{"id":"medicines-poisons-and-therapeutic-goods-act-2012","name":"Medicines, Poisons and Therapeutic Goods Act 2012","slug":"medicines-poisons-and-therapeutic-goods-act-2012","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30248,"registerId":"nt-medicines-poisons-and-therapeutic-goods-act-2012-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Medicines, Poisons and Therapeutic\nGoods Act 2012.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\n(1) The main object of this Act is to promote and protect public health\nand safety by minimising:\n(a) accidental and deliberate poisoning by Scheduled substances;\nand\n(b) misadventures by poisoning by Scheduled substances; and\n(c) the manufacture of substances that are subject to abuse\n(substances of abuse); and\n(d) the diversion for abuse of substances of abuse; and\n(e) harm from therapeutic goods.\n(2) Other objects of this Act are to ensure:\n(a) consumers of Schedule 4 and 8 substances have adequate\ninformation and the understanding necessary to allow them to\nadminister the substances safely and effectively; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 2\n(b) consumers of Schedule 2 and 3 substances have adequate\ninformation and the understanding to allow them to:\n(i) select the most appropriate substances for their\ncondition; and\n(ii) administer the substances safely and effectively, taking\ninto account the condition of their health.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Overview","content":"4 Overview\n(1) The objects of this Act are primarily achieved by prohibiting and\nregulating people dealing with Scheduled substances.\n(2) In general, under Part 2.1, only the holder of an authority issued\nunder Chapter 3 may manufacture and, in some circumstances sell,\n(3) In addition, under Part 2.2, only those authority holders, or health\npractitioners, veterinarians and others authorised under Part 2.3,\nmay possess, supply or use Scheduled substances.\n(4) Those general rules are subject to, or complemented by, special\nrules under Parts 2.4 to 2.8 about the following:\n(a) the issue of prescriptions for the supply of Scheduled\nsubstances by health practitioners and veterinarians;\n(b) the storage, packaging, labelling, advertisement, supply by\nvending machines, transport and destruction of Scheduled\nsubstances; and\n(c) the manufacture, supply and use of paints containing\nScheduled substances; and\n(d) other circumstances in which dealing with Scheduled\nsubstances may be prohibited.\n(5) Apart from prohibiting and regulating people dealing with Scheduled\nsubstances, Chapter 6 contributes to achieving the objects of this\nAct by adopting in the Territory a uniform Australian approach to the\nregulation of therapeutic goods.\n(6) For the effective administration and enforcement of this Act,\nprovision is made about the following:\n(a) codes of practice and exemptions;\n(b) the Scheduled Substances Clinical Advisory Committee;\n\nMedicines, Poisons and Therapeutic Goods Act 2012 3\n(c) authorised officers and their functions and powers.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"5 Definitions\nIn this Act:\nAboriginal and Torres Strait Islander health practitioner, see\nsection 28(1).\naccepted representations, for Part 3.6, see section 167(4).\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\naddiction, to a Scheduled substance, means a state of\nphysiological or psychological dependence on, or increased\ntolerance to, the habitual and excessive use of the substance, and\nincludes pain and other symptomatic indications arising specifically\nfrom withdrawal of the substance.\nadminister, see section 22(2).\nadministration order, see section 92(1)(a).\naffected person, see section 220(2).\napplied provisions, for Chapter 6, see section 228.\nappointed members, see section 264(1)(a).\napproved form means a form approved under section 258.\napproved SSTP, for Chapter 2, Part 2.3, Division 1,\nat, for Chapter 4, see section 178.\nauthorised officer, see section 274(1).\nauthorised health practitioner, see section 23(2).\nauthorised prescriber, for a Scheduled substance, means a\nhealth practitioner or veterinarian who is authorised under Part 2.4,\nDivision 1, to issue a prescription for the supply of the substance.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 4\nauthorised purpose means:\n(a) for the use of a Schedule 4 or unrestricted Schedule 8\nsubstance:\n(i) analysing or testing specimens for the diagnosis of a\ndisease of humans, animals or plants; or\n(ia) treatment and prevention of a disease of humans,\nanimals or plants; or\n(ii) providing a higher education course; or\n(iii) forensic science; or\n(iv) preservation of animal or plant specimens; or\n(v) domestic animal control; or\n(vi) sedation of wild animals; or\n(vii) mineral testing; or\n(viii) another purpose prescribed by regulation; or\n(c) for the use of a restricted Schedule 8 substance:\n(i) therapeutic use; or\n(ii) treating an addiction to a substance; or\n(iii) analysing or testing specimens for the diagnosis of a\ndisease of humans or animals; or\n(iiia) treatment and prevention of a disease of humans or\n(iv) providing a higher education course; or\n(v) forensic science.\nauthority, see section 117.\ncertificate of registration means:\n(a) a manufacturer certificate of registration; or\n(b) a wholesaler certificate of registration; or\n(c) a Schedule 4 supplier certificate of registration.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 5\nCHO means the Chief Health Officer.\ncode of practice means a code of practice in force under\nsection 244.\nCommittee means the Scheduled Substances Clinical Advisory\nCommittee established by section 260.\nCommonwealth administrative laws, for Chapter 6, see\nsection 228.\nCommonwealth Minister, for Chapter 6, see section 228.\nCommonwealth official, for Chapter 6, see section 228.\nCommonwealth Secretary, for Chapter 6, see section 228.\ncompliance notice, see section 201(1).\ncondition, for Part 3.5, see section 156.\nconnected, for Chapter 4, see section 179.\ncorresponding law:\n(a) for section 207 – means a law of a State or another Territory\nthat:\n(i) corresponds, or substantially corresponds, to this Act;\nand\n(ii) is declared by regulation to be a corresponding law; or\n(b) for Chapter 7, Part 7.1AA – see section 243A.\ndata source entity, see section 243A.\ndeal with, for a Scheduled substance, see section 17.\ndeclared place means a health centre or clinic declared under\nsection 252 to be a place to which Part 2.6 applies.\ndeclared provision, for Part 4.7, Division 1, see section 212.\ndental hygienist, see section 26(3).\ndental therapist, see section 26(2).\ndentist, see section 26(1).\ndoctor, see section 24(1).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 6\nendorsed midwife, see section 25(6).\nenter, for Chapter 4, see section 178.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\nforfeited thing, for Part 4.4, see section 198(1).\nhealth practitioner, see section 23(1).\nhealth profession, see section 5 of the Health Practitioner\nhospital means:\n(a) a hospital as defined in section 5 of the Medical Services\nAct 1982; or\n(b) a private hospital as defined in section 4 of the Private\nHospitals Act 1981.\ninformation notice, for a decision, means a written notice stating\nthe following:\n(a) the decision and the reasons for it;\n(b) that a reconsideration of the decision may be sought;\n(c) the period allowed for requesting the reconsideration;\n(d) how to request the reconsideration.\ninterstate prescriber, for a Schedule 4 or 8 substance, means a\nhealth practitioner in a State or another Territory who is authorised\nunder the law of that State or Territory to issue a prescription for the\nsupply of the substance.\nlicence means:\n(a) a retailer licence; or\n(b) a pest management technician licence.\nlicensed place means a place for which a retailer licence is in\nforce.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 7\nmanager, for:\n(a) a hospital declared under section 6(2) of the Medical Services\nAct 1982 – means the person appointed under section 7(2)(a)\nof that Act to be the person in charge of the hospital; or\n(b) a private hospital licensed under the Private Hospitals\nAct 1981 – see section 4 of that Act.\nmanufacture, see section 18.\nmanufacturer certificate of registration, see section 121.\nmanufacturer's pack, for Part 2.7, Division 2, see section 105.\nmedical kit authorisation, see section 130.\nmedical or scientific research includes for analysis, clinical trials,\ninstruction and study.\nmedicines and poisons standard, see section 14(1).\nmethylated spirit means:\n(a) a spirit that has been methylated or denatured; or\n(b) methyl alcohol or wood spirit; or\n(c) a spirit to which a methylated substance has been added; or\n(d) a drinkable liquid with which a methylated spirit is mixed.\nmidwife, see section 25(5).\nminimum repeat interval, for a repeat prescription for the supply\nof a Scheduled substance, means the period stated in the\nprescription that limits the frequency of the repeat supplies of the\nNote\nUnder the Australian Government's Pharmaceutical Benefits Scheme, an\nauthorised prescriber is required to state the minimum repeat interval for some\nmodifications, for Chapter 6, see section 228.\nmonitored medicine, see section 243A.\nmonitored medicines database, see section 243C(1).\nnominated person, see section 131(c).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 8\nNT doctor, see section 24(2).\nNT health practitioner, see section 23(3).\nNT nurse practitioner, see section 25(3).\nNT specialist health practitioner, see section 23(4).\nnurse, see section 25(1).\nnurse practitioner, see section 25(2).\noccupier, of a place:\n(a) generally, means:\n(i) a person in occupation of the place; or\n(ii) the person in control of the place; or\n(iii) if the place has different parts occupied or controlled by\ndifferent persons – each person in occupation or control\nof the part concerned; or\n(b) for Chapter 4 – see section 178.\noptometrist, see section 27(1).\noral health therapist, see section 26(4).\noriginal decision, see section 220(1).\nparamedic, see section 28A(1).\npatient, of a hospital, includes a person attending the hospital for\ntreatment as an outpatient by a health practitioner.\npesticide, see section 9.\npest authorisation, for Chapter 2, Part 2.7, Division 4A, see\nsection 112A.\npest management technician licence, see section 126.\npharmacist, see section 27(2).\npharmacy, see clause 1 of Schedule 7 to the Health Practitioners\nAct 2004.\npodiatrist, see section 27(3).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 9\nplace includes:\n(a) vacant land; and\n(b) premises; and\n(c) an aircraft, vehicle or vessel.\npossess, see section 20.\npremises includes:\n(a) a building or structure; and\n(b) a part of a building or structure; and\n(c) land on which a building or structure is situated.\nprescribed health practitioner, for Chapter 2, Part 2.3, Division 1,\nprescribed healthcare worker, for Chapter 2, Part 2.3, Division 1,\nprescription, see section 19.\nprohibited circumstance, see:\n(a) for the supply or administration of an unrestricted Schedule 8\nsubstance – section 48(2); or\n(b) for issuing a prescription for the supply of an unrestricted\n","sortOrder":4},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"substance – section 84(2).","content":"Schedule 8 substance – section 84(2).\nprohibited substance, see section 12.\nprohibited substance authorisation, see section 128.\nproposed action, for Part 3.6, see section 167(2)(a).\nreconsidered decision, see section 223(1)(b).\nrecordable prescription, see section 243B(1) and (2).\nrecordable supply, see section 243B(3) and (4).\nregistered place means a place for which a certificate of\nregistration is in force.\nrelevant prescriber, see section 243A.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 10\nrepeat prescription means a prescription authorising the supply of\na Scheduled substance on more than one occasion.\nrepresentative, for Part 4.7, Division 1, see section 212.\nresearch authorisation, see section 129.\nresidential facility means a residential facility for which an\napproval is in force under the Aged Care Act 1997 (Cth) for an\napproved provider to provide residential care to persons in the\nfacility.\nrestricted Schedule 4 substance, see section 8(2).\nrestricted Schedule 8 substance, see section 10(2).\nretailer licence, see section 123.\nreview notice, see section 223(1)(b).\nSchedule 3 authorisation, see section 123A.\nSchedule 4 authorisation, see section 124.\nSchedule 4 substance declaration means a declaration in force\nunder section 246 for a restricted Schedule 4 substance.\nSchedule 4 supplier certificate of registration, see section 122A.\nSchedule 7 authorisation, see section 125(1).\nSchedule 8 authorisation, see section 127.\nSchedule 8 exemption means an exemption in force under\nsection 245(1).\nScheduled substance, see section 7.\nScheduled substance treatment protocol, see section 70B(1).\nseized thing, for Part 4.4, see section 188.