{"id":"sr:drugs-poisons-and-controlled-substances-regulations-2017","name":"Drugs, Poisons and Controlled Substances Regulations 2017","slug":"drugs-poisons-and-controlled-substances-regulations-2017","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183644,"registerId":"vic-sr:drugs-poisons-and-controlled-substances-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"54","sectionType":"section","heading":"Sale or supply of Schedule 4 poison or Schedule 8 poison in accordance with hospital medication chart 100","content":"54 Sale or supply of Schedule 4 poison or Schedule 8 poison in accordance with hospital medication chart 100\n\n","sortOrder":0},{"sectionNumber":"55","sectionType":"section","heading":"Sale or supply of Schedule 4 poison in accordance with residential medication chart 101","content":"55 Sale or supply of Schedule 4 poison in accordance with residential medication chart 101\n\n55A Sale or supply of Schedule 8 poison in accordance with residential medication chart that is an electronic medication chart 101\n\n","sortOrder":1},{"sectionNumber":"56","sectionType":"section","heading":"Sale or supply of Schedule 4 poison by pharmacist in emergency 102","content":"56 Sale or supply of Schedule 4 poison by pharmacist in emergency 102\n\n","sortOrder":2},{"sectionNumber":"57","sectionType":"section","heading":"Sale or supply of Schedule 4 poison by pharmacist for continuity of treatment 103","content":"57 Sale or supply of Schedule 4 poison by pharmacist for continuity of treatment 103\n\n57A Sale or supply of Schedule 4 poison by pharmacist for treatment of a person under the pharmacist's care without prescription or other instruction or authorisation 103\n\n58 Poison not to be sold or supplied unless supplementary labelling requirements complied with 104\n\nDivision 2—Duties of pharmacist relating to sale or supply 105\n\n59 Division does not authorise supply on copy of prescription 105\n\n60 Pharmacist must mark prescription 106\n\n61 Pharmacist must mark hospital medication chart after supplying Schedule 4 or 8 poison on chart instruction 106\n\n62 Pharmacist must mark residential medication chart after supplying Schedule 4 or 8 poison on chart instruction 107\n\n63 Pharmacist must retain prescription for Schedule 8 poison when supplying without verifying the prescriber 107\n\n64 Pharmacist must retain or further mark prescriptions for Schedule 8 poisons 108\n\n65 Pharmacist must retain or further mark prescriptions for Schedule 9 poisons 108\n\n66 Manner of retention of prescriptions retained after last supply is made 109\n\n67 Pharmacist must produce prescriptions kept under Commonwealth Regulations 109\n\n68 Pharmacist must notify prescriber if prescription departed from 110\n\n69 Notification of fraudulent obtaining of poison 110\n\n70 Pharmacist must notify different authorised prescribers of similar supply of certain Schedule 4 or 8 poisons 110\n\n71 Pharmacist must notify different authorised prescribers of similar supply—Schedule 9 poisons 111\n\nPart 7—Labelling and storage 113\n\nDivision 1—Labelling 113\n\n72 Supplementary labelling requirements 113\n\nDivision 2—Storage 114\n\n73 General security requirement—Schedule 4 poisons 114\n\n74 Storage of Schedule 8 and 9 poisons and drugs of dependence 117\n\n75 Storage requirements for aged care providers and other authorised persons 121\n\n76 Additional security provisions required in certain circumstances 122\n\nPart 8—Authorising administration 124\n\n77 Persons who may authorise administration 124\n\n78 Authorising administration of Schedule 4, 8 or 9 poison—registered medical practitioner 124\n\n78A Authorising administration of Schedule 8 MDMA or Schedule 8 psilocybine—authorised psychedelic psychiatrist and certain registered medical practitioners 125\n\n79 Authorising administration of Schedule 4, 8 or 9 poison—dentist 127\n\n80 Authorising administration of Schedule 4 or 8 poison—nurse practitioner 128\n\n81 Authorising administration of Schedule 4 or 8 poison—authorised midwife 129\n\n82 Authorising administration of Schedule 4 poison—authorised optometrist 130\n\n83 Authorising administration of Schedule 4 poison—authorised podiatrist 130\n\n84 How registered medical practitioner or dentist must authorise administration of Schedule 4, 8 or 9 poison—written authorisation 131\n\n84A How registered medical practitioner or dentist must authorise administration of Schedule 4, 8 or 9 poison—verbal authorisation in emergency 132\n\n85 How nurse practitioner or authorised midwife must authorise administration of Schedule 4 or 8 poison—written authorisation 133\n\n85A How nurse practitioner or authorised midwife must authorise administration of Schedule 4 or 8 poison—verbal instruction in emergency 133\n\n86 How authorised optometrist or authorised podiatrist must authorise administration of Schedule 4 poison—written authorisation 134\n\n86A How authorised optometrist or authorised podiatrist must authorise administration of Schedule 4 poison—verbal instruction in emergency 135\n\nPart 9—Administration by practitioners other than pharmacists 136\n\n87 Part not to apply to self-administration 136\n\n88 Administration of Schedule 4, 8 or 9 poison—registered medical practitioner 136\n\n89 Administration of Schedule 4, 8 or 9 poison—dentist 137\n\n90 Administration of Schedule 4, 8 or 9 poison—veterinary practitioner 138\n\n91 Administration of Schedule 4, 8 or 9 poison—nurse practitioner 139\n\n92 Administration of Schedule 4, 8 or 9 poison—authorised registered nurse 141\n\n92A Administration of Schedule 4, 8 or 9 poison—approved registered nurse 142\n\n93 Administration of Schedule 4, 8 or 9 poison—authorised midwife 144\n\n93A Administration of Schedule 4, 8 or 9 poison—approved registered midwife 145\n\n94 Administration of Schedule 4 poison—authorised optometrist 147\n\n95 Administration of Schedule 4 poison—authorised podiatrist 148\n\n96 Administration of Schedule 4 poison—nurse or registered midwife 149\n\n97 Administration of Schedule 8 poison—nurse or registered midwife 150\n\n98 Administration of Schedule 9 poison—nurse or registered midwife 151\n\n98A Administration of Schedule 8 MDMA or Schedule 8 psilocybine—authorised psychedelic psychiatrists and certain registered medical practitioners 153\n\n98B Administration of Schedule 8 MDMA or Schedule 8 psilocybine—nurse or nurse practitioner 155\n\n98C Administration of Schedule 4 poison—registered Aboriginal and Torres Strait Islander health practitioner 156\n\n98D Administration of Schedule 8 poison—registered Aboriginal and Torres Strait Islander health practitioner 157\n\nPart 10—Administration by pharmacists 158\n\n99 Administration of Schedule 4 poison by pharmacist 158\n\n99A Circumstances in which pharmacist may administer Schedule 4 poison to a person without instruction 159\n\n99B Circumstances in which pharmacist may administer Schedule 4 poison for treatment of a person under the pharmacist's care without prescription or other instruction or authorisation 159\n\n100 Administration of Schedule 8 poison by pharmacist 160\n\n101 Administration of Schedule 9 poison by pharmacist 160\n\nPart 11—Administration by persons other than pharmacists and other practitioners 162\n\n102 Part not to apply to pharmacists and other practitioners 162\n\n103 Person must not administer Schedule 4, 8 or 9 poison to another person except as specified 162\n\n104 Person must not administer Schedule 4, 8 or 9 poison to an animal except as specified 164\n\nPart 12—Self-administration 165\n\n105 Person must not self-administer Schedule 4, 8 or 9 poison except as specified 165\n\nPart 13—Records 169\n\n106 Definition of transaction 169\n\n107 Persons required to keep records 169\n\n108 Details to be contained in records 170\n\n109 Methods by which records are to be retained and retrieved 174\n\n110 Exception for aged care services 175\n\n111 Accurate records to be kept 176\n\n112 Discrepancies in records to be investigated 176\n\n113 Lost or stolen records to be reported 176\n\nPart 14—Destruction of Schedule 8 poisons and Schedule 9 poisons 177\n\n114 Wilful destruction prohibited 177\n\n115 Exceptions 177\n\nPart 15—Cultivation of narcotic plants 182\n\n116 Authority to cultivate narcotic plants for non-therapeutic uses 182\n\n117 Authority to possess narcotic plant 182\n\nPart 16—Warrants for ovulatory stimulants, prostaglandins, retinoids and thalidomide 184\n\n118 Application of Part 184\n\n119 Certain practitioners not to deal with substance 184\n\n120 Dealing with substance—registered medical practitioner 185\n\n121 Dealing with substance—nurse practitioner 186\n\n121A Dealing with substance—authorised registered nurse 187\n\n121B Dealing with substance—approved registered nurse 187\n\n122 Dealing with substance—authorised midwife 188\n\n122A Dealing with substance—approved registered midwife 188\n\n123 Effect of direction given to registered medical practitioner 189\n\n124 Effect of direction given to nurse practitioner 189\n\n125 Warrant number to be included in any prescription 190\n\nPart 17—Use of premises—drugs of dependence 191\n\n126 Authority to permit use of premises—owners and occupiers 191\n\nPart 18—Forms 193\n\n128 Form of application for Schedule 9 permit 193\n\n129 Form of application for Schedule 8 permit 193\n\n130 Form of Schedule 9 permit 193\n\n131 Form of Schedule 8 permit 193\n\nPart 19—Miscellaneous 194\n\n132 Disclosure of drug use within previous 8 weeks required 194\n\nPart 20—Monitored poisons database 196\n\n132A Data source entity 196\n\n132B Monitored poison 196\n\n132C Monitored supply poison 196\n\n132D Pharmacist to provide certain supply information to prescription exchange service 196\n\n132E Records and information to be provided to the monitored poisons database 197\n\n132F Circumstances where it is not mandatory for pharmacist to check monitored poisons database—certain classes of person 199\n\n132G Circumstances where it is not mandatory to check monitored poisons database—certain classes of person 199\n\n132H Circumstances where it is not mandatory to check monitored poisons database—incurable medical condition 200\n\n132I Circumstances where it is not mandatory to check monitored poisons database—drug-checking services 201\n\nChapter 3—Schedule 2, 3 and 7 poisons 202\n\nPart 1—Schedule 2 poisons 202\n\n133 Boat captain authorised to obtain or possess Schedule 2 poison 202\n\n133AA Holder of non-emergency patient transport service licence or first aid service licence authorised to obtain and possess Schedule 2 poison 202\n\n133A Possession of a Schedule 2 poison by an approved registered nurse or approved registered midwife 202\n\n133B Restrictions on dealing with Schedule 2 poison—approved registered nurse 203\n\n133C Restrictions on dealing with Schedule 2 poison—approved registered midwife 203\n\n133CA Possession of a Schedule 2 poison by a registered Aboriginal and Torres Strait Islander health practitioner 204\n\n133CB Restrictions on dealing with Schedule 2 poison—registered Aboriginal and Torres Strait Islander health practitioner 205\n\n133CC Possession of a Schedule 2 poison by an Aboriginal and Torres Strait Islander health worker 206\n\n133CD Restrictions on dealing with Schedule 2 poison—Aboriginal and Torres Strait Islander health worker 207\n\n","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Schedule 3 poisons 208","content":"Part 2—Schedule 3 poisons 208\n\n","sortOrder":4},{"sectionNumber":"133D","sectionType":"section","heading":"Possession of a Schedule 3 poison by an approved registered nurse or approved registered midwife 208","content":"133D Possession of a Schedule 3 poison by an approved registered nurse or approved registered midwife 208\n\n133E Holder of non-emergency patient transport service licence or first aid service licence authorised to obtain and possess Schedule 3 poison 208\n\n133F Possession and supply of Schedule 3 naloxone by approved naloxone provider 208\n\n133G Possession and supply of Schedule 3 naloxone by approved naloxone worker 210\n\n133H Possession and supply of Schedule 3 naloxone by person to whom it is supplied by approved naloxone worker 210\n\n133I Possession of Schedule 3 poison by registered Aboriginal and Torres Strait Islander health practitioner 210\n\n133J Possession of Schedule 3 poison by Aboriginal and Torres Strait Islander health worker 211\n\n134 Restrictions on dealing with Schedule 3 poison—registered medical practitioner 212\n\n135 Restrictions on dealing with Schedule 3 poison—veterinary practitioner 212\n\n136 Restrictions on dealing with Schedule 3 poison—dentist 213\n\n137 Restrictions on dealing with Schedule 3 poison—nurse practitioner 214\n\n137A Sale, supply or administration of Schedule 3 poison—authorised registered nurse 214\n\n137B Sale, supply or administration of Schedule 3 poison—approved registered nurse 215\n\n138 Restrictions on dealing with Schedule 3 poison—authorised midwife 216\n\n138A Sale, supply or administration of Schedule 3 poison—approved registered midwife 216\n\n139 Restrictions on dealing with Schedule 3 poison—authorised optometrist 217\n\n140 Restrictions on dealing with Schedule 3 poison—authorised podiatrist 218\n\n141 Restrictions on dealing with Schedule 3 poison—pharmacist 218\n\n141A Supply or administration of Schedule 3 poison—registered Aboriginal and Torres Strait Islander health practitioner 219\n\n141B Administration of Schedule 3 poison—Aboriginal and Torres Strait Islander health worker 220\n\n143 Restrictions on storage and display 221\n\n144 Requirements to supply—delivery, supervision and directions for use 221\n\n145 Requirements to supply—label identifying supplier 223\n\n146 Administration, prescription, sale or supply prohibited if to support drug dependency 224\n\n147 Notification of fraudulent obtaining of order or prescription 224\n\nPart 3—Schedule 7 poisons 226\n\n148 Controls concerning listed regulated poisons 226\n\n149 Licences, permits or warrants required for special Schedule 7 substances 226\n\nChapter 3A—Medically supervised injecting centre 227\n\n149A Prescribed injecting centre drugs 227\n\n149B Permitted quantity of injecting centre drugs 227\n\n149C Internal management protocols 227\n\nChapter 3B—Drug-checking services 229\n\n149D Interpretation 229\n\n149E Prescribed requirements for drug‑checking directors 229\n\n149F Prescribed qualifications for special drug‑checking workers 229\n\n149G Conditions of drug-checking permit—record-keeping 230\n\n149H Storage of substances 232\n\n149I Additional security provisions required in certain circumstances 234\n\n149J Destruction of drug-checking substances 236\n\n149K Fit and proper person consultation 236\n\n149L Secretary must allow time for Chief Commissioner of Police to give advice 237\n\n149M Matters the Secretary must consider before issuing drug-checking permit 237\n\n149N Fit and proper person requirements 238\n\nChapter 4—Miscellaneous matters 240\n\nPart 1—General requirements 240\n\n150 Poisons to be sold by wholesale and retail in original unopened packs 240\n\n151 Transfer of poisons to inappropriate containers prohibited 240\n\n152 Lost or stolen substances to be notified—practitioners and certain workers 241\n\n153 Lost or stolen poisons to be notified—other persons 242\n\n154 Access to certain poisons restricted to a needs basis 243\n\n155 Form of seizure notice under section 43(1) of the Act 243\n\n156 Form of complaint notice against a seizure under section 43(2) of the Act 243\n\nPart 2—Licences and permits issued under the Act 244\n\n157 Licence to sell or supply Schedule 2 poisons by retail 244\n\n158 Fees 244\n\nPart 3—Other matters 245\n\nDivision 1—Approval of matters by Minister 245\n\n159 Minister may approve Schedule 4 poison for supply by pharmacist without prescription 245\n\nDivision 2—Approval of matters by Secretary 245\n\n159A Secretary may approve dental assisting qualifications and courses in the administration of Schedule 4 poisons 245\n\n159B Approved registered midwives 245\n\n159C Approved registered nurses 246\n\n160 Secretary may approve Schedule 4 poisons for possession by certain persons 246\n\n160A Secretary may approve an entity to be a public dental service 249\n\n161 Secretary may approve Schedule 4, 8 or 9 poisons for possession by nurses or registered midwives 249\n\n161A Secretary may approve Schedule 4 or Schedule 8 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives 251\n\n161B Secretary may approve Schedule 2 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives 253\n\n161C Secretary may approve Schedule 3 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives 255\n\n","sortOrder":5},{"sectionNumber":"161D","sectionType":"section","heading":"Approved naloxone providers 257","content":"161D Approved naloxone providers 257\n\n","sortOrder":6},{"sectionNumber":"161E","sectionType":"section","heading":"Approved naloxone workers 257","content":"161E Approved naloxone workers 257\n\n161F Secretary may approve Schedule 4 or 8 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction 259\n\n161G Secretary may approve Schedule 2 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction 260\n\n161H Secretary may approve Schedule 3 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction 261\n\n161I Secretary may approve Schedule 2 poisons for obtaining, possession or administration by Aboriginal and Torres Strait Islander health workers 262\n\n161J Secretary may approve Schedule 3 poisons for obtaining, possession or administration by Aboriginal and Torres Strait Islander health workers 263\n\n","sortOrder":7},{"sectionNumber":"162","sectionType":"section","heading":"Secretary may approve manner in which person may write a prescription 264","content":"162 Secretary may approve manner in which person may write a prescription 264\n\n","sortOrder":8},{"sectionNumber":"163","sectionType":"section","heading":"Secretary may approve Schedule 4 poison that pharmacist may administer to a person without instruction 265","content":"163 Secretary may approve Schedule 4 poison that pharmacist may administer to a person without instruction 265\n\n163A Secretary may approve Schedule 4 poison that pharmacist may sell, supply or administer for treatment of a person under the pharmacist's care without prescription or other instruction or authorisation 267\n\n163B Secretary may approve qualification of special drug-checking worker 268\n\nPart 4—Transitional provisions 269\n\n164 Definitions 269\n\n165 Approval of poisons for possession by nurses and registered midwives 269\n\n166 Approval of poisons for persons specified in table 269\n\n167 Permit to deal with Schedule 9 poison 269\n\n168 Approval of Schedule 4 poison as suitable for supply without prescription 269\n\n169 Permits relating to special Schedule 8 poisons 270\n\n170 Approval of manner of writing for prescription 270\n\n171 Security directions and approvals 270\n\n172 Approval of Schedule 4 poison for administration by pharmacist without instruction 270\n\n173 Direction to comply with destruction requirements 271\n\n174 Authority to cultivate narcotic plants for non‑therapeutic uses 271\n\nSchedule 1––Revoked regulations 272\n\nSchedule 2––Forms 274\n\nSchedule 3––Fees 285\n\nSchedule 4—Data source entities 291\n\nSchedule 5—Monitored poisons 292\n\nSchedule 6—Monitored supply poisons on and after 1 April 2020 293\n\n═══════════════\n\nEndnotes 294\n\n1 General information 294\n\n2 Table of Amendments 296\n\n3 Explanatory details 298\n\n**Version No.** **020**\n\n**Drugs, Poisons and Controlled Substances Regulations 2017**\n\n**S.R. No. 29/2017**\n\nVersion incorporating amendments as at  \n\n","sortOrder":9},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Chapter 1—Preliminary\n\n","sortOrder":10},{"sectionNumber":"1","sectionType":"section","heading":"Objectives","content":"\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to facilitate and enhance the safe and secure storage, sale, supply, prescribing, administration and use of drugs, poisons and controlled substances by registered practitioners, authorised persons, licensed or permitted persons and the public; and\n\nReg. 1(b) amended by S.R. No. 96/2022 reg. 5.\n\n(b) to prescribe fees and other matters relating to the provision of licences and permits issued under the **Drugs, Poisons and Controlled Substances Act 1981**; and\n\n(c) to prescribe forms and other matters necessary to be prescribed for the purposes of the **Drugs, Poisons and Controlled Substances Act 1981**.\n\n","sortOrder":11},{"sectionNumber":"2","sectionType":"section","heading":"Authorising provisions","content":"\t2 Authorising provisions\n\nThese Regulations are made under sections 129, 131, 132, 132A and 132B of the **Drugs, Poisons and Controlled Substances Act 1981**.\n\n","sortOrder":12},{"sectionNumber":"3","sectionType":"section","heading":"Commencement","content":"\t3 Commencement\n\nThese Regulations come into operation on 23 May 2017.\n\n","sortOrder":13},{"sectionNumber":"4","sectionType":"section","heading":"Revocations","content":"\t4 Revocations\n\nThe Regulations set out in Schedule 1 are **revoked**.\n\n","sortOrder":14},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"\t5 Definitions\n\n(1) In these Regulations—\n\nReg. 5(1) def. of *Aboriginal and Torres Strait Islander health practitioner administration instruction* inserted by S.R. No. 124/2025 reg. 4.\n\n***Aboriginal and Torres Strait Islander health practitioner administration instruction*** means an instruction that authorises a registered Aboriginal and Torres Strait Islander health practitioner to administer a Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 8 poison specified in the instruction to a person specified in the instruction;\n\nReg. 5(1) def. of *Aboriginal and Torres Strait Islander health practitioner supply instruction* inserted by S.R. No. 124/2025 reg. 4.\n\n***Aboriginal and Torres Strait Islander health practitioner supply instruction*** means an instruction that authorises a registered Aboriginal and Torres Strait Islander health practitioner to supply a Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 8 poison specified in the instruction to a person specified in the instruction;\n\nReg. 5(1) def. of *Aboriginal and Torres Strait Islander health worker* inserted by S.R. No. 124/2025 reg. 4.\n\n***Aboriginal and Torres Strait Islander health worker*** means a person who is not registered to practise in a health profession under the Health Practitioner Regulation National Law but who holds a VET qualification within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth for one of the following VET courses accredited under that Act—\n\n(a) Certificate III in Aboriginal and/or Torres Strait Islander Primary Health Care;\n\n(b) Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care Practice;\n\n(c) Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care;\n\n(d) a VET course that is equivalent to a course referred to in paragraph (a), (b) or (c);\n\nReg. 5(1) def. of *Aboriginal and Torres Strait Islander health worker administration instruction* inserted by S.R. No. 124/2025 reg. 4.\n\n***Aboriginal and Torres Strait Islander health worker administration instruction*** means an instruction that authorises an Aboriginal and Torres Strait Islander health worker to administer a Schedule 2 poison or Schedule 3 poison specified in the instruction to a person specified in the instruction;\n\nReg. 5(1) def. of *advanced first aid service* inserted by S.R. No. 174/2021 reg. 5(1).\n\n***advanced first aid service*** has the same meaning as in the Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021;\n\n***animal*** includes bird, fish or insect;\n\nReg. 5(1) def. of *approved naloxone provider* inserted by S.R. No. 113/2022 reg. 5.\n\n***approved naloxone provider*** means a person approved, or belonging to a class approved, by the Secretary in accordance with regulation 161D;\n\nReg. 5(1) def. of *approved naloxone worker* inserted by S.R. No. 113/2022 reg. 5.\n\n***approved naloxone worker*** means a person belonging to a class approved by the Secretary in accordance with regulation 161E;\n\nReg. 5(1) def. of *approved registered midwife* inserted by S.R. No. 13/2021 reg. 5(a).\n\n***approved registered midwife*** means a registered midwife belonging to a class approved by the Secretary in accordance with regulation 159B;\n\nReg. 5(1) def. of *approved registered nurse* inserted by S.R. No. 13/2021 reg. 5(a).\n\n***approved registered nurse*** means a registered nurse belonging to a class approved by the Secretary in accordance with regulation 159C;\n\n***Australian Sailing Limited*** means Australian Sailing Limited ACN 602 997 562;\n\n***authorised midwife*** means a registered midwife who is authorised by section 13(1)(bc) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3, 4 or 8 poison in accordance with that provision;\n\n***authorised optometrist*** means a registered optometrist who is authorised by section 13(1)(c) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3 or 4 poison in accordance with that provision;\n\n***authorised podiatrist*** means a registered podiatrist who is authorised by section 13(1)(ca) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3 or 4 poison in accordance with that provision;\n\nReg. 5(1) def. of *authorised psychedelic psychiatrist* inserted by S.R. No. 61/2023 reg. 5.\n\n***authorised psychedelic psychiatrist*** means a registered medical practitioner—\n\n(a) who is registered as a specialist psychiatrist under the Health Practitioner Regulation National Law; and\n\n(b) for whom an authority under section 19(5) of the Therapeutic Goods Act 1989 of the Commonwealth that covers MDMA or psilocybine is in force;\n\n***authorised registered nurse*** means a registered nurse who is authorised by section 13(1)(bb) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3, 4 or 8 poison in accordance with that provision;\n\nReg. 5(1) def. of *calibration substance* inserted by S.R. No. 126/2024 reg. 4.\n\n***calibration substance*** means a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison that is supplied for the purposes of the calibration of the equipment or apparatus that is required for the provision of a drug‑checking service under a drug-checking permit;\n\n***chart instruction*** has the meaning given in regulation 6;\n\n***Commonwealth Regulations*** means the National Health (Pharmaceutical Benefits) Regulations 2017 of the Commonwealth;\n\nReg. 5(1) def. of *Common-wealth Secretary* inserted by S.R. No. 61/2023 reg. 5.\n\n***Commonwealth Secretary*** means the Secretary within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;\n\nReg. 5(1) def. of *dental assistant* inserted by S.R. No. 31/2018 reg. 5.\n\n***dental assistant*** means a person who—\n\n(a) holds a qualification approved by the Secretary under regulation 159A; and\n\n(b) has completed a course approved by the Secretary under regulation 159A;\n\nReg. 5(1) def. of *drug-checking substance* inserted by S.R. No. 126/2024 reg. 4.\n\n***drug-checking substance*** means a substance that has been received by the holder of a drug‑checking permit or a special drug‑checking worker as authorised by section 20AA(1)(a) of the Act;\n\nReg. 5(1) def. of *electronic medication chart* inserted by S.R. No. 73/2020 reg. 5.\n\n***electronic medication chart*** means a medication chart in an electronic form in accordance with the requirements of the Commonwealth Regulations;\n\n***enrolled nurse*** means a person registered under the Health Practitioner Regulation National Law—\n\n(a) to practise in the nursing and midwifery profession as a nurse (other than as a student); and\n\n(b) in the enrolled nurses division of the Register of Nurses;\n\nReg. 5(1) def. of *first aid* inserted by S.R. No. 174/2021 reg. 5(1).\n\n***first aid***  has the same meaning as in the **Non‑Emergency Patient Transport and First Aid Services Act 2003**;\n\nReg. 5(1) def. of *first aid service* inserted by S.R. No. 174/2021 reg. 5(1).\n\n***first aid service*** has the same meaning as in the **Non-Emergency Patient Transport and First Aid Services Act 2003**;\n\nReg. 5(1) def. of *first aid service licence* inserted by S.R. No. 174/2021 reg. 5(1).\n\n***first aid service licence*** has the same meaning as in the **Non-Emergency Patient Transport and First Aid Services Act 2003**;\n\n***general Schedule 9 permit*** means a permit issued under regulation 14(1);\n\n***hospital medication chart*** means a medication chart within the meaning of the Commonwealth Regulations that is kept in respect of a patient being treated in or at a hospital or day procedure centre;\n\nReg. 5(1) def. of *human research ethics committee* inserted by S.R. No. 96/2022 reg. 6.\n\n***human research ethics committee*** means a committee—\n\n(a) that has notified its existence to the Australian Health Ethics Committee established under the National Health and Medical Research Council Act 1992 of the Commonwealth; and\n\n(b) to which the NHMRC (within the meaning of that Act) has allocated a code to denote the NHMRC's registration of the committee as a human research ethics committee; and\n\n(c) whose registration referred to in paragraph (b) is in force;\n\nReg. 5(1) def. of *intermediate first aid service* inserted by S.R. No. 174/2021 reg. 5(1).\n\n***intermediate first aid service*** has the same meaning as in the Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021;\n\n***listed regulated poison*** means a Schedule 7 poison that is included in Part 2 of Chapter 1 of the Poisons Code in the list of substances that are not for general sale by retail;\n\nReg. 5(1) def. of *National Health (Continued Dispensing) Determination 2012* substituted as *National Health (Continued Dispensing) Determination 2022* by S.R. No. 112/2022 reg. 5.\n\n***National Health (Continued Dispensing) Determination 2022*** means the legislative instrument made under section 89A(3) of the National Health Act 1953 of the Commonwealth as formulated or published;\n\nReg. 5(1) def. of *non-emergency patient transport service* inserted by S.R. No. 178/2018 reg. 5, amended by S.R. No. 174/2021 reg. 5(2).\n\n***non-emergency patient transport service*** has the same meaning as it has in the **Non‑Emergency Patient Transport** **and First Aid Services** **Act 2003**;\n\nReg. 5(1) def. of *non-emergency patient transport service licence* inserted by S.R. No. 178/2018 reg. 5, amended by S.R. No. 174/2021 reg. 5(3).\n\n***non-emergency patient transport service licence*** has the same meaning as it has in the **Non-Emergency Patient Transport and First Aid Services Act 2003**;\n\n***nurse*** means—\n\n(a) a registered nurse; or\n\n(b) an enrolled nurse other than an enrolled nurse who has a notation on the nurse's registration indicating that the nurse is not qualified to administer medication;\n\n***orthoptist*** means a person who is registered as an orthoptist with the Australian Orthoptic Board, being a committee constituted by the directors of the Australian Orthoptists Registration Body Pty Ltd ACN 095 117 678;\n\n***ovulatory stimulant*** means a substance listed as an ovulatory stimulant in Part 2 of Chapter 1 of the Poisons Code;\n\n***palliative care service*** means a service which provides medical and nursing care to persons who are terminally ill;\n\n***pharmacy*** has the same meaning as it has in the **Pharmacy Regulation Act 2010**;\n\n***pharmacy business*** has the same meaning as it has in the **Pharmacy Regulation Act 2010**;\n\n***pharmacy department*** has the same meaning as it has in the **Pharmacy Regulation Act 2010**;\n\n***prescription*** does not include—\n\n(a) a chart instruction; or\n\n(b) an authorisation under Part 8 of Chapter 2;\n\nReg. 5(1) def. of *prescription exchange service* inserted by S.R. No. 72/2018 reg. 5.\n\n***prescription exchange service*** means a system that provides for the electronic transfer of prescription information between a person who issues a prescription and a pharmacist;\n\n***prostaglandin*** means a substance listed as a prostaglandin in Part 2 of Chapter 1 of the Poisons Code;\n\nReg. 5(1) def. of *registered Aboriginal and Torres Strait Islander health practitioner* inserted by S.R. No. 16/2022 reg. 4.\n\n***registered Aboriginal and Torres Strait Islander health practitioner*** means a person registered under the Health Practitioner Regulation National Law to practise in the Aboriginal and Torres Strait Islander health practice profession (other than as a student);\n\n***registered dental hygienist*** means a person registered under the Health Practitioner Regulation National Law—\n\n(a) to practise in the dental profession as a dental hygienist (other than as a student); and\n\n(b) in the dental hygienists division of the Register of Dental Practitioners;\n\nReg. 5(1) def. of *registered dental practitioner* inserted by S.R. No. 31/2018 reg. 5.\n\n***registered dental practitioner*** means—\n\n(a) a dentist; or\n\n(b) a registered dental hygienist; or\n\n(c) a registered dental therapist; or\n\n(d) a registered oral health therapist;\n\n***registered dental therapist*** means a person registered under the Health Practitioner Regulation National Law—\n\n(a) to practise in the dental profession as a dental therapist (other than as a student); and\n\n(b) in the dental therapists division of the Register of Dental Practitioners;\n\n***registered oral health therapist*** means a person registered under the Health Practitioner Regulation National Law—\n\n(a) to practice in the dental profession as an oral health therapist (other than as a student); and\n\n(b) in the oral health therapists division of the Register of Dental Practitioners;\n\n***resident*** means a person who receives residential care in a residential facility;\n\n***residential care service*** has the meaning given by Schedule 1 to the Aged Care Act 1997 of the Commonwealth;\n\n***residential medication chart*** means a medication chart within the meaning of the Commonwealth Regulations that is kept in respect of a person who is receiving treatment as a resident;\n\n***retinoid*** means a substance listed as a retinoid in Part 2 of Chapter 1 of the Poisons Code;\n\nReg. 5(1) def. of *Schedule 3 naloxone* inserted by S.R. No. 113/2022 reg. 5.\n\n***Schedule 3 naloxone*** means naloxone when prepared to be used for the treatment of opioid overdoses;\n\nReg. 5(1) def. of *Schedule 8 cannabis* revoked by S.R. No. 13/2022 reg. 5(a).\n\nReg. 5(1) def. of *Schedule 8 MDMA* inserted by S.R. No. 61/2023 reg. 5.\n\n***Schedule 8 MDMA*** means N, α ‑DIMETHYL‑3, 4‑(METHYLENEDIOXY)PHENYLETHY LAMINE in Schedule 8 of the Poisons Standard;\n\nMDMA is included in Schedule 8 of the Poisons Standard only for the treatment of post-traumatic stress disorder.\n\nReg. 5(1) def. of *Schedule 8 psilocybine* inserted by S.R. No. 61/2023 reg. 5.\n\n***Schedule 8 psilocybine*** means psilocybine in Schedule 8 of the Poisons Standard;\n\nPsilocybine is included in Schedule 8 of the Poisons Standard only for the treatment of treatment-resistant depression.\n\nReg. 5(1) def. of *Schedule 8 tetrahydro-cannabinol* revoked by S.R. No. 13/2022 reg. 5(b).\n\n***special Schedule 7 substance*** means a substance listed as a special Schedule 7 substance in Part 2 of Chapter 1 of the Poisons Code;\n\n***special Schedule 8 permit*** means a permit issued under regulation 12(1);\n\nReg. 5(1) def. of *special Schedule 8 poison* amended by S.R. No. 13/2022 reg. 5(c).\n\n***special Schedule 8 poison*** means—\n\n(a) methadone;\n\n(b) nabiximols;\n\n(e) amphetamine;\n\n(f) dexamphetamine;\n\n(g) lisdexamfetamine;\n\n(h) methylamphetamine;\n\n(i) methylphenidate;\n\n(j) sodium oxybate;\n\n***St John Ambulance*** means St. John Ambulance Australia (Victoria) Inc. ABN 69 061 844 380;\n\n***storage facility*** includes cabinet, receptacle, cupboard, refrigerator or room;\n\n***supplementary labelling requirements*** means the requirements set out in regulation 72;\n\n***thalidomide*** means—\n\n(a) thalidomide for human use; or\n\n(b) a substance listed as a thalidomide-like substance in Part 2 of Chapter 1 of the Poisons Code;\n\nReg. 5(1) def. of *the Act* amended by S.R. No. 13/2021 reg. 5(b).\n\n***the Act*** means the **Drugs, Poisons and Controlled Substances Act 1981**;\n\nReg. 5(1) def. of *the Primary Clinical Care Manual* inserted by S.R. No. 13/2021 reg. 5(a).\n\n***the Primary Clinical Care Manual*** means the document with that title, as published from time to time by the State of Queensland (Queensland Health) and the Royal Flying Doctor Service (Queensland Section).\n\n(2) A reference in these Regulations to a ***drug of dependence*** includes a reference to a drug of dependence that is also a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison.\n\n***Drug of dependence*** is defined in the Act.\n\n","sortOrder":15},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of *chart instruction*","content":"\t6 Meaning of *chart instruction*\n\n(1) A ***chart instruction*** is an order—\n\n(a) that provides for a person to be supplied with a Schedule 3 poison, Schedule 4 poison or Schedule 8 poison; and\n\n(b) that is given by complying with the procedure set out in the Commonwealth Regulations for writing a medication chart prescription within the meaning of those Regulations.\n\n(2) An order may be a ***chart instruction***—\n\n(a) whether or not the Schedule 3 poison, Schedule 4 poison or Schedule 8 poison in respect of which the order is given is a pharmaceutical benefit within the meaning of the Commonwealth Regulations; and\n\n(b) whether or not the person who writes the instruction is a PBS prescriber within the meaning of the Commonwealth Regulations.\n\n1 Under the Commonwealth Regulations, a medication chart prescription must be for a pharmaceutical benefit and must be given by a PBS prescriber. Under subregulation (2), ***chart instruction*** includes medication chart prescriptions and also includes other orders that do not meet those requirements.\n\n2 See regulations 28(3) and 29(2) in relation to the writing of other information on a hospital medication chart or residential medication chart.\n\nChapter 2—Schedule 4, 8 and 9 poisons\n\nPart 1—Possession\n\n\t7 Persons authorised to possess Schedule 4, 8 and 9 poisons\n\n(1) A person or class of persons shown in an item in Column 1 of the following Table is authorised to obtain or possess a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to the extent and for the purpose shown in Column 2.\n\nReg. 7(1) (Table) amended by S.R. Nos 31/2018 reg. 6, 178/2018 reg. 6(1), 13/2021 reg. 6, 174/2021 reg. 6, 16/2022 reg. 5, 126/2024 reg. 5, 124/2025 reg. 5.\n\n- **Table**\n- *Column 1* *Column 2*\n- **Part 1**\n- 1. A person who holds or who is the agent of a person who holds a licence, permit (other than a drug-checking permit) or warrant issued under the Act or these Regulations. Those Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons named on the licence, permit or warrant to the extent and for the purpose specified in the licence, permit or warrant.\n- 2. A person who is engaged, or employed by a person who is engaged, to transport a Schedule 4 poison at the request of a person holding a licence or permit issued under the Act or these Regulations, or a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, The Schedule 4 poison for the purposes of delivery to the person to whom the consignment is addressed.\n\n| *Column 1* | | *Column 2* | |\n| --- | --- | --- | --- |\n|  | authorised midwife, authorised optometrist, authorised podiatrist or pharmacist. |  | |\n| 3. | A person who is engaged, or employed by a person who is engaged, to transport a Schedule 8 poison at the request of a person holding a licence or permit issued under the Act or these Regulations, or a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife or pharmacist. | The Schedule 8 poison for the purposes of delivery to the person to whom the consignment is addressed. | |\n| 4. | A person who is engaged, or employed by a person who is engaged, to transport a Schedule 9 poison at the request of a person holding a licence or permit issued under the Act or these Regulations. | The Schedule 9 poison for the purposes of delivery to the person to whom the consignment is addressed. | |\n| 5. | A person for whom a Schedule 4 poison is supplied (other than as authorised by section 20AA(1)(b) or (2)(a) of the Act) by a registered medical practitioner, dentist, nurse practitioner, authorised registered nurse, approved registered nurse, authorised midwife, approved registered midwife, authorised optometrist, authorised podiatrist, pharmacist or registered Aboriginal and Torres Strait Islander health practitioner in accordance with the Act and these Regulations. | That Schedule 4 poison to the extent and for the purpose for which it is supplied. | |\n| 6. | A person for whom a Schedule 8 poison is supplied (other than as authorised by section 20AA(1)(b) or (2)(a) of the Act) by a registered medical practitioner, dentist, nurse practitioner, authorised registered nurse, approved registered nurse, authorised midwife, approved registered midwife, pharmacist or registered Aboriginal and Torres Strait Islander health practitioner in accordance with the Act and these Regulations. | That Schedule 8 poison to the extent and for the purpose for which it is supplied. | |\n| 7. | A person for whom a Schedule 9 poison is supplied (other than as authorised by section 20AA(1)(b) or (2)(a) of the Act) by a registered medical practitioner, dentist or pharmacist in accordance with the Act and these Regulations. | That Schedule 9 poison to the extent and for the purpose for which it is supplied. | |\n| 8. | The agent of, or a person who has the care of, or who is assisting in the care of, a person referred to in item 5, 6 or 7. | That Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to the extent and for the purpose for which it is supplied. | |\n| 9. | An owner of, or a person having custody or care of, an animal for which a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison is supplied by a veterinary practitioner or pharmacist in accordance with the Act and these Regulations. | That Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to the extent and for the purpose for which it is supplied. | |\n| 10. | An owner of, or person having custody or care of, animals for which a Schedule 4 poison is supplied by wholesale in a stock food on the order of a veterinary practitioner for the treatment of those animals in accordance with the Act or these Regulations. | That Schedule 4 poison to the extent and for the purpose for which it is supplied. | |\n| 10A. | A person who holds a drug-checking permit or a special drug-checking worker engaged by the holder of the permit. | Those Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons that are required for the purposes of the calibration of the equipment or apparatus that is required for the provision of a drug‑checking service under the permit. | |\n| **Part 2** | | | |\n| 11. | An operational staff member within the meaning of the **Ambulance Services Act 1986**. | | Those Schedule 4 poisons or Schedule 8 poisons listed in the health services permit held by that ambulance service within the meaning of the **Ambulance Services Act 1986** to the extent and for the purpose specified in the permit. |\n| * * * * * | | | |\n| 13. | A master or chief officer of a ship in port in Victoria. | | Those Schedule 4 poisons or Schedule 8 poisons that are required by State, Commonwealth or international law for the purposes of completing the equipment of that ship. |\n| 14. | A yacht owner or crew member who is a member of Australian Sailing Limited and whose yacht is entered in a race conducted under the rules of Australian Sailing Limited. | | Those Schedule 4 poisons or Schedule 8 poisons contained in the medical kit for the purposes of the Australian Sailing Limited race category in which the yacht is entered. |\n| 15. | A registered optometrist carrying on the lawful practice of the registered optometrist's profession who is not an authorised optometrist. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the practice of the registered optometrist's profession for the purpose of the practice of optometry. |\n| 16. | A registered podiatrist carrying on the lawful practice of the registered podiatrist's profession who is not an authorised podiatrist. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the practice of the registered podiatrist's profession for the purpose of the treatment of podiatric conditions. |\n| 17. | A person who holds a permit to use etorphine in accordance with the Act and these Regulations or a person assisting that permit holder. | | Those morphine antagonists that are necessary for the purpose of administration as an antidote to etorphine. |\n| 18. | An Australian Ski Patrol Association Inc. ABN 26 369 760 601 qualified ski patroller. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of a ski patroller's duties for the purpose of treatment in emergencies. |\n| 19. | A Director within the meaning of the **Victoria State Emergency Service Act 2005**. | | Those Schedule 4 poisons or Schedule 8 poisons that are required for the purpose of the performance of the state emergency services' duties in an emergency coming within the jurisdiction of a Director under the **Victoria State Emergency Service Act 2005**. |\n| 20. | A municipal council, an environmental health officer or a nurse or registered midwife employed or appointed by a municipal council. | | Those Schedule 4 poisons that are necessary for the purpose of immunisation programs coordinated by a municipal council in accordance with its functions under the **Public Health and Wellbeing Act 2008**. |\n| 21 | A registered dental hygienist, registered dental therapist or registered oral health therapist. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required for the purpose of the provision of dental care by the registered dental hygienist, registered dental therapist or registered oral health therapist. |\n| 21A. | A dental assistant employed or engaged by an entity declared to be a public dental service by the Secretary under regulation 160A. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required for the treatment of a person whose name is specified in an instruction written by a registered dental practitioner and given to the dental assistant. |\n| 22. | An orthoptist practising under the direction of a registered medical practitioner or an authorised optometrist. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) in topical ophthalmic preparations for the purpose of use in the eyes of patients. |\n| 23. | On-site emergency response workers trained in Advanced First Aid at mine sites and power stations. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of an emergency response worker's duties for the purpose of treatment in emergencies. |\n| 24. | A person who holds a non-emergency patient transport service licence. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing medical care to patients of the non-emergency patient transport service operated by the licence holder. |\n| 24A. | A person (including a nurse) employed or engaged by the holder of a non-emergency patient transport service licence to provide medical care to patients of the non-emergency patient transport service operated by the licence holder. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing medical care to patients of the non-emergency patient transport service operated by the licence holder. |\n| 24B. | A person who holds a first aid service licence to operate an intermediate first aid service or an advanced first aid service. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder. |\n| 24C. | A person (including a nurse) employed or engaged by a licence holder referred to in item 24B to provide first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder. |\n| 25. | A person employed or engaged as a lifeguard (on a paid or unpaid basis) by Life Saving Victoria Limited ABN 21 102 927 364. | | Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the lifeguard's duties for the purpose of treatment in emergencies. |\n| * * * * * | | | |\n\nReg. 7(2) amended by S.R. No. 178/2018 reg. 6(2).\n\n(2) Nothing in this regulation limits any other authorisation of a person referred to in Column 1 of the preceding Table to obtain or possess a poison or controlled substance, whether in the capacity referred to in Column 1 or otherwise.