Liability of registered pharmacist for allowing another to act in contravention of section 28, etc.
30.
—(1) A registered pharmacist who allows an unauthorised person to practise pharmacy in contravention of section 28 on any premises used by or under the control of that registered pharmacist shall be guilty of an offence.
(2) A registered pharmacist who, by his presence, countenance, advice, assistance or co-operation, has knowingly enabled an unauthorised person, whether described as an assistant or otherwise, to practise pharmacy in contravention of section 28 shall be guilty of an offence.
(3) It shall be a defence to a prosecution under subsection (1) or (2) if the defendant proves that —
(a)
the commission of the offence was due to a mistake on his part or to reliance on information supplied to him or to the act of another person or some other cause beyond his control; and
(b)
he took all reasonable precautions and exercised due diligence to prevent the commission of the offence.
(4) A registered pharmacist who practises pharmacy on any premises on which any unauthorised person practises pharmacy in contravention of section 28, knowing or having reason to believe that that person was practising pharmacy on those premises in contravention of section 28, shall be guilty of an offence.