\nsell, see section 21(3).\nSSTP means a Scheduled substance treatment protocol.\nsuitable person, for Chapter 3, means:\n(a) for the holder of an authority – an individual or body corporate\nthat is a suitable person to hold the authority under\nsection 118 or 119; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 11\n(b) for a nominated person for a certificate of registration – an\nindividual who is a suitable person for the authority under\nsection 120.\nsupply, see section 21(1) and (2).\nsupply order, see section 92(1)(b).\ntherapeutic goods, see section 3(1) of the Therapeutic Goods Act.\nTherapeutic Goods Act means the Therapeutic Goods Act 1989\n(Cth).\nNote\nUnder sections 15(2), 51 and 52 of the Interpretation Act 1978, a reference to a\nCommonwealth Act includes a reference to:\n(a) the Act as amended and in force from time to time; and\n(b) if another Act is enacted in substitution for the Act – the other Act as\namended and in force from time to time; and\n(c) statutory instruments in force under the Act, including, for example:\n(i) regulations; and\n(ii) orders; and\n(iii) manufacturing principles; and\n(iv) standards, including a medical device standard.\ntherapeutic use, see section 3(1) of the Therapeutic Goods Act.\nunrestricted Schedule 4 substance, see section 8(1).\nunrestricted Schedule 8 substance, see section 10(1).\nunscheduled substance, for Part 2.7, Division 2, see section 105.\nuse, for a Scheduled substance, see section 22(1).\nvariation, for Part 3.5, see section 156.\nvending machine, for Part 2.7, Division 2, see section 105.\nveterinarian means a registered veterinarian under the\nVeterinarians Act 1994.\nwholesaler certificate of registration, see section 122.\nNote for section 5\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 12\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of Scheduled substance and related terms","content":"7 Meaning of Scheduled substance and related terms\n(1) A Scheduled substance is a substance to which a Schedule to the\nmedicines and poisons standard applies.\nSee section 16 for when the medicines and poisons standard applies to a\n(2) A reference to a Scheduled substance by number is a reference to\na substance to which the Schedule of that number of the medicines\nand poisons standard applies.\nExample for subsection (2)\nA reference to a Schedule 4 substance is a reference to a substance to which\n","sortOrder":6},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"of the medicines and poisons standard applies.","content":"Schedule 4 of the medicines and poisons standard applies.\nNote for section 7\nUnder the medicines and poisons standard, substances are classified according\nto the Schedules in which they are included. The following is a general\ndescription of the substances:\n(a) Schedule 2 substances may require advice from a pharmacist or retailer\nlicensee to be used safely but are available without a prescription;\n(b) Schedule 3 substances require advice from a pharmacist to be used safely\nbut are available without a prescription;\n(c) Schedule 4 substances are available from a pharmacy only on prescription\nand are commonly known as \"prescription only medicines\", including\nprescription animal remedies;\n(d) Schedule 5 substances have a low potential for causing harm;\n(e) Schedule 6 substances have a moderate potential for causing harm;\n(f) Schedule 7 substances have a high potential for causing harm and are\navailable only to the holder of an authority for non-human use;\n(g) Schedule 8 substances are available only on prescription with restrictions to\nreduce abuse, misuse or dependence;\n(h) Schedule 9 substances are generally illegal substances that are subject to\nabuse or misuse;\n(i) Schedule 10 substances are substances, other than Schedule 9 substances,\nthe supply and use of which are prohibited because of the degree of danger\nto health they represent.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 13\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of unrestricted Schedule 4 substance and restricted","content":"8 Meaning of unrestricted Schedule 4 substance and restricted\nSchedule 4 substance\n(1) An unrestricted Schedule 4 substance is a substance other than\na restricted Schedule 4 substance.\n(2) A restricted Schedule 4 substance is a substance declared under\nsection 246(1)(a) to be a restricted Schedule 4 substance.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of pesticide","content":"9 Meaning of pesticide\nA pesticide is a substance that is:\n(a) a Schedule 5, 6 or 7 substance; and\n(b) a pesticide as defined in the medicines and poisons standard.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of unrestricted Schedule 8 substance and restricted","content":"10 Meaning of unrestricted Schedule 8 substance and restricted\nSchedule 8 substance\n(1) An unrestricted Schedule 8 substance is a Schedule 8 substance\nother than a restricted Schedule 8 substance.\n(2) A restricted Schedule 8 substance is a Schedule 8 substance\ndeclared under section 246(1)(b) to be a restricted Schedule 8\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of prohibited substance","content":"12 Meaning of prohibited substance\nA prohibited substance is any of the following substances:\n(a) a Schedule 9 substance;\n(b) a Schedule 10 substance.\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of medicines and poisons standard","content":"14 Meaning of medicines and poisons standard\n(1) The medicines and poisons standard is the poisons standard as\nin force from time to time as modified under this section.\n(2) A regulation may declare a substance is taken to be included in, or\nexcluded from, a provision of the medicines and poisons standard.\n(3) The declaration may impose restrictions in relation to dealings with\n\nMedicines, Poisons and Therapeutic Goods Act 2012 14\n(4) For subsection (1), but subject to a modification under this section:\n(a) an amendment of a current poisons standard takes effect on\nthe date of effect of the instrument of amendment under the\nLegislative Instruments Act 2003 (Cth); and\n(b) a new poisons standard takes effect on the date of effect of\nthe standard under the Legislative Instruments Act 2003 (Cth).\ncurrent poisons standard means the current Poisons Standard as\ndefined in section 52A of the Therapeutic Goods Act.\nnew poisons standard means a document prepared under\nsection 52D(2)(b) of the Therapeutic Goods Act.\npoisons standard means the document prepared under\nsection 52D(2) of the Therapeutic Goods Act.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Interpretation provisions in medicines and poisons standard –","content":"15 Interpretation provisions in medicines and poisons standard –\napplication to Act\n(1) A term defined in the medicines and poisons standard has the\nsame meaning in this Act.\n(2) A provision of the medicines and poisons standard relating to the\ninterpretation of the standard applies in the interpretation of this Act.\nExamples for subsection (2)\n1 Subject to stated exceptions, a reference in the medicines and poisons\nstandard to a substance in a Schedule or Appendix to the standard includes:\n(a) a substance prepared from natural sources or artificially; and\n(b) every salt, active principle or derivative of the substance; and\n(c) a preparation or admixture containing any proportion of the\n2 Accordingly, subject to the exceptions, a reference to the substance in this\nAct includes a reference to those things.\n3 In addition, unless there is a contrary intention, the standard does not apply\nto the following:\n(a) a substance in stated preparations or products;\n(b) stated substances;\n(c) some low concentrations of stated substances;\n(d) some impurities in pesticides.\nNote for section 15\nUnder section 30, this Act prevails if there is an inconsistency between this Act\nand the medicines and poisons standard.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 15\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"When medicines and poisons standard applies to substances","content":"16 When medicines and poisons standard applies to substances\nFor this Act, a Schedule or Appendix to the medicines and poisons\nstandard applies to a substance in a circumstance if:\n(a) the substance is included in the Schedule or Appendix; and\n(b) either:\n(i) the standard does not, in the circumstance, exclude the\nsubstance from the operation of the Schedule or\nAppendix; or\n(ii) a restriction in the standard applies in relation to the\nsubstance in the circumstance.\nExample for paragraph (b)(ii)\nIf a Schedule 2 substance is listed as restricted \"for human therapeutic use\" and\nthe substance is included only in that schedule, the standard applies to the\nsubstance only for human therapeutic use.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Meaning of deal with","content":"17 Meaning of deal with\nTo deal with a Scheduled substance is to do any of the following:\n(a) manufacture the substance;\n(b) issue a prescription for the supply of the substance;\n(c) issue an administration order or supply order for administering\nor supplying the substance;\n(d) possess the substance;\n(e) supply the substance to another person;\n(f) administer the substance to another person or otherwise use\nthe substance;\n(g) pack, label or advertise the substance;\n(h) store or transport the substance, including import it into the\nTerritory;\n(i) destroy the substance;\n(j) something else prescribed by regulation.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 16\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Meaning of manufacture","content":"18 Meaning of manufacture\nManufacture includes the following:\n(a) produce;\n(b) make or prepare;\n(c) mix, extract or refine;\n(d) pack or repack for:\n(i) sale by wholesale; or\n(ii) use in connection with a business, industry, profession\nor trade.\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Meaning of prescription","content":"19 Meaning of prescription\nA prescription, for a Scheduled substance, is a written instruction\nauthorising the supply of the substance for:\n(a) administering to a particular person; or\n(b) administering to animals.\nNotes for section 19\n1 A prescription may be issued electronically in accordance with the Electronic\nTransactions (Northern Territory) Act 2000.\n2 Part 2.4, Division 1 contains provisions about who is authorised to issue\nprescriptions for Scheduled substances. Part 2.4, Division 2 contains other\nrequirements about the content, issue and duration of prescriptions for\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Meaning of possess","content":"20 Meaning of possess\nPossess, in relation to a Scheduled substance, includes:\n(a) receive or obtain possession of the substance; and\n(b) have control over the disposition of the substance (whether\nwith or without custody of it); and\n(c) have joint possession of the substance.\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Meaning of supply and sell","content":"21 Meaning of supply and sell\n(1) Supply, of a Scheduled substance, includes:\n(a) sell the substance; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 17\n(b) provide the substance on prescription.\n(2) However, supply of a Scheduled substance does not include issue\na prescription for the supply of the substance.\n(3) Sell, in relation to a Scheduled substance, includes:\n(a) offer or expose the substance for sale; and\n(b) dispose of the substance by any method for value (or offer or\nexpose the substance for disposal by any method for value).\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Meaning of use and administer","content":"22 Meaning of use and administer\n(1) Use, in relation to a Scheduled substance, includes administer the\n(2) Administer, a Scheduled substance, is to apply or introduce the\nsubstance to the body of a person or animal.\n","sortOrder":20},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Health practitioners and others authorised to deal","content":"Subdivision 4 Health practitioners and others authorised to deal\nwith Scheduled substances\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Meaning of health practitioner and related terms","content":"23 Meaning of health practitioner and related terms\n(1) A health practitioner is a person registered under the Health\nPractitioner Regulation National Law to practise a health profession\n(other than as a student).\n(2) An authorised health practitioner is:\n(a) an NT doctor or NT nurse practitioner; or\n(b) another NT health practitioner prescribed by regulation.\n(3) An NT health practitioner is a health practitioner who practises in\nthe Territory.\n(4) An NT specialist health practitioner is a person who:\n(a) is registered under the Health Practitioner Regulation National\nLaw in a recognised specialty; and\n(b) practises in the Territory.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 18\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Meaning of doctor and NT doctor","content":"24 Meaning of doctor and NT doctor\n(1) A doctor is a medical practitioner.