\n\n","sortOrder":16},{"sectionNumber":"8","sectionType":"section","heading":"Possession of Schedule 4, 8 and 9 poisons by nurse or registered midwife","content":"\t8 Possession of Schedule 4, 8 and 9 poisons by nurse or registered midwife\n\n(1) A nurse or registered midwife is authorised to possess those Schedule 4 poisons that are necessary for administration to a patient under the care of that nurse or registered midwife in accordance with—\n\n(2) A nurse or registered midwife is authorised to possess those Schedule 8 poisons that are necessary for administration to a patient under the care of that nurse or registered midwife in accordance with—\n\n(3) A nurse or registered midwife is authorised to possess those Schedule 9 poisons that are necessary for administration to a patient under the care of that nurse or registered midwife in accordance with—\n\n(4) Nothing in this regulation limits any other authorisation of a nurse or registered midwife to possess a poison or controlled substance, whether in the lawful practice of the nurse or midwife's profession or otherwise.\n\nReg. 8A inserted by S.R. No. 13/2021 reg. 7.\n\n","sortOrder":17},{"sectionNumber":"8A","sectionType":"section","heading":"Possession of Schedule 4 and 8 poisons by an approved registered nurse or approved registered midwife","content":"\t8A Possession of Schedule 4 and 8 poisons by an approved registered nurse or approved registered midwife\n\nAn approved registered nurse or approved registered midwife is authorised to obtain and possess a Schedule 4 poison or a Schedule 8 poison in accordance with an approval under regulation 161A for sale, supply or administration in accordance with that approval.\n\nReg. 8B inserted by S.R. No. 124/2025 reg. 6.\n\n","sortOrder":18},{"sectionNumber":"8B","sectionType":"section","heading":"Possession of Schedule 4 and 8 poisons by a registered Aboriginal and Torres Strait Islander health practitioner","content":"\t8B Possession of Schedule 4 and 8 poisons by a registered Aboriginal and Torres Strait Islander health practitioner\n\n(1) A registered Aboriginal and Torres Strait Islander health practitioner is authorised to obtain and possess a Schedule 4 poison in accordance with an approval under regulation 161F for the purpose of—\n\n(b) administration in accordance with an Aboriginal and Torres Strait Islander health practitioner administration instruction given by—\n\n(2) A registered Aboriginal and Torres Strait Islander health practitioner is authorised to obtain and possess a Schedule 8 poison in accordance with an approval under regulation 161F for the purpose of—\n\n(b) administration in accordance with an Aboriginal and Torres Strait Islander health practitioner administration instruction given by—\n\n(iv) an authorised midwife.\n\n","sortOrder":19},{"sectionNumber":"9","sectionType":"section","heading":"Dentist must not possess methadone","content":"\t9 Dentist must not possess methadone\n\nA dentist must not possess methadone.\n\nReg. 9A inserted by S.R. No. 61/2023 reg. 6.\n\n","sortOrder":20},{"sectionNumber":"9A","sectionType":"section","heading":"Person must not possess Schedule 8 MDMA or Schedule 8 psilocybine","content":"\t9A Person must not possess Schedule 8 MDMA or Schedule 8 psilocybine\n\nA person must not possess Schedule 8 MDMA or Schedule 8 psilocybine unless—\n\n(a) the person is an authorised psychedelic psychiatrist; or\n\n(b) the person is a registered medical practitioner, nurse or nurse practitioner who is instructed by an authorised psychedelic psychiatrist to administer the Schedule 8 MDMA or Schedule 8 psilocybine to a person in the authorised psychedelic psychiatrist's care; or\n\n(c) the person is a pharmacist carrying on the lawful practice of the pharmacist's profession; or\n\n(d) the person holds or is the agent of a person who holds a licence or permit under the Act or Regulations that allows that person to possess Schedule 8 MDMA or Schedule 8 psilocybine; or\n\n(e) the person is engaged, or employed by a person who is engaged, to transport Schedule 8 MDMA or Schedule 8 psilocybine at the request of a person referred to in paragraph (d); or\n\n(f) the person is a registered medical practitioner and the Schedule 8 MDMA or Schedule 8 psilocybine is for another person who is a participant in a clinical trial that is—\n\n(i) approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth; and\n\n(ii) approved by a human research ethics committee; or\n\n(g) the person is a nurse or nurse practitioner who is instructed by a registered medical practitioner to administer the Schedule 8 MDMA or Schedule 8 psilocybine to another person who is a participant in a clinical trial that is—\n\n(A) approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth; and\n\n(B) approved by a human research ethics committee.\n\nPart 2—Permits and forms\n\nDivision 1—Special Schedule 8 permits\n\n\t10 When special Schedule 8 permit required\n\n(1) For the purposes of these Regulations, a special Schedule 8 permit is required if—\n\n(a) a registered medical practitioner or a nurse practitioner considers it necessary to issue a prescription for, supply, authorise the administration of or administer a Schedule 8 poison to a patient of the practitioner; and\n\n(b) the Schedule 8 poison is a special Schedule 8 poison; and\n\n(c) the patient is not a drug-dependent person; and\n\n(d) section 34 of the Act does not require the practitioner to apply to the Secretary for a Schedule 8 permit; and\n\n(e) the prescription, supply, authorisation or administration is not authorised by section 34D, 34E or 34F of the Act.\n\nSection 34 of the Act does not require a registered medical practitioner or nurse practitioner to apply to the Secretary for a Schedule 8 permit in respect of a person who is not a drug-dependent person unless the administration, supply or prescription is for a continuous period greater than 8 weeks, and the other circumstances set out in section 34(3)(a) apply.\n\n(2) A special Schedule 8 permit is not required for a paediatrician or psychiatrist to issue a prescription, supply, authorise the administration of or administer any of the following poisons for the treatment of a person for attention deficit disorder—\n\n(a) amphetamine;\n\n(b) dexamphetamine;\n\n(c) lisdexamfetamine;\n\n(d) methylamphetamine;\n\n(e) methylphenidate.\n\n(3) A special Schedule 8 permit is not required for a registered medical practitioner or nurse practitioner to issue a prescription for, supply, authorise the administration of or administer methadone to a patient if—\n\n(a) the practitioner is treating the patient at an oncology clinic in a hospital at which the patient is not an in-patient; or\n\n(b) the practitioner is treating the patient at a pain clinic in a hospital at which the patient is not an in-patient; or\n\n(c) the patient is under the care of a palliative care service.\n\n","sortOrder":21},{"sectionNumber":"11","sectionType":"section","heading":"Application for special Schedule 8 permit","content":"\t11 Application for special Schedule 8 permit\n\n(1) A registered medical practitioner or nurse practitioner may apply to the Secretary for a special Schedule 8 permit.\n\nRegulations 17, 36, 78 and 88 make it an offence for a registered medical practitioner to issue a prescription for, sell, supply, authorise the administration of or administer a special Schedule 8 poison without a special Schedule 8 permit in certain circumstances. Regulations 20, 39, 80 and 91(3) impose the same prohibitions for nurse practitioners.\n\n(2) An application under subregulation (1) must be in Form 3 in Schedule 2.\n\n","sortOrder":22},{"sectionNumber":"12","sectionType":"section","heading":"Special Schedule 8 permit","content":"\t12 Special Schedule 8 permit\n\n(1) On receiving an application under regulation 11, the Secretary may issue a permit to the applicant that authorises the applicant to do any of the following as specified in the permit—\n\n(a) issue a prescription for a specified special Schedule 8 poison for a specified patient who is not a drug-dependent person;\n\n(b) supply a specified special Schedule 8 poison to a specified patient who is not a drug-dependent person;\n\n(c) authorise the administration of a specified special Schedule 8 poison to a specified patient who is not a drug-dependent person;\n\n(d) administer a specified special Schedule 8 poison to a specified patient who is not a drug-dependent person.\n\nSection 34C(1) and (2) of the Act are offences that apply to the prescribing, supplying or administering of a Schedule 8 poison to a person who is not a drug-dependent person. Those offences do not apply if the person who issues a prescription for, supplies or administers the poison is authorised by or under the Act to do so. Subregulation (2) provides that a special Schedule 8 permit may authorise those activities.\n\n(2) A special Schedule 8 permit must be in Form 4 in Schedule 2.\n\n(3) The Secretary, at any time, may amend, suspend or revoke a special Schedule 8 permit.\n\n(4) A special Schedule 8 permit which is suspended or revoked under subregulation (3) ceases to have effect.\n\nReg. 12A inserted by S.R. No. 13/2022 reg. 6.\n\n","sortOrder":23},{"sectionNumber":"12A","sectionType":"section","heading":"Permits relating to Schedule 8 cannabis and Schedule 8 tetrahydrocannabinol","content":"\t12A Permits relating to Schedule 8 cannabis and Schedule 8 tetrahydrocannabinol\n\nWithout limiting regulation 12(3), on the commencement of the Drugs, Poisons and Controlled Substances Amendment (Schedule 8 Cannabis and Schedule 8 Tetrahydrocannabinol) Regulations 2022, any special Schedule 8 permit issued for Schedule 8 cannabis or Schedule 8 tetrahydrocannabinol that is in force immediately before that commencement is revoked.\n\n","sortOrder":24},{"sectionNumber":"Div 2","sectionType":"division","heading":"General Schedule 9 permits","content":"Division 2—General Schedule 9 permits\n\nReg. 13 substituted by S.R. No. 96/2022 reg. 7.\n\n","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":"Application for general Schedule 9 permit","content":"\t13 Application for general Schedule 9 permit\n\nA veterinary practitioner or dentist may apply to the Secretary for a general Schedule 9 permit.\n\n","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":"General Schedule 9 permit","content":"\t14 General Schedule 9 permit\n\n(1) On receiving an application under regulation 13, the Secretary, subject to subregulation (2), may issue a permit to the applicant that authorises the applicant to do any of the following as specified in the permit—\n\n(a) issue a prescription for a specified Schedule 9 poison;\n\n(b) sell or supply a specified Schedule 9 poison;\n\n(c) authorise the administration of a specified Schedule 9 poison;\n\n(d) administer a specified Schedule 9 poison;\n\n(e) manufacture a specified Schedule 9 poison;\n\n(f) purchase or otherwise obtain a specified Schedule 9 poison;\n\n(g) possess a specified Schedule 9 poison;\n\n(h) use a specified Schedule 9 poison.\n\nReg. 14(2) substituted by S.R. No. 96/2022 reg. 8(1).\n\n(2) The Secretary must not issue a general Schedule 9 permit to a dentist unless the Secretary is satisfied that—\n\n(a) a human clinical trial has been approved by a human research ethics committee; and\n\n(b) the activity to be authorised by the permit is to be undertaken for the purposes of that trial.\n\n(3) A general Schedule 9 permit may be subject to any conditions specified in the permit.\n\nReg. 14(3A) inserted by S.R. No. 96/2022 reg. 8(2).\n\n(3A) Without limiting subregulation (3), when issuing a general Schedule 9 permit to a dentist, the Secretary must include a condition that the activity is only authorised to be undertaken for the purposes of the human clinical trial specified in the condition.\n\n(4) The Secretary, at any time, may amend, suspend or revoke a general Schedule 9 permit.\n\n(5) A general Schedule 9 permit which is suspended or revoked under subregulation (4) ceases to have effect.\n\nReg. 15 substituted by S.R. No. 96/2022 reg. 9.\n\n","sortOrder":27},{"sectionNumber":"15","sectionType":"section","heading":"General Schedule 9 permit is not limited to specific animals","content":"\t15 General Schedule 9 permit is not limited to specific animals\n\nA general Schedule 9 permit granted to a veterinary practitioner is not restricted to the administration of a Schedule 9 poison to a specific animal.\n\nPt 2 Div. 3 (Heading and regs 15A, 15B) inserted by S.R. No. 96/2022 reg. 10.\n\n","sortOrder":28},{"sectionNumber":"Div 3","sectionType":"division","heading":"Schedule 9 permit","content":"Division 3—Schedule 9 permit\n\nReg. 15A inserted by S.R. No. 96/2022 reg. 10.\n\n","sortOrder":29},{"sectionNumber":"15A","sectionType":"section","heading":"Documents to accompany application for Schedule 9 permit","content":"\t15A Documents to accompany application for Schedule 9 permit\n\n(1) Subject to subregulation (2), an application under section 33A of the Act must be accompanied by the following—\n\n(a) a copy of a document issued by a human research ethics committee approving the human clinical trial in relation to which the application is made; and\n\n(b) a copy of the protocol for that trial; and\n\n(c) for each patient in respect of whom the application is made, a copy of a consent form relating to that trial that is signed by the patient.\n\n(2) An application under section 33A of the Act need not be accompanied by a document that has previously accompanied a different application made under that section.\n\nReg. 15B inserted by S.R. No. 96/2022 reg. 10.\n\n","sortOrder":30},{"sectionNumber":"15B","sectionType":"section","heading":"Schedule 9 permits issued for clinical trials only","content":"\t15B Schedule 9 permits issued for clinical trials only\n\n(1) The Secretary must not issue a Schedule 9 permit under section 33B of the Act authorising a medical practitioner to administer, supply or prescribe a Schedule 9 poison to a person unless the Secretary is satisfied that—\n\n(a) a human clinical trial has been approved by a human research ethics committee; and\n\n(b) the activity to be authorised by the permit is to be undertaken for the purposes of that trial.\n\n(2) When issuing a Schedule 9 permit under section 33B of the Act, the Secretary must impose a condition under section 33B(2)(b) of the Act that the administration, supply or prescription of the Schedule 9 poison is only authorised to be undertaken for the purposes of the human clinical trial specified in the condition.\n\n","sortOrder":31},{"sectionNumber":"Part 3","sectionType":"part","heading":"Prescriptions","content":"Part 3—Prescriptions\n\n","sortOrder":32},{"sectionNumber":"16","sectionType":"section","heading":"Persons authorised to issue prescriptions","content":"\t16 Persons authorised to issue prescriptions\n\n(1) A person other than a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist must not issue a prescription for a Schedule 4 poison.\n\n(2) A person other than a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or authorised midwife must not issue a prescription for a Schedule 8 poison.\n\n(3) A person other than a registered medical practitioner, veterinary practitioner or dentist must not issue a prescription for a Schedule 9 poison.\n\nReg. 16(4) inserted by S.R. No. 61/2023 reg. 7.\n\n(4) A person must not issue a prescription for Schedule 8 MDMA or Schedule 8 psilocybine unless—\n\n(a) the person is an authorised psychedelic psychiatrist; or\n\n(b) the person is a registered medical practitioner and the prescription is for another person who is a participant in a clinical trial that is—\n\n(i) approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth; and\n\n(ii) approved by a human research ethics committee.\n\n","sortOrder":33},{"sectionNumber":"17","sectionType":"section","heading":"Issuing prescription for Schedule 4, 8 or 9 poison—registered medical practitioner","content":"\t17 Issuing prescription for Schedule 4, 8 or 9 poison—registered medical practitioner\n\nA registered medical practitioner must not issue a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—\n\n(a) the prescription is for the medical treatment of a person other than the practitioner; and\n\nReg. 17(da) inserted by S.R. No. 61/2023 reg. 8.\n\n(da) if the poison is Schedule 8 MDMA or Schedule 8 psilocybine, the registered medical practitioner is—\n\n(i) an authorised psychedelic psychiatrist; or\n\n(ii) a registered medical practitioner and the prescription is for another person who is a participant in a clinical trial that is—\n\n(A) approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth; and\n\n(B) approved by a human research ethics committee; and\n\n(e) if the poison is a drug of dependence, a Schedule 8 poison or a Schedule 9 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the prescription is issued; and\n\n(f) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the practitioner holds a special Schedule 8 permit that authorises the issuing of the prescription; and\n\nReg. 17(g) amended by S.R. No. 96/2022 reg. 11.\n\n(g) in the case of a Schedule 9 poison, the practitioner holds a Schedule 9 permit, that authorises the issuing of the prescription.\n\n1 In certain circumstances, sections 34B and 34C of the Act will also prohibit the registered medical practitioner from prescribing the Schedule 8 poison without a Schedule 8 permit.\n\n2 If a registered medical practitioner holds a Schedule 9 permit, section 33C of the Act will also prohibit the practitioner from prescribing the Schedule 9 poison other than for the period specified in the permit and within the quantity specified in the permit.\n\nReg. 17A inserted by S.R. No. 61/2023 reg. 9.\n\n\t17A Notice to Secretary of intention to prescribe, authorise administration, or administer Schedule 8 MDMA or Schedule 8 psilocybine\n\n(1) An authorised psychedelic psychiatrist who intends to prescribe, authorise the administration of, or administer, Schedule 8 MDMA or Schedule 8 psilocybine to another person must notify the Secretary in the prescribed form of the psychiatrist's intention to do so not less than 7 days before prescribing, authorising the administration of, or administering, the Schedule 8 MDMA or Schedule 8 psilocybine.\n\n(2) A registered medical practitioner who intends to prescribe, authorise the administration of, or administer, Schedule 8 MDMA or Schedule 8 psilocybine for or to another person who is a participant in a clinical trial must notify the Secretary in the prescribed form of the medical practitioner's intention to do so not less than 7 days before prescribing, authorising the administration of, or administering the Schedule 8 MDMA or Schedule 8 psilocybine.\n\n(3) For the purposes of subregulations (1) and (2), the prescribed form is Form 7 in Schedule 2.\n\n","sortOrder":34},{"sectionNumber":"18","sectionType":"section","heading":"Issuing prescription for Schedule 4, 8 or 9 poison—dentist","content":"\t18 Issuing prescription for Schedule 4, 8 or 9 poison—dentist\n\n(1) A dentist must not issue a prescription for methadone.\n\n(2) A dentist must not issue a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—\n\n(a) the prescription is for the dental treatment of a person other than the dentist; and\n\n(e) the prescription provides only for a single supply of the poison; and\n\n(f) if the poison is a drug of dependence, a Schedule 8 poison or a Schedule 9 poison, the dentist has taken all reasonable steps to ascertain the identity of the person for whose treatment the prescription is issued; and\n\n(g) in the case of a Schedule 9 poison, the dentist holds a general Schedule 9 permit that authorises the issuing of the prescription.\n\n","sortOrder":35},{"sectionNumber":"19","sectionType":"section","heading":"Issuing prescription for Schedule 4, 8 or 9 poison—veterinary practitioner","content":"\t19 Issuing prescription for Schedule 4, 8 or 9 poison—veterinary practitioner\n\nA veterinary practitioner must not issue a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—\n\n(a) that prescription is for the treatment of an animal—\n\n(i) under the veterinary practitioner's care; and\n\n(ii) described in the prescription; and\n\n(b) the veterinary practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison; and\n\n(c) if the poison is a drug of dependence, a Schedule 8 poison or a Schedule 9 poison, the veterinary practitioner has taken all reasonable steps to ascertain the identity of the person who owns or has custody or care of the animal for whose treatment the prescription is issued; and\n\n(d) in the case of a Schedule 9 poison, the veterinary practitioner holds a general Schedule 9 permit that authorises the issuing of the prescription.\n\nRegulation 27 separately provides for a veterinary practitioner who issues an order to a stock food manufacturer to supply a stock food containing a Schedule 4 poison.\n\n","sortOrder":36},{"sectionNumber":"20","sectionType":"section","heading":"Issuing prescription for Schedule 4 or 8 poison—nurse practitioner","content":"\t20 Issuing prescription for Schedule 4 or 8 poison—nurse practitioner\n\nA nurse practitioner must not issue a prescription for a Schedule 4 poison or Schedule 8 poison unless—\n\n(a) the prescription is for the treatment of a person other than the nurse practitioner; and\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the nurse practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the prescription is issued; and\n\n(f) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the nurse practitioner holds a special Schedule 8 permit that authorises the issuing of the prescription.\n\nIn certain circumstances, sections 34B and 34C of the Act will also prohibit the nurse practitioner from prescribing the Schedule 8 poison without a Schedule 8 permit.\n\n","sortOrder":37},{"sectionNumber":"21","sectionType":"section","heading":"Issuing prescription for Schedule 4 or 8 poison—authorised midwife","content":"\t21 Issuing prescription for Schedule 4 or 8 poison—authorised midwife\n\nAn authorised midwife must not issue a prescription for a Schedule 4 poison or Schedule 8 poison unless—\n\n(a) the prescription is for the midwifery treatment of a person other than the midwife; and\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person for whose treatment the prescription is issued.\n\n","sortOrder":38},{"sectionNumber":"22","sectionType":"section","heading":"Issuing prescription for Schedule 4 poison—authorised optometrist","content":"\t22 Issuing prescription for Schedule 4 poison—authorised optometrist\n\nAn authorised optometrist must not issue a prescription for a Schedule 4 poison unless—\n\n(a) the prescription is for the ocular treatment of a person other than the optometrist; and\n\n(e) if the poison is a drug of dependence, the optometrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the prescription is issued.\n\n","sortOrder":39},{"sectionNumber":"23","sectionType":"section","heading":"Issuing prescription for Schedule 4 poison—authorised podiatrist","content":"\t23 Issuing prescription for Schedule 4 poison—authorised podiatrist\n\nAn authorised podiatrist must not issue a prescription for a Schedule 4 poison unless—\n\n(a) the prescription is for the podiatric treatment of a person other than the podiatrist; and\n\n(e) if the poison is a drug of dependence, the podiatrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the prescription is issued.\n\n","sortOrder":40},{"sectionNumber":"24","sectionType":"section","heading":"Required form for issuing prescriptions","content":"\t24 Required form for issuing prescriptions\n\n(1) A person who issues a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must write the prescription either—\n\n(a) in the person's own handwriting; or\n\n(b) in a manner of writing approved by the Secretary under regulation 162(1).\n\nUnder regulation 16, only certain persons are permitted to issue a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison. Any other person who issues a prescription for one of those poisons commits an offence.\n\nReg. 24(1A) inserted by S.R. No. 31/2018 reg. 7.\n\n(1A) A person who writes a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must ensure that the prescription is written in a legible and durable form.\n\n(2) A person who writes a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must sign the prescription.\n\n(3) A person who writes a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must include in the prescription the following information—\n\n(a) the name and address of, and a telephone number for, the person who wrote the prescription;\n\n(b) the following information for the person or animal for whom the prescription is issued—\n\n(i) in the case of a person, the person's name and address;\n\n(ii) in the case of an animal, the species, age, breed and sex of the animal, and the name and address of a person who owns or has custody or care of the animal;\n\n(c) the date on which the prescription was written;\n\n(d) full particulars of the poison to be supplied;\n\n(e) a statement of the quantity to be supplied;\n\n(f) directions for the precise dose or use and frequency of administration except in cases where—\n\n(i) because of the complexity of the dosage regimen or use it is impracticable to do so and the prescriber has separately supplied the patient with written instruction; or\n\n(ii) a variable dosage regimen is directed and a statement specifying a maximum frequency of administration is included; or\n\n(iii) the administration of the poison is to be carried out by a registered medical practitioner, veterinary practitioner, pharmacist, dentist, authorised optometrist, authorised podiatrist, nurse or registered midwife;\n\nReg. 24(3)(g) substituted by S.R. No. 72/2018 reg. 6.\n\n(g) in the case of a Schedule 8 poison, a monitored poison or a Schedule 9 poison if the prescription is for a person and not an animal, that person's date of birth;\n\nReg. 24(3)(ga) inserted by S.R. No. 72/2018 reg. 6.\n\n(ga) in the case of a Schedule 8 poison or a Schedule 9 poison—\n\n(i) if the poison may be supplied only once, a statement, using words and not just figures, that there is to be no repeat supply; and\n\n(ii) a statement of quantity to be supplied, written in both words and figures;\n\n(h) subject to subregulations (4) and (5), the maximum number of times the poison may be supplied.\n\n(4) If the prescription is for a Schedule 8 poison or a Schedule 9 poison, the maximum number of times that the poison may be supplied must be stated in both words and figures.\n\n(5) If the prescription is for a Schedule 4 poison, the maximum number of times that the poison may be supplied need only be included if it is more than once.\n\n(6) A person who writes a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must not include any information that the person knows is false or misleading.\n\n(7) A person who writes a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must not write the prescription in a secret code or cipher.\n\nRegulation 125 imposes special requirements in relation to a prescription for an ovulatory stimulant, a prostaglandin, a retinoid or thalidomide.\n\nReg. 25 (Heading) amended by S.R. No. 20/2023 reg. 5(1).\n\n","sortOrder":41},{"sectionNumber":"25","sectionType":"section","heading":"Emergency verbal instructions to pharmacists regarding supply","content":"\t25 Emergency verbal instructions to pharmacists regarding supply\n\n(1) A registered medical practitioner, veterinary practitioner or dentist may issue verbal instructions to a pharmacist to supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison if, in the opinion of the registered medical practitioner, veterinary practitioner or dentist, an emergency exists.\n\n(2) A nurse practitioner or an authorised midwife may issue verbal instructions to a pharmacist to supply a Schedule 4 poison or Schedule 8 poison if, in the opinion of the nurse practitioner or authorised midwife, an emergency exists.\n\n(3) An authorised optometrist or an authorised podiatrist may issue verbal instructions to a pharmacist to supply a Schedule 4 poison if, in the opinion of the authorised optometrist or the authorised podiatrist, an emergency exists.\n\nReg. 25(4) amended by S.R. No. 20/2023 reg. 5(2).\n\n(4) A registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist who issues verbal instructions pursuant to subregulation (1), (2) or (3), as the case requires, must within 72 hours of issuing the verbal instruction—\n\n(a) write an instruction that indicates that it is in confirmation of the verbal instructions previously given; and\n\nReg. 25(4)(b) amended by S.R. No. 20/2023 reg. 5(3).\n\n(b) ensure that the instruction is sent to the pharmacist.\n\n(5) For the purposes of subregulation (4), the written instruction may be a prescription, a chart instruction, or a written instruction of another kind.\n\nReg. 25A inserted by S.R. No. 20/2023 reg. 6.\n\n","sortOrder":42},{"sectionNumber":"25A","sectionType":"section","heading":"Emergency transmission of digital image to pharmacists regarding supply","content":"\t25A Emergency transmission of digital image to pharmacists regarding supply\n\n(1) A registered medical practitioner, veterinary practitioner or dentist may transmit a digital image of an original prescription to a pharmacist to supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison if, in the opinion of the registered medical practitioner, veterinary practitioner or dentist, an emergency exists.\n\n(2) A nurse practitioner or an authorised midwife may transmit a digital image of an original prescription to a pharmacist to supply a Schedule 4 poison or a Schedule 8 poison if, in the opinion of the nurse practitioner or authorised midwife, an emergency exists.\n\n(3) An authorised optometrist or an authorised podiatrist may transmit a digital image of an original prescription to a pharmacist to supply a Schedule 4 poison if, in the opinion of the authorised optometrist or the authorised podiatrist, an emergency exists.\n\n(4) A registered medical practitioner, a veterinary practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist who transmits a digital image of an original prescription pursuant to subregulation (1), (2) or (3) must—\n\n(a) ensure that the original prescription complies with regulation 24; and\n\n(b) ensure that the digital image of the original prescription is transmitted directly to the pharmacist or pharmacy of the patient's choice by electronic means; and\n\n(c) not send the digital image of the original prescription to more than one pharmacy or to a person other than a pharmacist; and\n\n(d) ensure that the original prescription is sent to the pharmacist or pharmacy within 72 hours of transmitting the digital image of the prescription.\n\n","sortOrder":43},{"sectionNumber":"26","sectionType":"section","heading":"Notification of fraudulent obtaining of order or prescription","content":"\t26 Notification of fraudulent obtaining of order or prescription\n\n(1) A registered medical practitioner, pharmacist, veterinary practitioner or dentist who suspects or has reason to believe that a person has obtained from the practitioner by means of a false pretence an order or prescription for a Schedule 9 poison, Schedule 8 poison or Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.\n\n(2) A nurse practitioner or an authorised midwife who suspects or has reason to believe that a person has obtained from the practitioner or midwife by means of a false pretence an order or prescription for a Schedule 8 poison or Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.\n\n(3) An authorised optometrist or authorised podiatrist who suspects or has reason to believe that a person has obtained from the optometrist or podiatrist by means of a false pretence an order or prescription for a Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.\n\nCh. 2 Pt 4 (Heading) amended by S.R. No. 124/2025 reg. 7.\n\n","sortOrder":44},{"sectionNumber":"Part 4","sectionType":"part","heading":"Stock food orders","content":"Part 4—Stock food orders\n\nCh. 2 Pt 4 Div. 1 (Heading) revoked by S.R. No. 124/2025 reg. 8.\n\n","sortOrder":45},{"sectionNumber":"27","sectionType":"section","heading":"Veterinary practitioner order to supply stock food containing a Schedule 4 poison","content":"\t27 Veterinary practitioner order to supply stock food containing a Schedule 4 poison\n\n(1) A veterinary practitioner who issues an order to a stock food manufacturer to supply a stock food containing a Schedule 4 poison must ensure that the order is in writing and is legible and durable and includes the following—\n\n(a) the name, address and telephone number of the veterinary practitioner issuing the order;\n\n(b) the name and address of the person who owns or has custody or care of the animals and, if different, the consignment address;\n\n(c) the species, age, breed and sex of the animals;\n\n(d) the date on which the order was written and a date not more than 3 months later, when the order expires;\n\n(e) the signature (electronic or otherwise) of the veterinary practitioner issuing the order;\n\n(f) the name and address of the stock food manufacturer;\n\n(g) the name of the Schedule 4 poison that is to be used in the manufactured stock food;\n\n(h) the final concentration of the Schedule 4 poison that is to be in the manufactured stock food;\n\n(i) the quantity of the manufactured stock food required, to a maximum quantity for supply for 3 months;\n\n(j) directions for use;\n\n(k) the time at which the stock food manufacturer is to supply the manufactured stock food containing the Schedule 4 poison.\n\n(2) A veterinary practitioner who issues a written order under subregulation (1) must keep a record of the order for a period of 3 years.\n\n(3) A veterinary practitioner who issues a written order under subregulation (1) must produce it to an authorized officer on a demand made by that officer no more than 3 years after the order was issued.\n\nCh. 2 Pt 4A (Heading) inserted by S.R. No. 124/2025 reg. 9.\n\n","sortOrder":46},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Chart instructions and Aboriginal and Torres Strait Islander health practitioner supply instructions","content":"Part 4A—Chart instructions and Aboriginal and Torres Strait Islander health practitioner supply instructions\n\nCh. 2 Pt 4 Div. 2 (Heading) renumbered as Ch. 2 Pt 4A Div. 1 (Heading) by S.R. No. 124/2025 reg. 9.\n\n","sortOrder":47},{"sectionNumber":"Div 1","sectionType":"division","heading":"Chart instructions","content":"Division 1—Chart instructions\n\n","sortOrder":48},{"sectionNumber":"28","sectionType":"section","heading":"Persons authorised to write chart instruction on hospital medication chart","content":"\t28 Persons authorised to write chart instruction on hospital medication chart\n\n(1) A person other than a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist must not write a chart instruction on a hospital medication chart for a Schedule 4 poison.\n\n(2) A person other than a registered medical practitioner, dentist, nurse practitioner or authorised midwife must not write a chart instruction on a hospital medication chart for a Schedule 8 poison.\n\n(3) Nothing in this regulation prohibits a person from writing on a hospital medication chart anything that is not a chart instruction.\n\n","sortOrder":49},{"sectionNumber":"29","sectionType":"section","heading":"Persons authorised to write chart instruction on residential medication chart","content":"\t29 Persons authorised to write chart instruction on residential medication chart\n\n(1) A person other than a registered medical practitioner, dentist, nurse practitioner, an authorised optometrist or an authorised podiatrist must not write a chart instruction on a residential medication chart for a Schedule 4 poison.\n\nReg. 29(1A) inserted by S.R. No. 73/2020 reg. 6.\n\n(1A) A person other than a registered medical practitioner, dentist or nurse practitioner must not write a chart instruction on a residential medication chart for a Schedule 8 poison.\n\n(2) Nothing in this regulation prohibits a person from writing on a residential medication chart anything that is not a chart instruction.\n\nReg. 30 (Heading) amended by S.R. No. 73/2020 reg. 7(1).\n\n","sortOrder":50},{"sectionNumber":"30","sectionType":"section","heading":"When registered medical practitioner may write chart instruction on hospital medication chart","content":"\t30 When registered medical practitioner may write chart instruction on hospital medication chart\n\nReg. 30 amended by S.R. No. 73/2020 reg. 7(2).\n\nA registered medical practitioner must not write a chart instruction for a Schedule 4 poison or Schedule 8 poison on a hospital medication chart unless—\n\n(a) the instruction is for the medical treatment of a person other than the practitioner; and\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given.\n\nReg. 30A inserted by S.R. No. 73/2020 reg. 8.\n\n","sortOrder":51},{"sectionNumber":"30A","sectionType":"section","heading":"When registered medical practitioner may write chart instruction on residential medication chart","content":"\t30A When registered medical practitioner may write chart instruction on residential medication chart\n\nA registered medical practitioner must not write a chart instruction on a residential medication chart unless—\n\n(i) the instruction is for the medical treatment of a person other than the practitioner; and\n\n(A) under the practitioner's care; and\n\n(iii) the practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison; and\n\n(b) in the case of a Schedule 4 poison that is a drug of dependence, or a Schedule 8 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given; and\n\nThis regulation prohibits a medical practitioner from writing a chart instruction on a residential medication chart for a Schedule 8 poison if the residential medication chart is in paper form.\n\nReg. 31 (Heading) amended by S.R. No. 73/2020 reg. 9(1).\n\n","sortOrder":52},{"sectionNumber":"31","sectionType":"section","heading":"When dentist may write chart instruction on hospital medication chart","content":"\t31 When dentist may write chart instruction on hospital medication chart\n\nReg. 31(1) amended by S.R. No. 73/2020 reg. 9(2).\n\n(1) A dentist must not write a chart instruction for methadone on a hospital medication chart.\n\nReg. 31(2) amended by S.R. No. 73/2020 reg. 9(3)(a).\n\n(2) A dentist must not write a chart instruction for a Schedule 4 poison or Schedule 8 poison on a hospital medication chart unless—\n\n(a) the instruction is for the dental treatment of a person other than the dentist; and\n\nReg. 31(2)(d) amended by S.R. No. 73/2020 reg. 9(3)(b).\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the dentist has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given.\n\nReg. 31A inserted by S.R. No. 73/2020 reg. 10.\n\n","sortOrder":53},{"sectionNumber":"31A","sectionType":"section","heading":"When dentist may write chart instruction on residential medication chart","content":"\t31A When dentist may write chart instruction on residential medication chart\n\n(1) A dentist must not write a chart instruction for methadone on a residential medication chart.\n\n(2) A dentist must not write a chart instruction on a residential medication chart unless—\n\n(i) the instruction is for the dental treatment of a person other than the dentist; and\n\n(A) under the dentist's care; and\n\n(iii) the dentist has taken all reasonable steps to ensure a therapeutic need exists for that poison; and\n\n(b) in the case of a Schedule 4 poison that is a drug of dependence, or a Schedule 8 poison, the dentist has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given; and\n\nThis regulation prohibits a dentist from writing a chart instruction on a residential medication chart for a Schedule 8 poison if the residential medication chart is in paper form.\n\nReg. 32 (Heading) amended by S.R. No. 73/2020 reg. 11(1).\n\n","sortOrder":54},{"sectionNumber":"32","sectionType":"section","heading":"When nurse practitioner may write chart instruction on hospital medication chart","content":"\t32 When nurse practitioner may write chart instruction on hospital medication chart\n\nReg. 32 amended by S.R. No. 73/2020 reg. 11(2).\n\nA nurse practitioner must not write a chart instruction for a Schedule 4 poison or Schedule 8 poison on a hospital medication chart unless—\n\n(a) the instruction is for the treatment of a person other than the nurse practitioner; and\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the nurse practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given.\n\nReg. 32A inserted by S.R. No. 73/2020 reg. 12.\n\n","sortOrder":55},{"sectionNumber":"32A","sectionType":"section","heading":"When nurse practitioner may write chart instruction on residential medication chart","content":"\t32A When nurse practitioner may write chart instruction on residential medication chart\n\nA nurse practitioner must not write a chart instruction on a residential medication chart unless—\n\n(i) the instruction is for the treatment of a person other than the nurse practitioner; and\n\n(A) under the nurse practitioner's care; and\n\n(iii) the nurse practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison; and\n\n(b) in the case of a Schedule 4 poison that is a drug of dependence, or a Schedule 8 poison, the nurse practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given; and\n\nThis regulation prohibits a nurse practitioner from writing a chart instruction on a residential medication chart for a Schedule 8 poison if the residential medication chart is in paper form.\n\n","sortOrder":56},{"sectionNumber":"33","sectionType":"section","heading":"When authorised midwife may write chart instruction","content":"\t33 When authorised midwife may write chart instruction\n\nAn authorised midwife must not write a chart instruction for a Schedule 4 poison or Schedule 8 poison on a hospital medication chart unless—\n\n(a) the instruction is for the midwifery treatment of a person other than the midwife; and\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given.\n\n","sortOrder":57},{"sectionNumber":"34","sectionType":"section","heading":"When authorised optometrist may write chart instruction","content":"\t34 When authorised optometrist may write chart instruction\n\nAn authorised optometrist must not write a chart instruction for a Schedule 4 poison on a hospital medication chart or residential medication chart unless—\n\n(a) the instruction is for the ocular treatment of a person other than the optometrist; and\n\n(e) if the poison is a drug of dependence, the optometrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given.\n\n","sortOrder":58},{"sectionNumber":"35","sectionType":"section","heading":"When authorised podiatrist may write chart instruction","content":"\t35 When authorised podiatrist may write chart instruction\n\nAn authorised podiatrist must not write a chart instruction for a Schedule 4 poison on a hospital medication chart or residential medication chart unless—\n\n(a) the instruction is for the podiatric treatment of a person other than the podiatrist; and\n\n(e) if the poison is a drug of dependence, the podiatrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given.\n\nCh. 2 Pt 4A Div, 2 (Heading and regs 35AA–35AI) inserted by S.R. No. 124/2025 reg. 10.\n\nDivision 2—Aboriginal and Torres Strait Islander health practitioner supply instructions\n\nReg. 35AA inserted by S.R. No. 124/2025 reg. 10.\n\n\t35AA Persons authorised to give Aboriginal and Torres Strait Islander health practitioner supply instruction\n\n(1) A person other than a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison.\n\n(2) A person other than a registered medical practitioner, a dentist, a nurse practitioner or an authorised midwife must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 8 poison.\n\nReg. 35AB inserted by S.R. No. 124/2025 reg. 10.\n\n\t35AB Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—registered medical practitioner\n\nA registered medical practitioner must not give an Aboriginal and Torres Strait Islander health practitioner  supply instruction for a Schedule 4 poison or Schedule 8 poison unless—\n\n(a) the supply instruction is for the medical treatment of a person other than the practitioner; and\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and\n\n(f) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the practitioner holds a special Schedule 8 permit that authorises the giving of the supply instruction; and\n\nReg. 35AC inserted by S.R. No. 124/2025 reg. 10.\n\n\t35AC Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—dentist\n\nA dentist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison unless—\n\n(a) the supply instruction is for the dental treatment of a person other than the dentist; and\n\n(e) the supply instruction provides only for a single supply of the poison; and\n\n(f) if the poison is a drug of dependence or a Schedule 8 poison, the dentist has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and\n\nReg. 35AD inserted by S.R. No. 124/2025 reg. 10.\n\n\t35AD Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—nurse practitioner\n\nA nurse practitioner must not give an Aboriginal and Torres Strait Islander health practitioner  supply instruction for a Schedule 4 poison or Schedule 8 poison unless—\n\n(a) the supply instruction is for the treatment of a person other than the nurse practitioner; and\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the nurse practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and\n\n(f) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the nurse practitioner holds a special Schedule 8 permit that authorises the giving of the supply instruction; and\n\nReg. 35AE inserted by S.R. No. 124/2025 reg. 10.\n\n\t35AE Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—authorised midwife\n\nAn authorised midwife must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison unless—\n\n(a) the supply instruction is for the midwifery treatment of a person other than the midwife; and\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and\n\nReg. 35AF inserted by S.R. No. 124/2025 reg. 10.\n\n\t35AF Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 poison—authorised optometrist\n\nAn authorised optometrist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison unless—\n\n(a) the supply instruction is for the ocular treatment of a person other than the optometrist; and\n\n(e) if the poison is a drug of dependence, the optometrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and\n\nReg. 35AG inserted by S.R. No. 124/2025 reg. 10.\n\n\t35AG Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 poison—authorised podiatrist\n\nAn authorised podiatrist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison unless—\n\n(a) the supply instruction is for the podiatric treatment of a person other than the podiatrist; and\n\n(e) if the poison is a drug of dependence, the podiatrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and\n\nReg. 35AH inserted by S.R. No. 124/2025 reg. 10.\n\n\t35AH Giving a written Aboriginal and Torres Strait Islander health practitioner supply instruction\n\n(1) An instructing practitioner who gives an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison, other than in the circumstances described in regulation 35AI(1), must give that supply instruction in writing.\n\n(2) An instructing practitioner who gives a written Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison must ensure that the supply instruction is in a legible and durable form.\n\n(3) An instructing practitioner who gives a written Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison must sign the supply instruction.\n\n(4) An instructing practitioner who gives a written Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison must ensure that the supply instruction specifies the following information—\n\n(a) the instructing practitioner's name, address and telephone number;\n\n(b) the name and address of the person to whom the poison is to be supplied;\n\n(c) if the supply instruction is for a Schedule 8 poison, the date of birth of the person to whom the poison is to be supplied;\n\n(d) the date on which the supply instruction is given;\n\n(e) full particulars of the poison to be supplied;\n\n(f) a statement of the quantity to be supplied, which must be written in both words and figures if the supply instruction is for a Schedule 8 poison;\n\n(g) directions for the precise dose or use and frequency of administration except in cases where—\n\n(i) because of the complexity of the dosage regimen or use, it is impracticable to do so and the instructing practitioner has separately supplied the patient with written instruction; or\n\n(ii) a variable dosage regimen is directed and a statement specifying a maximum dose and frequency of administration is included; or\n\n(iii) the administration of the poison is to be carried out by a registered medical practitioner, a pharmacist, a dentist, an authorised optometrist, an authorised podiatrist, a nurse or a registered midwife;\n\n(h) if the supply instruction is for a Schedule 8 poison which may be supplied only once, a statement, using words and not just figures, that there is to be no repeat supply;\n\n(i) if the poison may be supplied more than once, a statement in both words and figures of the maximum number of times the poison may be supplied.\n\n(5) In this regulation—\n\nReg. 35AI inserted by S.R. No. 124/2025 reg. 10.