second and Third Schedules.

6. (1) Any person may administer to another any drug specified in theFirst Schedule.

(2) A medical practitioner or dentist may administer to a patient any drugspecified in the Second or Third Schedule.

(3) Any person other than a medical practitioner or dentist may administerto a patient, in accordance with the directions of a medical practitioner ordentist, any drug specified in the Second or Third Schedule.

Manufacture and supply of drugs in the First and Second Schedules.

7. (1) Notwithstanding the provisions of section 4 of the Act—

(a) a practitioner or pharmacist, acting in his capacity as such, may manufacture or compound any drug specified in theFirst or Second Schedule;

(b) a person lawfully conducting a retail pharmacy business andacting in his capacity as such may, at the premises at which he carried on that business, manufacture or compound any drug specified in theFirst or Second Schedule.

(2) Notwithstanding the provisions of section 3 of the Act any of thefollowing persons, that is to say —

(a) a practitioner;

(b) a pharmacist;

(c) a person lawfully conducting a retail pharmacy business;

(d) in the case of such a drug supplied to such a nurse by a personresponsible for the dispensing and supply of medicines at a hospital, the nursefor the time being in charge of a ward, theatre or other department in thathospital;

(e) a dispenser employed or engaged in dispensing medicines on thedirections of a practitioner at a public hospital or other publicinstitution;

(f) a person in charge of a dispensary approved by His Majesty inCouncil and acting on the direction of a practitioner;

(g) a person who is in charge of a laboratory the recognisedactivities of which consist in, or include, the conduct of scientific educationor research and which is attached to a university or to any other institutionapproved for the purpose by the Minister;

(h) an analyst;

(i) an inspector,

may, when acting in his capacity as such, supply or offer to supply any drug specified in the First or Second Schedule to any person who may lawfully have that drug in his possession: Provided that nothing in this paragraph shall authorise a nurse for the time being in charge of a ward, theatre or other department to supply any drug otherwise than for administration to a patient in that ward, theatre or department in accordance with the directions of a medical practitioner or dentist.

(3) Notwithstanding the provisions of section 3 of the Act the master of aship which does not carry a ship’s surgeon may supply or offer to supplyany drug specified in the First or Second Schedule —

(a) to any member of the crew; or

(b) to any person who may lawfully supply that drug.

Manufacture and supply of drugs in the Third Schedule.

8. (1) Notwithstanding the provisions of section 4 of the Act—

(a) a practitioner or pharmacist, acting in his capacity as such, may manufacture or compound any drug specified in theThird Schedule;

(b) a person lawfully conducting a retail pharmacy business andacting in his capacity as such may, at the premises at which he carries on that business, manufacture or compound any drug specified in theThird Schedule.

(2) Notwithstanding the provisions of section 3 of the Act, any of thefollowing persons, that is to say —

(a) a practitioner;

(b) a pharmacist;

(c) a person lawfully conducting a retail pharmacy business;

(d) in the case of such a drug supplied to such a nurse by a personresponsible for the dispensing and supply of medicines at a hospital, the nursefor the time being in charge of a ward, theatre or other department in thathospital;

(e) a dispenser employed or engaged in dispensing medicines on thedirections of a practitioner at a public hospital or other publicinstitution;

(f) a person in charge of a dispensary approved by His Majesty inCouncil and acting on the directions of a practitioner;

(g) a person who is in charge of a laboratory the recognisedactivities of which consist in, or include, the conduct of scientific educationor research and which is attached to a university or to any other institutionapproved for the purpose by the Minister;

(h) an analyst;

(i) an inspector,

may, when acting in his capacity as such, supply or offer to supply any drug specified in the Third Schedule to any person who may lawfully have that drug in his possession:

Provided that nothing in this paragraph shall authorise a nurse for the timebeing in charge of a ward, theatre or other department to supply any drug otherwise than for administration to a patient in that ward, theatre or department in accordance with the directions of a medicalpractitioner or dentist.

(3) Notwithstanding the provisions of section 3 of the Act the master of aship which does not carry a ship’s surgeon may supply or offer to supplyany drug specified in the Third Schedule —

(a) to any member of the crew; or

(b) to any person who may lawfully supply that drug.

Possession of drugs in the Second and Third Schedules.

9. (1) Notwithstanding the provisions of section 6 of the Act—

(a) a person specified in paragraph (2) of regulation 7 may have in his possession any drug specified in the Second Schedule;

(b) a person specified in paragraph (2) of regulation 8 may have in his possession any drug specified in the Third Schedule,

for the purpose of acting in his capacity as such.

(2) Notwithstanding the provisions of section 6 of the Act a person may havein his possession any drug specified in the Second or Third Schedule for administration for medical, dental or veterinary purposes in accordancewith the directions of a practitioner:

Provided that this paragraph shall not have effect in the case of a person towhom the drug has been supplied by or on the prescription of a medicalpractitioner if —

(a) that person was then being supplied with any controlled drug byor on the prescription of another medical practitioner and failed to disclosethat fact to the first mentioned medical practitioner before the supply by himor on his prescription; or

(b) that or any other person on his behalf made a declaration orstatement, which was false in any particular, for the purpose of obtaining the supply or prescription.

