Pharmaceuticals Act 2014: A Case Study
Question One
A. Michael believes that the Storage of Pharmaceuticals Act 2014 and the Storage of Pharmaceuticals Regulations 2014 do not apply to him. Is he correct? (3 marks)
Section 2 of the Storage of Pharmaceuticals Act 2014 (Vic) (‘the Act’) states that ‘the Act is to come into effect in accordance with relevant provisions in the jurisdiction’. According to Section 11(3) of the Interpretation on Legislation Act 1984 (Vic), the date of commencement is the same as the date of assent, in relation to the specific jurisdiction. The Act was assented on the 1 July 2014 therefore it would be in force as of then. The commencement date of the Storage of Pharmaceuticals Regulations 2014 (Vic) (‘the Regulations’) is 1 January 2014. Michael’s …show more content…
Section 45(1) of the ILA states ‘may’ implies discretion of the relevant authorities, here the court may support the police as to enact their powers under s 6 as they had reasonable belief that Michael stored pharmaceuticals in a manner which contravenes the provisions of the Act.
Section 6
If the Court were to decide that the police were able to exercise their powers under s 6 of the Act, they would have the power to ‘conduct a search of the premises’ (6(a)). Take a shoebox with the substance that they believe to be illegally stored (6(b)) and ask Michael he accompany them to the police station (6(c)).
Question Two
Bob now comes to you and wishes to know the answers to the following questions. To answer the questions below, you should also make use of the additional materials provided, when relevant:
A. Is Bob liable to keep records of the horse medicine and morphine in accordance with the Act? (8 marks)
a. Look at the ILA Section 38 – for the definition of documents
document includes, in addition to a document in writing— …(f) anything whatsoever on which is marked any words, figures, letters or symbols which are capable of carrying a definite meaning to persons conversant with them;
b. Section 2B
A. Michael believes that the Storage of Pharmaceuticals Act 2014 and the Storage of Pharmaceuticals Regulations 2014 do not apply to him. Is he correct? (3 marks)
Section 2 of the Storage of Pharmaceuticals Act 2014 (Vic) (‘the Act’) states that ‘the Act is to come into effect in accordance with relevant provisions in the jurisdiction’. According to Section 11(3) of the Interpretation on Legislation Act 1984 (Vic), the date of commencement is the same as the date of assent, in relation to the specific jurisdiction. The Act was assented on the 1 July 2014 therefore it would be in force as of then. The commencement date of the Storage of Pharmaceuticals Regulations 2014 (Vic) (‘the Regulations’) is 1 January 2014. Michael’s …show more content…
Section 45(1) of the ILA states ‘may’ implies discretion of the relevant authorities, here the court may support the police as to enact their powers under s 6 as they had reasonable belief that Michael stored pharmaceuticals in a manner which contravenes the provisions of the Act.
Section 6
If the Court were to decide that the police were able to exercise their powers under s 6 of the Act, they would have the power to ‘conduct a search of the premises’ (6(a)). Take a shoebox with the substance that they believe to be illegally stored (6(b)) and ask Michael he accompany them to the police station (6(c)).
Question Two
Bob now comes to you and wishes to know the answers to the following questions. To answer the questions below, you should also make use of the additional materials provided, when relevant:
A. Is Bob liable to keep records of the horse medicine and morphine in accordance with the Act? (8 marks)
a. Look at the ILA Section 38 – for the definition of documents
document includes, in addition to a document in writing— …(f) anything whatsoever on which is marked any words, figures, letters or symbols which are capable of carrying a definite meaning to persons conversant with them;
b. Section 2B