\n\n\t35AI Giving a verbal Aboriginal and Torres Strait Islander health practitioner supply instruction in an emergency\n\n(1) An instructing practitioner who gives an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison may give that supply instruction verbally if, in the opinion of the instructing practitioner, an emergency exists.\n\n(2) Within 72 hours after an instructing practitioner gives a verbal Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison, the instructing practitioner must—\n\n(a) give a written Aboriginal and Torres Strait Islander health practitioner supply instruction that confirms the verbal instruction; and\n\n(b) include that written confirmation, or provide it for inclusion, in the treatment records of the person for whose treatment the supply instruction is given.\n\n(3) In this regulation—\n\n","sortOrder":59},{"sectionNumber":"Part 5","sectionType":"part","heading":"Sale and supply by practitioners other than pharmacists","content":"Part 5—Sale and supply by practitioners other than pharmacists\n\nReg. 35A inserted by S.R. No. 126/2024 reg. 6.\n\n","sortOrder":60},{"sectionNumber":"35A","sectionType":"section","heading":"Part does not apply to drug-checking services","content":"\t35A Part does not apply to drug-checking services\n\nA reference in this Part to supply does not include supply authorised by section 20AA(1)(b) or (2)(a) or 22CD(1)(b) of the Act.\n\n","sortOrder":61},{"sectionNumber":"36","sectionType":"section","heading":"Sale or supply of Schedule 4, 8 or 9 poison—registered medical practitioner","content":"\t36 Sale or supply of Schedule 4, 8 or 9 poison—registered medical practitioner\n\nReg. 36 amended by S.R. No. 31/2018 reg. 8.\n\nA registered medical practitioner must not sell or supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—\n\n(a) that sale or supply is for medical treatment of a person—\n\n(b) the practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison; and\n\n(d) if the poison is a drug of dependence or a Schedule 8 poison or a Schedule 9 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the poison is sold or supplied; and\n\n(e) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the practitioner holds a special Schedule 8 permit that authorises that sale or supply; and\n\nReg. 36(f) amended by S.R. No. 96/2022 reg. 12.\n\n(f) in the case of a Schedule 9 poison, the practitioner holds a Schedule 9 permit, that authorises that sale or supply.\n\n1 In certain circumstances, sections 34B and 34C of the Act will also prohibit the registered medical practitioner from supplying the Schedule 8 poison without a Schedule 8 permit.\n\n2 If a registered medical practitioner holds a Schedule 9 permit, section 33C of the Act will also prohibit the practitioner from supplying the Schedule 9 poison other than for the period specified in the permit and within the quantity specified in the permit.\n\nReg. 36A inserted by S.R. No. 61/2023 reg. 10.\n\n\t36A Supply of Schedule 8 MDMA or Schedule 8 psilocybine—authorised psychedelic psychiatrist and certain registered medical practitioners\n\n(1) An authorised psychedelic psychiatrist must not supply Schedule 8 MDMA or Schedule 8 psilocybine unless the supply is to—\n\n(a) a nurse or nurse practitioner for the purpose of administering the Schedule 8 MDMA or Schedule 8 psilocybine under regulation 98B; or\n\n(b) another registered medical practitioner for the purpose of administering Schedule 8 MDMA or Schedule 8 psilocybine to a person under regulation 98A.\n\n(2) A registered medical practitioner must not supply Schedule 8 MDMA or Schedule 8 psilocybine for another person who is a participant in a clinical trial that is approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth and is approved by a human research ethics committee unless the supply is to—\n\n(a) a nurse or nurse practitioner for the purpose of administering the Schedule 8 MDMA or Schedule 8 psilocybine under regulation 98B; or\n\n(b) another registered medical practitioner for the purpose of authorising administration or administering Schedule 8 MDMA or Schedule 8 psilocybine to a person under regulation 78A or 98A.\n\n","sortOrder":62},{"sectionNumber":"37","sectionType":"section","heading":"Sale or supply of Schedule 4, 8 or 9 poison—dentist","content":"\t37 Sale or supply of Schedule 4, 8 or 9 poison—dentist\n\n(1) A dentist must not sell or supply—\n\n(a) an ovulatory stimulant; or\n\n(b) a prostaglandin; or\n\n(c) a retinoid; or\n\n(d) thalidomide; or\n\n(e) methadone.\n\n(2) A dentist must not sell or supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—\n\n(a) that sale or supply is for dental treatment of a person—\n\n(b) the dentist has taken all reasonable steps to ensure a therapeutic need exists for that poison; and\n\n(d) if the poison is a drug of dependence, a Schedule 8 poison or a Schedule 9 poison the dentist has taken all reasonable steps to ascertain the identity of the person for whose treatment the poison is sold or supplied; and\n\n(e) in the case of a Schedule 9 poison, the dentist holds a general Schedule 9 permit that authorises that sale or supply.\n\n","sortOrder":63},{"sectionNumber":"38","sectionType":"section","heading":"Sale or supply of Schedule 4, 8 or 9 poison—veterinary practitioner","content":"\t38 Sale or supply of Schedule 4, 8 or 9 poison—veterinary practitioner\n\nA veterinary practitioner must not sell or supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—\n\n(a) that sale or supply is for treatment of an animal under the veterinary practitioner's care; and\n\n(b) the animal is owned by, or is in the custody or care of, the person to whom the poison is sold or supplied; and\n\n(c) the veterinary practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison; and\n\n(d) if the poison is a drug of dependence, Schedule 8 poison or Schedule 9 poison, the veterinary practitioner has taken all reasonable steps to ascertain the identity of the person who owns or has custody or care of the animal for whose treatment the poison is sold or supplied; and\n\n(e) in the case of a Schedule 9 poison, the veterinary practitioner holds a general Schedule 9 permit that authorises that sale or supply.\n\n","sortOrder":64},{"sectionNumber":"39","sectionType":"section","heading":"Sale or supply of Schedule 4 or 8 poison—nurse practitioner or authorised registered nurse","content":"\t39 Sale or supply of Schedule 4 or 8 poison—nurse practitioner or authorised registered nurse\n\nA nurse practitioner or authorised registered nurse must not sell or supply a Schedule 4 poison or Schedule 8 poison unless—\n\n(a) that sale or supply is for treatment that is—\n\n(i) treatment of a person under the practitioner or nurse's care; and\n\n(ii) treatment of the person to whom the poison is sold or supplied; and\n\n(b) the practitioner or nurse has taken all reasonable steps to ensure a therapeutic need exists for that poison; and\n\n(d) if the poison is a drug of dependence or a Schedule 8 poison, the practitioner or nurse has taken all reasonable steps to ascertain the identity of the person for whose treatment the poison is sold or supplied; and\n\n(e) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the nurse practitioner holds a special Schedule 8 permit that authorises the sale or supply.\n\nIn certain circumstances, sections 34B and 34C of the Act will also prohibit the nurse practitioner from supplying the Schedule 8 poison without a Schedule 8 permit.\n\nReg. 39A inserted by S.R. No. 13/2021 reg. 8.\n\n","sortOrder":65},{"sectionNumber":"39A","sectionType":"section","heading":"Sale or supply of Schedule 4 or 8 poison—approved registered nurse","content":"\t39A Sale or supply of Schedule 4 or 8 poison—approved registered nurse\n\n(1) An approved registered nurse is authorised to sell or supply a Schedule 4 poison or Schedule 8 poison if—\n\n(a) that sale or supply is for treatment that is—\n\n(i) treatment of a person under the nurse's care; and\n\n(ii) treatment of the person to whom the poison is sold or supplied; and\n\n(b) the nurse has taken all reasonable steps to ensure a therapeutic need exists for that poison; and\n\n(d) if the poison is a drug of dependence or a Schedule 8 poison, the nurse has taken all reasonable steps to ascertain the identity of the person for whose treatment the poison is sold or supplied; and\n\n(e) the sale or supply is in accordance with an approval under regulation 161A.\n\n(2) An approved registered nurse must not sell or supply a Schedule 4 poison or Schedule 8 poison other than in accordance with subregulation (1).\n\n","sortOrder":66},{"sectionNumber":"40","sectionType":"section","heading":"Sale or supply of Schedule 4 or 8 poison—authorised midwife","content":"\t40 Sale or supply of Schedule 4 or 8 poison—authorised midwife\n\nAn authorised midwife must not sell or supply a Schedule 4 poison or Schedule 8 poison unless—\n\n(a) that sale or supply is for the midwifery treatment of a person under the midwife's care; and\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person for whose treatment the poison is sold or supplied.\n\nReg. 40A inserted by S.R. No. 13/2021 reg. 9.\n\n","sortOrder":67},{"sectionNumber":"40A","sectionType":"section","heading":"Sale or supply of Schedule 4 or 8 poison—approved registered midwife","content":"\t40A Sale or supply of Schedule 4 or 8 poison—approved registered midwife\n\n(1) An approved registered midwife is authorised to sell or supply a Schedule 4 poison or Schedule 8 poison if—\n\n(a) that sale or supply is for the midwifery treatment of a person under the midwife's care; and\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person for whose treatment the poison is sold or supplied; and\n\n(f) the sale or supply is in accordance with an approval under regulation 161A.\n\n(2) An approved registered midwife must not sell or supply a Schedule 4 poison or Schedule 8 poison other than in accordance with subregulation (1).\n\n","sortOrder":68},{"sectionNumber":"41","sectionType":"section","heading":"Sale or supply of Schedule 4 poison—authorised optometrist","content":"\t41 Sale or supply of Schedule 4 poison—authorised optometrist\n\nAn authorised optometrist must not sell or supply a Schedule 4 poison unless—\n\n(a) that sale or supply is for the ocular treatment of a person under the optometrist's care; and\n\n(e) if the poison is a drug of dependence, the optometrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the poison is sold or supplied.\n\n","sortOrder":69},{"sectionNumber":"42","sectionType":"section","heading":"Sale or supply of Schedule 4 poison—authorised podiatrist","content":"\t42 Sale or supply of Schedule 4 poison—authorised podiatrist\n\nAn authorised podiatrist must not sell or supply a Schedule 4 poison unless—\n\n(a) that sale or supply is for the podiatric treatment of a person under the podiatrist's care; and\n\n(e) if the poison is a drug of dependence, the podiatrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the poison is sold or supplied.\n\nReg. 42A inserted by S.R. No. 124/2025 reg. 11.\n\n","sortOrder":70},{"sectionNumber":"42A","sectionType":"section","heading":"Supply of Schedule 4 poison—registered Aboriginal and Torres Strait Islander health practitioner","content":"\t42A Supply of Schedule 4 poison—registered Aboriginal and Torres Strait Islander health practitioner\n\n(1) A registered Aboriginal and Torres Strait Islander health practitioner must not sell or supply a Schedule 4 poison other than in accordance with subregulation (2).\n\n(2) A registered Aboriginal and Torres Strait Islander health practitioner may supply a Schedule 4 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner supply instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if—\n\n(a) the supply is in accordance with—\n\n(i) that supply instruction; and\n\n(b) the supply is within 12 months after the supply instruction is given.\n\nReg. 42B inserted by S.R. No. 124/2025 reg. 11.\n\n","sortOrder":71},{"sectionNumber":"42B","sectionType":"section","heading":"Supply of Schedule 8 poison—registered Aboriginal and Torres Strait Islander health practitioner","content":"\t42B Supply of Schedule 8 poison—registered Aboriginal and Torres Strait Islander health practitioner\n\n(1) A registered Aboriginal and Torres Strait Islander health practitioner must not sell or supply a Schedule 8 poison other than in accordance with subregulation (2).\n\n(2) A registered Aboriginal and Torres Strait Islander health practitioner may supply a Schedule 8 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner supply instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner or an authorised midwife if—\n\n(a) the supply is in accordance with—\n\n(i) that supply instruction; and\n\n(b) the supply is within 6 months after the supply instruction is given.\n\nReg. 42C inserted by S.R. No. 124/2025 reg. 11.\n\n","sortOrder":72},{"sectionNumber":"42C","sectionType":"section","heading":"Restrictions on registered Aboriginal and Torres Strait Islander health practitioner supplying Schedule 4 or 8 poison","content":"\t42C Restrictions on registered Aboriginal and Torres Strait Islander health practitioner supplying Schedule 4 or 8 poison\n\n(1) A registered Aboriginal and Torres Strait Islander health practitioner must not supply a Schedule 4 poison or Schedule 8 poison on an Aboriginal and Torres Strait Islander health practitioner supply instruction if the practitioner has reason to believe that the supply instruction—\n\n(a) has been forged or is fraudulent in any way; or\n\n(b) has been altered in any way other than by, or on the instruction of, the instructing practitioner who gave the supply instruction.\n\n(2) A registered Aboriginal and Torres Strait Islander health practitioner must not supply a Schedule 4 poison or Schedule 8 poison on an Aboriginal and Torres Strait Islander health practitioner supply instruction if the supply instruction is—\n\n(a) illegible or defaced; or\n\n(b) not written in a durable form.\n\n(3) A registered Aboriginal and Torres Strait Islander health practitioner who supplies a Schedule 4 poison or Schedule 8 poison on an Aboriginal and Torres Strait Islander health practitioner supply instruction must ensure that the supply instruction is marked durably in a way that indicates—\n\n(4) In this regulation—\n\n","sortOrder":73},{"sectionNumber":"43","sectionType":"section","heading":"Poison not to be sold or supplied unless supplementary labelling requirements complied with","content":"\t43 Poison not to be sold or supplied unless supplementary labelling requirements complied with\n\n(1) A person must not sell or supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison in accordance with this Part unless the container in which the poison is packed complies with the supplementary labelling requirements.\n\nSee also section 27A of the Act.\n\n(2) Subregulation (1) does not apply to a veterinary practitioner selling or supplying a Schedule 4 poison in bulk transport for treatment of animals if the veterinary practitioner provides written instructions containing the information specified in the supplementary labelling requirements to the owner of, or the person having care or custody of, the animals.\n\n","sortOrder":74},{"sectionNumber":"44","sectionType":"section","heading":"Notification of fraudulent obtaining of poison","content":"\t44 Notification of fraudulent obtaining of poison\n\n(1) A registered medical practitioner, veterinary practitioner or dentist who suspects or has reason to believe that a person has obtained from the practitioner by means of a false pretence a Schedule 9 poison, Schedule 8 poison or Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.\n\n(2) A nurse practitioner or an authorised midwife who suspects or has reason to believe that a person has obtained from the practitioner or midwife by means of a false pretence a Schedule 8 poison or Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.\n\n(3) An authorised optometrist or authorised podiatrist who suspects or has reason to believe that a person has obtained from the optometrist or podiatrist by means of a false pretence a Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.\n\n(4) An authorised registered nurse who suspects or has reason to believe that a person has obtained from the nurse by means of a false pretence a Schedule 8 poison or Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.\n\nReg. 44(5) inserted by S.R. No. 13/2021 reg. 10.\n\n(5) An approved registered nurse or approved registered midwife who suspects or has reason to believe that a person has obtained from the nurse or midwife by means of a false pretence a Schedule 8 poison or Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.\n\nReg. 44(6) inserted by S.R. No. 124/2025 reg. 12.\n\n(6) A registered Aboriginal and Torres Strait Islander health practitioner who suspects or has reason to believe that a person has obtained from the practitioner by means of a false pretence a Schedule 8 poison or Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.\n\n","sortOrder":75},{"sectionNumber":"Part 6","sectionType":"part","heading":"Sale and supply by pharmacists","content":"Part 6—Sale and supply by pharmacists\n\nDivision 1—Circumstances of sale or supply\n\nReg. 44A inserted by S.R. No. 126/2024 reg. 7.\n\n","sortOrder":76},{"sectionNumber":"44A","sectionType":"section","heading":"Part does not apply to drug-checking services","content":"\t44A Part does not apply to drug-checking services\n\nA reference in this Part to supply does not include supply authorised by section 20AA(1)(b) or (2)(a) or 22CD(1)(b) of the Act.\n\n","sortOrder":77},{"sectionNumber":"45","sectionType":"section","heading":"Sale or supply of drug of dependence by pharmacist other than by wholesale or on prescription or chart instruction","content":"\t45 Sale or supply of drug of dependence by pharmacist other than by wholesale or on prescription or chart instruction\n\n(1) A pharmacist must not supply a drug of dependence (other than by wholesale or on a prescription or a chart instruction) unless—\n\n(a) the pharmacist has taken all reasonable steps to—\n\n(i) ascertain the identity of the person to or for whom it is proposed to supply the drug of dependence; and\n\n(ii) ensure a therapeutic need for the drug of dependence exists; and\n\n(b) the supply is only for the therapeutic use of the drug of dependence by the person to or for whom it is proposed to supply the drug of dependence.\n\n(2) A pharmacist must not supply a drug of dependence for an animal (other than by wholesale or on a prescription) unless—\n\n(a) the pharmacist has taken all reasonable steps to ensure a therapeutic need for the drug of dependence exists; and\n\n(b) the supply is only for the therapeutic use of the drug of dependence for that animal.\n\nReg. 46 substituted by S.R. No. 96/2022 reg. 13.\n\n","sortOrder":78},{"sectionNumber":"46","sectionType":"section","heading":"Wholesale supply of Schedule 9 poison by pharmacist to another pharmacist","content":"\t46 Wholesale supply of Schedule 9 poison by pharmacist to another pharmacist\n\nA pharmacist must not sell or supply a Schedule 9 poison to another pharmacist for use by the other pharmacist in the lawful practice of that pharmacist's profession unless the sale or supply is—\n\n(a) sale or supply in accordance with an instruction from a registered medical practitioner who holds a Schedule 9 permit in which the Schedule 9 poison is specified; or\n\n(b) sale or supply in accordance with an instruction from a dentist or veterinary practitioner who holds a general Schedule 9 permit in which the Schedule 9 poison is specified.\n\n","sortOrder":79},{"sectionNumber":"47","sectionType":"section","heading":"Sale or supply of Schedule 4 poison by pharmacist","content":"\t47 Sale or supply of Schedule 4 poison by pharmacist\n\n(1) A pharmacist must not sell or supply a Schedule 4 poison unless that sale or supply is—\n\n(a) subject to regulation 50, sale or supply—\n\n(i) on an original prescription of a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; or\n\n(ii) if the original prescription is required to be submitted to a public authority by any Act of a State or Territory or the Commonwealth, on a copy of a prescription referred to in subparagraph (i) certified by, or accompanied by a certification from, a pharmacist who has previously received the prescription; or\n\nReg. 47(1)(b) amended by S.R. No. 20/2023 reg. 7.\n\n(b) sale or supply in accordance with a verbal instruction given under regulation 25(1), (2) or (3) or a digital image of an original prescription transmitted under regulation 25A(1), (2) or (3).; or\n\n(c) subject to regulation 54, sale or supply to a patient in or at a hospital or day procedure centre in accordance with a chart instruction given on a hospital medication chart; or\n\n(d) subject to regulation 55, sale or supply to a resident in accordance with a chart instruction given on a residential medication chart; or\n\n(e) subject to regulation 56, sale or supply in an emergency in which the pharmacist considers it necessary to ensure continuity of treatment; or\n\n(f) subject to regulation 57, sale or supply in circumstances where the pharmacist considers it necessary to ensure continuity of treatment; or\n\nReg. 47(1)(g) substituted by S.R. No. 13/2021 reg. 11.\n\n(g) sale or supply in accordance with an order of—\n\n(v) an authorised registered nurse; or\n\n(vi) an approved registered nurse; or\n\n(vii) an authorised midwife; or\n\n(viii) an approved registered midwife; or\n\n(ix) an authorised optometrist; or\n\n(x) an authorised podiatrist; or\n\n(h) sale or supply on the order of a person holding a permit for the poison; or\n\nReg. 47(1)(i) amended by S.R. No. 105/2023 reg. 4(1).\n\n(i) sale or supply to a person referred to in Column 1 of Part 2 of the Table in regulation 7 to the extent and for the purpose referred to in Column 2 of that Part of that Table; or\n\nReg. 47(1)(j) inserted by S.R. No. 105/2023 reg. 4(2).\n\n(j) sale or supply in accordance with regulation 57A.\n\n(2) This regulation does not apply to the sale or supply of a Schedule 4 poison to another pharmacist for use by the other pharmacist in the lawful practice of that pharmacist's profession.\n\n","sortOrder":80},{"sectionNumber":"48","sectionType":"section","heading":"Sale or supply of Schedule 8 poison by pharmacist","content":"\t48 Sale or supply of Schedule 8 poison by pharmacist\n\n(1) A pharmacist must not sell or supply a Schedule 8 poison unless that sale or supply is—\n\n(a) subject to regulation 51, sale or supply—\n\n(i) on an original prescription of a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or authorised midwife; or\n\n(ii) if the original prescription is required to be submitted to a public authority by any Act of a State or Territory or the Commonwealth, on a copy of a prescription referred to in subparagraph (i) certified by, or accompanied by a certification from, a pharmacist who has previously received the prescription; or\n\nReg. 48(1)(b) amended by S.R. No. 20/2023 reg. 8.\n\n(b) sale or supply in accordance with a verbal instruction given under regulation 25(1) or (2) or a digital image of an original prescription transmitted under regulation 25A(1) or (2).; or\n\n(c) subject to regulation 54, sale or supply to a patient in or at a hospital or day procedure centre in accordance with a chart instruction given on a hospital medication chart; or\n\nReg. 48(1)(ca) inserted by S.R. No. 73/2020 reg. 13.\n\n(ca) subject to regulation 55A, sale or supply to a resident in accordance with a chart instruction given on a residential medication chart that is an electronic medication chart; or\n\nReg. 48(1)(d) substituted by S.R. No. 13/2021 reg. 12.\n\n(d) sale or supply in accordance with an order of—\n\n(v) an authorised registered nurse; or\n\n(vi) an approved registered nurse; or\n\n(vii) an authorised midwife; or\n\n(viii) an approved registered midwife; or\n\n(e) sale or supply on the order of a person holding a permit for the poison; or\n\nReg. 48(1)(ea) inserted by S.R. No. 61/2023 reg. 11.\n\n(ea) if the poison is Schedule 8 MDMA or Schedule 8 psilocybine, the sale or supply is to—\n\n(i) an authorised psychedelic psychiatrist who has—\n\n(A) issued a prescription for the Schedule 8 MDMA or Schedule 8 psilocybine and the sale or supply is on that original prescription; or\n\n(B) issued a written instruction or given a verbal instruction in respect of the Schedule 8 MDMA or Schedule 8 psilocybine; or\n\n(ii) a registered medical practitioner, nurse practitioner or nurse authorised by an authorised psychedelic psychiatrist referred to in subparagraph (i) to act on the psychiatrist's behalf; or\n\n(iii) a registered medical practitioner who has—\n\n(A) issued a prescription for the Schedule 8 MDMA or the Schedule 8 psilocybine for another person who is a participant in a clinical trial and the clinical trial is approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth and approved by a human research ethics committee and the sale or supply is on that original prescription; or\n\n(B) issued a written instruction or given a verbal instruction in respect of the Schedule 8 MDMA or Schedule 8 psilocybine for another person who is a participant in a clinical trial that is approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth and approved by a human research ethics committee; or\n\n(iv) a registered medical practitioner, nurse practitioner or nurse authorised by a registered medical practitioner referred to in subparagraph (iii) to act on the medical practitioner's behalf; or\n\n(f) sale or supply to a person referred to in Column 1 of Part 2 of the Table in regulation 7 to the extent referred to in Column 2 of that Part of that Table.\n\n(2) This regulation does not apply to the sale or supply of a Schedule 8 poison to another pharmacist for use by the other pharmacist in the lawful practice of that pharmacist's profession.\n\n","sortOrder":81},{"sectionNumber":"49","sectionType":"section","heading":"Sale or supply of Schedule 9 poison by pharmacist","content":"\t49 Sale or supply of Schedule 9 poison by pharmacist\n\nReg. 49(1) substituted by S.R. No. 96/2022 reg. 14.\n\n(1) A pharmacist must not sell or supply a Schedule 9 poison unless—\n\n(a) the sale or supply is in accordance with an instruction from a registered medical practitioner who holds a Schedule 9 permit in which the Schedule 9 poison is specified; or\n\n(b) the sale or supply is in accordance with an instruction from a dentist or veterinary practitioner who holds a general Schedule 9 permit in which the Schedule 9 poison is specified; or\n\nReg. 49(1)(c) amended by S.R. No. 20/2023 reg. 9.\n\n(c) subject to regulation 52, the sale or supply is in accordance with an original prescription or a digital image of an original prescription transmitted under regulation 25A(1) of—\n\n(i) a registered medical practitioner who holds a Schedule 9 permit in which the Schedule 9 poison is specified; or\n\n(ii) a veterinary practitioner or dentist who holds a general Schedule 9 permit in which the Schedule 9 poison is specified.\n\n(2) This regulation does not apply to the sale or supply of a Schedule 9 poison to another pharmacist for use by the other pharmacist in the lawful practice of that pharmacist's profession.\n\n","sortOrder":82},{"sectionNumber":"50","sectionType":"section","heading":"Restrictions on pharmacist selling or supplying Schedule 4 poison on prescription","content":"\t50 Restrictions on pharmacist selling or supplying Schedule 4 poison on prescription\n\n(1) This regulation applies in relation to a pharmacist selling or supplying a Schedule 4 poison on a prescription that is—\n\nReg. 50(1)(b) amended by S.R. No. 20/2023 reg. 10(1).\n\nReg. 50(2) amended by S.R. No. 20/2023 reg. 10(2).\n\n(2) A pharmacist must not sell or supply a Schedule 4 poison on a prescription if it is more than 12 months since the date stated on the prescription as the day on which the prescription was written.\n\nReg. 50(3) amended by S.R. No. 20/2023 reg. 10(3).\n\n(3) A pharmacist must not sell or supply a Schedule 4 poison on a prescription if—\n\nReg. 50(3)(ba) inserted by S.R. No. 31/2018 reg. 9.\n\n(c) the Schedule 4 poison has already been sold or supplied on that prescription in the quantity that is permitted by the instructions written on the prescription.\n\nReg. 50(4) amended by S.R. No. 20/2023 reg. 10(4).\n\n(4) Other than in the exceptional circumstances set out in regulation 53, a pharmacist must not sell or supply a Schedule 4 poison on a prescription contrary to the instructions written on the prescription, including by—\n\n(c) if the prescription specifies that only a specific brand of the poison is to be supplied, supplying a different brand.\n\n","sortOrder":83},{"sectionNumber":"51","sectionType":"section","heading":"Restrictions on pharmacist selling or supplying Schedule 8 poison on prescription","content":"\t51 Restrictions on pharmacist selling or supplying Schedule 8 poison on prescription\n\n(1) This regulation applies in relation to a pharmacist selling or supplying a Schedule 8 poison on a prescription that is—\n\nReg. 51(1)(b) amended by S.R. No. 20/2023 reg. 11(1).\n\nReg. 51(2) amended by S.R. No. 20/2023 reg. 11(2).\n\n(2) A pharmacist must not sell or supply a Schedule 8 poison in a quantity that allows for more than 2 days' treatment unless—\n\n(a) the prescription is handwritten and—\n\n(i) the pharmacist is familiar with the purported prescriber's handwriting; and\n\n(ii) the writing on the prescription is comparable to the usual writing of the purported prescriber; or\n\n(b) the pharmacist has taken all reasonable steps to verify that the prescription was written by the purported prescriber.\n\nRegulation 63 requires a pharmacist to retain a prescription for a Schedule 8 poison if the pharmacist cannot verify that the prescription was written by the purported prescriber and supplies a lesser quantity.\n\nReg. 51(3) amended by S.R. No. 20/2023 reg. 11(3).\n\n(3) A pharmacist must not sell or supply a Schedule 8 poison on a prescription if it is more than 6 months since the date stated on the prescription as the day on which the prescription was written.\n\nReg. 51(4) amended by S.R. No. 20/2023 reg. 11(4).\n\n(4) A pharmacist must not sell or supply a Schedule 8 poison on a prescription if—\n\nReg. 51(4)(ba) inserted by S.R. No. 31/2018 reg. 10.\n\n(c) the Schedule 8 poison has already been sold or supplied on that prescription in the quantity that is permitted by the instructions written on the prescription.\n\nReg. 51(5) amended by S.R. No. 20/2023 reg. 11(5).\n\n(5) Other than in the exceptional circumstances set out in regulation 53, a pharmacist must not sell or supply a Schedule 8 poison on a prescription contrary to the instructions written on the prescription, including by—\n\n(c) if the prescription specifies that only a specific brand of the poison is to be supplied, supplying a different brand.\n\n","sortOrder":84},{"sectionNumber":"52","sectionType":"section","heading":"Restrictions on pharmacist selling or supplying Schedule 9 poison on prescription","content":"\t52 Restrictions on pharmacist selling or supplying Schedule 9 poison on prescription\n\nReg. 52(1) substituted by S.R. No. 20/2023 reg. 12(1).\n\n(1) This regulation applies in relation to a pharmacist selling or supplying a Schedule 9 poison on a prescription that is—\n\nReg. 52(2) amended by S.R. No. 20/2023 reg. 12(2).\n\n(2) A pharmacist must not sell or supply a Schedule 9 poison unless—\n\n(a) the prescription is handwritten and—\n\n(i) the pharmacist is familiar with the purported prescriber's handwriting; and\n\n(ii) the writing on the prescription is comparable to the usual writing of the purported prescriber; or\n\n(b) the pharmacist has taken all reasonable steps to verify that the prescription was written by the purported prescriber.\n\nReg. 52(3) amended by S.R. No. 20/2023 reg. 12(3).\n\n(3) A pharmacist must not sell or supply a Schedule 9 poison on a prescription if it is more than 6 months since the date stated on the prescription as the day on which the prescription was written.\n\nReg. 52(4) amended by S.R. No. 20/2023 reg. 12(4).\n\n(4) A pharmacist must not sell or supply a Schedule 9 poison on a prescription if—\n\nReg. 52(4)(ba) inserted by S.R. No. 31/2018 reg. 11.\n\n(c) the Schedule 9 poison has already been sold or supplied on that prescription in the quantity that is permitted by the instructions written on the prescription.\n\nReg. 52(5) amended by S.R. No. 20/2023 reg. 12(5).\n\n(5) A pharmacist must not sell or supply a  \n","sortOrder":85},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"poison on a prescription contrary to the instructions written on the prescription, including by—","content":"Schedule 9 poison on a prescription contrary to the instructions written on the prescription, including by—\n\n(c) if the prescription specifies that only a specific brand of the poison is to be supplied, supplying a different brand.\n\n\t53 Exceptional circumstances in which pharmacist may sell or supply Schedule 4 poison or Schedule 8 poison contrary to instructions on prescription\n\nFor the purposes of regulations 50(4) and 51(5), the exceptional circumstances in which a pharmacist may sell or supply a Schedule 4 poison or Schedule 8 poison on a prescription or a copy of a prescription but contrary to the instructions written on the prescription are the following—\n\n(a) the supply is consistent with a further verbal or written instruction given by the prescriber;\n\n(b) a departure from those instructions is requested by or on behalf of the person named on the prescription and—\n\n(i) the pharmacist has taken reasonable steps to contact the prescriber but has been unable to do so; and\n\n(ii) the pharmacist is satisfied that not to depart from the prescription as requested would impose an unreasonable difficulty or inconvenience on the patient; and\n\n(iii) the pharmacist has taken all reasonable steps to ensure that supplying the poison as requested would not represent an unacceptable risk to the health and safety of the patient; and\n\n(iv) the supply does not result in the poison being provided in a quantity that is greater than the quantity requested (if any) by or on behalf of the person named in the prescription;\n\n(c) at the time that the prescription is presented, it is not reasonably practicable for the pharmacist to comply with the instructions written on the prescription and—\n\n(i) the pharmacist has taken reasonable steps to contact the prescriber but has been unable to do so; and\n\n(ii) the patient consents to the departure from the instructions; and\n\n(iii) the pharmacist has taken all reasonable steps to ensure that supplying the poison in that manner would not represent an unacceptable risk to the health and safety of the patient.\n\n1 Regulations 50(4) and 51(5) prohibit a pharmacist from selling or supplying a Schedule 4 poison or Schedule 8 poison on a prescription contrary to the instructions written on the prescription other than in the exceptional circumstances set out in this provision.\n\n2 Regulation 68 requires that the pharmacist notify the prescriber and make a record of sale or supply in the circumstances set out in paragraphs (b) and (c).\n\n\t54 Sale or supply of Schedule 4 poison or Schedule 8 poison in accordance with hospital medication chart\n\nFor the purposes of regulations 47(1)(c) and 48(1)(c), a pharmacist may supply a Schedule 4 poison or Schedule 8 poison to a patient in or at a hospital or day procedure centre in accordance with a chart instruction given on a hospital medication chart if—\n\n(a) the pharmacist has seen the material that, under regulation 45(2) of the Commonwealth Regulations, an approved supplier must see before supplying a pharmaceutical benefit on the basis of a medication chart prescription; and\n\n(b) the supply is to be undertaken by the pharmacist in the course of the pharmacist's practice at a pharmacy or pharmacy department connected to the hospital or day procedure centre.\n\nRegulation 61 requires the pharmacist to mark the hospital medication chart on supplying the poison.\n\n\t55 Sale or supply of Schedule 4 poison in accordance with residential medication chart\n\nFor the purposes of regulation 47(1)(d), a pharmacist may supply a Schedule 4 poison to a resident in accordance with a chart instruction given on a residential medication chart if the pharmacist has seen the material that, under regulation 45(2) of the Commonwealth Regulations, an approved supplier must see before supplying a pharmaceutical benefit on a medication chart prescription.\n\nRegulation 62 requires the pharmacist to mark the residential medication chart on supplying the poison.\n\nReg. 55A inserted by S.R. No. 73/2020 reg. 14.\n\n\t55A Sale or supply of Schedule 8 poison in accordance with residential medication chart that is an electronic medication chart\n\nFor the purposes of regulation 48(1)(ca), a pharmacist may supply a Schedule 8 poison to a resident in accordance with a chart instruction given on a residential medication chart that is an electronic medication chart, if the pharmacist has seen the material that, under regulation 45(2) of the Commonwealth Regulations, an approved supplier must see before supplying a pharmaceutical benefit on a medication chart prescription.\n\n\t56 Sale or supply of Schedule 4 poison by pharmacist in emergency\n\nFor the purposes of regulation 47(1)(e), a pharmacist may sell or supply a Schedule 4 poison without a prescription in an emergency if—\n\n(a) the pharmacist considers that the sale or supply is necessary to ensure continuity of treatment; and\n\n(b) the pharmacist is satisfied that—\n\n(i) there is an immediate need for the poison and it is impracticable for the patient to obtain a prescription in time to meet that need; and\n\nReg. 56(b)(ii) amended by S.R. No. 31/2018 reg. 12.\n\n(ii) treatment with the poison has previously been provided for by a prescription issued, or a chart instruction written for the patient by a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; and\n\n(iii) the patient, or an agent of the patient, or a person who has the care of the patient, or a person who is assisting in the care of the patient, is aware of the appropriate dose of that poison for that patient; and\n\n(c) the quantity supplied does not exceed—\n\n(i) 3 days' supply; or\n\n(ii) if it is not practical to supply a quantity required for 3 days, the smallest commercially available pack; and\n\n(d) the sale or supply would not continue treatment that has already been continued by the pharmacist selling or supplying the poison to the patient under this regulation.\n\n\t57 Sale or supply of Schedule 4 poison by pharmacist for continuity of treatment\n\nFor the purposes of regulation 47(1)(f), a pharmacist may sell or supply a Schedule 4 poison to a person without a prescription if—\n\n(a) the pharmacist considers that the sale or supply is necessary to ensure continuity of treatment; and\n\nReg. 57(b) amended by S.R. No. 112/2022 reg. 6.\n\n(b) the Schedule 4 poison is listed in the National Health (Continued Dispensing) Determination 2022; and\n\nReg. 57(c) amended by S.R. No. 112/2022 reg. 6.\n\n(c) the sale or supply complies with the conditions in the National Health (Continued Dispensing) Determination 2022; and\n\n(d) the Minister has approved under regulation 159 the sale or supply of that poison without a prescription; and\n\n(e) the pharmacist has not previously sold or supplied the Schedule 4 poison to the patient in accordance with this regulation in the previous 12 months.\n\nReg. 57A inserted by S.R. No. 105/2023 reg. 5.\n\n\t57A Sale or supply of Schedule 4 poison by pharmacist for treatment of a person under the pharmacist's care without prescription or other instruction or authorisation\n\nFor the purposes of regulation 47(1)(j), a pharmacist may sell or supply a Schedule 4 poison without a prescription or other instruction or authorisation referred to in regulation 47(1)(a) to (i) if—\n\n(a) that sale or supply is for treatment of a person—\n\n(i) under the pharmacist's care; and\n\n(b) the pharmacist has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(c) the Secretary has approved the poison under regulation 163A(1); and\n\n(d) the sale or supply complies with the conditions specified in the approval (if any).\n\n","sortOrder":86},{"sectionNumber":"58","sectionType":"section","heading":"Poison not to be sold or supplied unless supplementary labelling requirements complied with","content":"\t58 Poison not to be sold or supplied unless supplementary labelling requirements complied with\n\n(1) A pharmacist must not sell or supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison in accordance with this Part unless the container in which the poison is packed complies with the supplementary labelling requirements.\n\nSee also section 27A of the Act.\n\n(2) Subregulation (1) does not apply to sale or supply by wholesale.\n\n(3) Subregulation (1) does not apply to sale or supply of a Schedule 4 poison—\n\n(a) in accordance with an order of a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; or\n\n(b) on the order of a person holding a permit for the poison; or\n\n(c) to a person referred to in Column 1 of Part 2 of the Table in regulation 7 to the extent and for the purpose referred to in Column 2 of that Part of that Table.\n\n(4) Subregulation (1) does not apply to sale or supply of a Schedule 8 poison—\n\n(a) in accordance with an order of a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or authorised midwife; or\n\n(b) on the order of a person holding a permit for the poison; or\n\n(c) to a person referred to in Column 1 of Part 2 of the Table in regulation 7 to the extent referred to in Column 2 of that Part of that Table.\n\nDivision 2—Duties of pharmacist relating to sale or supply\n\n","sortOrder":87},{"sectionNumber":"59","sectionType":"section","heading":"Division does not authorise supply on copy of prescription","content":"\t59 Division does not authorise supply on copy of prescription\n\nNothing in this Division authorises a pharmacist to supply a Schedule 4 poison or Schedule 8 poison on a copy of a prescription.\n\nProvisions in Division 1 of this Part authorise pharmacists to sell or supply Schedule 4 poisons and Schedule 8 poisons on copies of prescriptions in certain circumstances. See regulations 47(1)(a)(ii) and 48(1)(a)(ii).\n\n","sortOrder":88},{"sectionNumber":"60","sectionType":"section","heading":"Pharmacist must mark prescription","content":"\t60 Pharmacist must mark prescription\n\n(1) A pharmacist who supplies a Schedule 4 poison or Schedule 8 poison on a prescription or a copy of a prescription must ensure that the prescription or copy is marked in a durable form in a way that indicates—\n\n(2) A pharmacist who supplies a Schedule 9 poison on a prescription must ensure that the prescription is marked in a durable form in a way that indicates—\n\n","sortOrder":89},{"sectionNumber":"61","sectionType":"section","heading":"Pharmacist must mark hospital medication chart after supplying Schedule 4 or 8 poison on chart instruction","content":"\t61 Pharmacist must mark hospital medication chart after supplying Schedule 4 or 8 poison on chart instruction\n\nA pharmacist who supplies a Schedule 4 poison or Schedule 8 poison on a chart instruction given on a hospital medication chart must ensure that the chart is marked durably in a way that indicates—\n\nReg. 62 (Heading) amended by S.R. No. 73/2020 reg. 15(1).\n\n","sortOrder":90},{"sectionNumber":"62","sectionType":"section","heading":"Pharmacist must mark residential medication chart after supplying Schedule 4 or 8 poison on chart instruction","content":"\t62 Pharmacist must mark residential medication chart after supplying Schedule 4 or 8 poison on chart instruction\n\nReg. 62 amended by S.R. No. 73/2020 reg. 15(2).\n\nA pharmacist who supplies a Schedule 4 poison or Schedule 8 poison on a chart instruction given on a residential medication chart must ensure that the chart is marked durably in a way that indicates—\n\n","sortOrder":91},{"sectionNumber":"63","sectionType":"section","heading":"Pharmacist must retain prescription for Schedule 8 poison when supplying without verifying the prescriber","content":"\t63 Pharmacist must retain prescription for Schedule 8 poison when supplying without verifying the prescriber\n\nA pharmacist who supplies a Schedule 8 poison in a quantity that allows for not more than 2 days' treatment must retain the prescription if the pharmacist—\n\n(a) does not recognise the handwriting in which the prescription is written as being the purported prescriber's handwriting; and\n\n(b) after taking reasonable steps, cannot verify that the prescription was written by the purported prescriber.\n\n","sortOrder":92},{"sectionNumber":"64","sectionType":"section","heading":"Pharmacist must retain or further mark prescriptions for Schedule 8 poisons","content":"\t64 Pharmacist must retain or further mark prescriptions for Schedule 8 poisons\n\n(1) This regulation applies if a pharmacist supplies a Schedule 8 poison in accordance with any of the following—\n\n(a) a prescription;\n\n(b) a copy of a prescription;\n\n(c) an order of a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or an authorised midwife.\n\n(2) If the prescription, copy or order does not authorise any further quantity of the Schedule 8 poison, the pharmacist must—\n\n(a) retain, in a manner that maintains its integrity—\n\n(i) the prescription, copy or order; or\n\n(ii) if the pharmacist is required, by an Act of a State, a Territory or the Commonwealth, to submit the prescription, copy or order to a public authority, a legible copy of it; or\n\n(b) if there are other poisons or controlled substances that may still be legally supplied on the prescription, copy or order, ensure that it is durably marked in such a way that it can be clearly seen that further supplies of the Schedule 8 poison are not allowed.\n\n","sortOrder":93},{"sectionNumber":"65","sectionType":"section","heading":"Pharmacist must retain or further mark prescriptions for Schedule 9 poisons","content":"\t65 Pharmacist must retain or further mark prescriptions for Schedule 9 poisons\n\nIf a pharmacist supplies a Schedule 9 poison on a prescription or order of a registered medical practitioner, veterinary practitioner or dentist and the prescription or order does not authorise any further quantity of the Schedule 9 poison, the pharmacist must—\n\n(a) retain the prescription or order in a manner that maintains its integrity; or\n\n(b) if there are other poisons or controlled substances that may still be legally supplied on the prescription or order, ensure that it is durably marked in such a way that it can be clearly seen that further supplies of the Schedule 9 poison are not allowed.\n\n","sortOrder":94},{"sectionNumber":"66","sectionType":"section","heading":"Manner of retention of prescriptions retained after last supply is made","content":"\t66 Manner of retention of prescriptions retained after last supply is made\n\n(1) A pharmacist who retains a prescription, a copy of a prescription, or an order under regulation 64(2)(a) or 65 must retain it—\n\n(a) on a file kept solely for the purpose of retaining prescriptions, copies or orders; and\n\n(b) for a period of 3 years from the date of the supply in respect of which it is required to be retained.\n\n(2) A pharmacist must produce a prescription, a copy of a prescription, or an order referred to in subregulation (1) on demand to an authorized officer.\n\n","sortOrder":95},{"sectionNumber":"67","sectionType":"section","heading":"Pharmacist must produce prescriptions kept under Commonwealth Regulations","content":"\t67 Pharmacist must produce prescriptions kept under Commonwealth Regulations\n\nA pharmacist who is required by the Commonwealth Regulations to retain a prescription for a Schedule 4 poison must  \n\nproduce the prescription on demand to an authorized officer.\n\n","sortOrder":96},{"sectionNumber":"68","sectionType":"section","heading":"Pharmacist must notify prescriber if prescription departed from","content":"\t68 Pharmacist must notify prescriber if prescription departed from\n\nA pharmacist who sells or supplies a Schedule 4 poison or Schedule 8 poison on a prescription or a copy of a prescription but contrary to the instructions written on the prescription in the exceptional circumstances set out in regulation 53(b) or (c) must—\n\n(a) inform the prescriber about the sale or supply as soon as practicable after the poison is sold or supplied; and\n\n(b) make a record to confirm that the exceptional circumstances in regulation 53(b) or (c) existed in relation to that supply.