(3) Notwithstanding the provisions of section 6 of the Act —

(a) the master of a ship registered or licensed in BruneiDarussalam which does not carry a ship’s surgeon, may have in hispossession any drug specified in the Second or Third Schedule so far asnecessary for the purpose of compliance with the requirements of any written lawfor the time being in force relating to merchant shipping.

(b) the master of a foreign ship which is in port may have in hispossession any drug specified in the Second or Third Schedule so far as necessary for the equipment of the ship.

PART III

REQUIREMENTS AS TO DOCUMENTATION AND RECORD KEEPING

Documents to be obtained by supplier of controlled drugs.

10. (1) Where a person (hereinafter in this paragraph referred to as “the supplier”), not being a practitioner or a pharmacist supplies a controlled drug otherwise than on a prescription, the supplier shall not deliver the drug to a person who purports to be sent by or on behalf of the person to whom it is supplied (hereinafter in this paragraph referred to as “the recipient”) and claim to be authorised under paragraph (1) (d) of regulation 5 to have that drug in his possession, unless that person produces to the supplier a statement in writing signed by the recipient to the effect he is empowered by the recipient to receive that drug on behalf of the recipient, and the supplier is reasonably satisfied that the document is a genuine document.

(2) Where a person (hereinafter in this paragraph referred to as “the supplier”) supplies a controlled drug, otherwise than on aprescription or by way of administration, to any of the persons specified inparagraph (4), the supplier shall not deliver the drug.

(a) until he has obtained a requisition in writing which—

(i) is signed by the person to whom the drug is supplied (hereinafter inthis paragraph referred to as “the recipient”);

(ii) states the name, address and profession or occupation of therecipient;

(iii) specifies the purpose for which the drug supplied is required and thetotal quantity to be supplied; and

(iv) where appropriate, satisfies the requirements of paragraph (5);

(b) unless he is reasonably satisfied that the signature is that ofthe person purporting to have signed the requisition and that person isengaged in the profession or occupation specified in the requisition:

Provided that where the recipient is a practitioner or ship’s surgeon and he represents that he urgently requires a controlled drug for the purpose of his profession, the supplier may, if he is reasonably satisfied that the recipient so requires the drug and is, by reason of some emergency, unable before delivery to furnish to the supplier a requisition in writing duly signed, deliver the drug to the recipient on an undertaking by the recipient to furnish such a requisition within the 24 hours next following.

(3) A person who has given such undertaking as aforesaid shall deliver tothe person by whom the controlled drug was supplied a signed requisition inaccordance with the undertaking.

(4) The persons referred to in paragraph (2) are —

(a) a practitioner;

(b) a person who is in charge of a laboratory the recognisedactivities of which consist in, or include, the conduct of scientific educationor research and which is attached to a university or to any other institutionapproved for the purpose by the Minister;

(c) the master of a ship in port in Brunei Darussalam which does notcarry ship’s surgeon;

(d) the ship’s surgeon of a ship in port in BruneiDarussalam.

(5) A requisition furnished for the purposes of paragraph (2) shall, wherefurnished by the master of a ship or by a ship’s surgeon not being amedical practitioner, contain a statement signed by the port health officer thatthe quantity of the drug to be supplied is the quantity necessary for theequipment of the ship.

(6) Where the person responsible for the dispensing and supply of medicinesat any hospital supplies a controlled drug to the nurse for the time being incharge of any ward, theatre or other department in that hospital (hereinafter inthis paragraph referred to as “the recipient”) he shall —

(a) obtain a requisition in writing, signed by the recipient, whichspecifies the total quantity of the drug to be supplied; and

(b) mark the requisition in such manner as to show that it has beencomplied with,

and any requisition obtained for the purpose of this paragraph shall beretained in the dispensary at which the drug was supplied and a copy of therequisition or a note of it shall be retained or kept by the recipient.

(7) Nothing in this regulation shall have effect in relation to the drugsspecified in the First Schedule.

Form of prescriptions.

11. (1) Subject to the provisions of this regulation, a person shallnot issue a prescription containing a controlled drug other than a drugspecified in the First Schedule unless the prescription complies with thefollowing requirements, that is to say, it shall —

(a) be in ink or otherwise so as to be indelible and be signed bythe person issuing it with usual signature and dated by him;

(b) insofar as it specifies the information required bysub-paragraph (d) , (f) and

(g) to be specified, be written by the person issuing it in his ownhand-writing;

(c) have written thereon, if issued by a dentist, the words “fordental treatment only” and, if issued by a veterinary surgeon, the words,“for animal treatment only”;

(d) specify the name and address of the person for whose treatmentit is issued or, if it is issued by a veterinary surgeon, of the person to whomthe controlled drug prescribed is to be delivered;

(e) specify the name and address of the person issuing theprescription;

(f) specify the dose to be taken and —

(i) in the case of a prescription containing a controlled drug which is apreparation, the form and, where appropriate, the strength of the preparation,and either the total quantity (in both words and figures) of the preparation orthe number (in both words and figures) of dosage units, as appropriate, to besupplied;

(ii) in any other case, the total quantity (in both words and figures) ofthe controlled drug to be supplied;

(g) in the case of a prescription for a total quantity intended tobe dispensed by instalments, contain a direction specifying the amount of theinstalments of the total amount which may be dispensed and the intervals to beobserved when dispensing.