\nA medical practitioner is defined in section 17 of the Interpretation Act 1978 to be\na person registered under the Health Practitioner Regulation National Law to\npractise in the medical profession (other than as a student).\n(2) An NT doctor is a doctor who practises in the Territory.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Meaning of nurse, midwife and related terms","content":"25 Meaning of nurse, midwife and related terms\n(1) A nurse is a health practitioner registered under the Health\nPractitioner Regulation National Law to practise in the nursing\nprofession (other than as a student).\n(2) A nurse practitioner is a nurse whose registration under the\nHealth Practitioner Regulation National Law is endorsed as being\nqualified to practise as a nurse practitioner.\n(3) An NT nurse practitioner is a nurse practitioner who practises in\nthe Territory.\n(5) A midwife is a health practitioner registered under the Health\nPractitioner Regulation National Law to practise in the midwifery\nprofession (other than as a student).\n(6) An endorsed midwife is a midwife whose registration under the\nHealth Practitioner Regulation National Law is endorsed as being\nqualified to possess, issue a prescription for the supply of, supply or\nadminister a Scheduled substance.\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Meaning of dentist and dental therapist","content":"26 Meaning of dentist and dental therapist\n(1) A dentist is a person registered under the Health Practitioner\nRegulation National Law:\n(a) to practise in the dental profession as a dentist (other than as\na student); and\n(b) in the dentists division of that profession.\n(2) A dental therapist is a person registered under the Health\n(a) to practise in the dental profession as a dental therapist (other\nthan as a student); and\n(b) in the dental therapists division of that profession.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 19\n(3) A dental hygienist is a person registered under the Health\n(a) to practise in the dental profession as a dental hygienist (other\nthan as a student); and\n(b) in the dental hygienists division of that profession.\n(4) An oral health therapist is a person registered under the Health\n(a) to practise in the dental profession as an oral health therapist\n(other than as a student); and\n(b) in the oral health therapists division of that profession.\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Meaning of optometrist, pharmacist and podiatrist","content":"27 Meaning of optometrist, pharmacist and podiatrist\n(1) An optometrist is a person registered under the Health Practitioner\nRegulation National Law to practise in the optometry profession\n(2) A pharmacist is a person registered under the Health Practitioner\nRegulation National Law to practise in the pharmacy profession\n(3) A podiatrist is a person registered under the Health Practitioner\nRegulation National Law to practise in the podiatry profession\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Meaning of Aboriginal and Torres Strait Islander health","content":"28 Meaning of Aboriginal and Torres Strait Islander health\npractitioner\nAn Aboriginal and Torres Strait Islander health practitioner is a\nperson registered under the Health Practitioner Regulation National\nLaw to practise in the Aboriginal and Torres Strait Islander health\npractice profession (other than as a student).\n","sortOrder":27},{"sectionNumber":"28A","sectionType":"section","heading":"Meaning of paramedic","content":"28A Meaning of paramedic\nA paramedic is a person registered under the Health Practitioner\nRegulation National Law to practise in the paramedicine profession\n(other than as a student).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 20\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Act binds Crown","content":"29 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(2) However, this Act does not make the Crown liable to be prosecuted\nfor an offence.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Inconsistency between Act and medicines and poisons","content":"30 Inconsistency between Act and medicines and poisons\nstandard\nThis Act prevails if there is an inconsistency between this Act and\nthe medicines and poisons standard.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Relationship with Health Practitioner Regulation National Law","content":"31 Relationship with Health Practitioner Regulation National Law\nA health practitioner's authorisation under this Act to deal with a\nScheduled substance is subject to the conditions or other\nrestrictions to which the health practitioner is subject under the\nHealth Practitioner Regulation National Law.\nNote for section 31\n","sortOrder":31},{"sectionNumber":"Part 2","sectionType":"part","heading":"3, Division 1 and Part 2.4, Division 1 authorise health practitioners in the","content":"Part 2.3, Division 1 and Part 2.4, Division 1 authorise health practitioners in the\nTerritory to possess, supply, administer and issue prescriptions for Scheduled\nsubstances they are qualified to do under the Health Practitioner Regulation\nNational Law. In particular, this includes an authorisation for a qualification\nendorsed on a health practitioner's certificate of registration in addition to the\nspecific authorisations, see sections 73 and 86.\n","sortOrder":32},{"sectionNumber":"31A","sectionType":"section","heading":"Relationship with Hemp Industry Act 2019","content":"31A Relationship with Hemp Industry Act 2019\n(1) This Act does not affect the operation of the Hemp Industry\nAct 2019 or make unlawful anything done in accordance with that\nAct.\n(2) Without limiting subsection (1), this Act does not apply to processed\nlow THC hemp as defined in section 4A(3) of the Misuse of Drugs\nAct 1990.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 21\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Relationship with Misuse of Drugs Act 1990","content":"32 Relationship with Misuse of Drugs Act 1990\nThis Act does not affect the operation of the Misuse of Drugs\nAct 1990 in relation to Scheduled substances that are dangerous\ndrugs as defined in that Act except to the extent to which this Act\nprovides otherwise (whether expressly or by necessary implication).\nNotes for section 32\n1 Under the Misuse of Drugs Act 1990, it is unlawful to manufacture, possess,\nsupply or administer a dangerous drug. Some prohibited substances and\nsome Schedule 4 and 8 substances are dangerous drugs. However, the\nmanufacture, possession, supply or administration of those substances may\nbe lawful under that Act because a manufacturer certificate of registration,\nprohibited substance authorisation or Schedule 8 authorisation authorises the\nactivity, see sections 121, 127 and 128.\n2 In addition, Part 2.3 authorises the possession, supply and use of Schedule 8\nsubstances by some people in some circumstances.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Application of Criminal Code","content":"33 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNotes for section 33\n1 Part IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof.\nIt also defines, or elaborates on, certain concepts commonly used in the\ncreation of offences.\n2 In particular, under section 43BE of the Criminal Code, a person is not\ncriminally responsible for an offence if the conduct constituting the offence is\njustified or excused by or under a law. Accordingly, the authorisations for\nhealth practitioners and others to deal with Scheduled substances under\nPart 2.3 provide a defence to an offence against Part 2.1 or 2.2.\n\nPart 2.1 Requirements for registration and licensing of manufacturers, wholesalers\nand retailers\nMedicines, Poisons and Therapeutic Goods Act 2012 22\nPart 2.1 Requirements for registration and licensing of\nmanufacturers, wholesalers and retailers\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Manufacturer of certain Scheduled substances to be registered","content":"34 Manufacturer of certain Scheduled substances to be registered\n(a) manufactures a Scheduled substance, other than a Schedule\n5 or 6 substance, at a place; and\n(b) is not authorised under a manufacturer certificate of\nregistration to manufacture the substance at the place.\n(2) Subsection (1) does not apply to:\n(a) a health practitioner or veterinarian preparing or mixing the\nsubstance for the treatment of a person or animal in the\ncourse of practising in the health practitioner's health\nprofession or providing veterinary services; or\n(b) an employee of a health practitioner or veterinarian who\nprepares or mixes the substance under the direct supervision\nof a health practitioner or veterinarian for the treatment of a\nperson or animal in the course of practising in the health\npractitioner's health profession or providing veterinary\nservices.\n(3) In addition, subsection (1) does not apply to a person if:\n(a) the substance is a Schedule 4 or 8 substance; and\n(b) the substance is supplied to the person under a Schedule 4\nor 8 authorisation; and\n(c) the person prepares the substance for self-administration; and\n(d) the person does not supply it to anyone else.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 23\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Wholesaler of certain Scheduled substances to be registered","content":"35 Wholesaler of certain Scheduled substances to be registered\n(a) sells by wholesale a Scheduled substance, other than a\n","sortOrder":37},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"or 6 substance, from a place; and","content":"Schedule 5 or 6 substance, from a place; and\n(b) the sale is not authorised under a wholesaler certificate of\nregistration.\n(2) Subsection (1) does not apply to a sale of the substance by a\npharmacist in the course of practising in the pharmacy profession.\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Retailer of Schedule 2 and 7 substances to be licensed","content":"36 Retailer of Schedule 2 and 7 substances to be licensed\n(a) sells by retail a Schedule 2 or 7 substance from a place; and\n(b) the sale is not authorised under a retailer licence.\n(2) Subsection (1) does not apply to a pharmacist selling a Schedule 2\nsubstance in the course of practising in the pharmacy profession.\nPart 2.2 Requirements for authorised possession,\nsupply and use of Scheduled substances\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Supply of Schedule 3 substance","content":"37 Supply of Schedule 3 substance\n(a) the person intentionally supplies a substance to another\n(b) the substance is a Schedule 3 substance and the person is\nreckless in relation to that circumstance; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 24\n(c) the supply of the substance by the person is not authorised\nunder this Act.\n(2) Strict liability applies to subsection (1)(c).\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Administration of Schedule 3 substance","content":"38 Administration of Schedule 3 substance\n(a) the person intentionally administers a substance to another\n(b) the substance is a Schedule 3 substance and the person is\nreckless in relation to that circumstance; and\n(c) the administration of the substance by the person is not\nauthorised under this Act.\n(2) Strict liability applies to subsection (1)(c).\nsubsection (1) if the defendant believed on reasonable grounds\nthat:\n(a) the person to whom the Schedule 3 substance was\nadministered was in danger of dying or of suffering a serious\ndisability; and\n(b) the administration of the Schedule 3 substance to that person\nwas required to prevent the person from dying or suffering a\nserious disability.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to this defence (see\nsection 43BU of the Criminal Code).\n","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Possession","content":"39 Possession\nA person must not possess a Schedule 4 substance unless the\npossession is authorised under:\n(b) a Schedule 4 authorisation; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 25\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Supply","content":"40 Supply\nA person must not supply a Schedule 4 substance to someone\n(b) a medical kit authorisation.\n41 Use\nA person must not use a Schedule 4 substance unless the use is\nauthorised under:\n(a) a Schedule 4 authorisation; or\n(b) a research authorisation; or\n(c) a medical kit authorisation.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Supply by authorised persons only","content":"42 Supply by authorised persons only\nA person must not supply a Schedule 7 substance to someone\n(b) a retailer licence.