\n\n","sortOrder":97},{"sectionNumber":"69","sectionType":"section","heading":"Notification of fraudulent obtaining of poison","content":"\t69 Notification of fraudulent obtaining of poison\n\nA pharmacist who suspects or has reason to believe that a person has obtained or attempted to obtain from the pharmacist by means of a false pretence a Schedule 9 poison, Schedule 8 poison or Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.\n\n","sortOrder":98},{"sectionNumber":"70","sectionType":"section","heading":"Pharmacist must notify different authorised prescribers of similar supply of certain Schedule 4 or 8 poisons","content":"\t70 Pharmacist must notify different authorised prescribers of similar supply of certain Schedule 4 or 8 poisons\n\n(1) This regulation applies in relation to a prescription, or a copy of a prescription, for the treatment of a person (the ***patient***) with a poison (the ***specified poison***) that is—\n\n(a) a Schedule 4 poison that is also a drug of dependence; or\n\n(b) a Schedule 8 poison.\n\n(2) If a pharmacist who is presented with the prescription or copy has reason to believe that the patient was supplied in the last 8 weeks with the same specified poison, or a similar poison or controlled substance, on a prescription or copy written by a different prescriber, the pharmacist must, as soon as practicable after being presented with the prescription or copy, take all reasonable steps to inform the person who wrote the current prescription of that previous supply unless the pharmacist has reason to believe that person is already aware.\n\n(3) If a pharmacist who is presented with the prescription or copy is at that time also presented with another prescription or copy for the treatment of the patient with the same specified poison, or a similar poison or controlled substance, and that other prescription or copy is written by a different prescriber, the pharmacist must, as soon as practicable after being presented with the prescription, take all reasonable steps to inform the persons who wrote each prescription of the presentation of both prescriptions unless the pharmacist has reason to believe each of those persons is already aware.\n\n","sortOrder":99},{"sectionNumber":"71","sectionType":"section","heading":"Pharmacist must notify different authorised prescribers of similar supply—Schedule 9 poisons","content":"\t71 Pharmacist must notify different authorised prescribers of similar supply—Schedule 9 poisons\n\n(1) This regulation applies in relation to a prescription for the treatment of a person (the ***patient***) with a Schedule 9 poison (the ***specified poison***).\n\n(2) If a pharmacist who is presented with the prescription has reason to believe that the patient was supplied in the last 8 weeks with the same specified poison, or a similar poison or controlled substance, on a prescription written by a different prescriber, the pharmacist must, as soon as practicable after being presented with the prescription, take all reasonable steps to inform the person who wrote the current prescription of that previous supply unless the pharmacist has reason to believe that person is already aware.\n\n(3) If a pharmacist who is presented with the prescription is at that time also presented with another prescription for the treatment of the patient with the same specified poison, or a similar poison or controlled substance, and that other prescription is written by a different prescriber, the pharmacist must, as soon as practicable after being presented with the prescription, take all reasonable steps to inform the persons who wrote each prescription of the presentation of both prescriptions unless the pharmacist has reason to believe each of those persons is already aware.\n\nPart 7—Labelling and storage\n\nDivision 1—Labelling\n\n\t72 Supplementary labelling requirements\n\nThe supplementary labelling requirements for the sale or supply of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison are that the container in which the poison is packed must be labelled—\n\n(a) if the poison is for the treatment of an animal—\n\n(i) with the species, age, breed and sex of the animal; and\n\n(ii) with the name of the person who owns or has custody or care of the animal; and\n\n(b) with the date of the making of a record of the sale or supply as required by Part 13; and\n\n(c) with the directions for use unless—\n\n(i) the poison is being sold or supplied by a pharmacist on a prescription and directions for use have not been included on the prescription; or\n\n(ii) the dosage regimen or directions for use are so complex that the person supplying the poison has also supplied the patient with separate written instructions; or\n\nReg. 72(c)(iii) amended by S.R. No. 124/2025 reg. 13.\n\n(iii) the poison is being supplied for the purpose of it being administered by a registered medical practitioner, dentist, veterinary practitioner, nurse practitioner, authorised midwife, authorised optometrist, authorised podiatrist, nurse, registered midwife or registered Aboriginal and Torres Strait Islander health practitioner.\n\nDivision 2—Storage\n\n","sortOrder":100},{"sectionNumber":"73","sectionType":"section","heading":"General security requirement—Schedule 4 poisons","content":"\t73 General security requirement—Schedule 4 poisons\n\n(a) a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; and\n\nReg. 73(1)(b) amended by S.R. No. 126/2024 reg. 8.\n\n(b) a person holding a licence, permit (other than a drug-checking permit) or warrant to manufacture, sell, supply, purchase or otherwise obtain, possess, administer or use a Schedule 4 poison; and\n\nReg. 73(1)(c) amended by S.R. No. 13/2021 reg. 13(1).\n\n(c) a nurse or registered midwife authorised under regulation 8 to be in possession of a Schedule 4 poison; and\n\nReg. 73(1)(d) inserted by S.R. No. 13/2021 reg. 13(2), amended by S.R. No. 124/2025 reg. 14(1).\n\n(d) an approved registered nurse or approved registered midwife authorised under regulation 8A to be in possession of a Schedule 4 poison; and\n\nReg. 73(1)(e) inserted by S.R. No. 124/2025 reg. 14(2).\n\n(e) a registered Aboriginal and Torres Strait Islander health practitioner authorised under regulation 8B(1) to be in possession of a Schedule 4 poison.\n\nReg. 73(2) substituted by S.R. No. 13/2021 reg. 13(3).\n\n(2) A person to whom this regulation applies must store in a lockable storage facility any Schedule 4 poisons that the person possesses (other than in accordance with items 5, 8, 9 or 10 in Part 1 of the Table in regulation 7).\n\n(3) A person to whom this regulation applies must take all reasonable steps to ensure that the storage facility referred to in subregulation (2) remains locked and secured to prevent access by a person not authorised by the Act or these Regulations at all times, except—\n\n(a) when it is necessary to open it to carry out an essential operation in connection with the poisons stored in it; or\n\nReg. 73(3)(b) substituted by S.R. No. 13/2021 reg. 13(4).\n\n(b) in the case of poisons stored in accordance with subregulation (4)(a) or (b), when any of the following is present—\n\n(ii) a veterinary practitioner;\n\n(iii) a dentist;\n\n(iv) a nurse practitioner;\n\n(v) a nurse who is authorised under regulation 8(1)(a);\n\n(vi) an authorised registered nurse;\n\n(vii) an approved registered nurse;\n\n(viii) a midwife who is authorised under regulation 8(1)(a);\n\n(ix) an authorised midwife;\n\n(x) an approved registered midwife;\n\n(xi) an authorised optometrist;\n\n(xii) an authorised podiatrist;\n\nReg. 73 (3)(b)(xiii) amended by S.R. No. 124/2025 reg. 14(3).\n\n(xiii) a pharmacist;\n\nReg. 73 (3)(b)(xiv) inserted by S.R. No. 124/2025 reg. 14(4).\n\n(xiv) a registered Aboriginal and Torres Strait Islander health practitioner.\n\n(4) Despite subregulations (2) and (3), a person to whom this regulation applies may store Schedule 4 poisons at the premises in which the person carries out the lawful practice of the person's profession in—\n\n(a) the dispensing area or pharmacy department of the premises; or\n\n(b) the treatment room of the premises; or\n\nReg. 73(4)(c) substituted by S.R. No. 13/2021 reg. 13(5).\n\n(c) in an area separated from the remainder of the premises to which only the following persons have access—\n\n(ii) a pharmacist;\n\n(iii) a veterinary practitioner;\n\n(iv) a dentist;\n\n(v) a nurse practitioner;\n\n(vi) an authorised registered nurse;\n\n(vii) an approved registered nurse;\n\n(viii) an authorised midwife;\n\n(ix) an approved registered midwife;\n\n(x) an authorised optometrist;\n\nReg. 73 (4)(c)(xi) amended by S.R. No. 124/2025 reg. 14(5).\n\n(xi) an authorised podiatrist;\n\nReg. 73 (4)(c)(xii) inserted by S.R. No. 124/2025 reg. 14(6).\n\n(xii) a registered Aboriginal and Torres Strait Islander health practitioner.\n\n","sortOrder":101},{"sectionNumber":"74","sectionType":"section","heading":"Storage of Schedule 8 and 9 poisons and drugs of dependence","content":"\t74 Storage of Schedule 8 and 9 poisons and drugs of dependence\n\n(a) a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner or authorised midwife; and\n\nReg. 74(1)(b) amended by S.R. No. 126/2024 reg. 9.\n\n(b) a person holding a licence, permit (other than a drug-checking permit) or warrant to manufacture, sell, supply, purchase or otherwise obtain, possess, administer or use a Schedule 8 poison or a Schedule 9 poison; and\n\nReg. 74(1)(c) amended by S.R. No. 13/2021 reg. 14(1).\n\n(c) a nurse or registered midwife authorised under regulation 8 to be in possession of a Schedule 8 poison or a Schedule 9 poison; and\n\nReg. 74(1)(d) inserted by S.R. No. 13/2021 reg. 14(2), amended by S.R. No. 124/2025 reg. 15(1).\n\n(d) an approved registered nurse or approved registered midwife authorised under regulation 8A to be in possession of a Schedule 8 poison; and\n\nReg. 74(1)(e) inserted by S.R. No. 124/2025 reg. 15(2).\n\n(e) a registered Aboriginal and Torres Strait Islander health practitioner who is authorised under regulation 8B(2) to be in possession of a Schedule 8 poison.\n\nReg. 74(2) amended by S.R. No. 13/2021 reg. 14(3).\n\n(2) Subject to subregulation (3), a person to whom this regulation applies must store any Schedule 8 poisons or Schedule 9 poisons that the person possesses (other than in accordance with items 6, 7, 8 or 9 in Part 1 of the Table in regulation 7) in a lockable storage facility that provides security at least equivalent to a storage facility that is—\n\n(a) constructed of mild steel plate of 10 mm thickness; and\n\n(b) constructed with continuous welding of all edges; and\n\n(c) fitted with a door constructed of mild steel plate of 10 mm thickness, swung on hinges welded to the door and body of the cabinet, the door being flush fitting with a clearance around the door of not more than 1·5 mm; and\n\n(d) fitted with a fixed locking bar, welded to the inside face of the door near the hinge edge, which engages in a rebate when the door is closed; and\n\n(e) fitted with a 6 lever lock securely affixed to the rear face of the door; and\n\n(f) securely attached to a wall or floor in such a manner that it will resist attack by hand tools for 30 minutes or power tools for 5 minutes.\n\n(3) Electronic storage and recording equipment may be used as a storage facility for Schedule 8 poisons if—\n\n(a) the person providing the storage facility—\n\n(i) holds a permit for the provision of health services under the Act and treats patients on-site; or\n\n(ii) is a pharmacist practising in a pharmacy co-located with a health services permit holder providing health services under the Act and treating patients on-site; and\n\n(b) the person has determined that use of the electronic storage and recording equipment provides at least equivalent security as that provided for under subregulation (2); and\n\n(c) the person provides electronic storage and recording equipment where—\n\n(i) access to the equipment is restricted to persons who are given access rights for Schedule 8 poisons by the system administrator; and\n\n(ii) access is restricted to the Schedule 8 poisons specified by the person given access rights; and\n\n(iii) in-built features of the equipment that record and report access, attempted access and discrepancies are turned on; and\n\n(iv) the equipment gives visual, electronic or audible alerts if it is left open, damaged or disconnected from the power supply; and\n\n(v) the equipment automatically locks if the power is disconnected; and\n\n(vi) the equipment generates reports or notices for the system administrator to track discrepancies and security breaches such as unauthorised movement or forced entry.\n\n(4) For the purpose of preventing unauthorised access to Schedule 8 poisons and Schedule 9 poisons, a person to whom this regulation applies must take all reasonable steps to ensure that the storage facility remains locked and secured at all times, except when it is necessary to open it to carry out an essential operation in connection with the poisons stored in it.\n\n(5) A person to whom this regulation applies must take all reasonable steps to ensure that the storage facility referred to in subregulation (2) is used only for the storage of Schedule 8 poisons, Schedule 9 poisons and drugs of dependence.\n\nReg. 74(6) substituted by S.R. No. 13/2021 reg. 14(4).\n\n(6) A person to whom this regulation applies must keep each Schedule 8 poison or Schedule 9 poison that—\n\n(a) the person possesses (other than in accordance with items 6, 7, 8 or 9 in Part 1 of the Table in regulation 7); and\n\n(b) is being transported for use in another place—\n\nin a locked storage facility which is secured to prevent unauthorised access to those poisons.\n\n(7) Despite subregulation (2), a person to whom this regulation applies may keep a Schedule 8 poison in divided doses in a lockable storage facility that does not meet the requirements of subregulation (2) for use in an emergency if the total number of divided doses of Schedule 8 poisons in that facility does not exceed 6.\n\nReg. 75 (Heading) substituted by S.R. No. 13/2021 reg. 15(1).\n\n","sortOrder":102},{"sectionNumber":"75","sectionType":"section","heading":"Storage requirements for aged care providers and other authorised persons","content":"\t75 Storage requirements for aged care providers and other authorised persons\n\nReg. 75(1) substituted by S.R. No. 13/2021 reg. 15(2).\n\n(a) a person who—\n\n(i) is referred to in Column 1 of Part 2 of the Table in regulation 7; and\n\n(ii) possesses a Schedule 4 poison or Schedule 8 poison in accordance with that Part of that Table; and\n\n(b) an approved provider of an aged care service who possesses a Schedule 4 poison or Schedule 8 poison that has been supplied to a resident in that service on a prescription or a chart instruction.\n\nReg. 75(2) amended by S.R. No. 13/2021 reg. 15(3).\n\n(2) A person to whom this regulation applies must store each Schedule 4 poison that the person possesses as described in subregulation (1) in a lockable storage facility.\n\nReg. 75(3) amended by S.R. No. 13/2021 reg. 15(4).\n\n(3) A person to whom this regulation applies must store each Schedule 8 poison that the person possesses as described in subregulation (1) in a lockable room or in a lockable storage facility which is firmly fixed to a floor or wall.\n\n(4) For the purpose of preventing unauthorised access to Schedule 4 poisons and Schedule 8 poisons, a person to whom this regulation applies must take all reasonable steps to ensure that the storage facilities for Schedule 4 poisons and Schedule 8 poisons remain locked and secured at all times, except when it is necessary to open them to carry out an essential operation in connection with the poisons stored in them.\n\n","sortOrder":103},{"sectionNumber":"76","sectionType":"section","heading":"Additional security provisions required in certain circumstances","content":"\t76 Additional security provisions required in certain circumstances\n\n(1) Subject to subregulation (2), the Secretary may—\n\n(a) direct in writing a person to whom regulation 73, 74 or 75 applies to provide more secure storage for Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons than that described in regulations 73, 74 and 75; or\n\n(b) grant an approval in writing for a person to store substances other than Schedule 8 poisons or Schedule 9 poisons in the same storage facility as Schedule 8 poisons or Schedule 9 poisons.\n\n(2) Before giving a direction or granting approval under subregulation (1) the Secretary—\n\n(a) must have regard to—\n\n(i) the nature and quantity of the poisons or controlled substances being stored; and\n\n(ii) the location, layout and construction of the storage facility and the premises; and\n\n(iii) the warning devices and detectors with which the storage facility and premises are equipped; and\n\n(iv) the number and frequency of transactions; and\n\n(v) the number of persons requiring access; and\n\n(b) may have regard to any other factors the Secretary considers relevant in the circumstances.\n\n(3) A person who is directed by the Secretary to provide more secure storage under subregulation (1)(a) must provide that secure storage.\n\n","sortOrder":104},{"sectionNumber":"Part 8","sectionType":"part","heading":"Authorising administration","content":"Part 8—Authorising administration\n\n","sortOrder":105},{"sectionNumber":"77","sectionType":"section","heading":"Persons who may authorise administration","content":"\t77 Persons who may authorise administration\n\n(1) A person other than a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist must not authorise the administration of a Schedule 4 poison.\n\n(2) A person other than a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or authorised midwife must not authorise the administration of a Schedule 8 poison.\n\n(3) A person other than a registered medical practitioner, veterinary practitioner or dentist must not authorise the administration of a Schedule 9 poison.\n\n","sortOrder":106},{"sectionNumber":"78","sectionType":"section","heading":"Authorising administration of Schedule 4, 8 or 9 poison—registered medical practitioner","content":"\t78 Authorising administration of Schedule 4, 8 or 9 poison—registered medical practitioner\n\nA registered medical practitioner must not authorise the administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—\n\n(a) the administration is for the medical treatment of a person other than the practitioner; and\n\n(b) that person is under the practitioner's care; and\n\n(e) if the poison is a drug of dependence, a Schedule 8 poison or a Schedule 9 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\n(f) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the practitioner holds a special Schedule 8 permit that authorises the giving of the authorisation; and\n\nReg. 78(g) substituted by S.R. No. 96/2022 reg. 15, amended by S.R. No. 124/2025 reg. 16(1).\n\n(g) in the case of a Schedule 9 poison, the practitioner holds a Schedule 9 permit that authorises the practitioner to supply or administer the poison; and\n\nReg. 78(h) inserted by S.R. No. 124/2025 reg. 16(2).\n\n(h) in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison or Schedule 8 poison, the Secretary has approved the poison under regulation 161F.\n\nReg. 78A inserted by S.R. No. 61/2023 reg. 12.\n\n\t78A Authorising administration of Schedule 8 MDMA or Schedule 8 psilocybine—authorised psychedelic psychiatrist and certain registered medical practitioners\n\n(1) An authorised psychedelic psychiatrist must not authorise the administration of Schedule 8 MDMA or Schedule 8 psilocybine unless—\n\n(a) the administration is for the medical treatment of a person other than the psychiatrist; and\n\n(b) that person is under the psychiatrist's care; and\n\n(c) the psychiatrist has taken all reasonable steps to ensure a therapeutic need exists for that poison; and\n\n(e) the psychiatrist has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\n(f) the psychiatrist has complied with regulation 17A.\n\n(2) A registered medical practitioner must not authorise the administration of Schedule 8 MDMA or Schedule 8 psilocybine to a participant in a clinical trial that is approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth and approved by a human research ethics committee unless—\n\n(a) the medical practitioner is not the participant in the clinical trial; and\n\n(b) the administration is for the purpose of the clinical trial; and\n\n(c) the participant is under the medical practitioner's care; and\n\n(d) the administration is authorised not merely for the purpose of supporting the drug dependence of the participant; and\n\n(e) the medical practitioner has taken all reasonable steps to ascertain the identity of the participant to whom the poison is to be administered; and\n\n(f) the medical practitioner has complied with regulation 17A.\n\n","sortOrder":107},{"sectionNumber":"79","sectionType":"section","heading":"Authorising administration of Schedule 4, 8 or 9 poison—dentist","content":"\t79 Authorising administration of Schedule 4, 8 or 9 poison—dentist\n\n(1) A dentist must not authorise the administration of methadone.\n\n(2) A dentist must not authorise the administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—\n\n(a) the administration is for the dental treatment of a person other than the dentist; and\n\n(b) that person is under the dentist's care; and\n\n(e) if the poison is a drug of dependence, a Schedule 8 poison or a Schedule 9 poison, the dentist has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\nReg. 79(2)(f) amended by S.R. No. 124/2025 reg. 17(1).\n\n(f) in the case of a Schedule 9 poison, the dentist holds a general Schedule 9 permit that authorises the giving of the authorisation; and\n\nReg. 79(2)(g) inserted by S.R. No. 124/2025 reg. 17(2).\n\n(g) in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison or Schedule 8 poison, the Secretary has approved the poison under regulation 161F.\n\n","sortOrder":108},{"sectionNumber":"80","sectionType":"section","heading":"Authorising administration of Schedule 4 or 8 poison—nurse practitioner","content":"\t80 Authorising administration of Schedule 4 or 8 poison—nurse practitioner\n\nA nurse practitioner must not authorise the administration of a Schedule 4 poison or Schedule 8 poison unless—\n\n(a) the administration is for the treatment of a person other than the nurse practitioner; and\n\n(b) that person is under the nurse practitioner's care; and\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the nurse practitioner has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\nReg. 80(f) amended by S.R. No. 124/2025 reg. 18(1).\n\n(f) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the nurse practitioner holds a special Schedule 8 permit that authorises the giving of the authorisation; and\n\nReg. 80(g) inserted by S.R. No. 124/2025 reg. 18(2).\n\n(g) in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison or Schedule 8 poison, the Secretary has approved the poison under regulation 161F.\n\n","sortOrder":109},{"sectionNumber":"81","sectionType":"section","heading":"Authorising administration of Schedule 4 or 8 poison—authorised midwife","content":"\t81 Authorising administration of Schedule 4 or 8 poison—authorised midwife\n\nAn authorised midwife must not authorise the administration of a Schedule 4 poison or Schedule 8 poison unless—\n\n(a) the administration is for the midwifery treatment of a person other than the midwife; and\n\n(b) that person is under the midwife's care; and\n\nReg. 81(e) amended by S.R. No. 124/2025 reg. 19(1).\n\n(e) if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\nReg. 81(f) inserted by S.R. No. 124/2025 reg. 19(2).\n\n(f) in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison or Schedule 8 poison, the Secretary has approved the poison under regulation 161F.\n\n","sortOrder":110},{"sectionNumber":"82","sectionType":"section","heading":"Authorising administration of Schedule 4 poison—authorised optometrist","content":"\t82 Authorising administration of Schedule 4 poison—authorised optometrist\n\nAn authorised optometrist must not authorise the administration of a Schedule 4 poison unless—\n\n(a) the administration is for the ocular treatment of a person other than the optometrist; and\n\n(b) that person is under the optometrist's care; and\n\nReg. 82(e) amended by S.R. No. 124/2025 reg. 20(1).\n\n(e) if the poison is a drug of dependence, the optometrist has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\nReg. 82(f) inserted by S.R. No. 124/2025 reg. 20(2).\n\n(f) in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison, the Secretary has approved the poison under regulation 161F.\n\n","sortOrder":111},{"sectionNumber":"83","sectionType":"section","heading":"Authorising administration of Schedule 4 poison—authorised podiatrist","content":"\t83 Authorising administration of Schedule 4 poison—authorised podiatrist\n\nAn authorised podiatrist must not authorise the administration of a Schedule 4 poison unless—\n\n(a) the administration is for the podiatric treatment of a person other than the podiatrist; and\n\n(b) that person is under the podiatrist's care; and\n\nReg. 83(e) amended by S.R. No. 124/2025 reg. 21(1).\n\n(e) if the poison is a drug of dependence, the podiatrist has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\nReg. 83(f) inserted by S.R. No. 124/2025 reg. 21(2).\n\n(f) in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison, the Secretary has approved the poison under regulation 161F.\n\nReg. 84 substituted by S.R. No. 124/2025 reg. 22.\n\n\t84 How registered medical practitioner or dentist must authorise administration of Schedule 4, 8 or 9 poison—written authorisation\n\n(1) A registered medical practitioner or dentist who authorises the administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to a person, other than in the circumstances described in regulation 84A(1) or (2), must provide that authorisation in writing.\n\n(2) A registered medical practitioner or dentist who provides a written authorisation for the administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must ensure that the authorisation is in a legible and durable form that names the person to whom the poison is to be administered.\n\n(3) A registered medical practitioner or dentist who provides a written authorisation for the administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must date and confirm the authorisation with the practitioner's or dentist's signature.\n\nReg. 84A inserted by S.R. No. 124/2025 reg. 22.\n\n\t84A How registered medical practitioner or dentist must authorise administration of Schedule 4, 8 or 9 poison—verbal authorisation in emergency\n\n(1) A registered medical practitioner or dentist who authorises the administration of a Schedule 9 poison to a person may give that authorisation verbally to a nurse, registered midwife or pharmacist if, in the opinion of the registered medical practitioner or dentist, an emergency exists.\n\n(2) A registered medical practitioner or dentist who authorises the administration of a Schedule 4 poison or Schedule 8 poison to a person may give that authorisation verbally to a nurse, registered midwife, pharmacist or registered Aboriginal and Torres Strait Islander health practitioner if, in the opinion of the registered medical practitioner or dentist, an emergency exists.\n\n(3) As soon as practicable after a registered medical practitioner or dentist gives a verbal authorisation as described in subregulation (1) or (2), the registered medical practitioner or dentist must—\n\n(b) include that written confirmation, or provide it for inclusion, in the treatment records of the person for whose treatment the authorisation is given.\n\nReg. 85 substituted by S.R. No. 124/2025 reg. 23.\n\n\t85 How nurse practitioner or authorised midwife must authorise administration of Schedule 4 or 8 poison—written authorisation\n\n(1) A nurse practitioner or an authorised midwife who authorises the administration of a Schedule 4 poison or Schedule 8 poison to a person, other than in the circumstances described in regulation 85A(1), must provide that authorisation in writing.\n\n(2) A nurse practitioner or an authorised midwife who provides a written authorisation for the administration of a Schedule 4 poison or Schedule 8 poison must ensure that the authorisation is in a legible and durable form that names the person to whom the poison is to be administered.\n\n(3) A nurse practitioner or an authorised midwife who provides a written authorisation for the administration of a Schedule 4 poison or Schedule 8 poison must date and confirm the authorisation with the practitioner's or midwife's signature.\n\nReg. 85A inserted by S.R. No. 124/2025 reg. 23.\n\n\t85A How nurse practitioner or authorised midwife must authorise administration of Schedule 4 or 8 poison—verbal instruction in emergency\n\n(1) A nurse practitioner or an authorised midwife who authorises the administration of a Schedule 4 poison or Schedule 8 poison to a person may give that authorisation verbally to a nurse, registered midwife, pharmacist or registered Aboriginal and Torres Strait Islander health practitioner if, in the opinion of the nurse practitioner or authorised midwife, an emergency exists.\n\n(2) As soon as practicable after a nurse practitioner or an authorised midwife gives a verbal authorisation as described in subregulation (1), the nurse practitioner or authorised midwife must—\n\n(b) include that written confirmation, or provide it for inclusion, in the treatment records of the person for whose treatment the authorisation is given.\n\nReg. 86 substituted by S.R. No. 124/2025 reg. 24.\n\n\t86 How authorised optometrist or authorised podiatrist must authorise administration of Schedule 4 poison—written authorisation\n\n(1) An authorised optometrist or authorised podiatrist who authorises the administration of a Schedule 4 poison to a person, other than in the circumstances described in regulation 86A(1), must provide that authorisation in writing.\n\n(2) An authorised optometrist or authorised podiatrist who provides a written authorisation for the administration of a Schedule 4 poison must ensure that the authorisation is in a legible and durable form that names the person to whom the poison is to be administered.\n\n(3) An authorised optometrist or authorised podiatrist who provides a written authorisation for the administration of a Schedule 4 poison must date and confirm the authorisation with the optometrist's or podiatrist's signature.\n\nReg. 86A inserted by S.R. No. 124/2025 reg. 24.\n\n\t86A How authorised optometrist or authorised podiatrist must authorise administration of Schedule 4 poison—verbal instruction in emergency\n\n(1) An authorised optometrist or authorised podiatrist who authorises the administration of a Schedule 4 poison to a person may give that authorisation verbally to a nurse, registered midwife, pharmacist or registered Aboriginal and Torres Strait Islander health practitioner if, in the opinion of the authorised optometrist or authorised podiatrist, an emergency exists.\n\n(2) As soon as practicable after an authorised optometrist or authorised podiatrist gives a verbal authorisation as described in subregulation (1), the authorised optometrist or authorised podiatrist must—\n\n(b) include that written confirmation, or provide it for inclusion, in the treatment records of the person for whose treatment the authorisation is given.\n\n","sortOrder":112},{"sectionNumber":"Part 9","sectionType":"part","heading":"Administration by practitioners other than pharmacists","content":"Part 9—Administration by practitioners other than pharmacists\n\n","sortOrder":113},{"sectionNumber":"87","sectionType":"section","heading":"Part not to apply to self-administration","content":"\t87 Part not to apply to self-administration\n\nNothing in this Part applies in relation to  \nself-administration.\n\n","sortOrder":114},{"sectionNumber":"88","sectionType":"section","heading":"Administration of Schedule 4, 8 or 9 poison—registered medical practitioner","content":"\t88 Administration of Schedule 4, 8 or 9 poison—registered medical practitioner\n\nA registered medical practitioner must not administer a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—\n\n(a) the poison is administered for the treatment of a person other than the practitioner; and\n\n(b) the poison is for the medical treatment of a person under the practitioner's care; and\n\n(c) the practitioner has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(d) if the poison was supplied for the treatment of a specific person, the administration is for the treatment of that person; and\n\n(f) if the poison is a drug of dependence, a Schedule 8 poison or a Schedule 9 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\n(g) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the practitioner holds a special Schedule 8 permit that authorises the administration; and\n\nReg. 88(h) amended by S.R. No. 96/2022 reg. 16.\n\n(h) in the case of a Schedule 9 poison, the practitioner holds a Schedule 9 permit, that authorises the administration.\n\nIf a registered medical practitioner holds a Schedule 9 permit, section 33C of the Act will also prohibit the practitioner from administering the Schedule 9 poison other than for the period specified in the permit and within the quantity specified in the permit.\n\n","sortOrder":115},{"sectionNumber":"89","sectionType":"section","heading":"Administration of Schedule 4, 8 or 9 poison—dentist","content":"\t89 Administration of Schedule 4, 8 or 9 poison—dentist\n\n(1) A dentist must not administer methadone.\n\n(2) A dentist must not administer a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—\n\n(a) the poison is administered for the treatment of a person other than the dentist; and\n\n(b) the poison is for the dental treatment of a person under the dentist's care; and\n\n(c) the dentist has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(d) if the poison was supplied for the treatment of a specific person, the administration is for the treatment of that person; and\n\n(f) if the poison is a drug of dependence, a Schedule 8 poison or a Schedule 9 poison, the dentist has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\n(g) in the case of a Schedule 9 poison, the dentist holds a general Schedule 9 permit that authorises the administration.\n\n","sortOrder":116},{"sectionNumber":"90","sectionType":"section","heading":"Administration of Schedule 4, 8 or 9 poison—veterinary practitioner","content":"\t90 Administration of Schedule 4, 8 or 9 poison—veterinary practitioner\n\nA veterinary practitioner must not administer a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—\n\n(a) the poison is for the treatment of an animal under the veterinary practitioner's care; and\n\n(b) the veterinary practitioner has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(c) if the poison was supplied for the treatment of a specific animal, the administration is for the treatment of that animal; and\n\n(d) if the poison is a drug of dependence, a Schedule 8 poison or a Schedule 9 poison, the veterinary practitioner has taken all reasonable steps to ascertain the identity of the person who owns or has custody or care of the animal for whose treatment the poison is administered; and\n\n(e) in the case of a Schedule 9 poison, the veterinary practitioner holds a general Schedule 9 permit that authorises the administration.\n\n","sortOrder":117},{"sectionNumber":"91","sectionType":"section","heading":"Administration of Schedule 4, 8 or 9 poison—nurse practitioner","content":"\t91 Administration of Schedule 4, 8 or 9 poison—nurse practitioner\n\n(1) A nurse practitioner must not administer a Schedule 4 poison other than in accordance with subregulation (3) or regulation 96(3).\n\nRegulation 96(3) authorises a nurse to administer a Schedule 4 poison in certain circumstances. If a nurse is a nurse practitioner, the nurse practitioner may administer a Schedule 4 poison in those circumstances as a nurse.\n\n(2) A nurse practitioner must not administer a Schedule 8 poison other than in accordance with subregulation (3) or regulation 97(3).\n\nRegulation 97(3) authorises a nurse to administer a Schedule 8 poison in certain circumstances. If a nurse is a nurse practitioner, the nurse practitioner may administer a Schedule 8 poison in those circumstances as a nurse.\n\n(3) A nurse practitioner may administer a Schedule 4 poison or Schedule 8 poison if—\n\n(a) the poison is administered for the treatment of a person other than the nurse practitioner; and\n\n(b) the poison is for the treatment of a person under the nurse practitioner's care; and\n\n(c) the nurse practitioner has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(d) if the poison was supplied for the treatment of a specific person, the administration is for the treatment of that person; and\n\n(f) if the poison is a drug of dependence or a Schedule 8 poison, the nurse practitioner has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\n(g) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the nurse practitioner holds a special Schedule 8 permit that authorises the administration.\n\nIn certain circumstances, sections 34B and 34C of the Act will also prohibit the nurse practitioner from administering the Schedule 8 poison without a Schedule 8 permit.\n\n(4) A nurse practitioner must not administer a Schedule 9 poison other than in accordance with regulation 98(3).\n\nRegulation 98(3) authorises a nurse to administer a Schedule 9 poison in certain circumstances. If a nurse is a nurse practitioner, the nurse practitioner may administer a Schedule 9 poison in those circumstances as a nurse.\n\n","sortOrder":118},{"sectionNumber":"92","sectionType":"section","heading":"Administration of Schedule 4, 8 or 9 poison—authorised registered nurse","content":"\t92 Administration of Schedule 4, 8 or 9 poison—authorised registered nurse\n\n(1) An authorised registered nurse must not administer a Schedule 4 poison other than in accordance with subregulation (3) or regulation 96(3).\n\nRegulation 96(3) authorises a nurse to administer a Schedule 4 poison in certain circumstances. An authorised registered nurse may administer a Schedule 4 poison in those circumstances as a nurse.\n\n(2) An authorised registered nurse must not administer a Schedule 8 poison other than in accordance with subregulation (3) or regulation 97(3).\n\nRegulation 97(3) authorises a nurse to administer a Schedule 8 poison in certain circumstances. An authorised registered nurse may administer a Schedule 8 poison in those circumstances as a nurse.\n\nReg. 92(3) amended by S.R. No. 31/2018 reg. 13.\n\n(3) An authorised registered nurse may administer a Schedule 4 poison or Schedule 8 poison if—\n\n(a) the poison is administered for the treatment of a person other than the nurse; and\n\n(b) the poison is for the treatment of a person under the nurse's care; and\n\n(c) the nurse has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(d) if the poison was supplied for the treatment of a specific person, the administration is for the treatment of that person; and\n\n(f) if the poison is a drug of dependence or a Schedule 8 poison, the nurse has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered.\n\n(4) An authorised registered nurse must not administer a Schedule 9 poison other than in accordance with regulation 98(3).\n\nRegulation 98(3) authorises a nurse to administer a Schedule 9 poison in certain circumstances. An authorised registered nurse may administer a Schedule 9 poison in those circumstances as a nurse.\n\nReg. 92A inserted by S.R. No. 13/2021 reg. 16.\n\n","sortOrder":119},{"sectionNumber":"92A","sectionType":"section","heading":"Administration of Schedule 4, 8 or 9 poison—approved registered nurse","content":"\t92A Administration of Schedule 4, 8 or 9 poison—approved registered nurse\n\n(1) An approved registered nurse must not administer a Schedule 4 poison other than in accordance with subregulation (3) or regulation 96(3).\n\nRegulation 96(3) authorises a nurse to administer a Schedule 4 poison in certain circumstances. An approved registered nurse may administer a Schedule 4 poison in those circumstances as a nurse.\n\n(2) An approved registered nurse must not administer a Schedule 8 poison other than in accordance with subregulation (3) or regulation 97(3).\n\nRegulation 97(3) authorises a nurse to administer a Schedule 8 poison in certain circumstances. An approved registered nurse may administer a Schedule 8 poison in those circumstances as a nurse.\n\n(3) An approved registered nurse is authorised to administer a Schedule 4 poison or Schedule 8 poison if—\n\n(a) the poison is administered for the treatment of a person other than the nurse; and\n\n(b) the poison is for the treatment of a person under the nurse's care; and\n\n(c) the nurse has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(d) if the poison was supplied for the treatment of a specific person, the administration is for the treatment of that person; and\n\n(f) if the poison is a drug of dependence or a Schedule 8 poison, the nurse has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\n(g) the administration is in accordance with an approval under regulation 161A.\n\n(4) An approved registered nurse must not administer a Schedule 9 poison other than in accordance with regulation 98(3).\n\nRegulation 98(3) authorises a nurse to administer a Schedule 9 poison in certain circumstances. An approved registered nurse may administer a Schedule 9 poison in those circumstances as a nurse.\n\n","sortOrder":120},{"sectionNumber":"93","sectionType":"section","heading":"Administration of Schedule 4, 8 or 9 poison—authorised midwife","content":"\t93 Administration of Schedule 4, 8 or 9 poison—authorised midwife\n\n(1) An authorised midwife must not administer a Schedule 4 poison other than in accordance with subregulation (3) or regulation 96(3).\n\nRegulation 96(3) authorises a registered midwife to administer a Schedule 4 poison in certain circumstances. An authorised midwife may administer a Schedule 4 poison in those circumstances as a registered midwife.\n\n(2) An authorised midwife must not administer a Schedule 8 poison other than in accordance with subregulation (3) or regulation 97(3).\n\nRegulation 97(3) authorises a registered midwife to administer a Schedule 8 poison in certain circumstances. An authorised midwife may administer a Schedule 8 poison in those circumstances as a registered midwife.\n\n(3) An authorised midwife may administer a Schedule 4 poison or Schedule 8 poison if—\n\n(a) the poison is administered for the treatment of a person other than the midwife; and\n\n(b) the poison is for the midwifery treatment of a person under the midwife's care; and\n\n(c) the midwife has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(d) if the poison was supplied for the treatment of a specific person, the administration is for the treatment of that person; and\n\n(f) if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered.\n\n(4) An authorised midwife must not administer a Schedule 9 poison other than in accordance with regulation 98(3).\n\nRegulation 98(3) authorises a registered midwife to administer a Schedule 9 poison in certain circumstances. An authorised midwife may administer a Schedule 9 poison in those circumstances as a registered midwife.\n\nReg. 93A inserted by S.R. No. 13/2021 reg. 17.\n\n","sortOrder":121},{"sectionNumber":"93A","sectionType":"section","heading":"Administration of Schedule 4, 8 or 9 poison—approved registered midwife","content":"\t93A Administration of Schedule 4, 8 or 9 poison—approved registered midwife\n\n(1) An approved registered midwife must not administer a Schedule 4 poison other than in accordance with subregulation (3) or regulation 96(3).\n\nRegulation 96(3) authorises a registered midwife to administer a Schedule 4 poison in certain circumstances. An approved registered midwife may administer a Schedule 4 poison in those circumstances as a registered midwife.\n\n(2) An approved registered midwife must not administer a Schedule 8 poison other than in accordance with subregulation (3) or regulation 97(3).\n\nRegulation 97(3) authorises a registered midwife to administer a Schedule 8 poison in certain circumstances. An approved registered midwife may administer a Schedule 8 poison in those circumstances as a registered midwife.\n\n(3) An approved registered midwife is authorised to administer a Schedule 4 poison or Schedule 8 poison if—\n\n(a) the poison is administered for the treatment of a person other than the midwife; and\n\n(b) the poison is for the midwifery treatment of a person under the midwife's care; and\n\n(c) the midwife has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(d) if the poison was supplied for the treatment of a specific person, the administration is for the treatment of that person; and\n\n(f) if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\n(g) the administration is in accordance with an approval under regulation 161A.\n\n(4) An approved registered midwife must not administer a Schedule 9 poison other than in accordance with regulation 98(3).\n\nRegulation 98(3) authorises a registered midwife to administer a Schedule 9 poison in certain circumstances. An approved registered midwife may administer a Schedule 9 poison in those circumstances as a registered midwife.\n\n","sortOrder":122},{"sectionNumber":"94","sectionType":"section","heading":"Administration of Schedule 4 poison—authorised optometrist","content":"\t94 Administration of Schedule 4 poison—authorised optometrist\n\nAn authorised optometrist must not administer a Schedule 4 poison unless—\n\n(a) the poison is administered for the treatment of a person other than the optometrist; and\n\n(b) the poison is for the ocular treatment of a person under the optometrist's care; and\n\n(c) the optometrist has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(d) if the poison was supplied for the treatment of a specific person, the administration is for the treatment of that person; and\n\n(f) if the poison is a drug of dependence, the optometrist has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered.\n\n","sortOrder":123},{"sectionNumber":"95","sectionType":"section","heading":"Administration of Schedule 4 poison—authorised podiatrist","content":"\t95 Administration of Schedule 4 poison—authorised podiatrist\n\nAn authorised podiatrist must not administer a Schedule 4 poison unless—\n\n(a) the poison is administered for the treatment of a person other than the podiatrist; and\n\n(b) the poison is for the podiatric treatment of a person under the podiatrist's care; and\n\n(c) the podiatrist has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(d) if the poison was supplied for the treatment of a specific person, the administration is for the treatment of that person; and\n\n(f) if the poison is a drug of dependence, the podiatrist has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered.\n\n","sortOrder":124},{"sectionNumber":"96","sectionType":"section","heading":"Administration of Schedule 4 poison—nurse or registered midwife","content":"\t96 Administration of Schedule 4 poison—nurse or registered midwife\n\nReg. 96(1) amended by S.R. No. 13/2021 reg. 18(1).\n\n(1) A nurse (other than a nurse practitioner, authorised registered nurse or approved registered nurse) must not administer a Schedule 4 poison other than in accordance with subregulation (3).\n\nReg. 96(2) amended by S.R. No. 13/2021 reg. 18(2).\n\n(2) A registered midwife (other than an authorised midwife or approved registered midwife) must not administer a Schedule 4 poison other than in accordance with subregulation (3).\n\n(3) A nurse or registered midwife may administer a Schedule 4 poison—\n\nReg. 96(3)(a) amended by S.R. No. 13/2021 reg. 18(3).\n\n(a) in accordance with the directions for use on the container of the poison supplied by a registered medical practitioner, pharmacist, dentist, nurse practitioner, an authorised registered nurse, an approved registered nurse, an authorised midwife, an approved registered midwife, an authorised optometrist or an authorised podiatrist; or\n\nReg. 96(3)(b) amended by S.R. No. 124/2025 reg. 25(1).\n\n(b) on a verbal authorisation under regulation 84A(2), 85A(1) or 86A(1); or\n\nReg. 96(3)(c) amended by S.R. No. 124/2025 reg. 25(2).\n\n(c) on a written authorisation under regulation 84(1), 85(1) or 86(1) within 12 months of the authorisation being given; or\n\n(d) on a written transcript of a verbal authorisation referred to in paragraph (b) that is given to another nurse or registered midwife; or\n\nReg. 96(3)(e) substituted by S.R. No. 178/2018 reg. 7.\n\n(i) regulation 8(1) authorises the nurse or registered midwife to possess the poison; and\n\n(ii) the administration is for the treatment of a patient under the nurse or registered midwife's care; or\n\nReg. 96(3)(f) inserted by S.R. No. 178/2018 reg. 7, amended by S.R. No. 174/2021 reg. 7(1).\n\n(f) if the nurse is a person referred to in Column 1 of item 24A or 24C of the Table in regulation 7, for the purpose set out in Column 2 of that item.