(2) In the case of a prescription issued for the treatment of a patient in ahospital, it shall be a sufficient compliance with subparagraph (d) ofparagraph (l) if the prescription is written on the patient’s bed card orcase sheet.

Provisions as to supply on prescription.

12. (1) A person shall not supply a controlled drug other than a drug specified in the First Schedule on a prescription —

(a) unless the prescription complies with the provisions ofregulation 11;

(b) unless the address specified in the prescription as the addressof the person issuing it is an address within Brunei Darussalam;

(c) unless he either is acquainted with the signature of the person bywhom it purports to be issued and has no reason to suppose that it is notgenuine, or has taken reasonably sufficient steps to satisfy himself that it isgenuine;

(d) before the date specified in the prescription;

(e) later than 30 days after the date specified in theprescription.

(2) A person dispensing a prescription containing a controlled drug otherthan a drug specified in the First Schedule shall, at the time of dispensing it,mark thereon the date on which it is dispensed and shall retain it on thepremises on which it was dispensed.

Marking of bottles and other containers.

13. (1) Subject to paragraph (2), no person shall supply a controlleddrug otherwise than in a bottle, package or other container which is plainlymarked —

(a) in the case of a controlled drug other than a preparation, withthe amount of the drug contained therein;

(b) in the case of a controlled drug which is a preparation—

(i) made up into tablets, capsules or other dosage units, with the amountof each component (being controlled drug) of the preparation in each dosage unitand the number of dosage units in the bottle, package or other container;

(ii) not made up as aforesaid, with the total amount of the preparation inthe bottle, package or other container and the percentage of each of itscomponents which is a controlled drug.

(2) Nothing in this regulation shall have effect in relation to the drugsspecified in the First Schedule or in relation to the supply of a controlleddrug by or on the prescription of a practitioner.

Keeping of registers.

14. (1) Every person authorised by or under these Regulations tosupply any drug specified in the Second or Fourth Schedule shall comply with thefollowing requirements, that is to say —

(a) he shall, in accordance with the provisions of this regulation and of regulation 15, keep a register and shall enter therein inchronological sequence in the form specified in Part I or II of the FifthSchedule, as the case may require, particulars of every quantity of a drugspecified in the Second or Fourth Schedule obtained by him and of every quantityof such a drug supplied (whether by way of administration or otherwise) by himwhether to persons within or outside Brunei Darussalam;

(b) he shall use a separate register or separate part of the register for entries made in respect of each class of drugs, and each of the drugs specified in paragraphs 1, 3 and 6 of the Second Schedule and paragraphs 1 and 3 of the Fourth Schedule together with its salts and any preparation or other product containing it or any of its salt shall be treated as a separate class, so however that any stereoisomeric form of a drug or its salt shall be classed with that drug.

(2) Nothing in paragraph (1) shall be taken as preventing the use of aseparate section within a register or separate part of a register in respect ofdifferent drugs or strengths of drugs comprised within the class of drugs towhich that register or separate part relates.

Requirements as to registers.

15. Any person required to keep a register under regulation 14 shallcomply with the following requirements, that is to say —

(a) the class of drugs to which the entries on any page of any suchregister relate shall be specified at the head of that page;

(b) every entry required to be made under regulation 14 in such aregister shall be made on the day on which the drug is obtained or, as the casemay be, on which the transaction in respect of the supply of the drug by theperson required to make the entry takes place or, if that is not reasonablypracticable, on the day next following that day;

(c) no cancellation, obliteration or alteration of any such entryshall be made, and a correction of such on entry shall be made only by way ofmarginal note or footnote which shall specify the date on which the correctionis made;

(d) every such entry and every correction of such an entry shall bemade in ink or otherwise so as to be indelible;

(e) such a register shall not be used for any purpose other than forthe purposes of these Regulations;

(f) the person so required to keep such a register shall on demandmade by any person authorised in writing by the Minister in that behalf—

(i) furnish such particulars as may be requested in respect of the obtaining or supplying by him of any drug specified in the Second or FourthSchedule or in respect of any stock of such drugs in his possession;

(ii) for the purpose of confirming any such particulars, produce any stockof such drugs in his possession;

(iii) produce the said register and such other books or documents in hispossession relating to any dealings in drugs specified in the Second, Third orFourth Schedule as may be requested.

(g) a separate register shall be kept in respect of each premisesat which the person required to keep the register carries on his business oroccupation, but subject to that not more than one register shall be kept at onetime in respect of each class of drug in respect of which he is required to keepa separate register, so, however, that a separate register may, with theapproval of the Minister, be kept in respect of each department of the businesscarried on by him;

(h) every such register in which entries are currently being madeshall be kept at the premises to which it relates.

Record keeping requirements in the case of a ship.