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 26\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Supply to authorised persons only","content":"43 Supply to authorised persons only\n(1) A person (the supplier) must not supply a Schedule 7 substance to\nsomeone (the recipient) unless:\n(a) the recipient shows the supplier one of the following\nauthorising the recipient to use the substance:\n(i) a Schedule 7 authorisation;\n(ii) a pest management technician licence;\n(iii) a research authorisation;\n(iv) a licence endorsed for the substance under Part 5,\n","sortOrder":45},{"sectionNumber":"Div 2","sectionType":"division","heading":"of the Agricultural and Veterinary Chemicals","content":"Division 2 of the Agricultural and Veterinary Chemicals\n(Control of Use) Act 2004;\n(v) an S7 authorisation under the Agricultural and Veterinary\nChemicals (Control of Use) Regulations 2005; or\n(b) the supplier is satisfied, by a statutory declaration made by the\nrecipient, that the recipient:\n(i) intends to use the substance only in a place outside the\nTerritory; and\n(ii) is authorised under the law of that place to use the\n(c) the recipient is exempted by regulation from the requirement\nto hold:\n(i) a Schedule 7 authorisation for the use of the substance;\nor\n(ii) a pest management technician licence for the use of the\n(2) If the supplier supplies a Schedule 7 substance to the recipient\nunder subsection (1)(b), the supplier must keep the declaration for\n2 years after the date of the supply.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 27\nsubsection (2) if the defendant establishes a reasonable excuse.\n44 Use\n(1) A person must not use a pesticide in carrying out pest control\noperations for fee or reward unless:\n(a) the use is authorised under:\n(i) a pest management technician licence; or\n(ii) a licence under Part 5, Division 2 of the Agricultural and\nVeterinary Chemicals (Control of Use) Act 2004; or\n(iii) an S7 authorisation under the Agricultural and Veterinary\nChemicals (Control of Use) Regulations 2005; or\n(i) is employed by the holder of a pest management\ntechnician licence; and\n(ii) uses the pesticide under the direct supervision of the\nlicensee.\n(2) A person must not use a Schedule 7 substance (other than a\npesticide) unless the use is authorised under:\n(a) a Schedule 7 authorisation; or\n(b) a research authorisation.\n(3) Subsections (1) and (2) do not apply if the person is exempted by\nregulation from the requirement to hold an authority mentioned in\nthe subsection for the use of the substance.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 28\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Possession","content":"45 Possession\nA person must not possess an unrestricted Schedule 8 substance\nunless the possession of the substance is authorised under:\n(b) a Schedule 8 authorisation; or\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Supply generally","content":"46 Supply generally\nA person must not supply an unrestricted Schedule 8 substance to\nsomeone unless the supply is authorised under a certificate of\nregistration.\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Use generally","content":"47 Use generally\nA person must not use an unrestricted Schedule 8 substance\nunless the use is authorised under:\n(a) a Schedule 8 authorisation; or\n(b) a research authorisation; or\n(c) a medical kit authorisation.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 29\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Supplying and administering in prohibited circumstances","content":"48 Supplying and administering in prohibited circumstances\n(1) An authorised health practitioner must not supply or administer an\nunrestricted Schedule 8 substance to someone in a prohibited\ncircumstance mentioned in subsection (2) unless the supply or\nadministration is authorised under:\n(a) a Schedule 8 authorisation; or\n(b) a Schedule 8 exemption.\n(2) Each of the following is a prohibited circumstance for the supply\nor administration of an unrestricted Schedule 8 substance:\n(a) for treating a person's addiction to a substance;\n(b) for another purpose prescribed by regulation.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Possession","content":"49 Possession\nA person must not possess a restricted Schedule 8 substance\nunless the possession is authorised under:\n(b) a Schedule 8 authorisation for an authorised purpose; or\n(c) a Schedule 8 exemption for an authorised purpose; or\n(d) a research authorisation; or\n(e) a medical kit authorisation.\nNote for section 49\nUnder section 139(1)(b), a Schedule 8 authorisation for the possession of a\nrestricted Schedule 8 substance may be issued only to an authorised health\npractitioner for supply or administration for an authorised purpose. In addition,\nunder section 245, the CHO may issue a Schedule 8 exemption to an authorised\nhealth practitioner for the possession of a restricted Schedule 8 substance for its\nsupply for an authorised purpose.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 30\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Supply","content":"50 Supply\nA person must not supply a restricted Schedule 8 substance to\nsomeone unless the supply is authorised under:\n(b) a Schedule 8 authorisation for an authorised purpose; or\n(c) a Schedule 8 exemption for an authorised purpose.\nMaximum penalty: 400 penalty units or imprisonment for\n4 years.\nNote for section 50\nUnder section 139(1)(b), a Schedule 8 authorisation for the supply of a restricted\nSchedule 8 substance may be issued only to an authorised health practitioner for\nsupply for an authorised purpose. In addition, under section 245, the CHO may\nissue a Schedule 8 exemption to an authorised health practitioner for the supply\nof a restricted Schedule 8 substance for an authorised purpose.\n51 Use\nA person must not use a restricted Schedule 8 substance unless\nthe use is authorised under:\n(a) a Schedule 8 authorisation for an authorised purpose; or\n(b) a Schedule 8 exemption for an authorised purpose; or\nNote for section 51\nUnder section 139(1)(b), a Schedule 8 authorisation for the administration of a\nrestricted Schedule 8 substance may be issued only to an authorised health\npractitioner for administration for an authorised purpose. In addition, under\nsection 245, the CHO may issue a Schedule 8 exemption to an authorised health\npractitioner for the administration of a restricted Schedule 8 substance for an\nauthorised purpose.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 31\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Possession","content":"52 Possession\n(1) A person must not possess a prohibited substance unless the\npossession is authorised under:\n(b) a prohibited substance authorisation; or\n(c) a research authorisation.\n(2) Subsection (1) does not apply to a person possessing the\nsubstance if:\n(a) the substance is subject to an exemption under section 18 of\nthe Therapeutic Goods Act for use of the substance solely for\nexperimental purposes in humans; or\n(b) the person uses the substance in the treatment of another\nperson or experimental purposes in humans under an\napproval given under section 19 of the Therapeutic Goods\nAct.\nNote for section 52\nUnder section 140, a prohibited substance authorisation for the possession of a\n(a) for etorphine – a veterinarian or other prescribed person for use to sedate\n(b) for other prohibited substances – an authorised health practitioner for\nadministration for the treatment of a person's terminal illness.\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Supply","content":"53 Supply\nA person must not supply a prohibited substance to someone\n\nMedicines, Poisons and Therapeutic Goods Act 2012 32\n(b) a prohibited substance authorisation.\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\nNote for section 53\nUnder section 140, a prohibited substance authorisation for the supply of a\n(a) for etorphine – a veterinarian or other prescribed person for use to sedate\n(b) for other prohibited substances – an authorised health practitioner for\nadministration for the treatment of a person's terminal illness.\n54 Use\n(1) A person must not use a prohibited substance unless the use is\nauthorised under:\n(a) a prohibited substance authorisation; or\n(b) a research authorisation.\n(2) Subsection (1) does not apply to a person using the substance if:\n(a) the substance is subject to an exemption under section 18 of\nthe Therapeutic Goods Act for use of the substance solely for\nexperimental purposes in humans; or\n(b) the person uses the substance in the treatment of another\nperson or experimental purposes in humans under an\napproval given under section 19 of the Therapeutic Goods\nAct.\nNote for section 54\nUnder section 140, a prohibited substance authorisation for the use of a\n(a) for etorphine – a veterinarian or other prescribed person to sedate animals; or\n(b) for other prohibited substances – an authorised health practitioner for the\ntreatment of a person's terminal illness.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 33\nPart 2.3 Authorisations for possession, supply and use\nof Schedule 3, 4 and 8 substances\nDivision 1 Authorisations for health practitioners and other\nhealth-related occupations\nSubdivision 1 Authorised health practitioners\n55 Schedule 4 substances and unrestricted Schedule 8\n(1) An authorised health practitioner may, in the course of practising in\nthe health practitioner's health profession:\n(2) However, the health practitioner must supply and administer a\nrestricted Schedule 4 substance in accordance with the conditions\nstated in the declaration of the substance as a restricted\n","sortOrder":54},{"sectionNumber":"56","sectionType":"section","heading":"Possessing Schedule 4 and 8 substances","content":"56 Possessing Schedule 4 and 8 substances\nA pharmacist may, in the course of practising in the pharmacy\nprofession, possess Schedule 4 and 8 substances for supply:\n(a) under this Subdivision; or\n(b) in another circumstance prescribed by regulation.\n","sortOrder":55},{"sectionNumber":"57","sectionType":"section","heading":"Supplying Schedule 4 and 8 substances – general","content":"57 Supplying Schedule 4 and 8 substances – general\nprofession, supply a Schedule 4 or 8 substance:\n(a) to an authorised prescriber for the substance; or\n(b) to a person on a prescription issued by an authorised\nprescriber (other than an interstate prescriber) for the\n\nMedicines, Poisons and Therapeutic Goods Act 2012 34\n(c) on a written supply order for the substance to:\n(i) a person who was a patient of a hospital on the person's\ndischarge from the hospital; or\n(ii) a nurse employed at a residential facility for\nadministration to a resident at the facility; or\n(iii) the person in charge of a declared place for\nadministration to a person receiving medical treatment at\nthe place; or\n(d) to another pharmacist for the other pharmacist to supply the\nsubstance in the course of practising in the pharmacy\nprofession; or\n(e) to the master of a ship, who is authorised or required under\nthe Navigation Act 2012 (Cth) to carry the substance on board\nthe ship, on the written request of the master or ship's medical\nofficer; or\n(f) to the holder of a research authorisation or medical kit\nauthorisation for the substance; or\n(g) for a Schedule 4 substance – to the holder of a Schedule 4\nauthorisation; or\n(h) to a person prescribed by regulation.\nNote for subsection (1)(d)\nA pharmacist is not required to have a wholesaler certificate of registration for the\nwholesale supply of the substances in the course of practising the pharmacy\nprofession, see section 35(2).\nNote for subsection (1)(e)\nOrders made by the Australian Maritime Safety Authority under the Navigation\nAct 1912 (Cth) also authorise some people to deal with the substance.\nAccordingly, a person who deals with the substance in accordance with the\norders is not criminally responsible for an offence against Part 2.1, see\nsection 43BE of the Criminal Code.\n(2) In addition, a pharmacist employed at a hospital may, in the course\nof practising in the pharmacy profession, supply a Schedule 4 or 8\nsubstance to one of the following health practitioners on the written\nrequisition of the health practitioner containing the information\nprescribed by regulation:\n(a) a doctor, dentist, nurse practitioner or endorsed midwife\nemployed or engaged at the hospital;\n\nMedicines, Poisons and Therapeutic Goods Act 2012 35\n(b) the nurse in charge of a ward or department of the hospital.\n","sortOrder":56},{"sectionNumber":"58","sectionType":"section","heading":"Supplying Schedule 4 and 8 substances – prescription of","content":"58 Supplying Schedule 4 and 8 substances – prescription of\ninterstate prescribers\nperson on a prescription issued by an interstate prescriber.\n(2) A pharmacist may, in the course of practising in the pharmacy\nprofession, supply a Schedule 8 substance or restricted Schedule 4\nsubstance to a person on a prescription issued by an interstate\nprescriber in accordance with:\n(a) the conditions prescribed by regulation applying to the supply;\nor\n(b) an approval under section 253.