\n\nNote to reg. 96(3)(f) substituted by S.R. No. 174/2021 reg. 7(2).\n\nItem 24A refers to persons employed or engaged by the holder of a non-emergency patient transport service licence to provide medical care to patients of that service. Item 24C refers to persons employed or engaged by the holder of certain first aid service licences to provide first aid to patients of that service.\n\n","sortOrder":125},{"sectionNumber":"97","sectionType":"section","heading":"Administration of Schedule 8 poison—nurse or registered midwife","content":"\t97 Administration of Schedule 8 poison—nurse or registered midwife\n\nReg. 97(1) amended by S.R. Nos 178/2018 reg. 8(1), 13/2021 reg. 19(1).\n\n(1) A nurse (other than a nurse practitioner, authorised registered nurse or approved registered nurse) must not administer a Schedule 8 poison other than in accordance with subregulation (3).\n\nReg. 97(2) amended by S.R. No. 13/2021 reg. 19(2).\n\n(2) A registered midwife (other than an authorised midwife or approved registered midwife) must not administer a Schedule 8 poison other than in accordance with subregulation (3).\n\n(3) A nurse or registered midwife may administer a Schedule 8 poison—\n\nReg. 97(3)(a) amended by S.R. No. 13/2021 reg. 19(3).\n\n(a) in accordance with the directions for use on the container of the poison supplied by a registered medical practitioner, pharmacist, dentist, nurse practitioner, an authorised registered nurse, an approved registered nurse, an authorised midwife, or an approved registered midwife; or\n\nReg. 97(3)(b) amended by S.R. No. 124/2025 reg. 26(1).\n\n(b) on a verbal authorisation under regulation 84A(2) or 85A(1); or\n\nReg. 97(3)(c) amended by S.R. No. 124/2025 reg. 26(2).\n\n(c) on a written authorisation under regulation 84(1) or 85(1) within 6 months of the authorisation being given; or\n\n(d) on a written transcript of a verbal authorisation referred to in paragraph (b) that is given to another nurse or registered midwife; or\n\nReg. 97(3)(e) substituted by S.R. No. 178/2018 reg. 8(2).\n\n(i) regulation 8(2) authorises the nurse or registered midwife to possess the poison; and\n\n(ii) the administration is for the treatment of a patient under the nurse or registered midwife's care.\n\n","sortOrder":126},{"sectionNumber":"98","sectionType":"section","heading":"Administration of Schedule 9 poison—nurse or registered midwife","content":"\t98 Administration of Schedule 9 poison—nurse or registered midwife\n\nReg. 98(1) amended by S.R. Nos 178/2018 reg. 9(1), 13/2021 reg. 20(1).\n\n(1) A nurse (other than a nurse practitioner, authorised registered nurse or approved registered nurse) must not administer a Schedule 9 poison other than in accordance with subregulation (3).\n\nReg. 98(2) amended by S.R. No. 13/2021 reg. 20(2).\n\n(2) A registered midwife (other than an authorised midwife or approved registered midwife) must not administer a Schedule 9 poison other than in accordance with subregulation (3).\n\n(3) A nurse or registered midwife may administer a Schedule 9 poison—\n\n(a) in accordance with the directions for use on the container of the poison supplied by a registered medical practitioner, dentist or pharmacist; or\n\nReg. 98(3)(b) amended by S.R. No. 124/2025 reg. 27(1).\n\n(b) on a verbal authorisation under regulation 84A(1); or\n\nReg. 98(3)(c) amended by S.R. No. 124/2025 reg. 27(2).\n\n(c) on a written authorisation under regulation 84(1) within 6 months of the authorisation being given; or\n\n(d) on a written transcript of a verbal authorisation referred to in paragraph (b) that is given to another nurse or registered midwife; or\n\nReg. 98(3)(e) substituted by S.R. No. 178/2018 reg. 9(2).\n\n(i) regulation 8(3) authorises the nurse or registered midwife to possess the poison; and\n\n(ii) the administration is for the treatment of a patient under the nurse or registered midwife's care.\n\nReg. 98A inserted by S.R. No. 61/2023 reg. 13.\n\n\t98A Administration of Schedule 8 MDMA or Schedule 8 psilocybine—authorised psychedelic psychiatrists and certain registered medical practitioners\n\n(1) An authorised psychedelic psychiatrist must not administer Schedule 8 MDMA or Schedule 8 psilocybine unless—\n\n(a) the administration is for the medical treatment of a person other than the psychiatrist; and\n\n(b) that person is under the psychiatrist's care; and\n\n(c) the psychiatrist has taken all reasonable steps to ensure a therapeutic need exists for the Schedule 8 MDMA or Schedule 8 psilocybine; and\n\n(d) the administration is not merely for the purpose of supporting the drug dependence of a person; and\n\n(e) the psychiatrist has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and\n\n(f) the psychiatrist has complied with regulation 17A.\n\n(2) A registered medical practitioner must not administer Schedule 8 MDMA or Schedule 8 psilocybine—\n\n(i) the administration is to a participant in a clinical trial that is approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth and approved by a human research ethics committee; and\n\n(ii) the medical practitioner is not the participant in the clinical trial; and\n\n(iii) the administration is for the purpose of the clinical trial; and\n\n(iv) the participant is under the medical practitioner's care; and\n\n(v) the administration is not merely for the purpose of supporting the drug dependence of the participant; and\n\n(vi) the medical practitioner has taken all reasonable steps to ascertain the identity of the participant to whom the Schedule 8 MDMA or Schedule 8 psilocybine is to be administered; and\n\n(vii) the medical practitioner has complied with regulation 17A; or\n\n(b) unless—\n\n(i) the medical practitioner is authorised to do so under regulation 78A(1); and\n\n(ii) the Schedule 8 MDMA or Schedule 8 psilocybine is administered for the treatment of another person; and\n\n(iii) the Schedule 8 MDMA or Schedule 8 psilocybine is administered not merely for the purpose of supporting the drug dependence of that person; and\n\n(iv) the medical practitioner has taken all reasonable steps to ascertain the identity of the person to whom the Schedule 8 MDMA or Schedule 8 psilocybine is to be administered.\n\nReg. 98B inserted by S.R. No. 61/2023 reg. 13.\n\n","sortOrder":127},{"sectionNumber":"98B","sectionType":"section","heading":"Administration of Schedule 8 MDMA or Schedule 8 psilocybine—nurse or nurse practitioner","content":"\t98B Administration of Schedule 8 MDMA or Schedule 8 psilocybine—nurse or nurse practitioner\n\nA nurse or nurse practitioner must not administer Schedule 8 MDMA or Schedule 8 psilocybine—\n\n(i) the nurse or nurse practitioner is authorised to do so under regulation 78A(1); and\n\n(ii) the Schedule 8 MDMA or Schedule 8 psilocybine is administered for the treatment of another person; and\n\n(iii) the Schedule 8 MDMA or Schedule 8 psilocybine is administered not merely for the purpose of supporting the drug dependence of that person; and\n\n(iv) the nurse or nurse practitioner has taken all reasonable steps to ascertain the identity of the person to whom the Schedule 8 MDMA or Schedule 8 psilocybine is to be administered; or\n\n(b) unless—\n\n(i) the administration is to a participant in a clinical trial that is approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth and approved by a human research ethics committee; and\n\n(ii) the nurse or nurse practitioner is authorised to do so under regulation 78A(2); and\n\n(iii) the nurse or nurse practitioner is not the participant in the clinical trial; and\n\n(iv) the administration is for the purpose of the clinical trial; and\n\n(v) the administration is not merely for the purpose of supporting the drug dependence of the participant; and\n\n(vi) the nurse or nurse practitioner has taken all reasonable steps to ascertain the identity of the participant to whom the Schedule 8 MDMA or Schedule 8 psilocybine is to be administered.\n\nReg. 98C inserted by S.R. No. 124/2025 reg. 28.\n\n","sortOrder":128},{"sectionNumber":"98C","sectionType":"section","heading":"Administration of Schedule 4 poison—registered Aboriginal and Torres Strait Islander health practitioner","content":"\t98C Administration of Schedule 4 poison—registered Aboriginal and Torres Strait Islander health practitioner\n\n(1) A registered Aboriginal and Torres Strait Islander health practitioner must not administer a Schedule 4 poison other than in accordance with subregulation (2).\n\n(2) A registered Aboriginal and Torres Strait Islander health practitioner may administer a Schedule 4 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the administration is—\n\n(a) in accordance with—\n\n(i) that administration instruction; and\n\n(b) within 12 months after the administration instruction is given.\n\nReg. 98D inserted by S.R. No. 124/2025 reg. 28.\n\n","sortOrder":129},{"sectionNumber":"98D","sectionType":"section","heading":"Administration of Schedule 8 poison—registered Aboriginal and Torres Strait Islander health practitioner","content":"\t98D Administration of Schedule 8 poison—registered Aboriginal and Torres Strait Islander health practitioner\n\n(1) A registered Aboriginal and Torres Strait Islander health practitioner must not administer a Schedule 8 poison other than in accordance with subregulation (2).\n\n(2) A registered Aboriginal and Torres Strait Islander health practitioner may administer a Schedule 8 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner or an authorised midwife if the administration is—\n\n(a) in accordance with—\n\n(i) that administration instruction; and\n\n(b) within 6 months after the administration instruction is given.\n\n","sortOrder":130},{"sectionNumber":"Part 10","sectionType":"part","heading":"Administration by pharmacists","content":"Part 10—Administration by pharmacists\n\n","sortOrder":131},{"sectionNumber":"99","sectionType":"section","heading":"Administration of Schedule 4 poison by pharmacist","content":"\t99 Administration of Schedule 4 poison by pharmacist\n\nA pharmacist must not administer a Schedule 4 poison—\n\n(a) except in accordance with the original prescription of a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; or\n\n(b) except, if the original prescription is required to be submitted to a public authority by any Act of a State or Territory or the Commonwealth, on a copy of a prescription referred to in paragraph (a) certified by, or accompanied by a certification from, a pharmacist who has previously received the prescription; or\n\nReg. 99(c) substituted by S.R. No. 105/2023 reg. 6.\n\n(c) except in accordance with regulation 99A; or\n\nReg. 99(ca) inserted by S.R. No. 105/2023 reg. 6.\n\n(ca) except in accordance with regulation 99B; or\n\nReg. 99(d) amended by S.R. No. 124/2025 reg. 29(1).\n\n(d) except on a verbal authorisation under regulation 84A(2), 85A(1) or 86A(1); or\n\nReg. 99(e) amended by S.R. No. 124/2025 reg. 29(2).\n\n(e) except on a written authorisation under regulation 84(1), 85(1) or 86(1) within 12 months of the authorisation being given.\n\nReg. 99A inserted by S.R. No. 105/2023 reg. 7.\n\n","sortOrder":132},{"sectionNumber":"99A","sectionType":"section","heading":"Circumstances in which pharmacist may administer Schedule 4 poison to a person without instruction","content":"\t99A Circumstances in which pharmacist may administer Schedule 4 poison to a person without instruction\n\nFor the purposes of regulation 99(c), a pharmacist may administer a Schedule 4 poison without an instruction from a registered medical practitioner, a dentist, a nurse practitioner or an authorised midwife if—\n\n(a) the pharmacist has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(b) the Secretary has approved the poison under regulation 163(1); and\n\n(c) the administration complies with the conditions specified in the approval (if any).\n\nReg. 99B inserted by S.R. No. 105/2023 reg. 7.\n\n\t99B Circumstances in which pharmacist may administer Schedule 4 poison for treatment of a person under the pharmacist's care without prescription or other instruction or authorisation\n\nFor the purposes of regulation 99(ca), a pharmacist may administer a Schedule 4 poison without a prescription or other instruction or authorisation  from a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist if—\n\n(a) the poison is administered for the treatment of a person other than the pharmacist; and\n\n(b) the poison is for the treatment of a person under the pharmacist's care; and\n\n(c) the pharmacist has taken all reasonable steps to ensure a therapeutic need exists for the poison; and\n\n(d) the Secretary has approved the poison under regulation 163A(1); and\n\n(e) the administration complies with the conditions specified in the approval (if any).\n\nReg. 100 amended by S.R. No. 61/2023 reg. 14(1)(2) (ILA s. 39B(2)).\n\n","sortOrder":133},{"sectionNumber":"100","sectionType":"section","heading":"Administration of Schedule 8 poison by pharmacist","content":"\t100 Administration of Schedule 8 poison by pharmacist\n\n(1) A pharmacist must not administer a Schedule 8 poison (other than Schedule 8 MDMA or Schedule 8 psilocybine) except—\n\n(a) in accordance with the original prescription of a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or authorised midwife; or\n\n(b) if the original prescription is required to be submitted to a public authority by any Act of a State or Territory or the Commonwealth, on a copy of a prescription referred to in paragraph (a) certified by, or accompanied by a certification from, a pharmacist who has previously received the prescription; or\n\nReg. 100(1)(c) amended by S.R. No. 124/2025 reg. 30(1).\n\n(c) on a verbal authorisation under regulation 84A(2) or 85A(1); or\n\nReg. 100(1)(d) amended by S.R. No. 124/2025 reg. 30(2).\n\n(d) on a written authorisation under regulation 84(1) or 85(1) within 6 months of the authorisation being given.\n\nReg. 100(2) inserted by S.R. No. 61/2023 reg. 14(2).\n\n(2) A pharmacist must not administer Schedule 8 MDMA or Schedule 8 psilocybine.\n\nReg. 101 substituted by S.R. No. 96/2022 reg. 17.\n\n","sortOrder":134},{"sectionNumber":"101","sectionType":"section","heading":"Administration of Schedule 9 poison by pharmacist","content":"\t101 Administration of Schedule 9 poison by pharmacist\n\nA pharmacist must not administer a Schedule 9 poison except—\n\nReg. 101(a) amended by S.R. No. 124/2025 reg. 31(1).\n\n(a) in accordance with an authorisation that a registered medical practitioner or a dentist gave verbally under regulation 84A(1); or\n\n(b) in accordance with an authorisation that a registered medical practitioner or a dentist gave—\n\nReg. 101(b)(i) amended by S.R. No. 124/2025 reg. 31(2).\n\n(i) in writing under regulation 84(1); and\n\n(ii) not more than 6 months ago; or\n\n(c) in accordance with the original prescription of a registered medical practitioner or dentist.\n\n","sortOrder":135},{"sectionNumber":"Part 11","sectionType":"part","heading":"Administration by persons other","content":"Part 11—Administration by persons other  \nthan pharmacists and other practitioners\n\n","sortOrder":136},{"sectionNumber":"102","sectionType":"section","heading":"Part not to apply to pharmacists and other practitioners","content":"\t102 Part not to apply to pharmacists and other practitioners\n\nIn this Part—\n\nReg. 102 def. of *person* substituted by S.R. No. 13/2021 reg. 21, amended by S.R. No. 124/2025 reg. 32.\n\n***person*** does not include a person acting in the lawful practice of the person's profession as—\n\n(c) a veterinary practitioner; or\n\n(d) a nurse practitioner; or\n\n(e) a nurse; or\n\n(f) an authorised registered nurse; or\n\n(g) an approved registered nurse; or\n\n(h) a registered midwife; or\n\n(i) an authorised midwife; or\n\n(j) an approved registered midwife; or\n\n(k) an authorised optometrist; or\n\n(l) an authorised podiatrist; or\n\n(m) a pharmacist;\n\n(n) a registered Aboriginal and Torres Strait Islander health practitioner.\n\n","sortOrder":137},{"sectionNumber":"103","sectionType":"section","heading":"Person must not administer Schedule 4, 8 or 9 poison to another person except as specified","content":"\t103 Person must not administer Schedule 4, 8 or 9 poison to another person except as specified\n\n(1) A person must not administer a Schedule 4 poison to another person unless—\n\nReg. 103(1)(a)(i) substituted by S.R. No. 13/2021 reg. 22(1), amended by S.R. No. 124/2025 reg. 33(1).\n\n(i) by a registered medical practitioner, a dentist, a nurse practitioner, an authorised registered nurse, an approved registered nurse, an authorised midwife, an approved registered midwife, an authorised optometrist, an authorised podiatrist, a pharmacist or a registered Aboriginal and Torres Strait Islander health practitioner; and\n\n(2) A person must not administer a Schedule 8 poison to another person unless—\n\nReg. 103(2)(a)(i) substituted by S.R. No. 13/2021 reg. 22(2), amended by S.R. No. 124/2025 reg. 33(2).\n\n(i) by a registered medical practitioner, a dentist, a nurse practitioner, an authorised registered nurse, an approved registered nurse, an authorised midwife, an approved registered midwife, a pharmacist or a registered Aboriginal and Torres Strait Islander health practitioner; and\n\n(3) A person must not administer a Schedule 9 poison to another person unless—\n\n(i) by a registered medical practitioner, a dentist or a pharmacist; and\n\n","sortOrder":138},{"sectionNumber":"104","sectionType":"section","heading":"Person must not administer Schedule 4, 8 or 9 poison to an animal except as specified","content":"\t104 Person must not administer Schedule 4, 8 or 9 poison to an animal except as specified\n\nA person must not administer a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to an animal unless the poison was supplied for the treatment of the animal by, or on the prescription or stock food order of, a veterinary practitioner.\n\n","sortOrder":139},{"sectionNumber":"Part 12","sectionType":"part","heading":"Self-administration","content":"Part 12—Self-administration\n\n","sortOrder":140},{"sectionNumber":"105","sectionType":"section","heading":"Person must not self-administer Schedule 4, 8 or 9 poison except as specified","content":"\t105 Person must not self-administer Schedule 4, 8 or 9 poison except as specified\n\nReg. 105(1) substituted by S.R. No. 13/2021 reg. 23(1), amended by S.R. No. 20/2023 reg. 13(1).\n\n(1) A person must not self-administer a Schedule 4 poison unless—\n\n(a) the poison was lawfully supplied for the treatment of that person by—\n\n(iv) an authorised registered nurse; or\n\n(v) an approved registered nurse; or\n\n(vi) an authorised midwife; or\n\n(vii) an approved registered midwife; or\n\n(viii) an authorised optometrist; or\n\n(ix) an authorised podiatrist; or\n\nReg. 105 (1)(ab) inserted by S.R. No. 124/2025 reg. 34(1).\n\n(ab) the poison was lawfully supplied for the treatment of that person by a registered Aboriginal and Torres Strait Islander health practitioner on an Aboriginal and Torres Strait Islander health practitioner supply instruction given by—\n\n(b) the poison was lawfully supplied for the treatment of that person by a pharmacist on the prescription, chart instruction or verbal authorisation of—\n\n(ii) a dentist;\n\n(c) the poison was lawfully supplied for the treatment of that person by a pharmacist in accordance with regulation 47(1)( e ) or (f); or\n\n(d) the person is listed in Column 1 of Part 2 of the Table in regulation 7 and the administration is to the extent and for the purpose specified in Column 2 of Part 2 of that Table.\n\nReg. 105(2) substituted by S.R. No. 13/2021 reg. 23(2).\n\n(2) A person must not self-administer a Schedule 8 poison unless—\n\n(a) the poison was lawfully supplied for the treatment of that person by—\n\n(iv) an authorised registered nurse; or\n\n(v) an approved registered nurse; or\n\n(vi) an authorised midwife; or\n\n(vii) an approved registered midwife; or\n\nReg. 105 (2)(ab) inserted by S.R. No. 124/2025 reg. 34(2).\n\n(ab) the poison was lawfully supplied for the treatment of that person by a registered Aboriginal and Torres Strait Islander health practitioner on an Aboriginal and Torres Strait Islander health practitioner supply instruction given by—\n\n(b) the poison was lawfully supplied for the treatment of that person by a pharmacist on the prescription, chart instruction or verbal authorisation of—\n\n(iv) an authorised midwife.\n\n(3) A person must not self-administer a Schedule 9 poison unless—\n\nReg. 105(3)(a) amended by S.R. No. 13/2021 reg. 23(3).\n\n(a) the poison was lawfully supplied for the treatment of that person by a registered medical practitioner or dentist; or\n\nReg. 105(3)(b) amended by S.R. No. 13/2021 reg. 23(3).\n\n(b) the poison was lawfully supplied for the treatment of that person by a pharmacist on the prescription or verbal authorisation of a registered medical practitioner or dentist.\n\nReg. 105(4) inserted by S.R. No. 20/2023 reg. 13(2).\n\n(4) A person must not self-administer a Schedule 4 poison, a Schedule 8 poison or a Schedule 9 poison that was obtained by means of a false pretence.\n\n","sortOrder":141},{"sectionNumber":"Part 13","sectionType":"part","heading":"Records","content":"Part 13—Records\n\nReg. 106 amended by S.R. No. 126/2024 reg. 10 (ILA s. 39B(2)).\n\n","sortOrder":142},{"sectionNumber":"106","sectionType":"section","heading":"Definition of transaction","content":"\t106 Definition of transaction\n\n(1) In this Part—\n\n***transaction*** means the manufacture, preparation, use, transfer within and between premises, administration, sale, supply, disposal or destruction of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison.\n\nReg. 106(2) inserted by S.R. No. 126/2024 reg. 10.\n\n(2) However, a reference in subregulation (1) to a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison does not refer to a poison of any of those kinds that is, or that is contained in, a drug-checking substance.\n\n","sortOrder":143},{"sectionNumber":"107","sectionType":"section","heading":"Persons required to keep records","content":"\t107 Persons required to keep records\n\nThe following persons are required to keep records under this Part—\n\nReg. 107(a) substituted by S.R. No. 13/2021 reg. 24.\n\n(a) each of the following—\n\n(ii) a veterinary practitioner;\n\n(iii) a dentist;\n\n(iv) a nurse practitioner;\n\n(v) an authorised registered nurse;\n\n(vi) an approved registered nurse;\n\n(vii) an authorised midwife;\n\n(viii) an approved registered midwife;\n\n(ix) an authorised optometrist;\n\n(x) an authorised podiatrist;\n\n(xi) a pharmacist;\n\nReg. 107 (a)(xii) inserted by S.R. No. 124/2025 reg. 35.\n\n(xii) a registered Aboriginal and Torres Strait Islander health practitioner;\n\n(b) a person holding a licence, permit or warrant to manufacture, sell, supply, purchase or otherwise obtain, possess, administer or use a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison;\n\n(c) a nurse or registered midwife authorised under regulation 8 to be in possession of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison;\n\n(d) an approved provider of an aged care service if in that service there is a resident who is receiving residential care and that resident has been—\n\n(i) supplied with a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison on a prescription; or\n\n(ii) supplied with a Schedule 4 poison or Schedule 8 poison on a chart instruction;\n\n(e) a person referred to in Column 1 of Part 2 of the Table in regulation 7 as authorised to have in the person's possession a Schedule 4 poison or Schedule 8 poison.\n\n","sortOrder":144},{"sectionNumber":"108","sectionType":"section","heading":"Details to be contained in records","content":"\t108 Details to be contained in records\n\n(1) A person required to keep records under this Part must, as soon as practicable after completing a transaction, record—\n\n(a) the date of each transaction; and\n\n(b) the name, form, strength and quantity of the poison or controlled substance; and\n\n(c) in the case of a transaction involving supply on a prescription—\n\n(i) the name of the person who wrote the prescription; and\n\n(ii) the directions for use as set out on the prescription; and\n\n(d) in the case of a transaction involving supply on a chart instruction—\n\n(i) the name of the person who gave the instruction; and\n\n(ii) the directions for use as set out in the instruction; and\n\nReg. 108 (1)(da) inserted by S.R. No. 124/2025 reg. 36(1).\n\n(da) in the case of a transaction involving supply on an Aboriginal and Torres Strait Islander health practitioner supply instruction—\n\n(i) the name of the person who gave the supply instruction; and\n\n(ii) the directions for use as set out in the supply instruction; and\n\n(e) the name and address or location of persons to whom the Schedule 4 poison, Schedule 8 poison or Schedule 9 poison is transferred, supplied, administered or otherwise disposed of; and\n\nReg. 108(1)(ea) inserted by S.R. No. 31/2018 reg. 14.\n\n(ea) in the case of a transaction involving administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to an animal—\n\n(i) the name and address of the person who owns or has custody or care of the animal; and\n\n(ii) the name or other unique identifier of the animal; and\n\n(f) in the case of a Schedule 8 poison or Schedule 9 poison purchased or obtained, the name and address of the person from whom the poison was purchased or obtained; and\n\nReg. 108(1)(g) amended by S.R. No. 124/2025 reg. 36(2).\n\n(g) in the case of a Schedule 8 poison which has been destroyed by a nurse practitioner, authorised midwife or registered Aboriginal and Torres Strait Islander health practitioner in accordance with regulation 115(2)(a), the details set out in regulation 115(2)(b); and\n\n(h) in the case of a Schedule 8 poison or Schedule 9 poison which has been destroyed by a registered medical practitioner, veterinary practitioner, dentist or pharmacist in accordance with regulation 115(3)(a), the details set out in regulation 115(3)(b); and\n\n(i) in the case of a Schedule 8 poison listed in the health services permit held by an ambulance service within the meaning of the **Ambulance Services Act 1986** which has been destroyed by an operational staff member within the meaning of that Act in accordance with regulation 115(5)(a), the matters set out in regulation 115(5)(b); and\n\n(j) in the case of the unused contents of a previously sterile container containing a Schedule 8 poison or a Schedule 9 poison that are not required for administration to a patient which has been destroyed by a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse or registered midwife in accordance with regulation 115(4)(a), the details set out in regulation 115(4)(b); and\n\n(k) in the case of the unused portion of a tablet or lozenge containing a Schedule 8 poison or a Schedule 9 poison that is not required for administration to a patient which has been destroyed by a registered medical practitioner, veterinary practitioner, dentist, pharmacist, nurse or registered midwife in accordance with regulation 115(6)(a), the details set out in regulation 115(6)(b); and\n\n(l) in the case of a transaction involving supply or administration to a specific person, the name of the person carrying out the transaction; and\n\nReg. 108(1)(m) amended by S.R. Nos 72/2018 reg. 7(1), 124/2025 reg. 36(3).\n\n(m) in the case of a transaction that is administration authorised verbally under regulation 84A(1) or (2), 85A(1) or 86A(1), the name of the person who gave the authorisation; and\n\nReg. 108(1)(n) inserted by S.R. No. 72/2018 reg. 7(2).\n\n(n) in the case of a transaction involving the supply of a monitored poison by a pharmacist to or for a person in circumstances specified in regulation 47(1)(a), (b), (c), (d) or (e) or regulation 48(1)(a), (b) or (c), the date of birth of that person.\n\n(2) Despite subregulation (1), a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist, authorised podiatrist or pharmacist is not required to keep a record of the destruction of Schedule 4 poisons.\n\n","sortOrder":145},{"sectionNumber":"109","sectionType":"section","heading":"Methods by which records are to be retained and retrieved","content":"\t109 Methods by which records are to be retained and retrieved\n\n(1) Subject to regulation 110, a person required to keep records under this Part must ensure that the records of all transactions in Schedule 8 poisons or Schedule 9 poisons kept by the person—\n\n(a) are able to be readily sorted by poison; and\n\n(b) show the true and accurate balance of each Schedule 8 poison and Schedule 9 poison remaining in the person's possession after each transaction; and\n\n(c) show the name of the person carrying out the transaction.\n\n(2) Despite subregulation (1)(b), a person must ensure that the records of all transactions in respect of methadone or buprenorphine are made at least daily if the transaction is for the purposes of opioid replacement therapy.\n\n(3) A person required to keep records under this Part must keep records made by the person readily retrievable in English.\n\n(4) A person required to keep records under this Part must retain a record of each transaction in a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison in a readily retrievable form for 3 years from the date of the transaction.\n\n(5) A person required to keep records under this Part must produce on demand to an authorized officer all records required to be kept under this Part.\n\n(6) A person required to keep records under this Part must maintain the records made by the person of transactions in Schedule 8 poisons or Schedule 9 poisons in a manner that ensures that the records cannot be altered, obliterated, deleted or removed without detection.\n\n(7) A person required to keep electronic transaction records under this Part must take all reasonable steps to ensure the person's personal access code for making an electronic transaction record for Schedule 8 poisons or Schedule 9 poisons is not known or used by another person.\n\n","sortOrder":146},{"sectionNumber":"110","sectionType":"section","heading":"Exception for aged care services","content":"\t110 Exception for aged care services\n\nAn approved provider of an aged care service is not required to comply with regulation 109(1) in relation to a Schedule 8 poison or Schedule 9 poison that is—\n\n(a) supplied to a resident on a prescription or chart instruction for a specific person; and\n\n(b) supplied in tamper-evident compartments of dose administration containers; and\n\n(c) labelled by a registered medical practitioner, dentist, nurse practitioner or pharmacist for administration at times specified on the label.\n\n","sortOrder":147},{"sectionNumber":"111","sectionType":"section","heading":"Accurate records to be kept","content":"\t111 Accurate records to be kept\n\nA person required to keep records under this Part must not knowingly make or cause to be made an entry which is false or misleading in any records in respect of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison.\n\n","sortOrder":148},{"sectionNumber":"112","sectionType":"section","heading":"Discrepancies in records to be investigated","content":"\t112 Discrepancies in records to be investigated\n\nA person required to keep records under this Part must—\n\n(a) investigate without delay any discrepancies found in the transaction records kept by that person; and\n\n(b) after that investigation, notify the Secretary without delay of any discrepancy which remains.\n\n","sortOrder":149},{"sectionNumber":"113","sectionType":"section","heading":"Lost or stolen records to be reported","content":"\t113 Lost or stolen records to be reported\n\nA person required to keep records under this Part must notify the Secretary without delay of the circumstances of any loss, destruction or theft of records kept by the person relating to Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons.\n\n","sortOrder":150},{"sectionNumber":"Part 14","sectionType":"part","heading":"Destruction of Schedule 8 poisons and Schedule 9 poisons","content":"Part 14—Destruction of Schedule 8 poisons and Schedule 9 poisons\n\n","sortOrder":151},{"sectionNumber":"114","sectionType":"section","heading":"Wilful destruction prohibited","content":"\t114 Wilful destruction prohibited\n\nSubject to this Part, a person must not wilfully destroy a Schedule 8 poison or Schedule 9 poison.\n\n","sortOrder":152},{"sectionNumber":"115","sectionType":"section","heading":"Exceptions","content":"\t115 Exceptions\n\n(1) Regulation 114 does not apply to—\n\n(a) a Schedule 8 poison or Schedule 9 poison destroyed by or under the supervision of an authorized officer; or\n\n(b) a Schedule 8 poison or Schedule 9 poison for which a court order has been granted for its destruction; or\n\n(c) a Schedule 8 poison or Schedule 9 poison which has been taken into possession by a police officer and for which an order for destruction has been issued by an officer of rank not below that of Inspector of the Victoria Police; or\n\n(d) a narcotic plant or seed of any narcotic plant as defined in section 70 of the Act.\n\n(2) Subject to subregulation (7), regulation 114 does not apply to a Schedule 8 poison if—\n\nReg. 115(2)(a) amended by S.R. No. 124/2025 reg. 37.\n\n(a) it is destroyed by a nurse practitioner, an authorised midwife or a registered Aboriginal and Torres Strait Islander health practitioner in the presence of another person who is a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse or registered midwife; and\n\n(3) Subject to subregulation (7), regulation 114 does not apply to a Schedule 8 poison or Schedule 9 poison if—\n\n(a) it is destroyed by a registered medical practitioner, veterinary practitioner, dentist or pharmacist in the presence of another person who is a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse or registered midwife; and\n\nReg. 115(3A) inserted by S.R. No. 126/2024 reg. 11(1).\n\n(3A) Subject to subregulation (7), regulation 114 does not apply to a Schedule 8 poison or Schedule 9 poison if—\n\n(a) it is destroyed by a special drug‑checking worker in the presence of another person who is a special drug‑checking worker or a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse or registered midwife; and\n\n(4) Subject to subregulation (7), regulation 114 does not apply to the unused contents of a previously sterile container containing a Schedule 8 poison or a Schedule 9 poison that are not required for administration to a patient if—\n\n(a) those contents are destroyed by a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse or registered midwife; and\n\n(5) Subject to subregulation (7), regulation 114 does not apply to the unused contents of a previously sterile container containing a Schedule 8 poison listed in the health services permit held by an ambulance service within the meaning of the **Ambulance Services Act 1986** that are not required for administration to a patient if—\n\n(a) those contents are destroyed by an operational staff member (within the meaning of that Act) of that ambulance service; and\n\n(i) the name, strength and quantity of the poison destroyed; and\n\n(6) Subject to subregulation (7), regulation 114 does not apply to the unused portion of a tablet or lozenge containing a Schedule 8 poison or a Schedule 9 poison that is not required for administration to a patient if—\n\n(a) the unused portion of a tablet or lozenge is destroyed by a registered medical practitioner, veterinary practitioner, dentist, pharmacist, nurse or registered midwife; and\n\n(i) the name, strength and quantity of the tablets or lozenges destroyed; and\n\nReg. 115(7) amended by S.R. No. 126/2024 reg. 11(2).\n\n(7) The Secretary may direct a person referred to in subregulation (2), (3), (3A), (4), (5) or (6) to comply with any requirements relating to the destruction of a Schedule 8 poison or Schedule 9 poison (as the case requires) specified in writing by the Secretary.\n\n","sortOrder":153},{"sectionNumber":"Part 15","sectionType":"part","heading":"Cultivation of narcotic plants","content":"Part 15—Cultivation of narcotic plants\n\n","sortOrder":154},{"sectionNumber":"116","sectionType":"section","heading":"Authority to cultivate narcotic plants for","content":"\t116 Authority to cultivate narcotic plants for  \nnon-therapeutic uses\n\n(1) For the purposes of section 72 of the Act, the Secretary may, in the Secretary's discretion, authorise in writing a fit and proper person to cultivate a narcotic plant as defined in section 70 of the Act for a use other than a therapeutic use.\n\n(2) The holder of an authority under subregulation (1) is, for the purpose of that authority, authorised to possess the narcotic plant to which that authority relates for the purposes of sections 72, 72A, 72B, 72D and 73 of the Act.\n\n","sortOrder":155},{"sectionNumber":"117","sectionType":"section","heading":"Authority to possess narcotic plant","content":"\t117 Authority to possess narcotic plant\n\n(1) A person listed in Column 1 of the following Table who is an employee of, or engaged by, the holder of an authority under regulation 116 to cultivate the narcotic plant Papaver somniferum L., is authorised to possess that narcotic plant in the circumstances and to the extent specified in Column 2 of the Table in respect of that person.\n\n(2) A person listed in Column 1 of the following Table who is an employee of, or engaged by, the holder of an authority under regulation 116 to cultivate the narcotic plant Cannabis L., is authorised to possess that narcotic plant in the circumstances and to the extent specified in Column 2 of the Table in respect of that person.\n\n| *Item No.* | *Column 1*<br>*Authorised person* | *Column 2*<br>*Circumstances and extent* |\n| 1. | A person who transports a narcotic plant cultivated under an authority under regulation 116 after it has been harvested | For the purposes of transport and delivery to the person to whom the consignment of the narcotic plant is addressed |\n| 2. | A person who stores a narcotic plant cultivated under an authority under regulation 116 after it has been harvested | For the purposes of storing the narcotic plant after it has been harvested |\n| 3. | A person who processes a narcotic plant cultivated under an authority under regulation 116 after it has been harvested | For the purposes of processing the narcotic plant after it has been harvested |\n\n(3) In this regulation—\n\n***process*** means treat by mechanical, chemical or other artificial means.\n\n","sortOrder":156},{"sectionNumber":"Part 16","sectionType":"part","heading":"Warrants for ovulatory stimulants,","content":"Part 16—Warrants for ovulatory stimulants,  \nprostaglandins, retinoids and thalidomide\n\n","sortOrder":157},{"sectionNumber":"118","sectionType":"section","heading":"Application of Part","content":"\t118 Application of Part\n\n(1) This Part applies in relation to—\n\n(a) an ovulatory stimulant;\n\n(b) a prostaglandin;\n\n(c) a retinoid;\n\n(d) thalidomide.\n\nReg. 118(1A) inserted by S.R. No. 13/2021 reg. 25.\n\n(1A) A reference in this Part to a person purchasing, obtaining or administering a substance to which this Part applies does not refer to that person doing so in a capacity other than in the lawful practice of their profession.\n\nOther provisions of these Regulations regulate persons dealing with these substances in a personal capacity. See, for example—\n\n items 5 to 10 in Part 1 of the Table in regulation 7, which authorises certain persons to obtain and possess (among other things) substances to which this Part applies;\n\n regulation 105, which governs the self‑administration of (among other things) substances to which this Part applies.\n\n(2) This Part applies despite anything to the contrary in any other Part of this Chapter.\n\n","sortOrder":158},{"sectionNumber":"119","sectionType":"section","heading":"Certain practitioners not to deal with substance","content":"\t119 Certain practitioners not to deal with substance\n\n(1) A dentist, authorised optometrist or authorised podiatrist must not purchase, obtain, issue a prescription for, write a chart instruction for, give a verbal instruction or order for, sell, supply, administer or authorise the administration of a substance to which this Part applies.\n\n(2) This regulation applies despite anything to the contrary in any other regulation.\n\n","sortOrder":159},{"sectionNumber":"120","sectionType":"section","heading":"Dealing with substance—registered medical practitioner","content":"\t120 Dealing with substance—registered medical practitioner\n\n(1) A registered medical practitioner who does not hold a warrant must not purchase, obtain, issue a prescription for, write a chart instruction for, give a verbal instruction or order for, sell, supply, administer or authorise the administration of a substance to which this Part applies except in accordance with regulation 123.\n\nRegulation 123 authorises a registered medical practitioner who does not hold a warrant to do certain things as directed by a registered medical practitioner who does hold a warrant.\n\n(2) A registered medical practitioner who holds a warrant for a substance to which this Part applies may—\n\n(a) issue a prescription for that substance in accordance with regulation 17; and\n\nReg. 120(2)(b) amended by S.R. No. 20/2023 reg. 14.\n\n(b) issue a verbal instruction or a digital image of an original prescription to a pharmacist to supply that substance in accordance with regulation 25 or 25A.; and\n\n(c) write a chart instruction for that substance in accordance with regulation 30; and\n\n(d) give an order for the sale or supply of that substance; and\n\n(e) sell or supply that substance in accordance with regulation 36; and\n\nReg. 120(2)(f) amended by S.R. No. 124/2025 reg. 38.\n\n(f) authorise the administration of that substance in accordance with regulation 84 or 84A; and\n\n(g) administer that substance in accordance with regulation 88; and\n\n(h) give a direction to another registered medical practitioner to deal with that substance in accordance with regulation 123 in relation to a specified patient; and\n\n(i) give a direction to a nurse practitioner to deal with that substance in accordance with regulation 124 in relation to a specified patient.\n\n","sortOrder":160},{"sectionNumber":"121","sectionType":"section","heading":"Dealing with substance—nurse practitioner","content":"\t121 Dealing with substance—nurse practitioner\n\n(1) A nurse practitioner must not purchase, obtain, issue a prescription for, write a chart instruction for, give a verbal instruction or order for, sell, supply or authorise the administration of a substance to which this Part applies except in accordance with regulation 124.\n\nRegulation 124 authorises a nurse practitioner to do certain things as directed by a registered medical practitioner who holds a warrant.\n\n(2) A nurse practitioner must not administer a substance to which this Part applies except—\n\n(a) in accordance with regulation 96(3); or\n\n(b) in accordance with regulation 124.\n\nRegulation 96(3) authorises a nurse to administer a Schedule 4 poison in certain circumstances. If a nurse is a nurse practitioner, the nurse practitioner may administer a Schedule 4 poison in those circumstances as a nurse.\n\nReg. 121A inserted by S.R. No. 13/2021 reg. 26.\n\n","sortOrder":161},{"sectionNumber":"121A","sectionType":"section","heading":"Dealing with substance—authorised registered nurse","content":"\t121A Dealing with substance—authorised registered nurse\n\n(1) An authorised registered nurse must not purchase, obtain, sell or supply a substance to which this Part applies.\n\n(2) An authorised registered nurse must not administer a substance to which this Part applies except in accordance with regulation 96(3).\n\nRegulation 96(3) authorises a nurse to administer a Schedule 4 poison in certain circumstances. An authorised registered nurse may administer a Schedule 4 poison in those circumstances as a nurse.\n\nReg. 121B inserted by S.R. No. 13/2021 reg. 26.\n\n","sortOrder":162},{"sectionNumber":"121B","sectionType":"section","heading":"Dealing with substance—approved registered nurse","content":"\t121B Dealing with substance—approved registered nurse\n\n(1) An approved registered nurse must not purchase, obtain, sell or supply a substance to which this Part applies.\n\n(2) An approved registered nurse must not administer a substance to which this Part applies except in accordance with regulation 96(3).\n\nRegulation 96(3) authorises a nurse to administer a Schedule 4 poison in certain circumstances. An approved registered nurse may administer a Schedule 4 poison in those circumstances as a nurse.\n\n","sortOrder":163},{"sectionNumber":"122","sectionType":"section","heading":"Dealing with substance—authorised midwife","content":"\t122 Dealing with substance—authorised midwife\n\n(1) An authorised midwife must not purchase, obtain, issue a prescription for, write a chart instruction for, give a verbal instruction or order for, sell, supply or authorise the administration of a substance to which this Part applies.\n\n(2) An authorised midwife must not administer a substance to which this Part applies except in accordance with regulation 96(3).\n\nRegulation 96(3) authorises a registered midwife to administer a Schedule 4 poison in certain circumstances. An authorised midwife may administer a Schedule 4 poison in those circumstances as a registered midwife.\n\nReg. 122A inserted by S.R. No. 13/2021 reg. 27.\n\n","sortOrder":164},{"sectionNumber":"122A","sectionType":"section","heading":"Dealing with substance—approved registered midwife","content":"\t122A Dealing with substance—approved registered midwife\n\n(1) An approved registered midwife must not purchase, obtain, sell or supply a substance to which this Part applies.\n\n(2) An approved registered midwife must not administer a substance to which this Part applies except in accordance with regulation 96(3).\n\nRegulation 96(3) authorises a registered midwife to administer a Schedule 4 poison in certain circumstances. An approved registered midwife may administer a Schedule 4 poison in those circumstances as a registered midwife.\n\n","sortOrder":165},{"sectionNumber":"123","sectionType":"section","heading":"Effect of direction given to registered medical practitioner","content":"\t123 Effect of direction given to registered medical practitioner\n\n(1) A registered medical practitioner who is given a direction under regulation 120(2)(h) in relation to a substance and a specified patient may—\n\n(a) purchase or otherwise obtain the substance; and\n\n(b) do any of the things set out in regulation 120(2) with that substance and in respect of that patient other than giving a direction under regulation 120(2)(h) or (i).\n\n(2) This regulation applies whether or not the practitioner holds a warrant.\n\n","sortOrder":166},{"sectionNumber":"124","sectionType":"section","heading":"Effect of direction given to nurse practitioner","content":"\t124 Effect of direction given to nurse practitioner\n\nA nurse practitioner who is given a direction under regulation 120(2)(i) in relation to a substance and a specified patient may do any of the following things as directed—\n\n(a) purchase or otherwise obtain the substance;\n\n(b) issue a prescription to the patient for the substance in accordance with regulation 20;\n\n(c) issue a verbal instruction to a pharmacist to supply the substance to the patient in accordance with regulation 25;\n\nReg. 124(ca) inserted by S.R. No. 20/2023 reg. 15.\n\n(ca) transmit a digital image of an original prescription to a pharmacist to supply the substance to the patient in accordance with regulation 25A;\n\n(d) write a chart instruction in respect of the substance and the patient in accordance with regulation 32;\n\n(e) give an order for the sale or supply of the substance in respect of the patient;\n\n(f) sell or supply the substance to the patient in accordance with regulation 39;\n\nReg. 124(g) amended by S.R. No. 124/2025 reg. 39.\n\n(g) authorise the administration of the substance to the patient in accordance with regulation 85 or 85A;\n\n(h) administer the substance to the patient in accordance with regulation 91.\n\n","sortOrder":167},{"sectionNumber":"125","sectionType":"section","heading":"Warrant number to be included in any prescription","content":"\t125 Warrant number to be included in any prescription\n\n(1) A registered medical practitioner who issues a prescription for a substance to which this Part applies (other than at the direction of another registered medical practitioner under regulation 120(2)(h)) must include the warrant number on the prescription.\n\nPenalty: 10 penalty units.\n\n(2) A registered medical practitioner or nurse practitioner who, at the direction of a registered medical practitioner under regulation 120(2)(h) or (i), issues a prescription for a substance to which this Part applies must include on the prescription—\n\n(a) the name of the registered medical practitioner who gave the direction; and\n\n(b) the number of the warrant held by that practitioner in relation to the substance.