16. Where a drug specified in the Second Schedule is suppliedin accordance with paragraph (3) of regulation 7 to a member of the crew of aship, an entry in any official log book required to be kept under any writtenlaw for the time being in force relating to merchant shipping of the country ofregistration of such ship or, in the case of a ship which is not required tocarry such an official log book, a report signed by the master of the ship,shall, notwithstanding anything in these Regulations, be a sufficient record ofthe supply if the entry or report specifies the drug supplied and, in the caseof a report, it is delivered as soon as may be to the port health officer.

Preservation of registers, books and other documents.

17. (1) All registers and books kept in pursuance of regulation 14 or 16 shall be preserved for a period of 3 years from thedate on which the last entry therein is made.

(2) Every requisition, order or prescription, on which a controlled drug issupplied in pursuance of these Regulation, shall be preserved for a period of 3years from the date on which the last delivery under it was made.

Preservation of records relating to drugs in the First Schedule.

18. (1) A manufacturer of any drug specified in the First Scheduleand a dealer in any such drug shall keep every invoice or other like recordissued in respect of each quantity of such a drug obtained by him and in respectof each quantity of such drug supplied by him.

(2) Every document kept in pursuance of this regulation shall be preservedfor a period of 3 years from the date on which it is issued:

Provided that the keeping of a copy of the document made at any time duringthe said period of 3 years shall be treated for the purposes of this paragraphas if it were the keeping of the original document.

PART IV

MISCELLANEOUS

Treatment of drug addicts.

19. A medical practitioner who attends a person who he considers, orhas reasonable grounds to suspect, is a drug addict shall within 7 days of theattendance furnish to both the Director of Medical Services and the Commissionerof Police the following particulars of that person —

(a) Name;

(b) Identity Card No.;

(c) Sex;

(d) Age;

(e) Address;

(f) the drug to which the person is believed to be addicted.

Storage of controlled drugs.

20. (1) All stocks of controlled drugs except those specified in theFirst Schedule shall be kept under lock and key in the dispensary or in anyother premises under the control of a pharmacist or of the person authorised to supply controlled drugs by or under these Regulations. Thekeys shall at all times be in the personal possession of the pharmacist or ofsuch authorised person.

(2) Stocks of controlled drugs for use in a ward, theatre or a department ofa hospital shall be under the control of the nurse in charge of that ward ordepartment. The keys shall at all times be in the personal possession of thenurse.

(3) Any person who fails to comply with the requirements of this regulationshall be guilty of an offence: Penalty, a fine of $2,000.

Appointment of inspectors.

21. (1) His Majesty in Council may appoint such person as he thinksfit by name or office to be inspectors for the purpose of these Regulations.

(2) An inspector may at all reasonable times enter upon any premises inwhich he reasonably believes controlled drugs are kept or stored and may withsuch assistance as he considers necessary inspect stocks of controlled drugsheld in such premises, take abstracts of and take possession of records anddocuments relating to purchases, sales and supply of controlled drugs from thepremises.

Inspector may purchase sample.

22. (1) An inspector may purchase any article advertised for sale oroffered or exposed for sale, which he knows or has reason to believe to consistof or contain any controlled drug, and the person in possession or charge ofthat article shall supply that article to him and shall not charge more than theadvertised or a reasonable price therefor.

(2) An inspector making any such purchase may select the actual case, bottleor package which he requires, or may demand to be served from any receptaclepointed out by him, and the person in possession or charge shall comply withsuch requirement or demand.

(3) An inspector purchasing any article with the intention of submittingthat article to analysis shall immediately on completion of the purchase—

(a) notify the seller of his agent selling the article hisintention to have the same analysed;

(b) divide the same into 3 parts;

(c) mark and seal or fasten up each one of the parts in such manner asits nature will permit;

(d) deliver one of the parts to the seller or his agent and anotherto an analyst for analysis; and

(e) retain the third part for comparison.

(4) Any person who without reasonable excuse contravenes the provisions of paragraph (1) or (2) shall be guilty of an offence: Penalty, afine of $2,000.

Inspection of weights and measures.

23. (1) Any inspector may at all reasonable times inspect allweights, measures and instruments for weighing used by or in the possession ofany person for use for weighing a controlled drug.

(2) Any person who on demand made by an inspector neglects or refuses toproduce for inspection any such weights, measures or instruments for weighingused by him or in his possession, or on his premises, of refuses to permit theinspector to examine or remove for examination the same, shall be guilty of anoffence: Penalty, a fine of $500 and in the case of a second or subsequentoffence a fine of $1,000.

Penalties for supplying false information.

24. (1) Any person who wilfully supplies false information as to anyparticulars required to be entered in any register under these Regulations shallbe guilty of an offence: Penalty, a fine of $10,000 and imprisonment for 2years.

(2) Any person who enters in any register required to be kept under these Regulations false information as to any particulars prescribed to be entered knowing the same to be false or not believing it to be true shall be guilty of an offence: Penalty, a fine of $10,000 and imprisonment for 2 years.

Making a false document.

