Health (Family Planning) Act, 1979
|
Control of importation of contraceptives. |
5.—(1) A person shall not import contraceptives into the State unless— | |
(a) they are part of his personal luggage accompanying him when he is entering the State and their quantity is not such as to indicate that they are not solely for his own use, or | ||
(b) he is, or is the servant or agent acting as such of, a person who holds a licence granted to him under this section and for the time being in force and the importation is in accordance with the licence. | ||
(2) (a) Subject to paragraph (b) of this subsection, the Minister may, on the application in writing of a person therefor and on payment of such fee as may be specified in regulations for the purposes of this subsection, grant to the person a licence authorising the importation of specified quantities of specified contraceptives if— | ||
(i) the Minister is satisfied that the contraceptives are required by the person for sale to persons specified in section 4 (1) (b) (i) of this Act, or | ||
(ii) the person is a person specified in the said section 4 (1) (b) (i). | ||
(b) The Minister may refuse to grant a licence under this section to a person who has been convicted of an offence under this Act or of another offence of such a character that, in the opinion of the Minister, it would be inappropriate that he should hold such a licence. | ||
(3) A licence under this section, if not previously revoked, shall continue in force for such period as the Minister determines and specifies in the licence. | ||
(4) (a) A licence under this section may contain such conditions (if any) as the Minister determines and specifies in the licence. | ||
(b) The Minister may at any time insert a condition into a licence under this section, delete a condition therefrom or amend a condition in the licence. | ||
(c) A person who holds a licence under this section shall comply with the conditions of the licence. | ||
(5) The Minister may revoke a licence under this section if he is satisfied that a condition of the licence is being or has been contravened or if the person to whom it was granted is convicted of an offence under this Act or of another offence of such a character that, in the opinion of the Minister, it is inappropriate that he should continue to hold such a licence. | ||
(6) Contraceptives, the importation of which is not authorised under this section, shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876 , and the provisions of that Act (as amended or extended by subsequent Acts) relating to the importation of prohibited goods shall apply accordingly. | ||
(7) A person who contravenes this section, or regulations for the purposes of this section, shall be guilty of an offence. |