\n\nPenalty: 10 penalty units.\n\n","sortOrder":168},{"sectionNumber":"Part 17","sectionType":"part","heading":"Use of premises—drugs of dependence","content":"Part 17—Use of premises—drugs of dependence\n\n","sortOrder":169},{"sectionNumber":"126","sectionType":"section","heading":"Authority to permit use of premises—owners and occupiers","content":"\t126 Authority to permit use of premises—owners and occupiers\n\n(1) For the purposes of section 72D(1) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to carry out an activity that falls within the definition of ***traffick*** in section 70 of the Act in relation to a drug of dependence if—\n\n(a) the drug of dependence is a poison or controlled substance; and\n\n(b) the person is—\n\n(i) a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist carrying on the lawful practice of that person's profession; or\n\n(ii) the holder of a licence, permit, warrant or other authority under the Act or these Regulations to manufacture, sell or supply that poison or controlled substance; and\n\n(c) the activity is—\n\n(i) carried out to the extent and for the purposes authorised by or licensed or permitted under the Act or these Regulations; and\n\n(ii) in the case of paragraph (b)(ii), in accordance with that licence, permit, warrant or other authority.\n\nReg. 126(2) revoked by S.R. No. 13/2022 reg. 7.\n\n(3) For the purposes of section 72D(2) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to cultivate a drug of dependence if—\n\n(a) the drug of dependence is a poison or controlled substance; and\n\n(b) the person holds a licence, permit, warrant or other authority under the Act or these Regulations to cultivate that drug of dependence; and\n\n(c) that cultivation is—\n\n(i) carried out to the extent and for the purposes authorised by or licensed or permitted under the Act or these Regulations; and\n\n(ii) in accordance with that licence, permit, warrant or other authority.\n\nReg. 126(4) revoked by S.R. No. 13/2022 reg. 7.\n\n","sortOrder":170},{"sectionNumber":"Part 18","sectionType":"part","heading":"Forms","content":"Part 18—Forms\n\nReg. 127 revoked by S.R. No. 72/2018 reg. 8.\n\n","sortOrder":171},{"sectionNumber":"128","sectionType":"section","heading":"Form of application for Schedule 9 permit","content":"\t128 Form of application for Schedule 9 permit\n\nFor the purposes of section 33A(2) of the Act, the prescribed form of application for a Schedule 9 permit is Form 2 in Schedule 2.\n\n","sortOrder":172},{"sectionNumber":"129","sectionType":"section","heading":"Form of application for Schedule 8 permit","content":"\t129 Form of application for Schedule 8 permit\n\nFor the purposes of section 34(4) of the Act, the prescribed form of application for a Schedule 8 permit is Form 3 in Schedule 2.\n\n","sortOrder":173},{"sectionNumber":"130","sectionType":"section","heading":"Form of Schedule 9 permit","content":"\t130 Form of Schedule 9 permit\n\nFor the purposes of section 33B(2)(a) of the Act, the prescribed form of a Schedule 9 permit is Form 4 in Schedule 2.\n\n","sortOrder":174},{"sectionNumber":"131","sectionType":"section","heading":"Form of Schedule 8 permit","content":"\t131 Form of Schedule 8 permit\n\nFor the purposes of section 34A(2) of the Act, the prescribed form of a Schedule 8 permit is Form 4 in Schedule 2.\n\n","sortOrder":175},{"sectionNumber":"Part 19","sectionType":"part","heading":"Miscellaneous","content":"Part 19—Miscellaneous\n\n","sortOrder":176},{"sectionNumber":"132","sectionType":"section","heading":"Disclosure of drug use within previous 8 weeks required","content":"\t132 Disclosure of drug use within previous 8 weeks required\n\nReg. 132(1) amended by S.R. No. 13/2021 reg. 28(1).\n\n(1) A person who in the previous 8 weeks has been treated with a drug of dependence must not, without disclosing that fact at the time, procure or attempt to procure from a practitioner specified in subregulation (1A)—\n\n(a) the same or a similar drug of dependence; or\n\n(b) a drug of dependence for the same or a similar purpose.\n\nReg. 132(1A) inserted by S.R. No. 13/2021 reg. 28(2).\n\nReg. 132 (1A)(j) amended by S.R. No. 124/2025 reg. 40(1).\n\nReg. 132 (1A)(k) inserted by S.R. No. 124/2025 reg. 40(2).\n\n(k) a registered Aboriginal and Torres Strait Islander health practitioner.\n\n(2) A person who in the previous 8 weeks has been treated with a drug of dependence must not, without disclosing that fact at the time, procure or attempt to procure from a pharmacist, other than on a prescription or order of a person authorised in relation to that drug of dependence under section 13(1) of the Act—\n\n(a) the same or a similar drug of dependence; or\n\n(b) a drug of dependence for the same or a similar purpose.\n\nPt 20 (Heading and regs 132A–132H) inserted by S.R. No. 72/2018 reg. 9.\n\n","sortOrder":177},{"sectionNumber":"Part 20","sectionType":"part","heading":"Monitored poisons database","content":"Part 20—Monitored poisons database\n\nReg. 132A inserted by S.R. No. 72/2018 reg. 9.\n\n","sortOrder":178},{"sectionNumber":"132A","sectionType":"section","heading":"Data source entity","content":"\t132A Data source entity\n\nFor the purposes of the definition of ***data source entity*** in section 4(1) of the Act, an entity specified in Schedule 4 is prescribed to be a data source entity.\n\nReg. 132B inserted by S.R. No. 72/2018 reg. 9.\n\n","sortOrder":179},{"sectionNumber":"132B","sectionType":"section","heading":"Monitored poison","content":"\t132B Monitored poison\n\nFor the purposes of paragraphs (c) and (d) of the definition of ***monitored poison*** in section 4(1) of the Act, a poison or class of poison specified in Schedule 5 is prescribed to be a monitored poison.\n\nReg. 132C inserted by S.R. No. 72/2018 reg. 9.\n\n","sortOrder":180},{"sectionNumber":"132C","sectionType":"section","heading":"Monitored supply poison","content":"\t132C Monitored supply poison\n\nOn and after 1 April 2020, for the purposes of paragraphs (a) and (b) of the definition of ***monitored supply poison*** in section 4(1) of the Act, a poison or class of poison specified in Schedule 6 is prescribed to be a monitored supply poison.\n\nReg. 132D inserted by S.R. No. 72/2018 reg. 9.\n\n","sortOrder":181},{"sectionNumber":"132D","sectionType":"section","heading":"Pharmacist to provide certain supply information to prescription exchange service","content":"\t132D Pharmacist to provide certain supply information to prescription exchange service\n\nA pharmacist who has created a record of supply of a monitored poison using an electronic system that is compatible with a prescription exchange service—\n\n(a) must register with the prescription exchange service; and\n\n(b) must provide the record of supply to the prescription exchange service at the time the record of supply is created.\n\nFor the purposes of management of information by a prescription exchange service, the **Health Records Act 2001** contains provisions relating to the collection, use, disclosure, retention and security of health information, in particular see Schedule 1 Health Privacy Principles 1.1, 1.2, 2, 3 and 4.\n\nReg. 132E inserted by S.R. No. 72/2018 reg. 9.\n\n","sortOrder":182},{"sectionNumber":"132E","sectionType":"section","heading":"Records and information to be provided to the monitored poisons database","content":"\t132E Records and information to be provided to the monitored poisons database\n\n(1) For the purposes of section 30B(2)(b) of the Act, a data source entity must provide information, including records, in accordance with subregulation (2) to the monitored poisons database at the time the records are collected by the data source entity, if available.\n\n(2) For the purposes of section 30B(2)(c) of the Act, the prescribed records are—\n\n(a) records of the prescription of a monitored poison, including where the prescription has been issued—\n\n(i) to a person in Victoria; or\n\n(ii) to a person ordinarily resident in Victoria, where the supply has occurred in another State or a Territory; or\n\n(iii) in another State or a Territory but the monitored poison has been supplied in Victoria; and\n\n(b) records of the supply of a monitored poison, including where the supply has occurred—\n\n(i) to a person in Victoria; or\n\n(ii) in another State or a Territory to a person ordinarily resident in Victoria; or\n\n(iii) to a person in another State or a Territory on the basis of a prescription or instruction written in Victoria.\n\n(3) For the purposes of section 30B(2)(c) of the Act, the prescribed information is—\n\n(a) in relation to a record referred to in subregulation (2)(a)—\n\n(i) the date of prescribing; and\n\n(ii) the name and address of the person; and\n\n(iii) the date of birth of the person; and\n\n(iv) the name, form, strength and quantity of the monitored poison; and\n\n(v) the number of repeats; and\n\n(vi) the directions for use; and\n\nReg. 132E(3)  \n(a)(vii) amended by S.R. No. 13/2022 reg. 8.\n\n(vii) the name, address and phone number of the person who issues the prescription; and\n\n(b) in relation to a record referred to in subregulation (2)(b)—\n\n(i) the date of supply; and\n\n(ii) the name and address of the person; and\n\n(iii) the date of birth of the person; and\n\n(iv) the name, form, strength and quantity of the monitored poison; and\n\n(v) the directions for use; and\n\n(vi) the name, address and phone number of the person authorising the supply; and\n\n(vii) the name, address and phone number of the pharmacy or pharmacy department.\n\nReg. 132F inserted by S.R. No. 72/2018 reg. 9.\n\n","sortOrder":183},{"sectionNumber":"132F","sectionType":"section","heading":"Circumstances where it is not mandatory for pharmacist to check monitored poisons database—certain classes of person","content":"\t132F Circumstances where it is not mandatory for pharmacist to check monitored poisons database—certain classes of person\n\n(1) For the purposes of section 30E of the Act, a pharmacist is not required to comply with that section in relation to a person for whom a monitored supply poison may be supplied before supplying the monitored supply poison for that person if the person is—\n\n(a) an in-patient being treated in hospital; or\n\n(b) a patient being treated in an emergency department of a hospital; or\n\n(c) a prisoner being treated in a prison; or\n\n(d) a person being treated in a police gaol; or\n\n(e) a resident being treated in an aged care service.\n\n(2) Subregulation (1) does not apply if a patient referred to in subregulation (1)(a) or (b) is supplied a monitored supply poison on discharge.\n\nReg. 132G inserted by S.R. No. 72/2018 reg. 9.\n\n","sortOrder":184},{"sectionNumber":"132G","sectionType":"section","heading":"Circumstances where it is not mandatory to check monitored poisons database—certain classes of person","content":"\t132G Circumstances where it is not mandatory to check monitored poisons database—certain classes of person\n\n(1) For the purposes of sections 30F, 30G and 30H of the Act, a registered medical practitioner, a nurse practitioner or an authorised supplier (as the case requires) is not required to comply with the relevant section in relation to a person for whom a monitored supply poison may be prescribed or supplied before prescribing or supplying the monitored supply poison for that person if the person is—\n\nReg. 132G(1)(a) amended by S.R. No. 15/2020 reg. 3(1)(a).\n\n(a) an in-patient being treated in, or discharged from, hospital; or\n\nReg. 132G(1)(b) amended by S.R. No. 15/2020 reg. 3(1)(b).\n\n(b) a patient being treated in, or discharged from, an emergency department of a hospital; or\n\nReg. 132G(1)(ba) inserted by S.R. No. 15/2020 reg. 3(1)(c).\n\n(ba) an out-patient being treated in, or discharged from, a hospital; or\n\n(c) a prisoner being treated in a prison; or\n\n(d) a person being treated in a police gaol; or\n\n(e) a resident being treated in an aged care service.\n\nReg. 132G(2) revoked by S.R. No. 15/2020 reg. 3(2).\n\nReg. 132H inserted by S.R. No. 72/2018 reg. 9.\n\n","sortOrder":185},{"sectionNumber":"132H","sectionType":"section","heading":"Circumstances where it is not mandatory to check monitored poisons database—incurable medical condition","content":"\t132H Circumstances where it is not mandatory to check monitored poisons database—incurable medical condition\n\n(1) For the purposes of section 30E of the Act, a pharmacist is not required to comply with that section in relation to a person for whom a monitored supply poison may be supplied before supplying the monitored supply poison for that person if—\n\n(a) the person is suffering an incurable, progressive, far-advanced disease or medical condition; and\n\n(b) the prognosis is of a limited life expectancy due to the disease or medical condition; and\n\n(c) the supply of the monitored supply poison is intended to provide palliative treatment.\n\n(2) For the purposes of sections 30F, 30G and 30H of the Act, a registered medical practitioner, a nurse practitioner or an authorised supplier (as the case requires) is not required to comply with the relevant section in relation to a person for whom a monitored supply poison may be prescribed or supplied before prescribing or supplying the monitored supply poison for that person if—\n\n(a) the person is suffering an incurable, progressive, far-advanced disease or medical condition; and\n\n(b) the prognosis is of limited life expectancy due to the disease or medical condition; and\n\n(c) the prescribing or supply of the monitored supply poison is intended to provide palliative treatment.\n\nReg. 132I inserted by S.R. No. 126/2024 reg. 12.\n\n","sortOrder":186},{"sectionNumber":"132I","sectionType":"section","heading":"Circumstances where it is not mandatory to check monitored poisons database—drug-checking services","content":"\t132I Circumstances where it is not mandatory to check monitored poisons database—drug-checking services\n\nFor the purposes of sections 30E, 30F, 30G and 30H of the Act, a pharmacist, a registered medical practitioner, a nurse practitioner or an authorised supplier (as the case requires) is not required to comply with the relevant section in relation to a person for whom a monitored supply poison may be supplied before supplying the monitored supply poison for that person if the supply is authorised by section 20AA(1)(b) or (2)(a) of the Act.\n\nChapter 3—Schedule 2, 3 and 7 poisons\n\nPart 1—Schedule 2 poisons\n\n\t133 Boat captain authorised to obtain or possess Schedule 2 poison\n\nA person who captains a boat that is required to have a life-raft is authorised to obtain through wholesale supply, and to possess, a Schedule 2 poison for the purpose of completing the medical equipment of the life-raft as required by State law.\n\nReg. 133AA inserted by S.R. No. 174/2021 reg. 8.\n\n\t133AA Holder of non-emergency patient transport service licence or first aid service licence authorised to obtain and possess Schedule 2 poison\n\n(1) A person who holds a non-emergency patient transport service licence is authorised to obtain through wholesale supply, and to possess, a Schedule 2 poison for the purpose of providing non-emergency patient transport services under the licence.\n\n(2) A person who holds a first aid service licence is authorised to obtain through wholesale supply, and to possess, a Schedule 2 poison for the purpose of providing first aid services under the licence.\n\nReg. 133A inserted by S.R. No. 13/2021 reg. 29.\n\n","sortOrder":187},{"sectionNumber":"133A","sectionType":"section","heading":"Possession of a Schedule 2 poison by an approved registered nurse or approved registered midwife","content":"\t133A Possession of a Schedule 2 poison by an approved registered nurse or approved registered midwife\n\nAn approved registered nurse or approved registered midwife is authorised to obtain and possess a Schedule 2 poison in accordance with an approval under regulation 161B for sale, supply or administration in accordance with that approval.\n\nReg. 133B inserted by S.R. No. 13/2021 reg. 29.\n\n","sortOrder":188},{"sectionNumber":"133B","sectionType":"section","heading":"Restrictions on dealing with Schedule 2 poison—approved registered nurse","content":"\t133B Restrictions on dealing with Schedule 2 poison—approved registered nurse\n\n(1) Subject to this regulation, an approved registered nurse is authorised to sell, supply and administer a Schedule 2 poison.\n\n(2) An approved registered nurse must not sell, supply or administer a Schedule 2 poison unless—\n\n(a) that poison is for the treatment of a person under the nurse's care; and\n\n(b) if the poison is a drug of dependence, the nurse has taken all reasonable steps to ascertain the identity of the person who is to be treated; and\n\n(c) the sale, supply or administration is in accordance with an approval under regulation 161B.\n\n(3) An approved registered nurse must not sell, supply or administer a Schedule 2 poison unless the nurse has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\nReg. 133C inserted by S.R. No. 13/2021 reg. 29.\n\n","sortOrder":189},{"sectionNumber":"133C","sectionType":"section","heading":"Restrictions on dealing with Schedule 2 poison—approved registered midwife","content":"\t133C Restrictions on dealing with Schedule 2 poison—approved registered midwife\n\n(1) Subject to this regulation, an approved registered midwife is authorised to sell, supply and administer a Schedule 2 poison.\n\n(2) An approved registered midwife must not sell, supply or administer a Schedule 2 poison unless—\n\n(a) that poison is for the treatment of a person under the midwife's care; and\n\n(b) if the poison is a drug of dependence, the midwife has taken all reasonable steps to ascertain the identity of the person who is to be treated; and\n\n(c) the sale, supply or administration is in accordance with an approval under regulation 161B.\n\n(3) An approved registered midwife must not sell, supply or administer a Schedule 2 poison unless the midwife has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\nReg. 133CA inserted by S.R. No. 124/2025 reg. 41.\n\n\t133CA Possession of a Schedule 2 poison by a registered Aboriginal and Torres Strait Islander health practitioner\n\nA registered Aboriginal and Torres Strait Islander health practitioner is authorised to obtain and possess a Schedule 2 poison in accordance with an approval under regulation 161G for the purpose of—\n\n(b) administration in accordance with an Aboriginal and Torres Strait Islander health practitioner administration instruction given by—\n\nReg. 133CB inserted by S.R. No. 124/2025 reg. 41.\n\n\t133CB Restrictions on dealing with Schedule 2 poison—registered Aboriginal and Torres Strait Islander health practitioner\n\n(1) A registered Aboriginal and Torres Strait Islander health practitioner must not sell, supply or administer a Schedule 2 poison other than in accordance with subregulation (2) or (3).\n\n(2) A registered Aboriginal and Torres Strait Islander health practitioner may supply a Schedule 2 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner  supply instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the supply is in accordance with—\n\n(a) that supply instruction; and\n\n(b) the conditions (if any) specified in the Secretary's approval of the poison under regulation 161G.\n\n(3) A registered Aboriginal and Torres Strait Islander health practitioner may administer a Schedule 2 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the administration is in accordance with—\n\n(b) the conditions (if any) specified in the Secretary's approval of the poison under regulation 161G.\n\nReg. 133CC inserted by S.R. No. 124/2025 reg. 41.\n\n\t133CC Possession of a Schedule 2 poison by an Aboriginal and Torres Strait Islander health worker\n\nAn Aboriginal and Torres Strait Islander health worker is authorised to obtain and possess a Schedule 2 poison in accordance with an approval under regulation 161I for the purpose of administration in accordance with an Aboriginal and Torres Strait Islander health worker administration instruction given by—\n\nReg. 133CD inserted by S.R. No. 124/2025 reg. 41.\n\n\t133CD Restrictions on dealing with Schedule 2 poison—Aboriginal and Torres Strait Islander health worker\n\n(1) An Aboriginal and Torres Strait Islander health worker must not sell, supply or administer a Schedule 2 poison other than in accordance with subregulation (2).\n\n(2) An Aboriginal and Torres Strait Islander health worker may administer a Schedule 2 poison to a person specified in an Aboriginal and Torres Strait Islander health worker administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the administration is in accordance with—\n\n(b) the conditions (if any) specified in the Secretary's approval of the poison under regulation 161I.\n\nPart 2—Schedule 3 poisons\n\nReg. 133D inserted by S.R. No. 13/2021 reg. 30.\n\n\t133D Possession of a Schedule 3 poison by an approved registered nurse or approved registered midwife\n\nAn approved registered nurse or approved registered midwife is authorised to obtain and possess a Schedule 3 poison in accordance with an approval under regulation 161C for sale, supply or administration in accordance with that approval.\n\nReg. 133E inserted by S.R. No. 174/2021 reg. 9.\n\n\t133E Holder of non-emergency patient transport service licence or first aid service licence authorised to obtain and possess Schedule 3 poison\n\n(1) A person who holds a non-emergency patient transport service licence is authorised to obtain through wholesale supply, and to possess, a Schedule 3 poison for the purpose of providing non-emergency patient transport services under the licence.\n\n(2) A person who holds a first aid service licence is authorised to obtain through wholesale supply, and to possess, a Schedule 3 poison for the purpose of providing first aid services under the licence.\n\nReg. 133F inserted by S.R. No. 113/2022 reg. 6.\n\n","sortOrder":190},{"sectionNumber":"133F","sectionType":"section","heading":"Possession and supply of Schedule 3 naloxone by approved naloxone provider","content":"\t133F Possession and supply of Schedule 3 naloxone by approved naloxone provider\n\n(1) An approved naloxone provider is authorised to obtain and to possess Schedule 3 naloxone—\n\n(a) for the purpose of facilitating the supply of the naloxone, for the treatment of opioid overdoses, by approved naloxone workers who are engaged by the provider; and\n\n(b) in accordance with the conditions (if any) specified in the provider's approval under regulation 161D.\n\nReg. 133F(2) amended by S.R. No. 126/2024 reg. 13(1).\n\n(2) Subject to subregulation (3), an approved naloxone provider is authorised to supply Schedule 3 naloxone to an approved naloxone worker who is engaged by the provider if that supply is—\n\n(a) for the purpose of facilitating the supply of the naloxone, for the treatment of opioid overdoses, by the worker; and\n\n(b) in accordance with the conditions (if any) specified in the provider's approval under regulation 161D.\n\n(3) An approved naloxone provider that supplies Schedule 3 naloxone to an approved naloxone worker who is engaged by the provider must place a label on the container which uniquely identifies the provider.\n\nReg. 133F(3A) inserted by S.R. No. 126/2024 reg. 13(2).\n\n(3A) Subject to subregulation (3B), an approved naloxone provider is authorised to supply Schedule 3 naloxone for the treatment of opioid overdose by means of an automatic machine if that supply is in accordance with the conditions (if any) specified in the provider's approval under regulation 161D.\n\nReg. 133F(3B) inserted by S.R. No. 126/2024 reg. 13(2).\n\n(3B) An approved naloxone provider must not place Schedule 3 naloxone into an automatic machine by means of which the naloxone is to be supplied for the treatment of opioid overdose unless the naloxone is in a container on which there is a label that uniquely identifies the provider.\n\n(4) An agent of an approved naloxone provider is authorised to obtain, possess and supply Schedule 3 naloxone as an agent of that provider and to the extent and for the purpose permitted by this regulation.\n\nReg. 133G inserted by S.R. No. 113/2022 reg. 6.\n\n","sortOrder":191},{"sectionNumber":"133G","sectionType":"section","heading":"Possession and supply of Schedule 3 naloxone by approved naloxone worker","content":"\t133G Possession and supply of Schedule 3 naloxone by approved naloxone worker\n\n(1) An approved naloxone worker is authorised to do the things specified in subregulation (2)—\n\n(a) in the course of the worker's engagement by an approved naloxone provider; and\n\n(b) in accordance with the conditions (if any) specified in the worker's approval under regulation 161E.\n\n(2) The specified things are—\n\n(a) possess Schedule 3 naloxone supplied to the worker by the approved naloxone provider that engages them; and\n\n(b) supply the naloxone to any person for the treatment of opioid overdoses.\n\nReg. 133H inserted by S.R. No. 113/2022 reg. 6.\n\n","sortOrder":192},{"sectionNumber":"133H","sectionType":"section","heading":"Possession and supply of Schedule 3 naloxone by person to whom it is supplied by approved naloxone worker","content":"\t133H Possession and supply of Schedule 3 naloxone by person to whom it is supplied by approved naloxone worker\n\nIf Schedule 3 naloxone is supplied to any person by an approved naloxone worker, that naloxone may be supplied to any other person for the treatment of opioid overdoses—\n\n(a) by the person to whom the naloxone was supplied by the worker; and\n\n(b) by any other person to whom the naloxone is subsequently supplied.\n\nReg. 133I inserted by S.R. No. 124/2025 reg. 42.\n\n","sortOrder":193},{"sectionNumber":"133I","sectionType":"section","heading":"Possession of Schedule 3 poison by registered Aboriginal and Torres Strait Islander health practitioner","content":"\t133I Possession of Schedule 3 poison by registered Aboriginal and Torres Strait Islander health practitioner\n\nA registered Aboriginal and Torres Strait Islander health practitioner is authorised to obtain and possess a Schedule 3 poison in accordance with an approval under regulation 161H for the purpose of—\n\n(b) administration in accordance with an Aboriginal and Torres Strait Islander health practitioner administration instruction given by—\n\nReg. 133J inserted by S.R. No. 124/2025 reg. 42.\n\n","sortOrder":194},{"sectionNumber":"133J","sectionType":"section","heading":"Possession of Schedule 3 poison by Aboriginal and Torres Strait Islander health worker","content":"\t133J Possession of Schedule 3 poison by Aboriginal and Torres Strait Islander health worker\n\nAn Aboriginal and Torres Strait Islander health worker is authorised to obtain and possess a Schedule 3 poison in accordance with an approval under regulation 161J for the purpose of administration in accordance with an Aboriginal and Torres Strait Islander health worker administration instruction given by—\n\n","sortOrder":195},{"sectionNumber":"134","sectionType":"section","heading":"Restrictions on dealing with Schedule 3 poison—registered medical practitioner","content":"\t134 Restrictions on dealing with Schedule 3 poison—registered medical practitioner\n\nReg. 134(1) amended by S.R. No. 124/2025 reg. 43(1).\n\n(1) A registered medical practitioner must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner  supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless—\n\n(a) that poison is for the medical treatment of a person under the practitioner's care; and\n\n(b) if the poison is a drug of dependence, the practitioner has taken all reasonable steps to ascertain the identity of the person who is to be treated.\n\nReg. 134(2) amended by S.R. No. 124/2025 reg. 43(2).\n\n(2) A registered medical practitioner must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless the practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\n","sortOrder":196},{"sectionNumber":"135","sectionType":"section","heading":"Restrictions on dealing with Schedule 3 poison—veterinary practitioner","content":"\t135 Restrictions on dealing with Schedule 3 poison—veterinary practitioner\n\n(1) A veterinary practitioner must not issue a prescription for, sell, supply or administer a Schedule 3 poison unless—\n\n(a) that poison is for the treatment of an animal under the practitioner's care; and\n\n(b) if the poison is a drug of dependence, the practitioner has taken all reasonable steps to ascertain the identity of the person who owns or has custody or care of the animal that is to be treated.\n\n(2) A veterinary practitioner must not issue a prescription for, sell, supply or administer a Schedule 3 poison unless the practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\n","sortOrder":197},{"sectionNumber":"136","sectionType":"section","heading":"Restrictions on dealing with Schedule 3 poison—dentist","content":"\t136 Restrictions on dealing with Schedule 3 poison—dentist\n\nReg. 136(1) amended by S.R. No. 124/2025 reg. 44(1).\n\n(1) A dentist must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless—\n\n(a) that poison is for the dental treatment of a person under the dentist's care; and\n\n(b) if the poison is a drug of dependence, the dentist has taken all reasonable steps to ascertain the identity of the person who is to be treated.\n\nReg. 136(2) amended by S.R. No. 124/2025 reg. 44(2).\n\n(2) A dentist must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless the dentist has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\n","sortOrder":198},{"sectionNumber":"137","sectionType":"section","heading":"Restrictions on dealing with Schedule 3 poison—nurse practitioner","content":"\t137 Restrictions on dealing with Schedule 3 poison—nurse practitioner\n\nReg. 137(1) amended by S.R. No. 124/2025 reg. 45(1).\n\n(1) A nurse practitioner must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner  supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless—\n\n(a) that poison is for the treatment of a person under the nurse practitioner's care; and\n\n(b) if the poison is a drug of dependence, the nurse practitioner has taken all reasonable steps to ascertain the identity of the person who is to be treated.\n\nReg. 137(2) amended by S.R. No. 124/2025 reg. 45(2).\n\n(2) A nurse practitioner must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless the nurse practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\nReg. 137A inserted by S.R. No. 13/2021 reg. 31.\n\n","sortOrder":199},{"sectionNumber":"137A","sectionType":"section","heading":"Sale, supply or administration of Schedule 3 poison—authorised registered nurse","content":"\t137A Sale, supply or administration of Schedule 3 poison—authorised registered nurse\n\n(1) An authorised registered nurse must not sell, supply or administer a Schedule 3 poison unless—\n\n(a) that poison is for the treatment of a person under the nurse's care; and\n\n(b) if the poison is a drug of dependence, the nurse has taken all reasonable steps to ascertain the identity of the person who is to be treated.\n\n(2) An authorised registered nurse must not sell, supply or administer a Schedule 3 poison unless the authorised registered nurse has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\nReg. 137B inserted by S.R. No. 13/2021 reg. 31.\n\n","sortOrder":200},{"sectionNumber":"137B","sectionType":"section","heading":"Sale, supply or administration of Schedule 3 poison—approved registered nurse","content":"\t137B Sale, supply or administration of Schedule 3 poison—approved registered nurse\n\n(1) Subject to this regulation, an approved registered nurse is authorised to sell, supply and administer a Schedule 3 poison.\n\n(2) An approved registered nurse must not sell, supply or administer a Schedule 3 poison unless—\n\n(a) the poison is for the treatment of a person under the nurse's care; and\n\n(b) if the poison is a drug of dependence, the nurse has taken all reasonable steps to ascertain the identity of the person who is to be treated; and\n\n(c) the sale, supply or administration is in accordance with an approval under regulation 161C.\n\n(3) An approved registered nurse must not sell, supply or administer a Schedule 3 poison unless the nurse has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\n","sortOrder":201},{"sectionNumber":"138","sectionType":"section","heading":"Restrictions on dealing with Schedule 3 poison—authorised midwife","content":"\t138 Restrictions on dealing with Schedule 3 poison—authorised midwife\n\nReg. 138(1) amended by S.R. No. 124/2025 reg. 46(1).\n\n(1) An authorised midwife must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless—\n\n(a) that poison is for the midwifery treatment of a person under the midwife's care; and\n\n(b) if the poison is a drug of dependence, the midwife has taken all reasonable steps to ascertain the identity of the person who is to be treated.\n\nReg. 138(2) amended by S.R. No. 124/2025 reg. 46(2).\n\n(2) An authorised midwife must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless the midwife has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\nReg. 138A inserted by S.R. No. 13/2021 reg. 32.\n\n","sortOrder":202},{"sectionNumber":"138A","sectionType":"section","heading":"Sale, supply or administration of Schedule 3 poison—approved registered midwife","content":"\t138A Sale, supply or administration of Schedule 3 poison—approved registered midwife\n\n(1) Subject to this regulation, an approved registered midwife is authorised to sell, supply and administer a Schedule 3 poison.\n\n(2) An approved registered midwife must not sell, supply or administer a Schedule 3 poison unless—\n\n(a) the poison is for the treatment of a person under the midwife's care; and\n\n(b) if the poison is a drug of dependence, the midwife has taken all reasonable steps to ascertain the identity of the person who is to be treated; and\n\n(c) the sale, supply or administration is in accordance with an approval under regulation 161C.\n\n(3) An approved registered midwife must not sell, supply or administer a Schedule 3 poison unless the midwife has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\n","sortOrder":203},{"sectionNumber":"139","sectionType":"section","heading":"Restrictions on dealing with Schedule 3 poison—authorised optometrist","content":"\t139 Restrictions on dealing with Schedule 3 poison—authorised optometrist\n\nReg. 139(1) amended by S.R. No. 124/2025 reg. 47(1).\n\n(1) An authorised optometrist must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner  supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless—\n\n(a) that poison is for the ocular treatment of a person under the optometrist's care; and\n\n(b) if the poison is a drug of dependence, the optometrist has taken all reasonable steps to ascertain the identity of the person who is to be treated.\n\nReg. 139(2) amended by S.R. No. 124/2025 reg. 47(2).\n\n(2) An authorised optometrist must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner  supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless the optometrist has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\n","sortOrder":204},{"sectionNumber":"140","sectionType":"section","heading":"Restrictions on dealing with Schedule 3 poison—authorised podiatrist","content":"\t140 Restrictions on dealing with Schedule 3 poison—authorised podiatrist\n\nReg. 140(1) amended by S.R. No. 124/2025 reg. 48(1).\n\n(1) An authorised podiatrist must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless—\n\n(a) that poison is for the podiatric treatment of a person under the podiatrist's care; and\n\n(b) if the poison is a drug of dependence, the podiatrist has taken all reasonable steps to ascertain the identity of the person who is to be treated.\n\nReg. 140(2) amended by S.R. No. 124/2025 reg. 48(2).\n\n(2) An authorised podiatrist must not issue a prescription for, write a chart instruction for, give an Aboriginal and Torres Strait Islander health practitioner supply instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison unless the podiatrist has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\n","sortOrder":205},{"sectionNumber":"141","sectionType":"section","heading":"Restrictions on dealing with Schedule 3 poison—pharmacist","content":"\t141 Restrictions on dealing with Schedule 3 poison—pharmacist\n\nReg. 141(1) substituted by S.R. No. 174/2021 reg. 10.\n\n(1) A pharmacist must not sell, supply or administer a Schedule 3 poison—\n\n(i) that poison is for the treatment of a person under the pharmacist's care; and\n\n(ii) if the poison is a drug of dependence, the pharmacist has taken all reasonable steps to ascertain the identity of the person who is to be treated; or\n\n(b) unless that poison is not a drug of dependence and it is sold or supplied (other than by wholesale) for the purposes of first aid treatment of any person in a life-threatening emergency.\n\n**Example**\n\nSale or supply for inclusion in a first aid kit.\n\n(2) Subject to subregulation (3), a pharmacist must not sell, supply or administer a Schedule 3 poison unless the pharmacist has taken all reasonable steps to ensure a therapeutic need exists for that poison.\n\n(3) A pharmacist is not required to take all reasonable steps to ensure a therapeutic need exists if the pharmacist is supplying a Schedule 3 poison—\n\n(a) by wholesale to a person to whom such supply is specifically authorised by the Act or these Regulations; or\n\n(b) in accordance with a prescription; or\n\n(c) in accordance with a chart instruction.\n\nReg. 141A inserted by S.R. No. 124/2025 reg. 49.\n\n","sortOrder":206},{"sectionNumber":"141A","sectionType":"section","heading":"Supply or administration of Schedule 3 poison—registered Aboriginal and Torres Strait Islander health practitioner","content":"\t141A Supply or administration of Schedule 3 poison—registered Aboriginal and Torres Strait Islander health practitioner\n\n(1) A registered Aboriginal and Torres Strait Islander health practitioner must not sell, supply or administer a Schedule 3 poison other than in accordance with subregulation (2) or (3).\n\n(2) A registered Aboriginal and Torres Strait Islander health practitioner may supply a Schedule 3 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner supply instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the supply is in accordance with—\n\n(a) that supply instruction; and\n\n(b) the conditions (if any) specified in the Secretary's approval of the poison under regulation 161H.\n\n(3) A registered Aboriginal and Torres Strait Islander health practitioner may administer a Schedule 3 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the administration is in accordance with—\n\n(b) the conditions (if any) specified in the Secretary's approval of the poison under regulation 161H.\n\nReg. 141B inserted by S.R. No. 124/2025 reg. 49.\n\n","sortOrder":207},{"sectionNumber":"141B","sectionType":"section","heading":"Administration of Schedule 3 poison—Aboriginal and Torres Strait Islander health worker","content":"\t141B Administration of Schedule 3 poison—Aboriginal and Torres Strait Islander health worker\n\n(1) An Aboriginal and Torres Strait Islander health worker must not sell, supply or administer a Schedule 3 poison other than in accordance with subregulation (2).\n\n(2) An Aboriginal and Torres Strait Islander health worker may administer a Schedule 3 poison to a person specified in an Aboriginal and Torres Strait Islander health worker administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the administration is in accordance with—\n\n(b) the conditions (if any) specified in the Secretary's approval of the poison under regulation 161J.\n\nReg. 142 revoked by S.R. No. 13/2021 reg. 33.\n\n","sortOrder":208},{"sectionNumber":"143","sectionType":"section","heading":"Restrictions on storage and display","content":"\t143 Restrictions on storage and display\n\nA person who is authorised or licensed under the Act to sell or supply Schedule 3 poisons must not keep, store or display any Schedule 3 poison—\n\n(a) in a manner which readily allows self‑selection by the public; or\n\n(b) in a manner which promotes the sale of that Schedule 3 poison or draws undue attention to it.\n\n","sortOrder":209},{"sectionNumber":"144","sectionType":"section","heading":"Requirements to supply—delivery, supervision and directions for use","content":"\t144 Requirements to supply—delivery, supervision and directions for use\n\nReg. 144(1) amended by S.R. No. 13/2021 reg. 34(1).\n\n(1) A practitioner specified in subregulation (1A) who sells or supplies a Schedule 3 poison to a person must—\n\n(a) personally deliver or personally supervise its delivery to the person; and\n\n(b) provide directions for the use of the Schedule 3 poison.\n\nReg. 144(1A) inserted by S.R. No. 13/2021 reg. 34(2).\n\nReg. 144 (1A)(k) amended by S.R. No. 124/2025 reg. 50(1).\n\n(k) a pharmacist;\n\nReg. 144 (1A)(l) inserted by S.R. No. 124/2025 reg. 50(2).\n\n(l) a registered Aboriginal and Torres Strait Islander health practitioner.\n\n(2) Subregulation (1) does not apply to a pharmacist who sells or supplies a Schedule 3 poison—\n\n(a) by wholesale to a person to whom that sale or supply by wholesale is specifically authorised by the Act or these Regulations; or\n\n(b) in accordance with—\n\n(i) a prescription; or\n\n(ii) a chart instruction given on a residential medication chart or hospital medication chart by a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist.\n\n","sortOrder":210},{"sectionNumber":"145","sectionType":"section","heading":"Requirements to supply—label identifying supplier","content":"\t145 Requirements to supply—label identifying supplier\n\nReg. 145(1) amended by S.R. No. 13/2021 reg. 35(1)(2).\n\n(1) A practitioner specified in subregulation (1A) who sells or supplies a Schedule 3 poison to a person must place a label on the container which uniquely identifies the supplier.\n\nReg. 145(1A) inserted by S.R. No. 13/2021 reg. 35(3).\n\nReg. 145 (1A)(k) amended by S.R. No. 124/2025 reg. 51(1).\n\n(k) a pharmacist;\n\nReg. 145 (1A)(l) inserted by S.R. No. 124/2025 reg. 51(2).\n\n(l) a registered Aboriginal and Torres Strait Islander health practitioner.\n\n(2) Subregulation (1) does not apply to a pharmacist who sells or supplies a Schedule 3 poison by wholesale to a person to whom that sale or supply by wholesale is specifically authorised by the Act or these Regulations.\n\n","sortOrder":211},{"sectionNumber":"146","sectionType":"section","heading":"Administration, prescription, sale or supply prohibited if to support drug dependency","content":"\t146 Administration, prescription, sale or supply prohibited if to support drug dependency\n\nA person must not issue a prescription for, write a chart instruction for, sell, supply, authorise the administration of or administer a Schedule 3 poison to a person merely for the purpose of supporting the drug dependence of that person.\n\n","sortOrder":212},{"sectionNumber":"147","sectionType":"section","heading":"Notification of fraudulent obtaining of order or prescription","content":"\t147 Notification of fraudulent obtaining of order or prescription\n\n(a) a registered medical practitioner; and\n\n(b) a dentist; and\n\n(c) a veterinary practitioner; and\n\n(d) a nurse practitioner; and\n\nReg. 147(1)(da) inserted by S.R. No. 13/2021 reg. 36(1).\n\n(da) an authorised registered nurse; and\n\nReg. 147(1)(db) inserted by S.R. No. 13/2021 reg. 36(1).\n\n(db) an approved registered nurse; and\n\n(e) an authorised midwife; and\n\nReg. 147(1)(ea) inserted by S.R. No. 13/2021 reg. 36(2).\n\n(ea) an approved registered midwife; and\n\n(f) an authorised optometrist; and\n\n(g) an authorised podiatrist; and\n\nReg. 147(1)(h) revoked by S.R. No. 13/2021 reg. 36(3).\n\nReg. 147(1)(i) amended by S.R. No. 124/2025 reg. 52(1).\n\n(i) a pharmacist; and\n\nReg. 147(1)(j) inserted by S.R. No. 124/2025 reg. 52(2).\n\n(j) a registered Aboriginal and Torres Strait Islander health practitioner.\n\n(2) A practitioner to whom this regulation applies and who suspects or has reason to believe that a person has obtained from the practitioner by means of a false pretence an order or prescription for a Schedule 3 poison that is a drug of dependence must immediately inform the Secretary and a police officer of that suspicion or belief.\n\n(3) A practitioner to whom this regulation applies and who suspects or has reason to believe that a person has obtained from the practitioner by means of a false pretence a Schedule 3 poison that is a drug of dependence must immediately inform the Secretary and a police officer of that suspicion or belief.\n\nPart 3—Schedule 7 poisons\n\n","sortOrder":213},{"sectionNumber":"148","sectionType":"section","heading":"Controls concerning listed regulated poisons","content":"\t148 Controls concerning listed regulated poisons\n\nA person must not purchase or otherwise obtain, possess or use a listed regulated poison unless the person is authorised, licensed or permitted under the Act or these Regulations to do so.\n\nReg. 149 amended by S.R. No. 126/2024 reg. 14.\n\n","sortOrder":214},{"sectionNumber":"149","sectionType":"section","heading":"Licences, permits or warrants required for special Schedule 7 substances","content":"\t149 Licences, permits or warrants required for special Schedule 7 substances\n\nA person must not possess or use a special Schedule 7 substance unless the person is authorised, licensed or permitted under the Act or these Regulations to do so.\n\nCh. 3A (Heading and regs 149A–149C inserted by S.R. No. 45/2018 reg. 4.\n\n","sortOrder":215},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Medically supervised injecting centre","content":"Chapter 3A—Medically supervised injecting centre\n\nReg. 149A inserted by S.R. No. 45/2018 reg. 4.\n\n","sortOrder":216},{"sectionNumber":"149A","sectionType":"section","heading":"Prescribed injecting centre drugs","content":"\t149A Prescribed injecting centre drugs\n\nFor the purposes of the definition of ***injecting centre drug*** in section 4(1) of the Act, any drug of dependence is prescribed as an injecting centre drug.\n\nReg. 149B inserted by S.R. No. 45/2018 reg. 4.\n\n","sortOrder":217},{"sectionNumber":"149B","sectionType":"section","heading":"Permitted quantity of injecting centre drugs","content":"\t149B Permitted quantity of injecting centre drugs\n\nFor the purposes of the definition of ***permitted quantity of injecting centre drug*** in section 4(1) of the Act, theprescribed amount of an injecting centre drug is an amount of a drug of dependence that is less than a traffickable quantity within the meaning of section 70 of the Act in relation to that drug of dependence.\n\nReg. 149C inserted by S.R. No. 45/2018 reg. 4.\n\n","sortOrder":218},{"sectionNumber":"149C","sectionType":"section","heading":"Internal management protocols","content":"\t149C Internal management protocols\n\nFor the purposes of section 55E of the Act, the content of the internal management protocols must include operational procedures with regard to the following—\n\n(a) responding to clients who are at risk of causing harm to themselves or others;\n\n(b) ensuring minimum staffing levels are maintained at the licensed medically supervised injecting centre;\n\n(c) ensuring minimum security levels are maintained at the licensed medically supervised injecting centre;\n\n(d) excluding the employment of potential and existing staff members deemed unsuitable for employment at the licensed medically supervised injecting centre on the basis of their criminal history;\n\n(e) setting eligibility criteria for accessing any part of the licensed medically supervised injecting centre that is used for the purpose of administration of any injecting centre drug;\n\n(f) preventing access to the licensed medically supervised injecting centre by clients known to be on parole, on bail or subject to any other order of a court or tribunal that prohibits the use of injecting drugs;\n\n(g) preventing and responding to any potential or suspected trafficking in a drug of dependence in the licensed medically supervised injecting centre.\n\nCh. 3B (Heading and regs 149D–149N) inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":219},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Drug-checking services","content":"Chapter 3B—Drug-checking services\n\nReg. 149D inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":220},{"sectionNumber":"149D","sectionType":"section","heading":"Interpretation","content":"\t149D Interpretation\n\n(1) Each of the following is a ***drug-checking transaction*** for the purposes of this Part—\n\n(a) receiving a substance as authorised by section 20AA(1)(a) or (2)(b) of the Act;\n\n(b) supplying a substance as authorised by section 20AA(1)(b) or (2)(a) of the Act;\n\n(c) analysing a substance as authorised by section 20AA(1)(c) or (2)(b)(i) of the Act;\n\n(d) destroying a substance as authorised by section 20AA(1)(d) or (2)(b)(ii) of the Act.