\n","sortOrder":57},{"sectionNumber":"59","sectionType":"section","heading":"Supplying unrestricted Schedule 4 substance in emergency for","content":"59 Supplying unrestricted Schedule 4 substance in emergency for\npatient previously supplied on prescription\nperson (the patient), or another person who acts for the patient (the\nagent) if:\n(a) the pharmacist is reasonably satisfied supplying the substance\nis justified because of urgent circumstances; and\n(b) the pharmacist, or another pharmacist, has previously\nsupplied the substance for administration to or by the patient\non the prescription of an authorised prescriber for the\n(c) for a supply to the agent:\n(i) the agent gives the pharmacist the name and contact\ndetails of the authorised prescriber; and\n(ii) the agent produces to the pharmacist proof of the\nagent's identity.\nthan:\n(a) 7 days supply of the substance administered at the daily dose\nthe pharmacist reasonably believes the authorised prescriber\nwould recommend be administered to the patient; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 36\n(b) the smallest primary pack of the substance that has been\npackaged and labelled by the substance's manufacturer in\ncompliance with the medicines and poisons standard.\n","sortOrder":58},{"sectionNumber":"59A","sectionType":"section","heading":"Supplying unrestricted Schedule 4 substance – continued","content":"59A Supplying unrestricted Schedule 4 substance – continued\ndispensing\nA pharmacist may, in the course of practising in the pharmacy\nperson if:\n(a) the substance is a pharmaceutical benefit that is covered by\nan instrument made under section 89A(3) of the National\nHealth Act 1953 (Cth); and\n(b) the supply is made in accordance with the conditions that are\nspecified in that instrument as if the pharmacist were an\napproved pharmacist.\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Supplying unrestricted Schedule 4 substance for patient in","content":"60 Supplying unrestricted Schedule 4 substance for patient in\nresidential care\nperson (the agent), for administration to or by another person for\nwhom the agent acts (the patient) if:\n(a) the pharmacist has previously supplied the substance to the\nagent or patient for administration to the patient on the\nprescription of an authorised prescriber for the substance; and\n(b) the pharmacist is satisfied the patient:\n(i) is in residential care; and\n(ii) the substance is administered in accordance with a\ntherapeutic regime decided by a health practitioner for\ntreatment of a chronic medical condition; and\n(c) for a supply to the agent:\n(i) the agent gives the pharmacist the name and contact\ndetails of the authorised prescriber; and\n(ii) the agent produces to the pharmacist proof of the\nagent's identity.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 37\nthan:\n(a) 7 days supply of the substance administered at the daily dose\nthe pharmacist reasonably believes an authorised prescriber\nwould recommend be administered to the patient; or\n(b) the smallest primary pack of the substance that has been\npackaged and labelled by the substance's manufacturer in\ncompliance with the medicines and poisons standard.\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Supplying Schedule 4 and 8 substances on oral request of","content":"61 Supplying Schedule 4 and 8 substances on oral request of\nauthorised prescriber\nprofession, supply a Schedule 4 or 8 substance to a person (the\npatient), or another person who acts for the patient (the agent) if\nthe pharmacist:\n(a) has been orally requested to supply the substance to:\n(i) the patient for self-administration or administration to the\npatient by someone else; or\n(ii) the agent for administration to the patient by the agent or\nsomeone else; and\n(b) is satisfied the person making the request is an authorised\nprescriber for the substance.\nthan 7 days supply of the substance administered at the daily dose\nstated by the authorised prescriber.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 38\n","sortOrder":61},{"sectionNumber":"63","sectionType":"section","heading":"Administering Schedule 4 or 8 substances under","content":"63 Administering Schedule 4 or 8 substances under\nadministration order – Aboriginal and Torres Strait health\npractitioners, nurses, midwives and pharmacists\n(1) Subject to subsection (2), if an authorised prescriber has, by\nadministration order, authorised an Aboriginal and Torres Strait\nIslander health practitioner, a nurse, a midwife or a pharmacist (the\npractitioner) to administer a Schedule 4 or 8 substance to another\nperson, the practitioner may, in the course of practising in the\npractitioner's health profession, administer the substance to the\nperson.\nSee section 92(1)(a)(i) to (iv) in relation to the persons to whom an authorised\nprescriber for a Schedule 4 or 8 substance may, by administration order,\nauthorise the administration of the substance to.\n(2) The practitioner must administer the substance in accordance with\nany instructions given by the authorised prescriber.\n(3) A practitioner who is authorised to administer a Schedule 4 or 8\nsubstance to a person under this section may, in the course of\npractising in the practitioner's health profession, possess the\nsubstance for that purpose.\n","sortOrder":62},{"sectionNumber":"64","sectionType":"section","heading":"Administering Schedule 4 or 8 substances supplied on supply","content":"64 Administering Schedule 4 or 8 substances supplied on supply\norder – nurses employed at residential facilities\n(1) Subject to subsection (2), a nurse employed at a residential facility\nmay, in the course of practising in the nursing profession,\nadminister a Schedule 4 or 8 substance to a resident at the facility\nif:\n(a) the substance was supplied by a pharmacist on a supply order\nissued by an authorised prescriber; and\n(b) the prescriber authorised the supply of the substance for the\npurpose of its administration to the resident.\nNotes for subsection (1)\n1 Under section 92(1)(b)(ii), an authorised prescriber for a Schedule 4 or 8\nsubstance may, by supply order, authorise the supply of the substance by a\npharmacist to a nurse employed at a residential facility for administration to a\nresident at the facility.\n2 Under section 57(1)(c)(ii), a pharmacist may supply a Schedule 4 or 8\nsubstance on a written supply order for the substance to a nurse employed at\na residential facility for administration to a resident at the facility.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 39\n(2) The nurse must administer the substance in accordance with any\ninstructions for its administration specified by the authorised\nprescriber in the supply order.\n(3) A nurse who is authorised to administer a Schedule 4 or 8\nsubstance to a resident at a residential facility under this section\nmay, in the course of practising in the nursing profession, possess\nthe substance for that purpose.\n","sortOrder":63},{"sectionNumber":"66","sectionType":"section","heading":"Dentists","content":"66 Dentists\nA dentist may, in the course of practising in the dental profession as\na dentist:\n","sortOrder":64},{"sectionNumber":"68","sectionType":"section","heading":"Optometrists","content":"68 Optometrists\nAn optometrist may, in the course of practising in the optometry\nprofession:\n(a) supply or administer an unrestricted Schedule 4 substance to\nanother person; and\n","sortOrder":65},{"sectionNumber":"69","sectionType":"section","heading":"Podiatrists","content":"69 Podiatrists\nA podiatrist may, in the course of practising in the podiatry\nprofession:\n","sortOrder":66},{"sectionNumber":"Subdiv 3A","sectionType":"subdivision","heading":"Administering, supplying and possessing","content":"Subdivision 3A Administering, supplying and possessing\nScheduled substances under SSTP\n","sortOrder":67},{"sectionNumber":"70","sectionType":"section","heading":"Definitions","content":"70 Definitions\nIn this Subdivision:\napproved SSTP means an SSTP for which an approval under\nsection 254 is in effect.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 40\nprescribed health practitioner means a health practitioner of a\ntype prescribed by regulation under section 70A(1).\nprescribed healthcare worker means a person who is a member\nof a class of persons prescribed by regulation under section 70A(2).\n","sortOrder":68},{"sectionNumber":"70A","sectionType":"section","heading":"Prescribed health practitioners and healthcare workers","content":"70A Prescribed health practitioners and healthcare workers\n(1) The regulations may prescribe a type of health practitioner that may\nbe authorised under this Subdivision to administer or supply a\nSchedule 4 or 8 substance in accordance with an approved SSTP.\n(2) The regulations may prescribe a class of persons that provide\nhealth services, other than a health practitioner, that may be\nauthorised under this Subdivision to administer or supply a\nSchedule 3, 4 or 8 substance in accordance with an approved\nSSTP.\nNote for section 70A\nFor the administration or supply of a Schedule 3 substance by a health\npractitioner, see sections 71 and 72.\n","sortOrder":69},{"sectionNumber":"70B","sectionType":"section","heading":"Form and content of SSTP","content":"70B Form and content of SSTP\n(1) A Scheduled substance treatment protocol is a document\nsetting out protocols for the administration or supply of:\n(a) a Schedule 4 or 8 substance by the prescribed health\npractitioner, or the class of prescribed health practitioners,\nspecified in the document in the circumstances specified in the\ndocument; or\n(b) a Schedule 3, 4 or 8 substance by the prescribed healthcare\nworker, or the class of prescribed healthcare workers,\nspecified in the document in the circumstances specified in the\ndocument.\n(2) An SSTP must specify the following matters:\n(a) the prescribed health practitioner or prescribed healthcare\nworker, or the class of prescribed health practitioners or\nprescribed healthcare workers, in relation to which it applies;\n(b) if the SSTP applies to a prescribed health practitioner or a\nclass of prescribed health practitioner – the Schedule 4 or 8\nsubstance in relation to which it applies;\n\nMedicines, Poisons and Therapeutic Goods Act 2012 41\n(c) if the SSTP applies to a prescribed healthcare worker or a\nclass of prescribed healthcare worker – the Schedule 3, 4 or 8\nsubstance in relation to which it applies;\n(d) the circumstances in which the substance may be\nadministered or supplied to another person in accordance with\nthe SSTP, including with reference to the matters prescribed\nby regulation;\n(e) any other matter prescribed by regulation.\n(3) For subsection (2)(a), a class of prescribed health practitioners or\nclass of prescribed healthcare workers may be identified in an\nSSTP by reference to one or more of the following criteria:\n(a) a qualification held, or training that has been undertaken, by\nmembers of the class;\n(b) the employment circumstances of members of the class;\n(c) a place at which members of the class practise their health\nprofession or provide health services;\n(d) any other criteria prescribed by regulations.\nNote for section 70B\nAn SSTP is required to be approved by the CHO under section 254 before a\nprescribed health practitioner or prescribed healthcare worker to which the SSTP\napplies may administer or supply the specified Scheduled substance in\naccordance with it.\n","sortOrder":70},{"sectionNumber":"70C","sectionType":"section","heading":"Administering, supplying and possessing Schedule 4 or 8","content":"70C Administering, supplying and possessing Schedule 4 or 8\nsubstance under SSTP – prescribed health practitioners\n(1) Subject to subsection (2), a prescribed health practitioner may, in\nthe course of practising in the practitioner's health profession,\nadminister a Schedule 4 or 8 substance to another person if:\n(a) an approved SSTP for the administration of the substance\napplies to the practitioner; and\n(b) the administration of the substance to the other person is in\nthe circumstances specified in the approved SSTP.\n(2) The prescribed health practitioner must administer the substance in\n\nMedicines, Poisons and Therapeutic Goods Act 2012 42\n(3) Subject to subsection (4), a prescribed health practitioner may, in\nthe course of practising in the practitioner's health profession,\nsupply a Schedule 4 or 8 substance to another person if:\n(a) an approved SSTP for the supply of the substance applies to\nthe practitioner; and\n(b) the supply of the substance to the other person is in the\ncircumstances specified in the approved SSTP.\n(4) The prescribed health practitioner must supply the substance in\n(5) A prescribed health practitioner who is authorised to administer or\nsupply a Schedule 4 or 8 substance to another person under this\nsection may, in the course of practising in the practitioner's health\nprofession, possess the substance for that purpose.\n","sortOrder":71},{"sectionNumber":"70D","sectionType":"section","heading":"Administering, supplying and possessing Schedule 3, 4 or 8","content":"70D Administering, supplying and possessing Schedule 3, 4 or 8\nsubstance under SSTP – prescribed healthcare workers\n(1) Subject to subsection (2), a prescribed healthcare worker may, in\nthe course of providing health services, administer a Schedule 3, 4\nor 8 substance to another person if:\n(a) an approved SSTP for the administration of the substance\napplies to the healthcare worker; and\n(b) the administration of the substance to the other person is in\nthe circumstances specified in the approved SSTP.