25. Any person who makes a false document for the purpose of obtainingany controlled drug from any authorised person and any person who uses asgenuine such a false document knowing or having reason to believe it to be falseshall be guilty of an offence: Penalty, a fine of $10,000 and imprisonment for 2years.

False declaration.

26. Any person who for the purpose of obtaining, whether for himselfor for any other person, the issue, grant or renewal of any licence under theprovisions of these Regulations, makes any declaration or statement which isfalse in any material particular, or knowingly utters, produces, or makes use of any such declaration or statement or any document containing thesame, shall be guilty of an offence: Penalty, a fine $10,000 and imprisonmentfor 2 years.

General penalty.

27. Every person who contravenes or fails to comply with any of theprovisions of these Regulation shall be guilty of an offence and shall, unlessotherwise specifically provided for, be liable to a fine of $5,000 and toimprisonment for one year.

Destruction of controlled drugs.

28. (1) No person who is required by any provision of, or by any termor condition of a licence having effect under, these Regulations to keep records with respect to a drug specified in the Second or Fourth Scheduleshall destroy such a drug or cause such a drug to be destroyed except in thepresence of and in accordance with any directions given by an inspector or suchother person as the Minister may authorise.

(2) Where a drug is destroyed in pursuance of paragraph (1) by or at theinstance of a person who is required by any provision of, or by any term orcondition of a licence having effect under, these Regulations to keep a recordin respect of the obtaining or supply of that drug, that record shall include particulars of the date of destruction and the quantitydestroyed and shall be signed by the inspector or authorised person in whosepresence the drug is destroyed.

(3) Where the master of a ship or a ship’s surgeon has in hispossession a drug specified in the Second and Third Schedules which he no longerrequires, he shall not destroy the drug or cause it to be destroyed but shalldispose of it to the port health officer or to an inspector.

Withdrawal of authorisation.

29. (1) Where a practitioner, ship’s surgeon, pharmacist, dispenser specified in paragraph (2) (e) of regulations 7 and 8 or a person specified in paragraph (2) (f) of regulations 7 and 8 —

(a) has been convicted of an offence under the Act or under theseRegulations;

or

(b) has been prescribing, administering or supplying a controlleddrug in a manner which appears to His Majesty in Council irresponsible,

His Majesty in Council may, by order, direct that such practitioner, ship’s surgeon, pharmacist, dispenser or person shall cease to have any authority under Part II to manufacture, possess,prescribe, administer or supply controlled drugs and such order shall haveeffect notwithstanding anything to the contrary in these Regulations.

(2) For the purposes of the foregoing paragraph the expression“practitioner” shall be deemed to include a medical or dentalofficer specified in paragraph (2) of regulation 5.

Import of controlled drug.

30. (1) The Minister may issue a licence, in the form specified inForm A in the Sixth Schedule, to any person (hereinafter referred to as“the importer”) authorising the importer to import any controlleddrug into Brunei Darussalam, by one consignment only, subject to the conditionscontained in Form A and subject to such other conditions as the Minister shalldeem fit.

(2) Such a licence shall be issued in triplicate to the importer who shallsend the original and one copy thereof to the consignor of the controlled drugnamed in the licence.

Export of controlled drug.

31. (1) Upon production of an import authorisation or an approval ofimport certificate duly issued to a person (hereinafter called “theexporter”) by the competent authority in any country (hereinafter referred to as “the importing country”), the Minister may issue a licence, in the form specified in Form B in the Sixth Schedule, to theexporter authorising him to export any controlled drug specified in such licencefrom Brunei Darussalam to a consignee in the importing country, subject to theconditions contained in Form B and subject to such other conditions as theMinister shall deem fit.

(2) Such licence shall be prepared in triplicate and the Minister shall sendone copy thereof to the appropriate authority of the importing country and shallissue the original and the other copy thereof to the exporter who shall sendsuch other copy with the controlled drug to which it refers when such controlleddrug is exported and shall comply with any appropriate condition regarding themanner of such sending contained in such licence.

(3) In this and the foregoing regulation the expression “Minister” means the Minister or such other officer as the Minister may authorise in writing to perform any function of the Minister under any provision of one or other or both of such regulations or under any condition of any licence issued under any such provision; and the Minister may under this paragraph authorise more than one such other officer to perform the same function and may authorise different officers to perform different functions:

Provided that the Minister may perform any function conferred upon him by any provision of one or other or both of such regulations or under anycondition of any licence issued under any such provision notwithstanding theconferring hereunder by him upon some other officer of any authority to exercisesuch function.

Transitional provisions.

32. (1) Any licence or authorisation issued under the Dangerous Drugs Enactment, 1956 (Enactment No. 14 of 1956) or the regulations made thereunder and in force immediately before the repeal of that Act or the revocation of those regulations shall continue in force for the same period of time as if that Act or those regulations had not been respectively repealed or revoked.

(2) Any register, record, book, prescription or other document required to be preserved under the Dangerous Drugs Enactment, 1956 (EnactmentNo. 14 of 1956) or the regulations made thereunder shall be preserved for thesame period from the date of issue as if the Act or regulations had not beenrepealed or revoked.

