42Offences—automatic machines for supplying certain therapeutic goods

42 Offences—automatic machines for supplying certain therapeutic goods

42 Offences—automatic machines for supplying certain therapeutic goods

(1) A person must not, in premises under the person’s control or in or at another place—

(a) install an automatic machine for the supply of scheduled substances or therapeutic goods that do not contain a scheduled substance (applicable goods), or

(b) supply applicable goods using an automatic machine.

Maximum penalty—Tier 5 penalty.

(2) A person who occupies or controls premises is guilty of an offence if—

(a) an automatic machine for the supply of applicable goods is installed on the premises, or

(b) applicable goods are stored in an automatic machine installed on the premises, or

(c) applicable goods are supplied using an automatic machine.

Maximum penalty—Tier 5 penalty.

(3) Subsections (1) and (2) do not apply to the supply of applicable goods to or by an authorised practitioner for the treatment of a patient.

(4) The Health Secretary may, by order published in the Gazette, exempt a person or class of persons, or applicable goods or class of applicable goods, from the operation of subsection (1) or (2).

(5) An order under subsection (4) may be made with or without conditions.

(6) In this section—

automatic machine means a machine or mechanical device used, or capable of being used, for the purposes of supplying goods to members of the public without the personal manipulation or attention of the supplier or the supplier’s employee or other agent at the time of supply.