Act No. 13, 2003
(b)
MEDICINES AND RELATED SUBSTANCES
CONTROL ACT, 2003
any other person to whom any quantity of a medicine or a scheduled
substance referred to in subsection (1) has been delivered or sent,
to dispose of that quantity in such manner, subject to regulations made under section
44(1)(w), as the Council may determine.
(3) A person may not sell a medicine or a scheduled substance, which is the
subject of a notice under subsection (1), unless the notice has been withdrawn by the
Council or set aside on appeal.
Appeal against decisions of Council
34. (1) A person who is aggrieved by a decision of the Council may appeal
in the manner, and within the period, prescribed, against that decision to the Minister.
(2) The Minister must appoint an appeal committee to hear an appeal lodged
under subsection (1), which appeal committee must consist of
(a)
a judge, or a legal practitioner who has practised as such for a period of at
least five years, and who must be the chairperson of the committee;
(b)
a pharmacologist or other person with special knowledge of the actions and
applications of medicines; and
(c)
if the appeal relates to
(i)
a medicine or a scheduled substance, other than a veterinary medicine
or a complementary medicine, a medical practitioner, who is registered
as a specialist in the country in which he or she is practising, and a
pharmacist;
(ii)
a veterinary medicine, a veterinarian and a pharmacist;
(iii) a complementary medicine, a practitioner of the relevant discipline;
and
(iv) a medical device or any other thing, which is subject to this Act, a
specialist or a technician, who has expert or special knowledge or
experience of that device or other thing.
(3) The Minister may not appoint a person as a member of an appeal committee,
if that person has a direct or indirect interest in the affairs of the appellant or the Council.
(4) The appeal committee must hear the appeal under subsection (1) on the
date, at the place and at the time determined by the appeal committee, and the appeal
committee must notify the appellant and the Council in writing prior to that date of such
date, place and time.
(5)
appeal
(a)
The appeal committee may, for the purposes of the determination of an
summon a person, who
(i)
may be able to give material information concerning the subject of
the appeal; or
(ii)
the appeal committee believes has in his or her possession or under
his or her control any document or thing, which may have a bearing
on the subject of the appeal,