\n(2) The prescribed healthcare worker must administer the substance in\n(3) Subject to subsection (4), a prescribed healthcare worker may, in\nthe course of providing health services, supply a Schedule 3, 4 or 8\nsubstance to another person if:\n(a) an approved SSTP for the supply of the substance applies to\nthe healthcare worker; and\n(b) the supply of the substance to the other person is in the\ncircumstances specified in the approved SSTP.\n(4) The prescribed healthcare worker must supply the substance in\n\n","sortOrder":72},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Additional qualifications for health practitioners under Health Practitioner","content":"Subdivision 5 Additional qualifications for health practitioners under Health Practitioner\nMedicines, Poisons and Therapeutic Goods Act 2012 43\n(5) A prescribed healthcare worker who is authorised to administer or\nsupply a Schedule 4 or 8 substance to another person under this\nsection may, in the course of providing health services, possess the\nsubstance for that purpose.\nSubdivision 4 Special provisions for health practitioners to\nsupply and administer Schedule 3 substances\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Supplying Schedule 3 substances","content":"71 Supplying Schedule 3 substances\n(1) Subject to subsection (4), a health practitioner may, in the course of\npractising in the practitioner's health profession, supply a\n","sortOrder":74},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"substance to another person (the recipient).","content":"Schedule 3 substance to another person (the recipient).\n(2) A health practitioner who supplies a Schedule 3 substance under\nsubsection (1) must, at the time of the supply, give the recipient\nadequate instructions (written or oral) for the administration of the\n(3) The health practitioner must give the instructions to the recipient\nunder subsection (2) even if the Schedule 3 substance that is\nsupplied is to be used by a person other than the recipient.\n(4) Subsection (1) does not authorise the sale by retail of a Schedule 3\nsubstance by a health practitioner other than a pharmacist.\n","sortOrder":75},{"sectionNumber":"72","sectionType":"section","heading":"Administering Schedule 3 substances","content":"72 Administering Schedule 3 substances\nA health practitioner may, in the course of practising in the\npractitioner's health profession, administer a Schedule 3 substance\nto another person.\nSubdivision 5 Additional qualifications for health practitioners\nunder Health Practitioner Regulation National Law\n","sortOrder":76},{"sectionNumber":"73","sectionType":"section","heading":"Endorsement on health practitioner's registration for","content":"73 Endorsement on health practitioner's registration for\nadditional qualifications\n(1) This section applies to a health practitioner whose registration\nunder the Health Practitioner Regulation National Law is endorsed\nas qualified to possess, supply or administer, a Scheduled\nsubstance (the endorsed qualification) in addition to an\nauthorisation under this Division.\nPart 7, Division 3 of the Health Practitioner Regulation National Law deals with\nthe endorsement of registration under the Law.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 44\n(2) The health practitioner may, in the course of practising in the health\npractitioner's health profession, deal with the Scheduled substance\nin accordance with the endorsed qualification.\n(3) The health practitioner's authorisation under subsection (2) is\nsubject to the conditions or other restrictions prescribed by\n","sortOrder":77},{"sectionNumber":"74","sectionType":"section","heading":"Veterinarians","content":"74 Veterinarians\n(1) A veterinarian may, in the course of providing veterinary services,\ndeal with Scheduled substances as follows:\n(a) supply or administer a Schedule 3, 4 or 8 substance for the\ntreatment of animals;\n(b) possess the substance for the purpose mentioned in\n(2) However, the veterinarian must deal with the substance in\naccordance with the conditions of the veterinarian's registration.\n","sortOrder":78},{"sectionNumber":"75","sectionType":"section","heading":"Supplying and administering Schedule 3 substance supplied","content":"75 Supplying and administering Schedule 3 substance supplied\nby health practitioner\n(1) If a health practitioner has supplied a Schedule 3 substance to a\nperson (the recipient) for use by a person other than the recipient,\nthe recipient may supply, but not sell, the substance to the person.\n(2) If a health practitioner has supplied a Schedule 3 substance for\nadministration to a person (the patient), any person may administer\nthe substance to the patient in accordance with the instructions\ngiven by the health practitioner.\nNote for subsection (2)\nSee section 71 in relation to the supply of a Schedule 3 substance by a health\npractitioner.\n","sortOrder":79},{"sectionNumber":"76","sectionType":"section","heading":"Possessing and administering lawfully supplied Schedule 4","content":"76 Possessing and administering lawfully supplied Schedule 4\nand 8 substances for administering to patients\n(1) This section applies if, under this Act or an Act of the\nCommonwealth, a State or another Territory, a health practitioner\nsupplies a Schedule 4 or 8 substance for administering to a person\n(the patient).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 45\n(2) The patient may:\n(a) self-administer the supplied substance in accordance with the\ninstructions of the health practitioner; and\n(b) possess the supplied substance for self-administration.\n(3) In addition, another person may:\n(a) administer the supplied substance to the patient in accordance\nwith the instructions of the health practitioner; and\n(b) possess the supplied substance for administering to the\npatient.\nExample of application of subsection (3)\nA doctor issues a prescription for the supply of a restricted Schedule 4 substance\nfor administering to an elderly patient. A child or carer of the patient does not\ncommit an offence against section 41(1) merely because the child or carer\nadministers the substance to the patient in accordance with the doctor's\ninstructions.\n","sortOrder":80},{"sectionNumber":"77","sectionType":"section","heading":"Possessing and administering lawfully supplied Schedule 4","content":"77 Possessing and administering lawfully supplied Schedule 4\nand 8 substances for administering to animals\n(1) This section applies if, under this Act or an Act of the\nCommonwealth, a State or another Territory, a pharmacist or\nveterinarian supplies a Schedule 4 or 8 substance for administering\nto animals under a person's control.\n(2) The person may:\n(a) administer the supplied substance to the animals in\naccordance with the instructions of the pharmacist or\nveterinarian who authorised the supply; and\n(b) possess the supplied substance for administering it to the\n(3) However, subsection (2) does not apply to the administration of the\nsupplied substance by the pharmacist or veterinarian.\nveterinarian includes a person registered or otherwise authorised\nunder an Act of a State or another Territory to provide veterinary\nservices.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 46\n","sortOrder":81},{"sectionNumber":"78","sectionType":"section","heading":"Possessing, supplying and administering Schedule 3, 4 and 8","content":"78 Possessing, supplying and administering Schedule 3, 4 and 8\nsubstances under emergency authorisation\nWhile an emergency authorisation is in force under section 251, a\nperson who is authorised, or a member of a class of health\npractitioners that is authorised, under the authorisation may, in\naccordance with the authorisation:\n(a) supply or administer the Schedule 3, 4 or 8 substances stated\nin the authorisation; and\n(b) possess the substances for those purposes.\n","sortOrder":82},{"sectionNumber":"79","sectionType":"section","heading":"Possessing Scheduled substances for delivery","content":"79 Possessing Scheduled substances for delivery\n(1) This section applies to a person (the delivery person) who is:\n(a) engaged by an authorised supplier to transport and deliver a\nScheduled substance to someone who is authorised under\nthis Act to possess the substance (the recipient); or\n(b) an employee or agent of a person mentioned in paragraph (a).\nExamples of delivery person for subsection (1)\n1 A hospital employee.\n2 An employee of a courier service.\n(2) The delivery person is authorised to:\n(a) possess the Scheduled substance for transporting and\ndelivering it to the recipient in accordance with the delivery\nperson's engagement by the authorised supplier; and\n(b) supply the substance to the recipient or recipient's employee\nor agent.\nExample of agent for subsection (2)(b)\nThe guardian of a child for a substance supplied for administering to the child on\na prescription issued by an authorised prescriber.\nauthorised supplier, for a Scheduled substance, means:\n(a) a person authorised to supply the substance under:\n(i) Part 2.3 or a regulation; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 47\n(ii) an Act of the Commonwealth, a State or another\nTerritory; or\n(b) the holder of an authority authorised to supply the substance.\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Possessing Scheduled substances for destruction","content":"80 Possessing Scheduled substances for destruction\n(1) This section applies to a waste disposer who is engaged by a\nperson authorised under this Act to possess a Scheduled\nsubstance (the authorised person) to destroy the substance.\n(2) The waste disposer is authorised to possess the Scheduled\nsubstance for its destruction in accordance with the waste\ndisposer's engagement by the authorised person.\n(3) However, the authorisation to possess the Scheduled substance\nhas effect only for as long as is reasonably practicable for the waste\ndisposer to destroy it after receiving it.\nwaste disposer means the holder of a licence under the Waste\nManagement and Pollution Control Act 1998 for disposing of a\nScheduled substance that is a listed waste under that Act.\nPart 2.4 Prescriptions and orders for Schedule 4 and 8\n","sortOrder":84},{"sectionNumber":"81","sectionType":"section","heading":"Unrestricted Schedule 4 substance","content":"81 Unrestricted Schedule 4 substance\nunrestricted Schedule 4 substance unless:\n(i) is a dentist, doctor, endorsed midwife, nurse practitioner,\noptometrist or podiatrist or another health practitioner\nperson's health profession; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 48\n","sortOrder":85},{"sectionNumber":"82","sectionType":"section","heading":"Restricted Schedule 4 substance","content":"82 Restricted Schedule 4 substance\n(1) A person must not issue a prescription for the supply of a restricted\nSchedule 4 substance unless:\n(i) is an authorised health practitioner; and\nperson's health profession in accordance with the\nconditions stated in the declaration of the substance as a\nrestricted Schedule 4 substance; or\n","sortOrder":86},{"sectionNumber":"83","sectionType":"section","heading":"Unrestricted Schedule 8 substance – general","content":"83 Unrestricted Schedule 8 substance – general\nunrestricted Schedule 8 substance unless:\n(i) is a dentist, doctor, endorsed midwife or nurse\npractitioner, podiatrist or another health practitioner\nperson's health profession; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 49\n","sortOrder":87},{"sectionNumber":"84","sectionType":"section","heading":"Unrestricted Schedule 8 substance – prohibited circumstances","content":"84 Unrestricted Schedule 8 substance – prohibited circumstances\nunrestricted Schedule 8 substance in a prohibited circumstance\nmentioned in subsection (2) unless the person:\n(a) is an authorised health practitioner; and\n(b) issues the prescription:\n(i) under a Schedule 8 authorisation or Schedule 8\nexemption; and\n(ii) in the course of practising the health practitioner's health\nprofession.\n(2) Each of the following is a prohibited circumstance for issuing the\nprescription:\n(b) for treating a person's addiction to a substance;\n(c) for another purpose prescribed by regulation.\nNote for section 84\nSection 139(1) provides that the CHO may, on application, authorise the supply,\nadministration or the issue of a prescription for the supply of an unrestricted\nSchedule 8 substance in a prohibited circumstance.