\n\n(2) A substance received, supplied, analysed or destroyed as referred to in subregulation (1) is a ***transacted substance*** for the purposes of this Part.\n\nReg. 149E inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":221},{"sectionNumber":"149E","sectionType":"section","heading":"Prescribed requirements for drug‑checking directors","content":"\t149E Prescribed requirements for drug‑checking directors\n\nFor the purposes of paragraph (b) of the definition of ***drug-checking director*** in section 4(1) of the Act, the prescribed requirement is at least 2 years of experience in operational management in the provision of alcohol and other drug treatment services or harm reduction services.\n\nReg. 149F inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":222},{"sectionNumber":"149F","sectionType":"section","heading":"Prescribed qualifications for special drug‑checking workers","content":"\t149F Prescribed qualifications for special drug‑checking workers\n\n(1) For the purposes of the definition of ***special drug-checking worker*** in section 4(1) of the Act, the prescribed qualification is a bachelor degree in, or with a major in, any of the following areas, however described—\n\n(a) chemistry;\n\n(b) pharmacology;\n\n(c) forensic science;\n\n(d) forensic toxicology.\n\n(2) A qualification approved by the Secretary under regulation 163B is also a prescribed qualification for the purposes of the definition of ***special drug-checking worker*** in section 4(1) of the Act.\n\nReg. 149G inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":223},{"sectionNumber":"149G","sectionType":"section","heading":"Conditions of drug-checking permit—record-keeping","content":"\t149G Conditions of drug-checking permit—record-keeping\n\n(1) For the purposes of section 20AAB(1)(a) of the Act, the prescribed matters of which the holder of a drug-checking permit must keep records are the following matters in respect of each drug-checking transaction carried out by the holder of the permit or by a special drug-checking worker engaged by the holder of the permit—\n\n(a) the date of the drug-checking transaction;\n\n(b) the name of the person who carried out the drug-checking transaction;\n\n(c) the quantity of the transacted substance;\n\n(d) if the person carrying out the transaction knows which poisons, controlled substances or drugs of dependence are present in the transacted substance, the name of each poison, controlled substance or drug of dependence;\n\n(e) if the person carrying out the transaction does not know which poisons, controlled substances or drugs of dependence the transacted substance contains, a description of the appearance of the substance;\n\n**Example**\n\nA description of the substance's colour, consistency and form.\n\n(f) if the drug-checking transaction is the supply of a substance to the holder of another permit as authorised by section 20AA(2)(a) of the Act, the name and address of the holder of that other permit;\n\n(g) if the drug-checking transaction is the receipt of a substance from the holder of another permit as authorised by section 20AA(2)(b) of the Act, the name and address of the holder of that other permit;\n\n(h) if the drug-checking transaction is the destruction of a substance as authorised by section 20AA(1)(d) or (2)(b)(ii) of the Act—\n\n(i) the method and place of destruction; and\n\n(ii) the name of the person in whose presence the substance is destroyed as required by regulation 149J(1)(b).\n\n(2) Additionally, for the purposes of section 20AAB(1)(a) of the Act, the prescribed matters of which the holder of a drug‑checking permit must keep records includes the transacted substances currently possessed under the permit.\n\n(3) For the purposes of section 20AAB(1)(a) of the Act, the holder of a drug-checking permit must ensure that the records required to be kept under the condition set out in that provision—\n\n(a) are able to be readily sorted by reference to the poison, controlled substance or drug of dependence contained in the transacted substances; and\n\n(b) are readily retrievable in English; and\n\n(c) are kept by the holder of the permit in a readily retrievable form for 3 years from the date of the drug-checking transaction; and\n\n(d) are produced on demand to an authorized officer; and\n\n(e) are maintained in a manner that ensures that the records cannot be altered, destroyed, deleted or removed without detection.\n\n(4) For the purposes of section 20AAB(1)(a) of the Act, the holder of a drug-checking permit must not make, or cause to be made, a record referred to in that provision that the holder of the permit knows to be false or misleading.\n\n(5) The holder of a drug-checking permit must notify the Secretary without delay of the circumstances of any loss, destruction or theft of records kept by the holder of the permit as required by the condition set out in section 20AAB(1)(a) of the Act.\n\nReg. 149H inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":224},{"sectionNumber":"149H","sectionType":"section","heading":"Storage of substances","content":"\t149H Storage of substances\n\n(1) The holder of a mobile drug-checking permit must store the drug-checking substances and calibration substances that the holder of the permit possesses in a lockable storage facility that, at all times during which a drug‑checking service is provided by the holder of the permit, remains secured to prevent unauthorised removal of the storage facility.\n\n(2) Subregulation (1) does not apply to the holder of a mobile drug-checking permit to whom the Secretary has given a direction under regulation 149I(1).\n\n(3) The holder of a fixed site drug-checking permit must store the drug-checking substances and calibration substances that the holder of the permit possesses in a lockable storage facility that provides security at least equivalent to a storage facility that is—\n\n(a) constructed of mild steel plate of 10 mm thickness; and\n\n(b) constructed with continuous welding of all edges; and\n\n(c) fitted with a door constructed of mild steel plate of 10 mm thickness, swung on hinges welded to the door and body of the cabinet, the door being flush fitting with a clearance around the door of not more than 1·5 mm; and\n\n(d) fitted with a fixed locking bar, welded to the inside face of the door near the hinge edge, which engages in a rebate when the door is closed; and\n\n(e) fitted with a 6 lever lock securely affixed to the rear face of the door; and\n\n(f) securely attached to a wall or floor in such a manner that it will resist attack by hand tools for 30 minutes or power tools for 5 minutes.\n\n(4) Subregulation (3) does not apply to the holder of a fixed site drug-checking permit to whom the Secretary has given a direction under regulation 149I(1).\n\n(5) A person who holds a drug-checking permit and to whom the Secretary has given a direction under regulation 149I(1) must store the drug-checking substances and calibration substances that the holder of the permit possesses in accordance with that direction.\n\n(6) For the purpose of preventing unauthorised access to drug-checking substances and calibration substances, the holder of a drug‑checking permit must take all reasonable steps to ensure that a storage facility referred to in subregulation (1) or (3), or in which storage of substances is required under subregulation (5), remains locked and secured at all times, except when it is necessary to open it to carry out an essential operation in connection with the substances stored in it.\n\n(7) The holder of a drug-checking permit must take all reasonable steps to ensure that a storage facility referred to in subregulation (1) or (3), or in which storage of substances is required under subregulation (5), is used only for the storage of—\n\n(a) drug-checking substances; and\n\n(b) calibration substances; and\n\n(c) the substances that are specified in, or that belong to a class specified in, an approval granted to the holder of the permit by the Secretary under regulation 149I(2).\n\n(8) The holder of a drug-checking permit must keep each drug-checking substance or calibration substance that—\n\n(a) the holder of the permit possesses; and\n\n(b) is being transported for use in another place—\n\nin a locked storage facility which is secured to prevent unauthorised access to those poisons.\n\nReg. 149I inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":225},{"sectionNumber":"149I","sectionType":"section","heading":"Additional security provisions required in certain circumstances","content":"\t149I Additional security provisions required in certain circumstances\n\n(1) Subject to subregulation (3), the Secretary may direct the holder of a drug-checking permit to provide more secure storage for drug-checking substances and calibration substances than that described in regulation 149H(1) or (3).\n\n(2) Subject to subregulation (3), the Secretary may grant an approval in writing for the holder of a drug-checking permit to store, in the same storage facility as drug-checking substances and calibration substances, any other substance specified, or belonging to a class that is specified, in the approval.\n\n(3) Before giving a direction under subregulation (1) or granting approval under subregulation (2), the Secretary—\n\n(a) must have regard to—\n\n(i) the nature and quantity of the drug-checking substances and calibration substances that are to be stored; and\n\n(ii) the location, layout and construction of the storage facility and the premises; and\n\n(iii) the warning devices and detectors with which the storage facility and premises are equipped; and\n\n(iv) the previous or anticipated number and frequency of drug-checking transactions carried out under the drug-checking permit; and\n\n(v) the number of persons requiring access; and\n\n(b) may have regard to any other factors the Secretary considers relevant in the circumstances.\n\nReg. 149J inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":226},{"sectionNumber":"149J","sectionType":"section","heading":"Destruction of drug-checking substances","content":"\t149J Destruction of drug-checking substances\n\n(1) The holder of a drug-checking permit must ensure that any drug-checking substance that is required to be destroyed by a condition included in that permit under section 20AAB(2) of the Act is destroyed—\n\n(a) by a special drug-checking worker engaged by the holder of the permit; and\n\n(b) in the presence of—\n\n(i) another special drug-checking worker engaged by the holder of the permit; or\n\n(ii) a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse or registered midwife; and\n\n(c) in compliance with any requirements specified in a direction given to the holder of the permit by the Secretary under subregulation (2).\n\n(2) The Secretary may direct the holder of a drug-checking permit, in writing, to comply with any requirements specified in the direction in relation to the destruction of a drug-checking substance.\n\nReg. 149K inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":227},{"sectionNumber":"149K","sectionType":"section","heading":"Fit and proper person consultation","content":"\t149K Fit and proper person consultation\n\n(1) The Secretary must give a copy of an application for a drug-checking permit to the Chief Commissioner of Police within 7 days of receiving the application.\n\n(2) The Chief Commissioner of Police may advise the Secretary of any matters that the Chief Commissioner of Police believes are relevant to whether the applicant is a fit and proper person.\n\n(3) Advice under subregulation (2) may be given at any time within 21 days from the day on which the copy of the application is given under subregulation (1).\n\nReg. 149L inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":228},{"sectionNumber":"149L","sectionType":"section","heading":"Secretary must allow time for Chief Commissioner of Police to give advice","content":"\t149L Secretary must allow time for Chief Commissioner of Police to give advice\n\nThe Secretary must not determine an application for a drug-checking permit until either of the following has occurred—\n\n(a) the Chief Commissioner has advised the Secretary under regulation 149K(2); or\n\n(b) the period provided by regulation 149K(3) for the giving of that advice has elapsed.\n\nReg. 149M inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":229},{"sectionNumber":"149M","sectionType":"section","heading":"Matters the Secretary must consider before issuing drug-checking permit","content":"\t149M Matters the Secretary must consider before issuing drug-checking permit\n\n(1) Before issuing a drug-checking permit to a person under section 19(3) of the Act the Secretary must consider whether the applicant is of good repute, having regard to—\n\n(a) the applicant's character, honesty and integrity; and\n\n(b) if the Chief Commissioner of Police advises the Secretary under regulation 149K(2), the contents of that advice.\n\n(2) If the Chief Commissioner gives the Secretary advice referred to in regulation 149K(2) after the elapsing of the period provided by regulation 149K(3), the Secretary may have regard to that advice in determining the application but is not required to do so.\n\nReg. 149N inserted by S.R. No. 126/2024 reg. 15.\n\n","sortOrder":230},{"sectionNumber":"149N","sectionType":"section","heading":"Fit and proper person requirements","content":"\t149N Fit and proper person requirements\n\n(1) Subject to subregulation (3), the requirements that a person must meet in order to be a fit and proper person in relation to the issue of a drug-checking permit are—\n\n(a) that the person has not in the previous 10 years been found guilty of an indictable offence involving fraud, dishonesty or assault; and\n\n(b) that the person has not in the previous 10 years been found guilty of an offence against the Act with a penalty of imprisonment of more than one year; and\n\n(c) that the person has not in the previous 10 years been found guilty of an offence equivalent to an offence referred to in paragraph (a) or (b) under the law of another jurisdiction; and\n\n(d) that the person has not in the previous 10 years had a licence, permit or warrant they held under the Act cancelled or suspended under section 22C(1)(a), (b), (ba) or (c) of the Act; and\n\n(e) that, if the person is a body corporate, each officer of the body corporate also meets the requirements of the other paragraphs of this subregulation.\n\n(2) A person is not to be taken, for the purposes of subregulation (1)(a), (b) and (c), to have been found guilty of an offence if the finding of guilt in respect of that offence is a spent conviction within the meaning of the **Spent Convictions Act 2021**.\n\n(3) In determining whether a person is a fit and proper person in relation to the issue of a drug-checking permit, the Secretary may determine not to apply a requirement set out in subregulation (1)(a), (b) or (c) in relation to—\n\n(a) that person; or\n\n(b) if that person is a body corporate, either the body corporate or an officer of that body corporate—\n\nif the Secretary is satisfied that the person is a fit and proper person despite that requirement not being met.\n\n(4) In deciding whether to be satisfied as described in subregulation (3), the Secretary must have regard to—\n\n(a) the seriousness of the conduct constituting the offence of which the person was found guilty; and\n\n(b) the age of the person when the offence was committed; and\n\n(c) the length of time since the conduct occurred; and\n\n(d) the person's conduct since the offence occurred; and\n\n(e) the public interest in enabling the provision of harm reduction information by a drug‑checking service; and\n\n(f) any other matter that the Secretary considers relevant.\n\nChapter 4—Miscellaneous matters\n\nPart 1—General requirements\n\n\t150 Poisons to be sold by wholesale and retail in original unopened packs\n\n(1) Subject to subregulation (2), a person who sells or supplies a poison or controlled substance by wholesale or retail must sell or supply that poison or controlled substance only in the original unopened pack as received from the person who supplied that wholesaler or retailer.\n\n(2) Subregulation (1) does not apply to the sale or supply of a poison or controlled substance in the course of a person's lawful practice of the person's profession by a person authorised under section 13(1) of the Act with respect to that poison or controlled substance.\n\nReg. 151 amended by S.R. No. 126/2024 reg. 16 (ILA s. 39B(2)).\n\n","sortOrder":231},{"sectionNumber":"151","sectionType":"section","heading":"Transfer of poisons to inappropriate containers prohibited","content":"\t151 Transfer of poisons to inappropriate containers prohibited\n\n(1) Except in the course of actual use of a poison or controlled substance, a person must not remove that poison or controlled substance from the container in which it was dispensed, sold or supplied to put that poison or controlled substance—\n\n(a) into an unlabelled receptacle or container; or\n\n(b) into a receptacle or container which does not accurately identify that poison or controlled substance.\n\nReg. 151(2) inserted by S.R. No. 126/2024 reg. 16.\n\n(2) This regulation does not apply in relation to a drug-checking substance.\n\nReg. 152 (Heading) amended by S.R. Nos 126/2024 reg. 17(1), 124/2025 reg. 53(1).\n\n","sortOrder":232},{"sectionNumber":"152","sectionType":"section","heading":"Lost or stolen substances to be notified—practitioners and certain workers","content":"\t152 Lost or stolen substances to be notified—practitioners and certain workers\n\n(a) person who is—\n\nReg. 152(1)(a)(iva) inserted by S.R. No. 13/2021 reg. 37(1).\n\n(iva) an authorised registered nurse; or\n\nReg. 152(1)(a)(ivb) inserted by S.R. No. 13/2021 reg. 37(1).\n\n(ivb) an approved registered nurse; or\n\n(v) an authorised midwife; or\n\nReg. 152(1)(a)(va) inserted by S.R. No. 13/2021 reg. 37(2).\n\n(va) an approved registered midwife; or\n\n(vi) an authorised optometrist; or\n\n(vii) an authorised podiatrist; or\n\n(viii) a pharmacist; or\n\nReg. 152 (1)(a)(ix) inserted by S.R. No. 124/2025 reg. 53(2).\n\n(ix) a registered Aboriginal and Torres Strait Islander health practitioner; or\n\nReg. 152 (1)(a)(x) inserted by S.R. No. 124/2025 reg. 53(2).\n\n(x) an Aboriginal and Torres Strait Islander health worker; or\n\n(b) a person who holds a licence, permit or warrant issued under the Act or these Regulations.\n\nReg. 152(2) amended by S.R. No. 126/2024 reg. 17(2).\n\n(2) If a poison, controlled substance or drug-checking substance is lost by or stolen from a person to whom this regulation applies, the person must notify the Secretary and a police officer of the loss or theft immediately after becoming aware of it.\n\n","sortOrder":233},{"sectionNumber":"153","sectionType":"section","heading":"Lost or stolen poisons to be notified—other persons","content":"\t153 Lost or stolen poisons to be notified—other persons\n\n(a) a person referred to in Column 1 of Part 2 of the Table in regulation 7; or\n\n(b) a person who sells or supplies any Schedule 7 poison by retail; or\n\n(c) a person who is an approved provider of an aged care service where there is a resident in that service who has been supplied—\n\n(i) with a Schedule 4 poison or Schedule 8 poison on a prescription or a chart instruction; or\n\n(ii) with a Schedule 9 poison on a prescription.\n\n(2) If a poison or controlled substance is lost by or stolen from a person to whom this regulation applies, the person must notify either the Secretary or a police officer of the loss or theft immediately after becoming aware of it.\n\nReg. 154 amended by S.R. No. 126/2024 reg. 18.\n\n","sortOrder":234},{"sectionNumber":"154","sectionType":"section","heading":"Access to certain poisons restricted to a needs basis","content":"\t154 Access to certain poisons restricted to a needs basis\n\nA person who is authorised by, or licensed or permitted under, the Act or these Regulations, to be in possession of a Schedule 4 poison, listed regulated poison, Schedule 8 poison, Schedule 9 poison or drug-checking substance must take all reasonable steps to restrict access to that poison or substance to persons—\n\nReg. 154(a) amended by S.R. No. 126/2024 reg. 18(b).\n\n(a) authorised by, or licensed or permitted under the Act or these Regulations, to be in possession of that poison or substance; and\n\nReg. 154(b) amended by S.R. No. 126/2024 reg. 18(b).\n\n(b) to whom access is required for carrying out essential operations in relation to that poison or substance.\n\n","sortOrder":235},{"sectionNumber":"155","sectionType":"section","heading":"Form of seizure notice under section 43(1) of the Act","content":"\t155 Form of seizure notice under section 43(1) of the Act\n\nFor the purposes of section 43(1)(a) of the Act, the prescribed form is Form 5 in Schedule 2.\n\n","sortOrder":236},{"sectionNumber":"156","sectionType":"section","heading":"Form of complaint notice against a seizure under section 43(2) of the Act","content":"\t156 Form of complaint notice against a seizure under section 43(2) of the Act\n\nFor the purposes of section 43(2) of the Act the prescribed form is Form 6 in Schedule 2.\n\nPart 2—Licences and permits issued under the Act\n\n","sortOrder":237},{"sectionNumber":"157","sectionType":"section","heading":"Licence to sell or supply Schedule 2 poisons by retail","content":"\t157 Licence to sell or supply Schedule 2 poisons by retail\n\nThe Secretary must not grant a person a licence under the Act to sell or supply by retail a Schedule 2 poison unless the business premises of that person are situated at least 25 kilometres distance away by the shortest practicable road from the nearest pharmacy business.\n\n\t158 Fees\n\n(1) For the purposes of section 19(2) of the Act, the prescribed fee for a licence or permit specified in an item in Column 1 of the Table in Schedule 3 is the amount specified in Column 2 of that Table for that licence or permit.\n\n(2) For the purposes of section 22(1)(b) of the Act, the prescribed fee for the renewal of a licence or permit specified in Column 1 of the Table is the amount specified in Column 4 of that Table for that licence or permit.\n\n(3) For the purposes of section 22A(1) of the Act, the prescribed fee for an amendment of a licence or permit specified in Column 1 of the Table is—\n\n(a) if the amendment is of a purely clerical nature, nil; or\n\n(b) if the amendment requires inspection of the premises by an authorized officer, the amount specified in Column 3 of that Table for that licence or permit; or\n\n(c) in any other case, 13·6 fee units.\n\nPart 3—Other matters\n\nDivision 1—Approval of matters by Minister\n\n\t159 Minister may approve Schedule 4 poison for supply by pharmacist without prescription\n\n(1) The Minister, by notice published in the Government Gazette, may approve a Schedule 4 poison, or a class of Schedule 4 poison, for supply by pharmacists without a prescription.\n\n(2) An approval under subregulation (1) takes effect—\n\nDivision 2—Approval of matters by Secretary\n\nReg. 159A inserted by S.R. No. 31/2018 reg. 15.\n\n","sortOrder":238},{"sectionNumber":"159A","sectionType":"section","heading":"Secretary may approve dental assisting qualifications and courses in the administration of Schedule 4 poisons","content":"\t159A Secretary may approve dental assisting qualifications and courses in the administration of Schedule 4 poisons\n\nFor the purposes of the definition of ***dental assistant*** in regulation 5(1), the Secretary, by notice published in the Government Gazette, may approve—\n\n(a) a qualification in providing assistance to registered dental practitioners; and\n\n(b) a course in the administration of Schedule 4 poisons for dental treatment.\n\nReg. 159B inserted by S.R. No. 13/2021 reg. 38.\n\n","sortOrder":239},{"sectionNumber":"159B","sectionType":"section","heading":"Approved registered midwives","content":"\t159B Approved registered midwives\n\n(1) The Secretary by notice published in the Government Gazette may approve a class of registered midwife for the purposes of the definition of ***approved registered midwife*** in regulation 5(1).\n\n(2) Without limiting subregulation (1), the class may be defined using criteria relating to—\n\n(a) the completion of a training course or other education; or\n\n(b) the acquisition of a qualification; or\n\n(c) the length of time for which the registered midwife has practised; or\n\n(d) the location in which the registered midwife practises.\n\nReg. 159C inserted by S.R. No. 13/2021 reg. 38.\n\n","sortOrder":240},{"sectionNumber":"159C","sectionType":"section","heading":"Approved registered nurses","content":"\t159C Approved registered nurses\n\n(1) The Secretary by notice published in the Government Gazette may approve a class of registered nurse for the purposes of the definition of ***approved registered nurse*** in regulation 5(1).\n\n(2) Without limiting subregulation (1), the class may be defined using criteria relating to—\n\n(a) the completion of a training course or other education; or\n\n(b) the acquisition of a qualification; or\n\n(c) the length of time for which the registered nurse has practised; or\n\n(d) the location in which the registered nurse practises.\n\n","sortOrder":241},{"sectionNumber":"160","sectionType":"section","heading":"Secretary may approve Schedule 4 poisons for possession by certain persons","content":"\t160 Secretary may approve Schedule 4 poisons for possession by certain persons\n\n(1) For the purposes of regulation 7, the Secretary, by notice published in the Government Gazette, may approve a Schedule 4 poison that a person belonging to any of the following classes is authorised to possess—\n\n(a) a registered optometrist who is not an authorised optometrist;\n\n(b) a registered podiatrist who is not an authorised podiatrist;\n\n(c) a qualified ski patroller;\n\n(d) a registered dental hygienist;\n\n(e) a registered dental therapist;\n\n(f) a registered oral health therapist;\n\nReg. 160(1)(fa) inserted by S.R. No. 31/2018 reg. 16(1).\n\n(fa) a dental assistant;\n\n(g) an orthoptist;\n\nReg. 160(1)(h) amended by S.R. No. 178/2018 reg. 10(1).\n\n(h) an on-site emergency response worker trained in Advanced First Aid at mine sites and power stations;\n\nReg. 160(1) (ha) inserted by S.R. No. 174/2021 reg. 11.\n\n(ha) a person who holds a non-emergency patient transport service licence;\n\nReg. 160(1) (hb) inserted by S.R. No. 174/2021 reg. 11.\n\n(hb) a person (including a nurse) employed or engaged by the holder of a non-emergency patient transport service licence;\n\nReg. 160(1) (hc) inserted by S.R. No. 174/2021 reg. 11.\n\n(hc) a person who holds a first aid service licence to operate an intermediate first aid service or an advanced first aid service;\n\nReg. 160(1) (hd) inserted by S.R. No. 174/2021 reg. 11.\n\n(hd) a person (including a nurse) employed or engaged by a person who holds a first aid service licence to operate an intermediate first aid service or an advanced first aid service;\n\nReg. 160(1)(i) inserted by S.R. No. 178/2018 reg. 10(2), amended by S.R. Nos 16/2022 reg. 6(1), 124/2025 reg. 54(1).\n\n(i) a lifeguard employed or engaged (on a paid or unpaid basis) by Life Saving Victoria Limited ABN 21 102 927 364.\n\nReg. 160(1)(j) inserted by S.R. No. 16/2022 reg. 6(2), revoked by S.R. No. 124/2025 reg. 54(2).\n\nReg. 160(1A) inserted by S.R. No. 31/2018 reg. 16(2).\n\n(1A) The Secretary may specify in an approval under subregulation (1) that the approval is subject to a condition the Secretary considers necessary for the proper possession of a Schedule 4 poison.\n\n(2) An approval under subregulation (1) may be made in respect of—\n\n(b) a class of person referred to in subregulation (1) or a subset of any of those classes.\n\n(3) An approval under subregulation (1) takes effect—\n\nReg. 160A inserted by S.R. No. 31/2018 reg. 17.\n\n","sortOrder":242},{"sectionNumber":"160A","sectionType":"section","heading":"Secretary may approve an entity to be a public dental service","content":"\t160A Secretary may approve an entity to be a public dental service\n\nFor the purposes of item 21A in the Table in regulation 7, the Secretary, by notice published in the Government Gazette, may declare an entity to be a public dental service if the entity is wholly or partly funded by the State (whether directly or indirectly) to provide dental services.\n\n","sortOrder":243},{"sectionNumber":"161","sectionType":"section","heading":"Secretary may approve Schedule 4, 8 or 9 poisons for possession by nurses or registered midwives","content":"\t161 Secretary may approve Schedule 4, 8 or 9 poisons for possession by nurses or registered midwives\n\n(1) For the purposes of regulation 8, the Secretary, by notice published in the Government Gazette, may approve a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison that a nurse or registered midwife is authorised to possess where that possession is not authorised under section 13 or 14A of the Act.\n\n(2) The Secretary must not approve a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison under subregulation (1) unless the Secretary considers that—\n\n(a) the approval is necessary for the provision of health services and section 14A of the Act does not apply; and\n\n(b) it is within competence for the nurse or registered midwife to administer the poison without the supervision or instruction of—\n\n(i) in the case of a Schedule 4 poison, a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; or\n\n(ii) in the case of a Schedule 8 poison, a registered medical practitioner, dentist, nurse practitioner or authorised midwife; or\n\n(iii) in the case of a Schedule 9 poison, a registered medical practitioner or dentist.\n\nReg. 161(2A) inserted by S.R. No. 31/2018 reg. 18.\n\n(2A) The Secretary may specify in an approval under subregulation (1) that the approval is subject to—\n\n(a) a condition that the nurse or registered midwife may possess a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison specified in the approval only if the nurse or registered midwife—\n\n(b) any other condition the Secretary considers is necessary for the proper possession of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison.\n\n(3) An approval under subregulation (1) may be made in respect of—\n\n(a) a poison or a class of poison; and\n\n(b) all nurses or registered midwives or a class of nurse or registered midwives.\n\n(4) An approval under subregulation (1) takes effect—\n\nReg. 161A inserted by S.R. No. 13/2021 reg. 39.\n\n\t161A Secretary may approve Schedule 4 or Schedule 8 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives\n\n(1) The Secretary by notice published in the Government Gazette, may approve a Schedule 4 poison or Schedule 8 poison that an approved registered nurse or approved registered midwife is to be authorised to obtain, possess, sell, supply and administer where that obtaining, possession, sale, supply or administration is not authorised under section 13 or 14A of the Act.\n\n(2) The Secretary must not approve a Schedule 4 or Schedule 8 poison under subregulation (1) unless the Secretary considers that—\n\n(a) the approval is necessary for the provision of health services and neither section 13 nor 14A of the Act applies; and\n\n(b) it is within the competence of an approved registered nurse or approved registered midwife to obtain, possess, sell, supply and administer the poison without the supervision or instruction of—\n\n(i) in the case of a Schedule 4 poison, a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; or\n\n(ii) in the case of a Schedule 8 poison, a registered medical practitioner, dentist, nurse practitioner or authorised midwife.\n\n(3) An approval under subregulation (1) is subject to the condition that supply pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—\n\n(4) An approval under subregulation (1) is subject to the condition that administration pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—\n\n(5) The Secretary may set out in an approval under subregulation (1) any material in accordance with which a part of the Primary Clinical Care Manual is to be read for the purposes of that approval.\n\n(6) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any other condition the Secretary considers is necessary for the proper obtaining, possession, sale, supply or administration of a Schedule 4 poison or a Schedule 8 poison.\n\n(b) all approved registered nurses or approved registered midwives, or a class of approved registered nurses or approved registered midwives.\n\nReg. 161B inserted by S.R. No. 13/2021 reg. 39.\n\n\t161B Secretary may approve Schedule 2 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives\n\n(1) The Secretary by notice published in the Government Gazette, may approve a Schedule 2 poison that an approved registered nurse or approved registered midwife is to be authorised to obtain, possess, sell, supply and administer where that obtaining, possession, sale, supply or administration is not authorised under section 13 or 14A of the Act.\n\n(a) the approval is necessary for the provision of health services and neither section 13 nor section 14A of the Act applies; and\n\n(b) it is within the competence of an approved registered nurse or approved registered midwife to obtain, possess, sell, supply and administer the poison without the supervision of a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist.\n\n(3) An approval under subregulation (1) is subject to the condition that supply pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—\n\n(4) An approval under subregulation (1) is subject to the condition that administration pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—\n\n(5) The Secretary may set out in an approval under subregulation (1) any material in accordance with which a part of the Primary Clinical Care Manual is to be read for the purposes of that approval.\n\n(6) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any other condition the Secretary considers is necessary for the proper obtaining, possession, sale, supply or administration of a Schedule 2 poison.\n\n(b) all approved registered nurses or approved registered midwives, or a class of approved registered nurses or approved registered midwives.\n\nReg. 161C inserted by S.R. No. 13/2021 reg. 39.\n\n\t161C Secretary may approve Schedule 3 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives\n\nReg. 161C(1) amended by S.R. No. 124/2025 reg. 55.\n\n(1) The Secretary by notice published in the Government Gazette, may approve a Schedule 3 poison that an approved registered nurse or approved registered midwife is to be authorised to obtain, possess, sell, supply and administer where that obtaining, possession, sale, supply or administration is not authorised under section 13 or 14A of the Act.\n\n(a) the approval is necessary for the provision of health services and section 13 or 14A of the Act does not apply; and\n\n(b) it is within the competence of an approved registered nurse or approved registered midwife to obtain, possess, sell, supply and administer the poison without the supervision of a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist.\n\n(3) An approval under subregulation (1) is subject to the condition that supply pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—\n\n(4) An approval under subregulation (1) is subject to the condition that administration pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—\n\n(5) The Secretary may specify in an approval under subregulation (1) any material in accordance with which a part of the Primary Clinical Care Manual is to be read for the purposes of that approval.\n\n(6) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any other condition the Secretary considers is necessary for the proper obtaining, possession, sale, supply or administration of a Schedule 3 poison.\n\n(b) all approved registered nurses or approved registered midwives, or a class of approved registered nurses or approved registered midwives.\n\nReg. 161D inserted by S.R. No. 113/2022 reg. 7.\n\n\t161D Approved naloxone providers\n\n(1) The Secretary, by notice published in the Government Gazette, may approve a specified person, or a specified class of person, for the purposes of the definition of ***approved naloxone provider*** in regulation 5(1).\n\n(2) The Secretary may specify in an approval under subregulation (1) that the approval is subject to—\n\n(a) a condition that the approved naloxone provider must not—\n\n(i) supply Schedule 3 naloxone to an approved naloxone worker; or\n\n(ii) permit Schedule 3 naloxone to be supplied to an approved naloxone worker—\n\nif the approved naloxone worker has not completed specified training and been certified by the provider as competent to possess and supply Schedule 3 naloxone; and\n\n(b) any other condition the Secretary considers is necessary for the proper obtaining, possession or supply of naloxone for the treatment of opioid overdoses.\n\n(3) An approval under subregulation (1) takes effect—\n\nReg. 161E inserted by S.R. No. 113/2022 reg. 7.\n\n\t161E Approved naloxone workers\n\n(1) The Secretary, by notice published in the Government Gazette, may approve a specified class of persons who are engaged by approved naloxone providers (whether under a contract of employment, or as a volunteer or otherwise) for the purposes of the definition of ***approved naloxone worker*** in regulation 5(1).\n\n(2) Without limiting subregulation (1), the Secretary may approve a specified class of person by reference to—\n\n(a) a specified approved naloxone provider; or\n\n(b) a specified class of approved naloxone providers.\n\n(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to—\n\n(a) a condition that the approved naloxone worker must not possess or supply Schedule 3 naloxone until the worker has been—\n\n(i) provided with specified training; and\n\n(ii) certified, by the approved naxolone provider that engages the worker, as competent to possess and supply Schedule 3 naloxone; and\n\n(b) any other condition that the Secretary considers is necessary for the proper possession or supply of naloxone for the treatment of opioid overdoses.\n\n(4) An approval under subregulation (1) takes effect—\n\nReg. 161F inserted by S.R. No. 124/2025 reg. 56.\n\n\t161F Secretary may approve Schedule 4 or 8 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction\n\n(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 4 poison or Schedule 8 poison that a registered Aboriginal and Torres Strait Islander health practitioner is to be authorised to obtain, possess, supply and administer.\n\n(2) The Secretary must not approve a Schedule 4 poison or Schedule 8 poison under subregulation (1) unless the Secretary considers that—\n\n(b) it is within the competence of a registered Aboriginal and Torres Strait Islander health practitioner to obtain, possess, supply and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.\n\n(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, supply or administration of a Schedule 4 poison or Schedule 8 poison.\n\n(b) all registered Aboriginal and Torres Strait Islander health practitioners or a class of registered Aboriginal and Torres Strait Islander health practitioners.\n\nReg. 161G inserted by S.R. No. 124/2025 reg. 56.\n\n\t161G Secretary may approve Schedule 2 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction\n\n(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 2 poison that a registered Aboriginal and Torres Strait Islander health practitioner is to be authorised to obtain, possess, supply and administer.\n\n(b) it is within the competence of a registered Aboriginal and Torres Strait Islander health practitioner to obtain, possess, supply and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.\n\n(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, supply or administration of a Schedule 2 poison.\n\n(b) all registered Aboriginal and Torres Strait Islander health practitioners or a class of registered Aboriginal and Torres Strait Islander health practitioners.\n\nReg. 161H inserted by S.R. No. 124/2025 reg. 56.\n\n\t161H Secretary may approve Schedule 3 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction\n\n(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 3 poison that a registered Aboriginal and Torres Strait Islander health practitioner is to be authorised to obtain, possess, supply and administer.\n\n(b) it is within the competence of a registered Aboriginal and Torres Strait Islander health practitioner to obtain, possess, supply and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.\n\n(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, supply or administration of a Schedule 3 poison.\n\n(b) all registered Aboriginal and Torres Strait Islander health practitioners or a class of registered Aboriginal and Torres Strait Islander health practitioners.\n\nReg. 161I inserted by S.R. No. 124/2025 reg. 56.\n\n\t161I Secretary may approve Schedule 2 poisons for obtaining, possession or administration by Aboriginal and Torres Strait Islander health workers\n\n(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 2 poison that an Aboriginal and Torres Strait Islander health worker is to be authorised to obtain, possess and administer.\n\n(b) it is within the competence of an Aboriginal and Torres Strait Islander health worker to obtain, possess and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.\n\n(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession or administration of a Schedule 2 poison.\n\n(b) all Aboriginal and Torres Strait Islander health workers or a class of Aboriginal and Torres Strait Islander health workers.\n\nReg. 161J inserted by S.R. No. 124/2025 reg. 56.\n\n\t161J Secretary may approve Schedule 3 poisons for obtaining, possession or administration by Aboriginal and Torres Strait Islander health workers\n\n(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 3 poison that an Aboriginal and Torres Strait Islander health worker is to be authorised to obtain, possess and administer.\n\n(b) it is within the competence of an Aboriginal and Torres Strait Islander health worker to obtain, possess and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.\n\n(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, or administration of a Schedule 3 poison.\n\n(b) all Aboriginal and Torres Strait Islander health workers or a class of Aboriginal and Torres Strait Islander health workers.\n\n\t162 Secretary may approve manner in which person may write a prescription\n\n(1) For the purposes of regulation 24(1), the Secretary may approve a manner in which a person may write a prescription.\n\n(2) In approving a manner of writing a prescription under subregulation (1), the Secretary—\n\n(a) must have regard to security; and\n\n(b) must have regard to legibility; and\n\n(c) may have regard to any other factors the Secretary considers relevant in the circumstances.\n\n(3) An approval under subregulation (1) may be made in respect of—\n\n(a) a specified person; or\n\n(b) a class of person.\n\n(4) On making an approval under subregulation (1) in respect of a specified person, the Secretary must give a copy of the approval to the person in respect of whom it is made.\n\n(5) An approval under subregulation (1) made in respect of a specified person takes effect when it is made.\n\n(6) On making an approval under subregulation (1) in respect of a class of person, the Secretary must publish the approval in the Government Gazette.\n\n(7) An approval under subregulation (1) made in respect of a class of person takes effect—\n\nReg. 163 (Heading) amended by S.R. No. 105/2023 reg. 8(1).\n\n\t163 Secretary may approve Schedule 4 poison that pharmacist may administer to a person without instruction\n\nReg. 163(1) substituted by S.R. No. 105/2023 reg. 8(2).\n\n(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 4 poison that a pharmacist is to be authorised to administer to a person without an instruction from a registered medical practitioner, a dentist, a nurse practitioner or an authorised midwife.\n\n(2) The Secretary must not approve a Schedule 4 poison under subregulation (1) unless the Secretary considers that the approval is necessary for the provision of health services and section 14A of the Act does not apply.\n\n(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to—\n\n(a) a condition that a pharmacist may administer the Schedule 4 poison specified in the approval only in premises that satisfy criteria specified in the approval; or\n\n(b) a condition that a pharmacist may administer the Schedule 4 poison specified in the approval only if the pharmacist—\n\n(c) a condition that a pharmacist may administer the Schedule 4 poison specified in the approval only to persons belonging to a class specified in the approval; or\n\n(d) any other condition the Secretary considers is necessary for the proper administration of the Schedule 4 poison.\n\n(b) all pharmacists or a class of pharmacists.\n\nReg. 163A inserted by S.R. No. 105/2023 reg. 9.\n\n\t163A Secretary may approve Schedule 4 poison that pharmacist may sell, supply or administer for treatment of a person under the pharmacist's care without prescription or other instruction or authorisation\n\n(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 4 poison that a pharmacist is to be authorised to sell, supply or administer for treatment of a person under the pharmacist's care without a prescription or other instruction or authorisation.\n\n(2) The Secretary must not approve a Schedule 4 poison under subregulation (1) if the Schedule 4 poison is also a drug of dependence.\n\n(3) The Secretary must not approve a Schedule 4 poison under subregulation (1) unless the Secretary considers that the approval is necessary for the provision of health services and section 14A of the Act does not apply.\n\n(4) The Secretary may specify in an approval under subregulation (1) that the approval is subject to—\n\n(a) a condition that a pharmacist may sell, supply or administer the Schedule 4 poison specified in the approval only in premises that satisfy criteria specified in the approval; or\n\n(b) a condition that a pharmacist may sell, supply or administer the Schedule 4 poison specified in the approval only if the pharmacist—\n\n(c) a condition that a pharmacist may sell, supply or administer the Schedule 4 poison specified in the approval only to persons belonging to a class specified in the approval; or\n\n(d) any other condition the Secretary considers is necessary for the proper sale, supply or administration of the Schedule 4 poison.\n\n(5) An approval under subregulation (1) may be made in respect of—\n\n(b) all pharmacists or a class of pharmacists.\n\n(6) An approval under subregulation (1) takes effect—\n\nReg. 163B inserted by S.R. No. 126/2024 reg. 19.\n\n","sortOrder":244},{"sectionNumber":"163B","sectionType":"section","heading":"Secretary may approve qualification of special drug-checking worker","content":"\t163B Secretary may approve qualification of special drug-checking worker\n\nThe Secretary, by notice published in the Government Gazette, may approve a specified qualification, or all qualifications of a specified class, for the purposes of regulation 149F(2).\n\nPart 4—Transitional provisions\n\n","sortOrder":245},{"sectionNumber":"164","sectionType":"section","heading":"Definitions","content":"\t164 Definitions\n\nIn this Part—\n\n***old Regulations*** means the Drugs, Poisons and Controlled Substances Regulations 2006 as in force immediately before their revocation.\n\n","sortOrder":246},{"sectionNumber":"165","sectionType":"section","heading":"Approval of poisons for possession by nurses and registered midwives","content":"\t165 Approval of poisons for possession by nurses and registered midwives\n\nAn approval made under regulation 5(3) of the old Regulations and in effect immediately before 23 May 2017 is, on and after that date, taken to be an approval under regulation 161(1) of these Regulations.\n\n","sortOrder":247},{"sectionNumber":"166","sectionType":"section","heading":"Approval of poisons for persons specified in table","content":"\t166 Approval of poisons for persons specified in table\n\nAn approval made under regulation 6 of the old Regulations and in effect immediately before 23 May 2017 is, on and after that date, taken to be an approval under regulation 160(1) of these Regulations.\n\n","sortOrder":248},{"sectionNumber":"167","sectionType":"section","heading":"Permit to deal with Schedule 9 poison","content":"\t167 Permit to deal with Schedule 9 poison\n\nA permit issued under the old Regulations for the purposes of regulation 7 of those Regulations and in effect immediately before 23 May 2017 is, on and after that date, taken to be a general Schedule 9 permit.