FIRST SCHEDULE

regulations 3, 6, 7, 10, 11, 12, 13 and 18

CONTROLLED DRUGS EXCEPTED FROM THE PROHIBITION ON IMPORTATION, EXPORTATION AND POSSESSION AND SUBJECT TO THE REQUIREMENTS OF REGULATION 18

1. (1) Any preparation of one or more of the substances to which thisparagraph applies, not being a preparation designed for administration byinjection, when compounded with one or more other active or inert ingredientsand containing a total of not more than 100 milligrammes of the substance orsubstances (calculated as base) per dosage unit with a total concentration ofnot more than 2.5 % (calculated as base) in undivided preparations.

(2) The substances to which this paragraph applies are acetyldihydrocodeine, codeine, dextropropoxyphene, dihydrocodeine,ethylmorphine, nicocodine, nicodicodine (6- nicotinoyldihydrocodeine),norcodeine, pholcodine and their respective salts.

[S 36/98]

2. Any preparation of cocaine containing not more than 0.1% of cocainecalculated as cocaine base, being a preparation compounded with one or more other active or inert ingredients in such a way that the cocaine cannotbe recovered by readily applicable means or in a yield which would constitute arisk to health.

3. Any preparation of medicinal opium or of morphine containing (in either case) not more than 0.2% of morphine calculated as anhydrous morphine base, being a preparation compounded with one or more other active or inert ingredients in such a way that the opium or, as the case may be, the morphine, cannot be recovered by readily applicable means or in a yield which would constitute a risk to health.

4. Any preparation of diphenoxylate containing, per dosage unit, notmore than 2.5 milligrammes of diphenoxylate calculated as base, and a quantityof atropine sulphate equivalent to at least 1% of the dose of diphenoxylate.

5. Any powder of ipecacuanha and opium comprising —

10% opium, in powder;

10% ipecacuanha root, in powder, well mixed with;

80% of any other powdered ingredient containing no controlled drug.

6. Any mixture containing one or more of the preparations specified in paragraphs 1 to 5, being a mixture of which none of the other ingredients is a controlled drug.

SECOND SCHEDULE

[S 36/98]

regulations 6, 7, 9, 14, 16 and 28

CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 10, 11, 12, 13, 14, 15, 16 AND 28

1. The following substances and products, namely —Acetorphine

Alfentanil

Allylprodine

Alphacetymethadol

Alphameprodine

Alphamethadol

Alphaprodine

Anileridine

Benzethidine

Benzylmorphine (3-benzylmorphine)

Betacetylmethadol

Betameprodine

Betamethadol

Betaprodine

Bezitramide

Clonitazene

Cocaine

Codixime

Desomorphine

Dextromoramide

Diamorphine

Diampromide

Diethylthiambutene

Dihydrocodeinone O-carboxymethyloxime

Dihydromorphine

Dimenoxadole

Dimepheptanol

Dimethylthiambutene

Dioxaphetyl butyrate

Diphenoxylate

Dipipanone

Dretebanol

Ecgonine, and any derivative of ecgonine which is convertible to ecgonine orto cocaine

Ethylmethylthiambutene

Etonitazene

Etorphine

Etoxeridine

Fentanyl

Furethidine

Hydrocodone

Hydromorphinol

Hydromorphine

Hydroxypethidine

Isomethadone

Ketobemidone

Levomethorphan

Levomoramide

Levorphanol

Levophenacylmorphan

Medicinal opium

Metazocine

Methadone

Methadyl acetate

Methyldesorphine

Methyldihydromorphine (6-methyldihydromorphine)

Metopon

Morpheridine

Morphine

Morphine methobromide, morphine N-oxide and other pentavalent nitrogenmorphine derivatives

Myrophine

Nicomorphine

Noracymethadol

Norlevorphanol

Normethadone

Normorphine

Norpipanone

Oxycodone

Oxymorphone

Pethidine

Phenadoxone

Phenampromide

Phenazocine

Phenomorphan

Phenoperidine

Piminodine

Piritramide

Proheptazine

Properidine

Racemethorphan

Racemoramide

Racemorphan

Thebacon

Thebaine

Trimeperidine

4-Cyano-2-dimethylamino-4, 4-diphenylbutane

4-Cyano-1-methyl-4-phenylpiperidine

1-Methyl-4-phenylpiperidine-4-carboxylic acid

2-Methyl-3-morpholino-1, 1-diphenylpropanecarboxylic acid

4-phenylpiperidine-4-carboxylic acid ethyl ester.

2. Any stereoisomeric form of a substance specified in paragraph 1 not being dextromethorphan or dextrophan.

3. Any ester or ether of a substance specified in paragraph 1 or 2,not being a substance specified in paragraph 6.

4. Any salt of a substance specified in paragraph 1, 2 or 3.

5. Any preparation or other product containing a substance or productspecified in paragraph 1, 2, 3 or 4 not being a preparation specified in theFirst Schedule.

6. The following substances and products, namely —

Acetyldihydrocodeine

Amphetamine

Codeine

Dexamphetamine

Dextropropoxyphene

Dihydrocodeine

Ethylmorphine (3-ethylmorphine)

Methaqualone

Methylamphetamine

Methylphenidate

Nicocodine

Nicodicodine (6-nicotinoyldidrocodeine)

Norcodeine

Phenmetrazine

Pholcodine

Propiram.

