PRECURSOR CHEMICALS ACT

ARRANGEMENT OF SECTIONS

Preliminary

   1   Short title

   2   Interpretation

 

PART I
Administration

   3   Functions of competent authority

PART II
Monitoring and Control of Specified Chemical Substances

   4   Monitoring and control of specified chemical substances

   5   Identification of specified chemical substances

 

PART III
Grant, Refusal, Suspension and Revocation of Licence or Permit and Appeals

   6   Application to engage in prescribed activity

   7   Application for permit to export or import specified chemical substance

   8   Grant or refusal of licence or permit

   9   Non-transferability and validity of licence or permit

   10   Grounds for refusal to grant licence or permit

   11   Restriction on grant of permits retrospectively

   12   Suspension of licence

   13   Revocation of licence or permit

   14   Appeals

 

PART IV
Registers

   15   Register to be kept by competent authority

   16   Records and register to be kept by holder of licence or permit

 

PART V
Commercial Documents and Security

   17   Notification of changes, etc

   18   Commercial documents

   19   Forwarding of import permit to exporter

   20   Endorsement and return of export permits following import

   21   Seizure and detention of improperly documented or undocumented consignments

   22   Storage and delivery following import

 

PART VI
Offences and Penalties

   23   Offence of unlawfully engaging in prescribed activity and unlawful trade in specified chemical substances

   24   Offence of unlawful possession of specified chemical substances

   25   Offence of using a postal service for transporting specified chemical substances

   26   Offence of making false or misleading statements, etc

   27   Offence in relation to supply or acquisition of specified chemical substances

   28   Offence of aiding and abetting commission of offence

   29   Offence of threatening, etc authorised officer

   30   Offence of failure to keep records and documents

   31   Presumption as to manufacturer or packager

   32   Presumptions relating to samples

   33   Offence by body corporate

 

PART VII
Enforcement

   34   Powers of entry, inspection and seizure

   35   Vehicles, etc may be seized and detained

   36   Arrest without warrant

   37   Arrest with warrant

 

PART VIII
General

   38   Power to limit stock

   39   Amendment of Schedules

   40   Regulations

      SCHEDULE

 

THE PRECURSOR CHEMICALS ACT

[Date of Commencement: 1st July, 2005]

Act 37 of 1999.

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Precursor Chemicals Act.

2   Interpretation

   (1) In this Act unless the context otherwise requires-

   "authorised officer" means-

   (a)   any officer employed to the Port Security Corps or the Customs Department;

   (b)   any member of the Jamaica Constabulary Force or the Jamaica Defence Force;

   (c)   any person-

         (i)   designated an Inspector under section 17 of the Food and Drugs Act;

         (ii)   authorised by general or special order under section 21(1) or (2) of the Dangerous Drugs Act;

   (d)   any person who is-

         (i)   a Fishery Inspector as defined in the Fishing Industry Act;

         (ii)   a Marine Officer as defined in the Exclusive Economic Zone Act and the Maritime Areas Act;

   (e)   any person appointed a marine park manager or designated a marine park ranger under the Natural Resources Conservation (Marine Parks) Regulations, 1992;

   (f)   any person or class of persons designated by the Minister as an authorised officer for purposes of this Act,

and any other person acting in aid of such person acting in the execution of his office or duty shall be deemed to be an officer acting in the execution of his office or duty;

   "central authority" means the National Firearm and Drug Intelligence Centre;

   "competent authority" means the Pharmaceutical Services Division of the Ministry of Health;

   "customs transit" means the procedure whereby a specified chemical substance is transported under customs control from one customs office to another within the same customs territory or as an interterritorial customs operation;

   "distribution" means the transfer of a specified chemical substance from one person to another;

   "export" with its grammatical variations and cognate expressions means to take or cause to be taken out of Jamaica or the waters thereof;

   "import" with its grammatical variations and cognate expressions means to bring into or cause to be brought within Jamaica or the waters thereof, otherwise than in transit or by trans-shipment;

   "in transit" includes any occasion on which any specified chemical substance remains on board an aircraft, ship or other form of transport;

   "Jamaica" includes the Exclusive Economic Zone established under section 3 of the Exclusive Economic Zone Act;

   "licensee" means the holder of a licence granted under this Act;

   "manufacture" means the processes whereby precursor chemicals and other chemical substances are obtained including the refining, formulating, preparing, mixing, compounding and transformation of such precursor chemicals and other chemical substances into other precursors or other products;

   "other chemical substances" include substances such as solvents, reagents or catalysts that, though not precursors, can be used in the production, manufacture or preparation of narcotic drugs, psychotropic substances or other substances having similar effects;

   "precursor chemical" means any substance which-

   (a)   can be used in any of the chemical processes involved in the production, manufacture or preparation of narcotic drugs, psychotropic substances or substances having a similar effect; and

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