\n85 Restricted Schedule 8 substance\n(1) A person must not issue a prescription for the supply of a restricted\nSchedule 8 substance unless:\n(i) is an authorised health practitioner; and\n\n","sortOrder":88},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Additional qualifications for health practitioners under Health Practitioner","content":"Subdivision 3 Additional qualifications for health practitioners under Health Practitioner\nMedicines, Poisons and Therapeutic Goods Act 2012 50\nperson's health profession under a Schedule 8\nauthorisation, or Schedule 8 exemption, for an\nauthorised purpose; or\nNote for subsection (1)(a)\nUnder section 139(1)(c), a Schedule 8 authorisation for the issue of a prescription\nfor the supply of a restricted Schedule 8 substance may be issued only to an\nauthorised health practitioner for administration for an authorised purpose. In\naddition, under section 245, the CHO may issue a Schedule 8 exemption to an\nauthorised health practitioner for the issue of a prescription for the supply of a\nrestricted Schedule 8 substance for administration for an authorised purpose.\nSubdivision 3 Additional qualifications for health practitioners\nunder Health Practitioner Regulation National Law\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Endorsement on health practitioner's registration for","content":"86 Endorsement on health practitioner's registration for\nadditional qualifications\n(1) This section applies to a health practitioner whose registration\nunder the Health Practitioner Regulation National Law is endorsed\nas qualified to issue a prescription for the supply of a Scheduled\nsubstance (the endorsed qualification) in addition to an\nauthorisation under Subdivision 1 or 2.\nPart 7, Division 3 of the Health Practitioner Regulation National Law deals with\nthe endorsement of registration under the Law.\n(2) The health practitioner may, in the course of practising in the health\npractitioner's health profession, issue a prescription for the supply\nof the Scheduled substance in accordance with the endorsed\nqualification.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 51\n(3) The health practitioner's authorisation under subsection (2) is\nsubject to the conditions or other restrictions prescribed by\nNote for section 86\nA health practitioner may also issue a prescription for a Schedule 3 substance,\nthe cost of which is subsidised under the Australian Government's\nPharmaceutical Benefits Scheme.\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Requirements for prescription","content":"87 Requirements for prescription\n(1) An authorised prescriber must not issue a prescription for a\nScheduled substance unless the issue of the prescription complies\nwith:\n(a) the requirements prescribed by regulation; and\n(b) for a Schedule 8 substance or restricted Schedule 4\nsubstance – the requirements prescribed by a code of\npractice.\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Duration of prescription","content":"88 Duration of prescription\nA prescription issued under this Part for the supply of a Scheduled\nsubstance remains in force for the following period from the date it\nis issued:\n(a) if it is for supplying a Schedule 8 substance – 6 months or, if a\nshorter period is prescribed by a code of practice, the shorter\nperiod;\n(b) if it is for supplying another substance – 12 months.\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Issuing prescription to patient","content":"89 Issuing prescription to patient\n(1) An authorised prescriber commits an offence if the prescriber:\n(a) issues a prescription for the supply of a Schedule 4 or 8\nsubstance for administering to a person (the patient) for the\npatient's therapeutic use or treating a medical condition of the\npatient; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 52\n(b) gives the prescription to a person (the recipient) other than:\n(i) the patient; or\n(ii) a carer of the patient; or\n(iii) a guardian of the patient; or\n(iv) a prescribed person.\n(2) Subsection (1) does not apply if:\n(a) the patient is the partner of the recipient; and\n(b) the substance is a Schedule 4 substance for treating the\npartner for the medical condition of chlamydia; and\n(c) the prescribed conditions apply to the issue of the prescription.\n(3) In addition, the authorised prescriber is not civilly liable in relation to\nthe issue of the prescription.\n(4) Without limiting subsection (3), issuing and giving the prescription\ndoes not constitute a breach of professional etiquette or ethics or a\ndeparture from accepted standards of professional conduct.\ncarer, see section 5 of the Carer's Recognition Act 2006.\npartner, of a person, includes:\n(a) the person's spouse; and\n(b) the person's de facto partner; and\n(c) someone with whom the person is in a sexual relationship.\nprescribed means prescribed by regulation.\n","sortOrder":93},{"sectionNumber":"90","sectionType":"section","heading":"No self-prescription of Schedule 8 or restricted Schedule 4","content":"90 No self-prescription of Schedule 8 or restricted Schedule 4\nAn authorised prescriber must not issue to himself or herself a\nprescription for the supply of a Schedule 8 substance or restricted\n\n","sortOrder":94},{"sectionNumber":"Div 3","sectionType":"division","heading":"Orders for administering and supplying Schedule 4 and 8 substances","content":"Division 3 Orders for administering and supplying Schedule 4 and 8 substances\nMedicines, Poisons and Therapeutic Goods Act 2012 53\n","sortOrder":95},{"sectionNumber":"91","sectionType":"section","heading":"Quantity of Schedule 8 substance authorised by prescription","content":"91 Quantity of Schedule 8 substance authorised by prescription\n(1) An authorised prescriber must not issue a prescription for the\nsupply of a Schedule 8 substance for more than:\n(a) 3 months supply of the substance administered at the daily\ndose recommended by the authorised prescriber; or\n(b) if a greater quantity is prescribed by a code that applies to the\nissue of the prescription – that quantity.\nDivision 3 Orders for administering and supplying Schedule 4\nand 8 substances\n","sortOrder":96},{"sectionNumber":"92","sectionType":"section","heading":"Authorised prescriber may authorise administration and","content":"92 Authorised prescriber may authorise administration and\nsupply by order\n(1) An authorised prescriber for a Scheduled substance may:\n(a) by written or oral order (an administration order), authorise\nthe administration of the substance by an Aboriginal and\nTorres Strait Islander health practitioner, a nurse, a midwife or\na pharmacist to:\n(i) a patient of a hospital; or\n(ii) a resident at a residential facility; or\n(iii) a person receiving medical treatment at a declared\nplace; or\n(iv) a person receiving palliative care at the person's\nresidence in a circumstance prescribed by regulation; or\n(b) by written order (a supply order), authorise the supply of the\nsubstance by a pharmacist to:\n(i) a person on the person's discharge as a patient of a\nhospital; or\n(ii) the nurse employed at a residential facility for\nadministration to a resident at the facility; or\n(iii) the person in charge of a declared place.\n\nPart 2.5 Special provisions about supplies of Schedule 4 and 8 substances\nMedicines, Poisons and Therapeutic Goods Act 2012 54\n(2) An administration order or supply order must comply with the\nrequirements prescribed by regulation.\nNote for section 92\nAn administration order or supply order may be issued electronically in\naccordance with the Electronic Transactions (Northern Territory) Act 2000.\nPart 2.5 Special provisions about supplies of\n","sortOrder":97},{"sectionNumber":"93","sectionType":"section","heading":"Supply of Schedule 4 and 8 substances on prescription","content":"93 Supply of Schedule 4 and 8 substances on prescription\n(1) A pharmacist who supplies a Schedule 4 or 8 substance on a\nprescription must write the date of the supply on the prescription.\n(2) A pharmacist must not supply a Schedule 4 or 8 substance on a\nprescription that is not in force when the substance is supplied.\n(3) An offence against subsection (1) or (2) is an offence of strict\nsubsection (1) or (2) if the defendant establishes a reasonable\nNote for section 93\nIn some circumstances, a pharmacist may supply a Schedule 4 or 8 substance\nwithout a prescription under sections 59 to 61.\n","sortOrder":98},{"sectionNumber":"94","sectionType":"section","heading":"Repeat supply of Schedule 8 substance","content":"94 Repeat supply of Schedule 8 substance\n(1) A pharmacist commits an offence if:\n(a) an authorised prescriber issues a repeat prescription for the\nsupply of a Schedule 8 substance; and\n(b) the pharmacist supplies the substance within the minimum\nrepeat interval for the prescription.\n(2) Subsection (1) does not apply if the pharmacist is satisfied:\n(a) the previous supply of the substance was lost, stolen or\ndestroyed; or\n\nPart 2.5 Special provisions about supplies of Schedule 4 and 8 substances\nMedicines, Poisons and Therapeutic Goods Act 2012 55\n(b) the supply is urgently needed to treat the person to whom the\nsubstance is supplied; or\n(c) other circumstances prescribed by a code of practice apply to\nthe supply.\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Health practitioner to ensure self-administration of some","content":"95 Health practitioner to ensure self-administration of some\nsupplied Schedule 8 substances\n(1) This section applies to a health practitioner:\n(a) supplying a prescribed Schedule 8 substance under a\nSchedule 8 authorisation or Schedule 8 exemption; or\n(b) a health practitioner who is a pharmacist supplying a\nprescribed Schedule 8 substance on a prescription issued by\nan authorised prescriber.\n(2) The health practitioner must ensure the person to whom the\nsubstance is supplied self-administers the substance in the health\npractitioner's presence.\n(4) Subsection (2) does not apply if, under a code of practice,\ntakeaway doses of the substance are authorised for the person.\nsubsection (2) if the defendant establishes a reasonable excuse.\n(6) In this section:\nprescribed Schedule 8 substance means a Schedule 8\nsubstance prescribed by a code of practice for this section.\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"Pharmacist to give CHO prescription for supply of Schedule 8","content":"96 Pharmacist to give CHO prescription for supply of Schedule 8\n(1) A pharmacist who supplies a Schedule 8 substance or restricted\nSchedule 4 substance on a prescription must, within 7 days after\nthe supply, give the CHO:\n(a) if the prescription is a repeat prescription that authorises\nsupply on a later occasion – a copy of the prescription; or\n(b) otherwise – the prescription on which the pharmacist supplied\n\nMedicines, Poisons and Therapeutic Goods Act 2012 56\n(1A) Subsection (1) does not apply in relation to the supply of a\nmonitored medicine for administration to a person.\nNote for subsection (1A)\nSection 243E(1)(b) requires information to be given by a pharmacist in relation to\nthe supply of a monitored medicine for administration to a person.\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Obligations of authorised prescriber and pharmacist for","content":"97 Obligations of authorised prescriber and pharmacist for\nsupply made without prescription in emergency\n(1) This section applies if, under section 61, a pharmacist supplies a\nSchedule 4 or 8 substance to a person at the request of an\nauthorised prescriber.\n(2) The authorised prescriber must give the pharmacist a prescription\nfor the supply within 7 days after making the request.\n(3) If the pharmacist does not receive a prescription for the supply of\nthe substance on the request within 7 days after the supply, the\npharmacist must give a written report about the supply to the CHO.\n(4) An offence against subsection (2) or (3) is an offence of strict\nsubsection (2) or (3) if the defendant establishes a reasonable\nPart 2.6 Special provisions about dealing with\nScheduled substances in hospitals, residential\nfacilities and declared places\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"Storage at hospital","content":"98 Storage at hospital\n(1) The manager of a hospital must:\n(a) ensure all Scheduled substances received at the hospital are\nstored in an area and in a way to prevent unauthorised access\nto them; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 57\n(b) take reasonable measures to prevent unauthorised access at\nany time to the substances.\n","sortOrder":103},{"sectionNumber":"99","sectionType":"section","heading":"Administering Schedule 3, 4 or 8 substance at hospital,","content":"99 Administering Schedule 3, 4 or 8 substance at hospital,\nresidential facility or declared place\n(a) a health practitioner is practising in the health practitioner's\nhealth profession at a hospital, residential facility or declared\nplace; and\n(b) in the course of practising the health profession, the health\npractitioner:\n(i) is supplied a Schedule 3 substance; or\n(ii) is supplied a Schedule 4 or 8 substance on a\nprescription or supply order of an authorised prescriber\nfor the substance; and\n(c) the substance is supplied for administering to a patient of the\nhospital, resident at the residential facility or person receiving\nmedical treatment at the declared place (the relevant\npatient).