7. Any stereoisomeric form of a substance specified in paragraph6.

8. Any salt of a substance specified in paragraph 6 or 7.

9. Any preparation or other product containing a substance or productspecified in paragraph 6, 7 or 8, not being a preparation specified in the FirstSchedule.

THIRD SCHEDULE

regulations 6, 8 and 9

CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 10, 11, 12 AND13

1. The following substances, namely —

Benzphetamine

Chlorphentermine

Mephentermine

Phendimetrazine

Pipradrol.

2. Any stereoisomeric form of a substance specified in paragraph1.

3. Any salt of a substance specified in paragraph 1 or 2.

4. Any preparation or other product containing a substance specified in paragraph 1, 2 or 3, not being a preparation specified in the First Schedule.

FOURTH SCHEDULE

[S 36/98]

regulations 14 and 28

CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 10, 11, 12,13, 14, 15 AND 28

1. The following substances and products, namely —

Bufotenine

Cannabinol

Cannabinol derivatives

Cannabis and cannabis resin

Cathinone

Coca leaf

Concentrate of poppy-straw

Lysergamide

Lysergide and other N-alkyl derivatives of lysergamide

Mescaline Raw opium

Psilocin

N, N-Diethyltryptamine

N, N-Dimethyltryptamine

2, 5-Dimethoxy-a, 4-dimethylphenethylamine

2, 5-Dimethoxyamphetamine Dimethoxybromoamphetamine (DOB) Eticyclidine

Methadone intermediate

Methylenedioxyamphetamine (MDA)

Moramide intermediate

Paramethoxyamphetamine (PMA)

Pethidine intermediate A

Pethidine intermediate B

Pethidine intermediate C

Rolicyclidine of PHP or PCPY

Tenocyclidine or PCP or its salts.

2. Any stereoisomeric form of a substance specified in paragraph1.

3. Any ester or ether of a substance specified in paragraph 1 or2.

4. Any salt of a substance specified in paragraph 1 or 2.

5. Any preparation or other product containing a substance or productspecified in paragraph 1, 2, 3 or 4, not being a preparation specified in theFirst Schedule.

FIFTH SCHEDULE

FORM OF REGISTER

regulation 14

PART I

ENTRIES TO BE MADE IN CASE OF OBTAINING

PART II

ENTRIES TO BE MADE IN CASE OF SUPPLY

SIXTH SCHEDULE

FORM A

BRUNEI DARUSSALAM

MISUSE OF DRUGS REGULATIONS

(regulation 30)

IMPORT LICENCE

(Licence No. ................................................:Applicant’s Reference No. ................................: File No...............................)

Strike out words not applicable.

Pursuant to regulation 30 of the Misuse of Drugs Regulations the

___________________________

Minister
undersigned officer duly authorised in that behalf by the Minister pursuant to regulation 31(3) of the above-mentioned Regulations

hereby authorises

Here insert name and full postal address of importer.

(hereinafter called “the importer”)

to import into Brunei Darussalam, by one consignment only, the controlleddrugs specified in the Schedule hereto from

Here insert name and address of firm in exporting country from whichcontrolled drug is to be obtained.

This Licence is issued subject to the following conditions —

1. The consignment shall be imported before the.................................................... (date)

2. This Licence is not a licence to be in possession of or to supplythe controlled drugs imported.

3. The consignment shall be imported by the importer and this Licenceis valid only for the importer and may be revoked at any time by the Minister oran officer duly authorised by him in that behalf to whom it shall in that eventbe immediately surrendered. This Licence shall be produced for inspection whenrequired by any duly authorised person.

4. The consignment shall be imported through the Customs Office at ..............................

5. This Licence does not relieve the importer from compliance withprovisions of (a) the Customs Act (Chapter 36) or any regulations madethereunder, or (b) any other written law relating to the importation ofgoods into or transhipment of goods in Brunei Darussalam, or (c) the PostOffice Act (Chapter 52) or any regulations made thereunder.

6. The consignment shall follow the route........................................................................

Strike out words not applicable.

7. The consignment, ........ shall not be / may be ......imported by the post.

8. At the time when the consignment of controlled drugs is imported this Licence shall, unless sooner revoked and surrendered, be produced to the Customs Officer who shall complete the certificate on the back hereof and return this Licence to the Minister or an officer duly authorised by him in that behalf.

9. If the importation of the consignment is not effected before thedate specified in condition No.1 this Licence shall immediately after that datebe surrendered to the Minister or an officer duly authorised by him in thatbehalf.

10. The copy of the Export Authorisation, if any, which accompaniesthe consignment shall be forwarded to the Minister or an officer duly authorisedby him in that behalf immediately the importation of the consignment has beeneffected.

11. Subject to the provisions of regulation 30(2) of the Misuse ofDrugs Regulations the importer shall retain possession of this Licence until hesurrenders it to the Minister or an officer duly authorised by him in thatbehalf or the Customs Officer in compliance with the conditions hereincontained.