\n\n","sortOrder":249},{"sectionNumber":"168","sectionType":"section","heading":"Approval of Schedule 4 poison as suitable for supply without prescription","content":"\t168 Approval of Schedule 4 poison as suitable for supply without prescription\n\nAn approval notice made under regulation 15A(1) of the old Regulations and in effect immediately before 23 May 2017 is, on and after that date, taken to be an approval under regulation 159(1) of these Regulations.\n\n","sortOrder":250},{"sectionNumber":"169","sectionType":"section","heading":"Permits relating to special Schedule 8 poisons","content":"\t169 Permits relating to special Schedule 8 poisons\n\nA permit issued on an application under regulation 21, 21A, 21B, 21C, 21D or 22 of the old Regulations and in effect immediately before 23 May 2017 is, on and after that date, taken to be a special Schedule 8 permit.\n\n","sortOrder":251},{"sectionNumber":"170","sectionType":"section","heading":"Approval of manner of writing for prescription","content":"\t170 Approval of manner of writing for prescription\n\nAn approval made under regulation 26(1)(b) of the old Regulations and in effect immediately before 23 May 2017 is, on and after that date, taken to be an approval under regulation 162(1) of these Regulations.\n\n","sortOrder":252},{"sectionNumber":"171","sectionType":"section","heading":"Security directions and approvals","content":"\t171 Security directions and approvals\n\n(1) A direction given under regulation 37(1) of the old Regulations and in effect immediately before 23 May 2017 is, on and after that date, taken to be a direction given under regulation 76(1) of these Regulations.\n\n(2) An approval granted under regulation 37(1) of the old Regulations and in effect immediately before 23 May 2017 is, on and after that date, taken to be an approval granted under regulation 76(1) of these Regulations.\n\n","sortOrder":253},{"sectionNumber":"172","sectionType":"section","heading":"Approval of Schedule 4 poison for administration by pharmacist without instruction","content":"\t172 Approval of Schedule 4 poison for administration by pharmacist without instruction\n\nAn approval notice made under regulation 49B(1) of the old Regulations and in effect immediately before 23 May 2017 is, on and after that date, taken to be an approval under regulation 163(1) of these Regulations.\n\n","sortOrder":254},{"sectionNumber":"173","sectionType":"section","heading":"Direction to comply with destruction requirements","content":"\t173 Direction to comply with destruction requirements\n\nA direction given under regulation 51(5) of the old Regulations and in effect immediately before 23 May 2017 is, on and after that date, taken to be a direction under regulation 115(7) of these Regulations.\n\n","sortOrder":255},{"sectionNumber":"174","sectionType":"section","heading":"Authority to cultivate narcotic plants for non‑therapeutic uses","content":"\t174 Authority to cultivate narcotic plants for non‑therapeutic uses\n\nAn authority issued under regulation 52(1) of the old Regulations and in effect immediately before 23 May 2017 is, on and after that date, taken to be an authority under regulation 116(1) of these Regulations.\n\nSchedule 1––Revoked regulations\n\n1 Drugs, Poisons and Controlled Substances Regulations 2006[[1]](#endnote-2)\n\n2 Drugs, Poisons and Controlled Substances (Health Professions Amendment) Regulations 2007[[2]](#endnote-3)\n\n3 Drugs, Poisons and Controlled Substances Amendment Regulations 2009[[3]](#endnote-4)\n\n4 Drugs, Poisons and Controlled Substances Amendment Regulations 2010[[4]](#endnote-5)\n\n5 Drugs, Poisons and Controlled Substances Amendment Regulations 2012[[5]](#endnote-6)\n\n6 Drugs, Poisons and Controlled Substances Amendment (Continued Dispensing) Regulations 2013[[6]](#endnote-7)\n\n7 Drugs, Poisons and Controlled Substances Amendment (Cultivation of a Narcotic Plant) Regulations 2013[[7]](#endnote-8)\n\n8 Drugs, Poisons and Controlled Substances Amendment (Schedule 8 Permit) Regulations 2013[[8]](#endnote-9)\n\n9 Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2014[[9]](#endnote-10)\n\n10 Drugs, Poisons and Controlled Substances Amendment (Sodium Oxybate) Regulations 2015[[10]](#endnote-11)\n\n11 Drugs, Poisons and Controlled Substances Amendment (Administration of Schedule 3 and 4 Poisons by Pharmacists) Regulations 2016[[11]](#endnote-12)\n\n12 Drugs, Poisons and Controlled Substances Amendment (Cannabis and Tetrahydrocannabinols) Regulations 2016[[12]](#endnote-13)\n\n13 Drugs, Poisons and Controlled Substances Amendment Regulations 2016[[13]](#endnote-14)\n\n14 Drugs, Poisons and Controlled Substances Amendment Regulations 2017[[14]](#endnote-15)\n\nSchedule 2––Forms\n\nSch. 2 Form 1 revoked by S.R. No. 72/2018 reg. 10.\n\nSch. 2 Form 2 substituted by S.R. No. 96/2022 reg. 18.\n\nFORM 2\n\nRegulation 128\n\nAPPLICATION FOR PERMIT TO ADMINISTER, SUPPLY OR PRESCRIBE SCHEDULE 9 POISONS BY A REGISTERED MEDICAL PRACTITIONER FOR A CLINICAL TRIAL\n\n**Section 1:**\n\n| Full name of patient participating in trial | Date of birth | Sex |\n| Private address of patient | Postcode |  |\n\nFull name and qualifications of applying registered medical practitioner\n\n| Address of applying registered medical practitioner | Postcode |  |\n\nTelephone and fax no. of applying registered medical practitioner\n\nName and address of site where patient is participating in the clinical trial\n\n**Section 2:**\n\nSchedule 9 poison(s) for which permit is requested:\n\n| **POISON NAME** | **PROPRIETARY NAME**<br>**(if available)** | **DOSE FORM** | **DOSE PER UNIT** | **EXPECTED MAXIMUM DAILY DOSE** |\n| --- | --- | --- | --- | --- |\n|  |  |  |  |  |\n|  |  |  |  |  |\n\nName and address of supplier\n\nIs this product registered for therapeutic use? If Yes, in which countries?\n\n**Section 3: Details of clinical trial and human research ethics committee**\n\nName and registration number of the clinical trial\n\nPurpose of the clinical trial\n\nName of principal investigators of the clinical trial\n\nRegistry that the clinical trial is registered on\n\nDate that clinical trial was registered on the registry\n\nSites for which the clinical trial approval has been granted in Victoria\n\nHas the clinical trial received approval from a human research ethics committee?\n\nEthics approval number\n\nDate ethics approval was granted\n\nDate ethics approval expires\n\nName and registration number of the human research ethics committee that granted the ethics approval\n\nInstitution responsible for the human research ethics committee, if applicable\n\nSignature of applying registered medical practitioner\n\nDate\n\nForm 3\n\nRegulations 11(2), 129\n\nTreatment with Schedule 8 Poisons by a Registered Medical Practitioner or a Nurse Practitioner\n\n(Application for permit to administer, prescribe or supply)\n\nThis is an application for a permit under [*regulation 11(1) of the Drugs, Poisons and Controlled Substances Regulations 2017/section 34A of the Drugs, Poisons and Controlled Substances Act 1981*].\n\n**PART A: FOR TREATMENT WITH SCHEDULE 8 POISONS OTHER THAN TREATMENT OF AN OPIOID DEPENDENT PERSON WITH METHADONE OR BUPRENORPHINE**\n\n**Section 1:** (To be completed in all cases)\n\nFull name of patient Date of birth Sex\n\nPrivate address of patient Postcode\n\nFull name and qualifications of registered medical practitioner/nurse practitioner\n\nAddress of registered medical practitioner/nurse practitioner\n\nPostcode\n\nTelephone and fax no. of registered medical practitioner/nurse practitioner\n\nName and address of hospital where patient is undergoing treatment (if applicable)\n\nClinical diagnosis\n\n**Section 2:**\n\n","sortOrder":256},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"poison(s) for which permit is requested:","content":"Schedule 8 poison(s) for which permit is requested:\n\n| **NAME OF POISON(S)** | **EXPECTED MAXIMUM DAILY DOSE** |\n\nI have/have not previously applied for a permit to administer, prescribe or supply a Schedule 8 poison to this patient.\n\n**Please note** that evidence-based practice guidelines recommend that specialist advice should be sought for patients requiring opioid doses exceeding oral morphine [*quantity*] mg daily, oxycodone [*quantity*] mg daily or equivalent, for the treatment of chronic non-cancer pain, or when prescribing opioids to a patient with a history of drug dependency or aberrant drug-related behaviours. Opioids should only be prescribed as part of a comprehensive pain management plan. **When applying for a permit to treat a patient with an opioid, applicants may be requested by the Secretary to provide the Secretary with evidence of a pain management plan or specialist review.**\n\nThe  morbidity and mortality risks associated with long-term opioid therapy should be discussed with the patient, in particular the increased mortality risks correlated with the prolonged use of opioids at doses exceeding [*quantity*] mg daily in morphine equivalents.\n\nSignature of registered medical practitioner/nurse practitioner\n\nDate\n\n**PART B: FOR TREATMENT OF AN OPIOID DEPENDENT PERSON WITH METHADONE OR BUPRENORPHINE**\n\nI, [*full name of registered medical practitioner/nurse practitioner*] of [*address of registered medical practitioner/nurse practitioner, including postcode, phone and fax numbers*] certify that this patient shows evidence of dependence on an opioid drug and that, in my opinion, methadone/buprenorphine is required in support of treatment.\n\n**Personal Details:**\n\nFull name of patient\n\nAddress of patient\n\nDate of birth\n\nDPU client number (if known)\n\nSex\n\nAliases (if any)\n\nMother's full maiden name\n\nAboriginal or Torres Strait Islander origin\n\nYes, Aboriginal\n\nYes, Torres Strait Islander\n\nYes, Aboriginal and Torres Strait Islander\n\nNo\n\nNot stated\n\n**Medical Details of Patient:**\n\nStarting drug\n\nStarting methadone/buprenorphine dose\n\nAnticipated date of first dose\n\nPeriod for which permit sought (if short-term)\n\nHas the patient been treated previously with methadone or buprenorphine for opioid dependency? Yes/No\n\nIs the patient transferring from another prescriber? Yes/No\n\nIf yes, what was the last drug prescribed?\n\nWhen was the last dose administered?\n\nHas the previous prescriber been advised of the transfer? Yes/No\n\nName of previous prescriber\n\nName, address and telephone number of person dispensing methadone/buprenorphine\n\nSignature of registered medical practitioner/nurse practitioner\n\nDate\n\nForm 4\n\nRegulations 12(2), 130 and 131\n\nSchedule 8 Permit/Schedule 9 Permit\n\n| This permit is granted to [*full name and address of registered medical practitioner/nurse practitioner*]<br>and authorises that registered medical practitioner/nurse practitioner to administer, prescribe or supply the following poison(s) in accordance with the following details and conditions. The poison(s) must not be administered, prescribed or supplied in excess of the quantities specified, or for a period greater than that specified in this permit.<br>Name of patient<br>Address of patient |\n| --- |\n| **NAME OF POISON MAXIMUM DOSE** |\n|  |\n|  |\n| Special conditions (if any): |\n| This permit is valid from [*date*] to [*date*]  (if applicable) unless sooner revoked or suspended. |\n| Date Secretary |\n\nForm 5\n\nRegulation 155\n\nNotice of Seizure\n\n- To of\n- I, an authorized officer under the **Drugs, Poisons and Controlled Substances Act 1981** give notice that I have at a.m./p.m. on [*date*] seized on the following grounds:at [*address*]the poisons or controlled substances, other substances or documents described below:of which you areUnless you, or a person claiming the poisons or controlled substances, other substances or documents complain to a registrar of the Magistrates' Court within 96 hours of seizure by giving notice of complaint in Form 6 to the Drugs, Poisons and Controlled Substances Regulations 2017, and a copy of that notice to the authorized officer who made the seizure, the poisons or controlled substances, other substances or documents will be destroyed or disposed of in accordance with section 43(4) of the **Drugs, Poisons and Controlled Substances Act 1981**.\n- Dated [*insert date*]\n- at [*place*]\n- at [*time*]\n- Authorized Officer\n- The authorized officer's address for service of any notice of complaint verified by an accompanying statutory declaration is [*address*].\n\nForm 6\n\nRegulation 156\n\nNotice of Complaint in Respect of a Seizure\n\n- To the registrar of the Magistrates' Court at [*venue*]\n- I, of\n- [*Full name*] [*Address*]\n- claiming the poisons or controlled substances, other substances or documents described below—which were seized by\n- on [*date*] at [*time*], in accordance\n- with section 43(2) of the **Drugs, Poisons and Controlled Substances Act 1981**, complain about that seizure.\n- [*Signature of complainant*]\n[*Date*]\n- **Note:**\n- Section 43(2) of the **Drugs, Poisons and Controlled Substances Act 1981** requires that in lodging a notice of complaint to the registrar of the Magistrates' Court—\n- (a) the notice must be verified by an accompanying statutory declaration; and\n- (b) a copy of the notice and statutory declaration must be given to the authorized officer who made the seizure.\n\nSch. 2 Form 7 inserted by S.R. No. 61/2023 reg. 15.\n\nFORM 7\n\nRegulation 17A\n\nNOTICE OF INTENTION TO PRESCRIBE, AUTHORISE TO ADMINISTER, OR ADMINISTER SCHEDULE 8 MDMA OR SCHEDULE 8 PSILOCYBINE\n\n**Section 1: Psychiatrist or medical practitioner's details**\n\nFirst name and surname\n\nPractice address\n\nQualifications\n\nHealth Practitioner Regulation National Law registration number\n\nTGA Authorised Prescriber approval number (if applicable)\n\nPhone number\n\nEmail address\n\n**Section 2: Person's details**\n\nFirst name and surname\n\nAddress\n\nDate of birth\n\nSex\n\nName and address of site where the person is receiving treatment\n\nSubstance details\n\nName of substance\n\nProprietary name (if available)\n\nDose form and strength\n\nMaximum dose and frequency\n\nAnticipated date(s) of administration\n\nLocal Australian supplier details\n\nName and address of local Australian supplier (e.g. pharmacy or wholesaler)\n\nName of Clinical Trial (if applicable)\n\nClinical Trial Notification ID/Clinical Trial Approval ID (if applicable)\n\nEthics approval number (if applicable)\n\nName of Human Research Ethics Committee that granted the ethics approval (if applicable)\n\nSch. 3 amended by S.R. No. 126/2024 reg. 20.\n\nSchedule 3––Fees\n\n- *Column 1**Description of licence or permit* *Column 2**Application fee for licence or permit* *Column 3**Fee for amendment of licence or permit if amendment requires inspection of premises by an authorized officer* *Column 4**Fee for renewal of licence or permit*\n- 1 A licence to manufacture and sell or supply by wholesale any Schedule 8 poison or Schedule 9 poison other than heroin. 94·5 fee units 94·5 fee units 20·3 fee units\n- 2 A licence to manufacture and sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison or any combination of those poisons. 83·6 fee units 83·6 fee units 18·4 fee units\n- 3 A licence to manufacture and sell or supply by retail a Schedule 7 poison (other than a listed regulated poison). 83·6 fee units 83·6 fee units 18·4 fee units\n- *Column 1**Description of licence or permit* *Column 2**Application fee for licence or permit* *Column 3**Fee for amendment of licence or permit if amendment requires inspection of premises by an authorized officer* *Column 4**Fee for renewal of licence or permit*\n- 4 Subject to item 5, a licence to sell or supply by wholesale any Schedule 8 poison or Schedule 9 poison other than heroin. 94·5 fee units 94·5 fee units 20·3 fee units\n- 5 A licence to sell or supply by wholesale by Indent any Schedule 8 poison or Schedule 9 poison other than heroin. 72·8 fee units 72·8 fee units 16·6 fee units\n- 6 Subject to item 7, a licence to sell or supply by wholesale any Schedule 4 poison (alone or together with any Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons). 83·6 fee units 83·6 fee units 18·4 fee units\n- *Column 1**Description of licence or permit* *Column 2**Application fee for licence or permit* *Column 3**Fee for amendment of licence or permit if amendment requires inspection of premises by an authorized officer* *Column 4**Fee for renewal of licence or permit*\n- 7 A licence to sell or supply by wholesale by Indent any Schedule 4 poison (alone or together with any Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons). 72·8 fee units 72·8 fee units 16·6 fee units\n- 8 Subject to item 9, a licence to sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons. 83·6 fee units 83·6 fee units 18·4 fee units\n- 9 A licence to sell or supply by wholesale by Indent any Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons. 72·8 fee units 72·8 fee units 16·6 fee units\n- *Column 1**Description of licence or permit* *Column 2**Application fee for licence or permit* *Column 3**Fee for amendment of licence or permit if amendment requires inspection of premises by an authorized officer* *Column 4**Fee for renewal of licence or permit*\n- 10 A licence to sell or supply by retail any Schedule 2 poison. 72·8 fee units 72·8 fee units 16·6 fee units\n- 11 A permit to purchase or obtain and use for industrial, educational, advisory or research purposes any Schedule 8 poison or Schedule 9 poison (alone or together with any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison or any combination of those poisons). 94·5 fee units 94·5 fee units 20·3 fee units\n- 12 A permit to purchase or obtain and use for industrial, educational, advisory or research purposes any Schedule 2 83·6 fee units 83·6 fee units 18·4 fee units\n- *Column 1**Description of licence or permit* *Column 2**Application fee for licence or permit* *Column 3**Fee for amendment of licence or permit if amendment requires inspection of premises by an authorized officer* *Column 4**Fee for renewal of licence or permit*\n- poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison or any combination of those poisons.\n- 13 A permit to purchase or obtain and use any poison or controlled substance for the provision of health services by the following types of health service provider—\n- Type A (single site with no beds); 72·8 fee units 72·8 fee units 16·6 fee units\n- Type B (residential aged care with single storage facility (no bed limit) or single site with 1 to 30 beds); 72·8 fee units 72·8 fee units 16·6 fee units\n- *Column 1**Description of licence or permit* *Column 2**Application fee for licence or permit* *Column 3**Fee for amendment of licence or permit if amendment requires inspection of premises by an authorized officer* *Column 4**Fee for renewal of licence or permit*\n- Type C (multiple sites with no beds or single site with 31 to 100 beds); 94·5 fee units 94·5 fee units 20·3 fee units\n- Type D (multiple sites or single site with more than 100 beds). 94·5 fee units 94·5 fee units 20·3 fee units\n- 14 A drug-checking permit 94·5 fee units 94·5 fee units 20·3 fee units\n\nSch. 4 inserted by S.R. No. 72/2018 reg. 11.\n\n","sortOrder":257},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Data source entities","content":"Schedule 4—Data source entities\n\nRegulation 132A\n\n1 eRx Script Exchange Pty Ltd\n\n2 MediSecure Pty Ltd\n\n3 Any prescription exchange service operating in the Commonwealth, another State or a Territory\n\n4 Medication Knowledge Pty Ltd\n\nSch. 5 inserted by S.R. No. 72/2018 reg. 11, amended by S.R. No. 46/2023 reg. 5.\n\n","sortOrder":258},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Monitored poisons","content":"Schedule 5—Monitored poisons\n\nRegulation 132B\n\n1 All benzodiazepines that are Schedule 4 poisons\n\n2 Codeine when it is a Schedule 4 poison\n\n2A Gabapentin\n\n2B Pregabalin\n\n3 Quetiapine\n\n3A Tramadol\n\n4 Zolpidem\n\n5 Zopiclone\n\nSch. 6 inserted by S.R. No. 72/2018 reg. 11, amended by S.R. No. 46/2023 reg. 6.\n\n","sortOrder":259},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Monitored supply poisons on and after 1 April 2020","content":"Schedule 6—Monitored supply poisons on and after 1 April 2020\n\nRegulation 132C\n\n1 All Schedule 8 poisons\n\n2 All benzodiazepines that are Schedule 4 poisons\n\n3 Codeine when it is a Schedule 4 poison\n\n3A Gabapentin\n\n3B Pregabalin\n\n4 Quetiapine\n\n4A Tramadol\n\n5 Zolpidem\n\n6 Zopiclone\n\n ═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Drugs, Poisons and Controlled Substances Regulations 2017, S.R. No. 29/2017 were made on 16 May 2017 by the Governor in Council under sections 129, 131, 132, 132A and 132B of the **Drugs, Poisons and Controlled Substances Act 1981**, No. 9719/1981 and came into operation on 23 May 2017: regulation 3.\n\nThe Drugs, Poisons and Controlled Substances Regulations 2017 will sunset 10 years after the day of making on 16 May 2027 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Drugs, Poisons and Controlled Substances Regulations 2017 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nDrugs, Poisons and Controlled Substances Amendment (Dental Assistants) Regulations 2018, S.R. No. 31/2018\n\n| *Date of Making:* | 20.3.18 |\n| *Date of Commencement:* | 26.3.18: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Regulations 2018, S.R. No. 45/2018\n\n| *Date of Making:* | 10.4.18 |\n| *Date of Commencement:* | 10.4.18 |\n\nDrugs, Poisons and Controlled Substances Amendment (Real-time Prescription Monitoring) Regulations 2018, S.R. No. 72/2018\n\n| *Date of Making:* | 5.6.18 |\n| *Date of Commencement:* | 2.7.18: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Further Amendment Regulations 2018, S.R. No. 178/2018\n\n| *Date of Making:* | 23.10.18 |\n| *Date of Commencement:* | 24.10.18: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment (Monitored Poisons Database) Regulations 2020, S.R. No. 15/2020\n\n| *Date of Making:* | 3.3.20 |\n| *Date of Commencement:* | 3.3.20 |\n\nDrugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2020, S.R. No. 73/2020\n\n| *Date of Making:* | 21.7.20 |\n| *Date of Commencement:* | 23.7.20: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment (Nurses and Midwives) Regulations 2021, S.R. No. 13/2021\n\n| *Date of Making:* | 10.3.21 |\n| *Date of Commencement:* | 1.7.21: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment (Non-Emergency Patient Transport and First Aid Services) Regulations 2021, S.R. No. 174/2021\n\n| *Date of Making:* | 21.12.21 |\n| *Date of Commencement:* | 21.12.21: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment (Schedule 8 Cannabis and Schedule 8 Tetrahydrocannabinol) Regulations 2022, S.R. No. 13/2022\n\n| *Date of Making:* | 15.2.22 |\n| *Date of Commencement:* | 28.2.22: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment (Registered Aboriginal and Torres Strait Islander Health Practitioners) Regulations 2022, S.R. No. 16/2022\n\n| *Date of Making:* | 22.2.22 |\n| *Date of Commencement:* | 22.2.22 |\n\nDrugs, Poisons and Controlled Substances Amendment (Schedule 9 Poisons) Regulations 2022, S.R. No. 96/2022\n\n| *Date of Making:* | 27.9.22 |\n| *Date of Commencement:* | 27.9.22: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment (Continued Dispensing) Regulations 2022, S.R. No. 112/2022\n\n| *Date of Making:* | 11.10.22 |\n| *Date of Commencement:* | 18.10.22: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment (Naloxone) Regulations 2022, S.R. No. 113/2022\n\n| *Date of Making:* | 11.10.22 |\n| *Date of Commencement:* | 12.10.22: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment (Image-Based Prescribing) Regulations 2023, S.R. No. 20/2023\n\n| *Date of Making:* | 28.3.23 |\n| *Date of Commencement:* | 31.3.23: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment Regulations 2023, S.R. No. 46/2023\n\n| *Date of Making:* | 6.6.23 |\n| *Date of Commencement:* | 3.7.23: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment (MDMA and Psilocybine) Regulations 2023, S.R. No. 61/2023\n\n| *Date of Making:* | 27.6.23 |\n| *Date of Commencement:* | 1.7.23: reg. 3 |\n\nDrugs, Poisons and Controlled Substances Amendment (Authorising Pharmacists) Regulations 2023, S.R. No. 105/2023\n\n| *Date of Making:* | 3.10.23 |\n| *Date of Commencement:* | 3.10.23 |\n\nDrugs, Poisons and Controlled Substances Amendment (Pill Testing) Regulations 2024, S.R. No. 126/2024\n\n| *Date of Making:* | 12.11.24 |\n| *Date of Commencement:* | 12.11.24 |\n\nDrugs, Poisons and Controlled Substances Amendment (Aboriginal and Torres Strait Islander Health Practitioner and Worker) Regulations 2025, S.R. No. 124/2025\n\n| *Date of Making:* | 25.11.25 |\n| *Date of Commencement:* | 25.11.25 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Sch. 1 item 1: S.R. No. 57/2006. Reprint No. 2 as at 21 October 2016. Reprinted to S.R. No. 132/2016. Extended in operation by S.R. No. 42/2016 and subsequently amended by S.R. Nos 134/2016 and 13/2017. [↑](#endnote-ref-2)\n\n2. Sch. 1 item 2: S.R. No. 63/2007. [↑](#endnote-ref-3)\n\n3. Sch. 1 item 3: S.R. No. 16/2009. [↑](#endnote-ref-4)\n\n4. Sch. 1 item 4: S.R. No. 131/2010. [↑](#endnote-ref-5)\n\n5. Sch. 1 item 5: S.R. No. 136/2012. [↑](#endnote-ref-6)\n\n6. Sch. 1 item 6: S.R. No. 107/2013. [↑](#endnote-ref-7)\n\n7. Sch. 1 item 7: S.R. No. 50/2013. [↑](#endnote-ref-8)\n\n8. Sch. 1 item 8: S.R. No. 108/2013. [↑](#endnote-ref-9)\n\n9. Sch. 1 item 9: S.R. No. 194/2014. [↑](#endnote-ref-10)\n\n10. Sch. 1 item 10: S.R. No. 14/2015. [↑](#endnote-ref-11)\n\n11. Sch. 1 item 11: S.R. No. 20/2016. [↑](#endnote-ref-12)\n\n12. Sch. 1 item 12: S.R. No. 134/2016. [↑](#endnote-ref-13)\n\n13. Sch. 1 item 13: S.R. No. 132/2016. [↑](#endnote-ref-14)\n\n14. Sch. 1 item 14: S.R. No. 13/2017.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  ——\n\n  The following table of applied, adopted or incorporated matter was included in S.R. No. 29/2017 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n    | **Statutory Rule Provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | Regulation 5(1) (definition of ***National Health (Continued Dispensing) Determination 2012*** | National Health (Continued Dispensing) Determination 2012, made under the National Health Act 1953 of the Commonwealth | The whole |\n    | Regulation 5(1) (definition of ***Schedule 8 cannabis***) | Poisons Standard | Schedule 8 |\n    | Regulation 5(1) (definition of ***Schedule 8 tetrahydrocannabinol***) | Poisons Standard | Schedule 8 |\n\n  ——\n\n  The following table of applied, adopted or incorporated matter was included in S.R. No. 13/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n  In this table, Principal Regulations means the Drugs, Poisons and Controlled Substances Regulations 2017.\n\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | Regulation 5 which inserts the definition of ***the Primary Clinical Care Manual*** in regulation 5(1) of the Principal Regulations | The Primary Clinical Care Manual as published from time to time by the State of Queensland (Queensland Health) and the Royal Flying Doctor Service (Queensland Section). | The whole |\n\n  ——\n\n  The following table of applied, adopted or incorporated matter was included in S.R. No. 112/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | Regulation 5 which substitutes the definition of ***National Health (Continued Dispensing) Determination 2012*** with the definition of ***National Health (Continued Dispensing) Determination 2022*** in regulation 5 of the Drugs, Poisons and Controlled Substances Regulations 2017 | National Health (Continued Dispensing) Determination 2022 made under the National Health Act 1953 of the Commonwealth | The whole |\n    | Regulation 6 which amends regulation 57(b) and (c) of the Drugs, Poisons and Controlled Substances Regulations 2017 | National Health (Continued Dispensing) Determination 2022 made under the National Health Act 1953 of the Commonwealth | The whole |\n\n   [↑](#endnote-ref-15)","sortOrder":260}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, this appears to be a standard consolidation of regulations made under existing enabling legislation, with no clear evidence of scope expansion beyond the original regulatory intent. The document provided does not contain sufficient substantive content to confirm this assessment with confidence."},"complexity_factors":["Regulations of this type typically contain highly technical pharmaceutical and chemical terminology","Multiple categories of regulated substances with different rules for each","Interaction with the parent Act (Drugs, Poisons and Controlled Substances Act 1981) creates a layered legal framework","Different obligations apply to different classes of professionals and licence holders","Frequent amendments mean cross-referencing multiple versions is required","Insufficient document content provided to fully assess all complexity factors — score is based on known characteristics of this regulatory instrument"],"plain_english_summary":"These Victoria regulations set the practical rules for possession, supply, manufacture, prescription, licensing, record‑keeping and labelling of drugs, poisons and controlled substances. They govern how health professionals, businesses, researchers and patients must handle these substances.\n\nThey matter because they protect public safety and prevent misuse while allowing legitimate medical and scientific use to continue."},"kimi_summary":{"_metrics":{"completionTokens":965},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond their original 2017 scope. Major additions include: (1) drug-checking services (pill testing) with extensive permit, storage and record-keeping requirements; (2) psychedelic therapies using MDMA and psilocybine with specialised psychiatrist authorisations; (3) Aboriginal and Torres Strait Islander health practitioners and health workers as a new category of authorised persons with dedicated supply and administration pathways; (4) naloxone distribution programs; (5) real-time prescription monitoring database integration; (6) electronic medication charts and digital prescription images; and (7) pharmacist-administered vaccines and extended scope of practice. These reflect evolving public health priorities rather than mere technical updates."},"complexity_factors":["Over 170 regulations with extensive cross-referencing between Parts and Schedules","Multiple overlapping categories: 9 poison schedules, numerous professional authorisations, permit types, and approval mechanisms","Nested conditional logic throughout — for example, prescription validity depends on poison schedule, prescriber type, patient setting (hospital/residential), and whether electronic or paper records are used","47+ defined terms in the interpretation section, many themselves requiring further definition (e.g., 'authorised psychedelic psychiatrist', 'approved registered nurse', 'Aboriginal and Torres Strait Islander health practitioner supply instruction')","Extensive tables listing authorised persons and substances with multiple columns and conditions","Numerous exceptions to exceptions — for example, emergency verbal prescriptions allowed only if followed by written confirmation within 72 hours, with further exceptions for digital images","Heavy incorporation by reference — Commonwealth Regulations, Poisons Standard, Primary Clinical Care Manual, National Health (Continued Dispensing) Determination","Multiple amendment layers (20+ amending instruments) creating fragmented reading experience with inserted provisions and revoked sections","Complex storage requirements with precise technical specifications (10mm mild steel plate, 6-lever locks, 30-minute hand tool resistance)","Parallel but slightly different rules for each profession type (doctors, dentists, nurse practitioners, midwives, optometrists, podiatrists, nurses, Aboriginal health practitioners) requiring careful comparison"],"plain_english_summary":"This is Victoria's main regulation controlling how medicines and poisons are handled, prescribed, supplied and stored. It works alongside the **Drugs, Poisons and Controlled Substances Act 1981**.\n\n**What it covers:**\n- **Schedules of poisons**: The rules apply differently depending on how dangerous a substance is — from Schedule 2 (pharmacy-only medicines) through Schedule 4 (prescription-only), Schedule 8 (controlled drugs like strong painkillers), to Schedule 9 (research/experimental substances).\n\n- **Who can do what**: The regulations spell out exactly which health professionals can prescribe, supply, administer or possess each type of poison. This includes doctors, dentists, nurse practitioners, authorised midwives, optometrists, podiatrists, pharmacists, and more recently, Aboriginal and Torres Strait Islander health practitioners and health workers.\n\n- **Key requirements**:\n  - **Prescriptions** must meet strict format rules (handwritten or approved electronic methods, include patient details, dosage instructions, and prescriber identification)\n  - **Storage** — Schedule 8 and 9 poisons need heavy-duty locked cabinets meeting specific construction standards\n  - **Records** must be kept of every transaction for 3 years, with running balances for controlled drugs\n  - **Permits** are required for special Schedule 8 poisons (like methadone, amphetamines) and all Schedule 9 poisons\n  - **Psychedelic therapies** — special rules for MDMA and psilocybine (magic mushroom compound) for treating PTSD and depression, restricted to authorised psychiatrists and clinical trials\n\n- **Newer additions**:\n  - **Drug-checking services** (pill testing) — permits, record-keeping and destruction rules for analysing illicit substances\n  - **Naloxone programs** — expanded access to overdose reversal medication\n  - **Aboriginal and Torres Strait Islander health practitioners** — new pathways for these practitioners to supply and administer poisons under instruction from authorised prescribers\n\n- **Monitored poisons database** — real-time tracking system for high-risk medicines to prevent doctor-shopping and dangerous combinations\n\n**Why it matters**: These rules protect patients from medication errors, addiction and overdose, while enabling legitimate medical and research use of controlled substances. They balance access to necessary medicines with strict controls on drugs that can cause harm if misused."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This version meaningfully broadened the Regulations beyond simple control of prescribing and possession. Additions include: (1) regulatory pathways for psychedelics (MDMA and psilocybine) limited to authorised psychiatrists and clinical trials with notification/approval requirements (regs 9A, 17A, 36A, 78A, 98A–98B); (2) a new state‑level drug‑checking services regime with permit, director and worker qualifications, recordkeeping and storage/destruction rules (regs 149D–149N); (3) an operational real‑time/monitored poisons database and prescription exchange obligations (regs 132A–132I, Schs 4–6); (4) expanded authorisations allowing approved registered nurses, approved midwives and registered Aboriginal and Torres Strait Islander health practitioners and health workers to possess, supply or administer specified poisons under Secretary approvals (regs 8A, 8B, 133A–133CC, 161A, 161F, 161G–161J); and (5) continued extension of pharmacist‑led supply and administration options (regs 99A, 99B, 163, 163A). These additions shift the instrument from a narrow control framework to a broader operational regulatory model that includes harm‑reduction services, expanded authorised providers, data reporting infrastructure and experimental therapeutic pathways (cited regs above)."},"complexity_factors":["Extensive definitions section with many added/modified terms (reg 5)","Large number of regulations (100+), Parts and Divisions across 4 Chapters and Schedules","Multiple delegated approval powers to Secretary and Minister (regs 159, 161, 162, 163, 161F, 149I)","Numerous cross‑references to the parent Act and to Commonwealth instruments (Commonwealth Regulations, Therapeutic Goods Act)","Nested conditional logic and many exceptions (e.g. special permits, in‑patient and palliative exceptions, electronic vs paper charts)","Multiple newly inserted regimes (drug‑checking services regs 149D–149N; monitored poisons DB regs 132A–132I; psychedelics regs 9A, 17A, 36A, 78A, 98A–98B)","Detailed technical standards and operational specifications (storage vault specs in reg 74(2); record immutability/retention rules regs 108–109)","Many defined classes of authorised persons and layered permissions (approved/authorised/registered categories across regs 7, 8, 161A, 161F)","Significant compliance and enforcement text (penalty units throughout, seizure and destruction regimes regs 114–115, 155–156)","Schedules with lists and fee tables (Schs 3–6) and prescribed forms (Sch 2)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Sets detailed rules for obtaining, possessing, prescribing, supplying, storing, administering, destroying and recording Schedule 2, 3, 4, 7, 8 and 9 poisons and certain controlled substances (many terms are defined in reg 5). (See regs 5, 7–9, Parts 2–16.)\n- Creates permit regimes (Schedule 8 special permits, Schedule 9 permits, drug‑checking permits) and prescribes application forms, fees and conditions for those permits. (See regs 10–15, 128–131; Schedule 3.)\n- Specifies who may issue prescriptions and chart instructions and the required content, format and time limits for prescriptions, including rules for image-based or emergency transmission of prescriptions. (See regs 16, 24, 25, 25A, 6, 28–35.)\n- Authorises many classes of non‑medical staff (nurses, midwives, approved/authorised classes, Aboriginal and Torres Strait Islander practitioners and workers) to possess, supply or administer certain poisons subject to Secretary approvals and conditions. (See regs 8, 8A, 8B, 133A–133CC, 161–161J.)\n- Imposes mandatory labelling, record‑keeping, retention and reporting obligations for transactions in monitored poisons and other schedules, and prescribes how long records must be kept and produced to authorised officers. (See regs 72, Part 13 (regs 106–113), regs 132A–132I.)\n- Lays down detailed storage and security standards for Schedule 4, 8 and 9 poisons and for drug‑checking substances, with Secretary discretion to require additional measures. (See regs 73–76, 149H–149I.)\n- Creates and integrates a monitored poisons database / prescription exchange arrangements with duties on pharmacists and data source entities to report prescribing and supply information. (See regs 132A–132I, Schs 4–6.)\n- Establishes an explicit regulatory pathway for certain psychedelics (MDMA, psilocybine) for authorised psychiatrists and for clinical trials with extra notifications and constraints. (See regs 5 (definitions), 9A, 17A, 36A, 78A, 98A–98B.)\n- Introduces a formal scheme for drug‑checking services (permit, director and worker qualifications, recordkeeping, storage, destruction). (See regs 149D–149N.)\n\n**Who is affected (practically)**\n\n- Registered medical practitioners (including specialist authorised psychedelic psychiatrists), dentists, veterinary practitioners, pharmacists, nurse practitioners, authorised/approved nurses and midwives, authorised optometrists/podiatrists, registered Aboriginal and Torres Strait Islander health practitioners and health workers — because the Regulations define what each can lawfully do with particular schedules (many regs across Chapters 2–3). (See regs 16–24, 36–42, 88–101, 161F–161J.)\n- Pharmacists and pharmacy businesses: limits on supply, marking and retention of prescriptions, obligations to use prescription exchange services and to check the monitored poisons database in many cases; storage and labelling duties; fees and penalties apply. (See regs 44–71, 132D–132E, Schs 4–6.)\n- Health service licence holders, ambulance services, aged‑care providers and first aid/non‑emergency transport operators who may be authorised to hold and use specified poisons under approvals. (See regs 7 (Table), 73–75, 160, 133AA, 75.)\n- Drug‑checking service operators and special drug‑checking workers — new permit, qualification and record rules. (See regs 149D–149N, 149F, 149G.)\n- Patients, residents and animal owners — because supply, self‑administration and record/label requirements affect how and when medicines are given. (See regs 47–57, 96–105.)\n- Law enforcement and authorised officers — duties to receive notifications, seize, and oversee destruction/retention of substances and records. (See regs 26, 44, 115, 155–156.)\n\n**Why it matters (stated purpose and how that maps to effects)**\n\n- The Regulations state their objectives are to facilitate and enhance safe and secure storage, sale, supply, prescribing, administration and use of drugs/poisons and to prescribe fees and forms for the parent Act (reg 1). The concrete mechanisms used to pursue that objective are: detailed role‑based authorisations and prohibitions (who may do what), permit and approval gates, mandatory recordkeeping and reporting, security standards, and criminal/penalty backstops.\n\n- Translating those mechanisms into practical effects:\n  - Administrative gatekeeping: many activities require Secretary or Minister approvals (e.g. approvals under regs 159, 161, 163, 161F, 149I). That centralises decision authority and allows tailoring by class or condition, but also concentrates discretion and requires administrative capacity.\n  - Compliance and cost imposition: detailed storage standards (regs 73–74, 149H) and record retention/immutability rules (regs 108–109, 149G) create one‑off and ongoing costs for practitioners and businesses (e.g. purchasing vaults, IT for immutable logs, joining prescription exchange services (reg 132D)).\n  - Expanded authorised workforce: the regulations create pathways for non‑medical and intermediate practitioners to act (approved nurses, Aboriginal and Torres Strait Islander practitioners/workers). This increases points of access and shifts some supply/administration from doctors to other clinicians (regs 8A, 161A, 161F, 133CA–133CD), but ties those roles to Secretary approvals and specified training/conditions.\n  - New harm‑reduction elements: monitored poisons database obligations (regs 132A–132I) and a standalone drug‑checking permit regime (regs 149D–149N) broaden regulation beyond classic clinical control toward surveillance and risk‑mitigation operations.\n  - Controlled opening for psychedelics in therapeutic/clinical trial contexts: defined narrow authorisations (reg 9A, 17A, 36A, 78A, 98A–98B) limit possession/prescribing to authorised psychiatrists or authorised clinical trial settings, with reporting and notification duties.\n\n**Who pays, who decides, and what behaviour is changed**\n\n- Who pays: practitioners and businesses face compliance costs (secure storage, record systems, staff training), fees for licences/permits (Schedule 3; Sch 3), and potential penalties for breaches (penalty units across many regs). Patients may face access costs where additional permits or specialist prescribers are required for certain substances.\n- Who decides: the Secretary and Minister have multiple delegated powers to approve poisons, classes of authorised practitioners, drug‑checking qualifications, and storage directions (regs 159, 161, 162, 163, 163A, 161D, 149I). Human research ethics committees and the Commonwealth Secretary under the Therapeutic Goods Act are gatekeepers for clinical trials involving Schedule 9 and psychedelics (regs 15A, 15B, 17A, 98A(2)). The Chief Commissioner of Police is consulted for fit‑and‑proper checks for drug‑checking permits (reg 149K–149L).\n- Behaviour changes the rules push towards:\n  - More cautious prescribing and supply practices (identity checks, therapeutic‑need steps in regs 17, 20, 24, 36, 39).\n  - Increased use of electronic prescribing and prescription exchange services, and mandatory checks against the monitored poisons database in many cases (regs 24, 25A, 132D–132E, 132F–132I).\n  - Shift of some supply/administration tasks from medical practitioners to trained nurses, midwives, pharmacists and approved Aboriginal and Torres Strait Islander practitioners where Secretary approvals allow (regs 161A, 161F, 99A–99B). \n\n**Trade‑offs, risks and implementation burdens (testing the stated purpose against costs and incentives)**\n\n- Administrative discretion vs predictability: Secretary/Minister approval powers permit targeted expansion (authorising classes, approving poisons for non‑doctor supply) but create uncertainty for practitioners pending approvals and require resourcing for timely decisions (regs 159, 161, 162, 163, 161F).\n- Compliance costs and uneven distribution of burden: small clinics and rural pharmacies face proportionally larger fixed costs to meet security (regs 73–75, 149H) and IT/reporting requirements (regs 132D–132E). Fees (Sch 3) create concentrated revenue for the regulator and diffuse compliance costs across many operators.\n- Risks of capture or mission creep are constrained only by administrative practice: mechanistically the instrument permits broad approvals (poison/class + class of practitioner + conditions) (regs 161, 161A, 161F), so the regulatory scope can expand without primary‑law change. The text provides objective criteria (e.g. “necessary for provision of health services”) but leaves judgment to the Secretary.\n- Data, privacy and operational risk: monitored poisons reporting (regs 132D–132E) increases surveillance capability but imposes obligations to register with prescription exchange services and to supply personal data; this requires IT integration, privacy controls, and ongoing operational costs.\n- Access vs control trade‑off: authorising more practitioner classes (approved nurses, Aboriginal and Torres Strait Islander practitioners, pharmacists in some cases) increases access and task‑shifting (regs 161A, 161F, 99A, 99B) but relies on approvals, training and consistent supervision to preserve quality and safety.\n- Implementation complexity: long schedules of cross‑references, conditional exemptions (e.g. residential electronic charts vs paper; exceptions for in‑patients, palliative care, first‑aid contexts), and overlapping Commonwealth instruments (Commonwealth Regulations, Therapeutic Goods Act) create multiple operational pathways that providers must map precisely (see regs 6 note, regs 30A, 31A, 55A, 132E). This multiplies compliance effort and legal risk if misunderstood.\n\n**Concentrated benefits and diffuse costs**\n\n- Concentrated benefits accrue to classes that the Secretary may enable to provide more services (approved nurse/midwife classes, drug‑checking permit holders, authorised psychedelic psychiatrists) — these actors gain new revenue or clinical scope if approvals are granted (regs 161A, 161F, 149D–149N, 78A).\n- Diffuse costs fall on the broader regulated community (pharmacists, small health services) through security, recordkeeping, IT integration and possible increased insurer/patient administrative steps.\n\n**Key specialised features to note (by section)**\n\n- Objectives and legal base: reg 1; made under Act sections (reg 2).\n- Definitions and new categories: extensive in reg 5 — includes definitions for Schedule 8 MDMA/psilocybine, Aboriginal and Torres Strait Islander roles, drug‑checking terms.\n- Monitored poisons database and reporting duties: regs 132A–132I; Schedules 4–6 list entities and poisons.\n- Drug‑checking regime: regs 149D–149N (permit, qualifications, records, storage and police consultation).\n- Secretary/MInister discretionary approvals: regs 159, 161–163A, 161D–161J, 149I — central to making the scheme operational for non‑standard actors.\n- Psychedelics path: possession, prescribing, supply, administration and notification duties for MDMA and psilocybine tightly limited to authorised psychiatrists, clinical trials with human research ethics committee approval, and associated reporting (regs 9A, 17A, 36A, 78A, 98A–98B).\n\n**Bottom line**\n\nMechanically the Regulations build a dense operational rule‑set that combines strict controls (who may do what, security, recordkeeping, penalties) with delegated flexibility (Secretary/Minister approvals, permit conditions) to broaden regulated practice in defined ways (task‑shifting, drug‑checking, monitored supply, restricted psychedelics pathways). That design trades administrative discretion and compliance costs for the ability to expand authorised practice and introduce harm‑reduction services without primary‑law change (see reg 1 and regs 159, 161, 149D–149N)."}},"importantCases":[],"_links":{"self":"/api/acts/drugs-poisons-and-controlled-substances-regulations-2017","history":"/api/acts/drugs-poisons-and-controlled-substances-regulations-2017/history","analysis":"/api/acts/drugs-poisons-and-controlled-substances-regulations-2017/analysis","conflicts":"/api/acts/drugs-poisons-and-controlled-substances-regulations-2017/conflicts","importantCases":"/api/acts/drugs-poisons-and-controlled-substances-regulations-2017/important-cases","documents":"/api/acts/drugs-poisons-and-controlled-substances-regulations-2017/documents"}}