Additional Conditions (if any) —

I hereby certify that I am satisfied that the consignment proposed to beimported under the authority of this Licence is required —

(a) for legitimate purposes (in the case of raw opium and the cocaleaf and cannabis);

(b) solely for medical or scientific purposes (in the case of anyother controlled drug).

Strike out words not applicable.

Date:

.....................................................

(Signature and Stamp)

NOTE: This Licence is issued in triplicate and regulation 30(2) of the Misuse of Drugs Regulations requires the importer to send the original and one copy thereof to the consignor of the controlled drugs named in the Licence.

SCHEDULE

(Specify the controlled drugs and quantities thereof to be imported)

ENDORSEMENT BY CUSTOMS OFFICER AT THE TIME OF IMPORTATION

When the consignment to which it relates has been imported this Licence must be returned by the Customs Officer to the Minister or an officer duly authorised by him in that behalf.

FORM B

BRUNEI DARUSSALAM

MISUSE OF DRUGS REGULATIONS

(regulation 31)

EXPORT LICENCE

(Licence No. ........................................................:Applicant’s Reference No. .......................:

File No. .............................)

Strike out words not applicable.

Pursuant to regulation 31of the Misuse of Drugs Regulations the

 

__________________

Minister

undersigned officer duly authorised in that behalf by the Minister pursuant to regulation 31(3) of the above-mentioned Regulations.

Here insert name, address and business of exporter.

hereby authorises

Here name the port, airport or other place of export in BruneiDarussalam.

(hereinafter called “the exporter”) to export the controlled drugs specified in the Schedule hereto from................................................................................................................................

Here name ship, air freighter, postal service or other means ofexport.

by..............................................................................................................................................

Here insert name and address of consignee in importing country.

to ............................................................................................................................................... by virtue of Import Authorisation/Import Certificate No. ................... dated ............................ and issued by.....................................

This Licence is issued subject to the following conditions —

1. This Licence is not a Licence to obtain or be in possession of thecontrolled drugs specified in the Schedule hereto.

2. This Licence is available only for the controlled drugs of theexact quantity, kind and form specified in the Schedule hereto.

3. This Licence does not relieve the exporter from compliance with theprovisions of (a) the Customs Act (Chapter 36) or any regulations madethereunder, or (b) any other written law for the time being relating tothe exportation of goods from Brunei Darussalam, or (c) the Post OfficeAct (Chapter 52) or any regulations respecting the transmission of articles bypost which may for the time being be in force outside Brunei Darussalam.

4. Subject to conditions No. 5 and No. 6 and subject to any AdditionalConditions below the copy of this Licence attached hereto shall accompany theconsignment to the place of destination in accordance with the requirements ofregulation 31(2) of the Misuse of Drugs Regulations.

5. If the controlled drugs are authorised to be exported by ship theexporter shall cause the copy of this Licence which is attached hereto to bedelivered to the master of the ship by which the consignment is despatched for the purpose of ensuring that such copy accompanies the consignment tothe place of destination. (See foot note (2)).

6. If the controlled drugs are authorised to be exported by post theattached copy of this Licence shall be placed inside the outer wrapper of theparcel containing the controlled drugs. If the controlled drugs are contained inmore than one parcel the attached copy shall be placed inside the outer wrapperof one of them; the parcels shall be consecutively numbered on the outerwrapper, and on each parcel there shall be legibly stated the number of theparcel in which the above-mentioned copy of this Licence is to be found. (Seefoot note (3)).

7. The exporter, if so required by the Controller of Customs, shallproduce to him, within such time as he may allow proof to his satisfaction thatthe said controlled drugs were duly delivered at the destination named in thisLicence, and in the event of non-compliance with this condition this Licenceshall be deemed void and of no effect.

8. The exporter shall furnish to the Minister or to an officer dulyauthorised by him in that behalf such returns of the goods exported by him inpursuance of this Licence as may from time to time be required.

9. This Licence is valid only for the exporter named above and may berevoked at any time by the Minister or an officer duly authorised by him in thatbehalf. It shall be produced for inspection when required by any duly authorisedperson.

10. This Licence, unless sooner revoked, shall continue in force for 3 calendar months from the date hereof.

Strike out words not applicable.

11. This Licence must be produced, at the time of export, to an officer of the ..... Customs Department/Post Office ...... who will retain it.

12. If this Licence is not used it shall be surrendered to theMinister or an officer duly authorised by him in that behalf within 7 days ofthe date of its expiry.

Additional Conditions (if any) —

Strike out words not applicable.

Date:
................................

(Signature and Stamp)

SCHEDULE

(Specify the controlled drugs and quantities thereof to be exported)

NOTE:

(1) If any alteration to this Licence is required it must be returned with arequest for amendment and a statement of the reasons therefor. No unauthorisedalteration is permissible.

(2) Failure to comply with Condition No. 5 may lead to delay or confiscationof the consignment by the competent authority in any country through which itpasses or in the country of destination.

(3) Failure to comply with Condition No. 6 may lead to delay or confiscationof the consignment in the country of destination.


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