\n(2) The health practitioner commits an offence if the health practitioner:\n(a) knows the supplied substance is a Schedule 3, 4 or 8\n(b) administers the substance to the relevant patient; and\n(c) does not administer the substance in accordance with the\ninstructions of the authorised prescriber.\n(3) The health practitioner commits an offence if the health practitioner:\n(a) knows the supplied substance is a Schedule 3, 4 or 8\n(b) administers the substance to a person; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 58\n(c) knows the person is not the relevant patient.\nMaximum penalty: 200 penalty units.\n","sortOrder":104},{"sectionNumber":"100","sectionType":"section","heading":"Administration or supply of Schedule 8 substance to be","content":"100 Administration or supply of Schedule 8 substance to be\nwitnessed\n(1) Subject to subsections (3) and (4), a health practitioner must not\nadminister or supply a Schedule 8 substance to a relevant patient\nunless a person other than the practitioner or the patient witnesses\nthe administration or supply of the substance.\n(2) Subject to subsections (3) and (4), if a health practitioner\nadministers or supplies a Schedule 8 substance to a relevant\npatient and the administration or supply of the substance is\nwitnessed by another person, the health practitioner must record\nthe name of at least one person who witnessed the administration\nor supply of the substance in the record prescribed by regulation\n(the prescribed record).\n(3) Subsections (1) and (2) do not apply to a health practitioner if:\n(a) the health practitioner is an Aboriginal and Torres Strait\nIslander health practitioner, a nurse, a midwife or a pharmacist\n(the practitioner); and\n(b) another person is not reasonably available to witness the\npractitioner administer or supply the Schedule 8 substance to\nthe relevant patient because of:\n(i) the remote location of the place where the substance is\nadministered or supplied; or\n(ii) other special circumstances; and\n(c) the practitioner records the reason why the administration or\nsupply of the substance was not witnessed in the relevant\npatient's clinical record.\n(4) Subsection (1) and (2) do not apply to a health practitioner if:\n(a) the health practitioner is a pharmacist; and\n(b) the Schedule 8 substance that is administered or supplied to\nthe relevant patient by the pharmacist is a restricted\nSchedule 8 substance; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 59\n(c) the relevant patient is taking part in a pharmacotherapy\nprogram conducted at the hospital, residential facility or\ndeclared place.\n(5) A health practitioner commits an offence if:\n(a) the health practitioner administers or supplies a Schedule 8\nsubstance to a relevant patient; and\n(b) the administration or supply of the substance is required to be\nwitnessed under subsection (1); and\n(c) the administration or supply of the substance is not witnessed\nby a person other than the health practitioner or the relevant\npatient.\n(6) A health practitioner commits an offence if:\n(a) the health practitioner administers or supplies a Schedule 8\nsubstance to a relevant patient; and\n(b) the administration or supply of the substance is witnessed by\na person other than the health practitioner or the relevant\npatient; and\n(c) the health practitioner is required to record the name of at\nleast one of the persons who witnessed the administration or\nsupply of the substance in the prescribed record under\nsubsection (2); and\n(d) the health practitioner fails to record the name of at least one\nof the persons who witnessed the administration or supply of\nthe substance in the prescribed record.\n(7) An offence against subsection (5) or (6) is an offence of strict\n(8) In this section:\nrelevant patient means a person who is:\n(a) a patient of a hospital; or\n(b) a resident of a residential facility; or\n(c) receiving medical treatment at a declared place.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 60\n","sortOrder":105},{"sectionNumber":"101","sectionType":"section","heading":"Packaging supplied Scheduled substances","content":"101 Packaging supplied Scheduled substances\n(a) the person is authorised under this Act to supply a Scheduled\nsubstance to another person; and\n(b) the person supplies the substance to another person; and\n(c) the substance is not packaged as prescribed by regulation.\n(2) Subsection (1) does not apply if the substance is supplied for\nimmediately administering to a person.\n","sortOrder":106},{"sectionNumber":"102","sectionType":"section","heading":"Labelling supplied Scheduled substances","content":"102 Labelling supplied Scheduled substances\n(a) the person is authorised under this Act to supply a Scheduled\nsubstance to another person; and\n(b) the person supplies the substance to another person; and\n(c) the container of the substance is not labelled as prescribed by\n(2) Subsection (1) does not apply if the substance is supplied for\nimmediately administering to a person.\n","sortOrder":107},{"sectionNumber":"103","sectionType":"section","heading":"Permanently marked containers – use for other Scheduled","content":"103 Permanently marked containers – use for other Scheduled\n(a) the person uses a container for storing a Scheduled\n\nMedicines, Poisons and Therapeutic Goods Act 2012 61\n(b) the container is permanently marked with the name of a\ndifferent Scheduled substance.\n","sortOrder":108},{"sectionNumber":"104","sectionType":"section","heading":"Scheduled substance container not to be used for human-use","content":"104 Scheduled substance container not to be used for human-use\n(a) the person supplies a human-use substance in a container;\nand\n(b) the container is of a kind of container prescribed by regulation\nthat has been used for storing a Scheduled substance.\nhuman-use substance means any of the following substances:\n(a) food;\n(b) a drink;\n(c) a condiment.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 62\n","sortOrder":109},{"sectionNumber":"105","sectionType":"section","heading":"Definitions","content":"105 Definitions\nmanufacturer's pack, of an unscheduled substance, means a\nprimary pack of the substance that has been packaged and labelled\nby the substance's manufacturer in compliance with the medicines\nand poisons standard.\nNote\nA primary pack is a pack in which a substance and its immediate container or\nimmediate wrapper or measure pack are presented for sale or supply (see the\nmedicines and poisons standard).\nunscheduled substance means a substance mentioned in\nSchedule 2, 3, 4 or 8 to the medicines and poisons standard if none\nof the Schedules apply to the substance because of an exception in\nthe standard.\nExample\nAspirin is mentioned in several Schedules of the medicines and poisons standard\nbut in small packages is an unscheduled substance.\nvending machine means a machine or device from which a\nScheduled substance can be obtained, including by one or more of\nthe following:\n(a) electronic funds transfer;\n(b) inserting money, a token or something else.\nExamples of other things for paragraph (b)\n1 A credit card.\n2 A debit card.\n3 A key.\n106 Vending machine supplies of unscheduled substances\n(a) the person is the occupier of premises; and\n(b) a vending machine is installed on the premises; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 63\n(c) the vending machine is used, or available for use, for\nsupplying an unscheduled substance.\n(2) Strict liability applies to subsection (1)(a) and (b).\n(3) Subsection (1) does not apply if the vending machine was placed\non the premises without the occupier's consent.\n(4) In addition, subsection (1) does not apply if:\n(a) the unscheduled substance is supplied in a manufacturer's\npack containing not more than 2 adult doses of the substance;\nand\n(b) the substance was packed in the manufacturer's pack by the\nmanufacturer of the substance; and\n(c) the vending machine is presented and located in a way that\nmakes unsupervised access by children unlikely.\nDivision 3 Methylated spirit\n107 Drinking methylated spirit\n(1) A person must not drink a methylated spirit.\n108 Supplying methylated spirit for drinking\nA person must not supply a methylated spirit to another person for\ndrinking by the other person or someone else.\n","sortOrder":110},{"sectionNumber":"110","sectionType":"section","heading":"Manufacture, supply and use of first, second and third","content":"110 Manufacture, supply and use of first, second and third\nschedule paints\n(1) A person commits an offence if the person manufactures, supplies\nor uses a first schedule paint as prescribed by regulation.\nMaximum penalty: 40 penalty units.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 64\n(2) A person commits an offence if the person manufactures, supplies\nor uses a second schedule paint as prescribed by regulation.\n(3) A person commits an offence if the person manufactures, supplies\nor uses a third schedule paint.\nNote for section 110\nParagraph 6 of Part 1 of the medicines and poisons standard defines the paints\nto which this section applies.\n","sortOrder":111},{"sectionNumber":"111","sectionType":"section","heading":"Manufacture, supply and use of paints for toys","content":"111 Manufacture, supply and use of paints for toys\n(a) the person manufactures a paint with the intention the paint be\napplied to toys; and\n(b) the paint does not comply with the requirements prescribed by\n(a) the person supplies a paint; and\n(b) knows the paint is to be applied to toys; and\n(c) the paint does not comply with the requirements prescribed by\n(3) A person commits an offence if:\n(a) the person applies a paint to toys; and\n(b) the paint does not comply with the requirements prescribed by\n\nMedicines, Poisons and Therapeutic Goods Act 2012 65\n","sortOrder":112},{"sectionNumber":"112","sectionType":"section","heading":"Manufacture, supply and use of paints containing pesticides","content":"112 Manufacture, supply and use of paints containing pesticides\nA person commits an offence if:\n(a) the person manufactures, supplies or uses a paint containing\na pesticide; and\n(b) the pesticide is not prescribed by regulation.\n","sortOrder":113},{"sectionNumber":"112A","sectionType":"section","heading":"Definition","content":"112A Definition\npest authorisation means:\n(a) a pest management technician licence; or\n(b) a licence granted under Part 5, Division 2 of the Agricultural\nand Veterinary Chemicals (Control of Use) Act 2004; or\n(c) an S7 authorisation issued under the Agricultural and\nVeterinary Chemicals (Control of Use) Regulations 2005.\n","sortOrder":114},{"sectionNumber":"112B","sectionType":"section","heading":"Representation by unauthorised person","content":"112B Representation by unauthorised person\n(a) represents, by any means, that the person carries out pest\ncontrol operations involving the use of a pesticide for fee or\nreward; and\n(b) is not authorised under a pest authorisation to use the\npesticide.\n","sortOrder":115},{"sectionNumber":"112C","sectionType":"section","heading":"Advertisement to include authorisation number","content":"112C Advertisement to include authorisation number\n(1) An advertisement for pest control operations that are offered by a\nbusiness and involve the use of a pesticide must state:\n(a) if the owner of the business holds a pest authorisation – the\nnumber of that authorisation; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 66\n(b) otherwise – the number of the pest authorisation held by at\nleast one person who is employed or contracted by the owner\nto carry out pest control operations for the business.\n(i) places or distributes an advertisement for pest control\noperations that are offered by a business and involve the\nuse of a pesticide; or\n(ii) authorises another person to place or distribute an\nadvertisement mentioned in subparagraph (i); and\n(b) the advertisement does not state the information required\nunder subsection (1).\nadvertisement means every form of advertisement or notice,\nhowever displayed, and whether or not displayed to the public.\nExamples for definition advertisement\n1 A post on a social media platform.\n2 A flyer on a noticeboard.\n113 Advertising some Scheduled substances\n(a) the person publishes an advertisement; and\n(b) the advertisement promotes or encourages the use of a\nprescribed substance.\n(a) the person publishes an advertisement; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 67\n(b) the advertisement indicates someone is willing or authorised\nunder this Act to supply a prescribed substance.\n(3) Subsections (1) and (2) do not apply to:\n(a) an advertisement for a prescribed substance in a publication\npublished primarily for health practitioners or veterinarians; or\n(b) an advertisement prescribed by regulation.\nadvertisement, for a prescribed substance, means writing, sound\nor a picture, symbol, light or other visible device, object or sign (or a\ncombination of 2 or more of them) that a reasonable person would\nconsider publicises, or otherwise promotes, the purchase or use of\nprescribed substance means:\n(a) a Schedule 3 substance other than a Schedule 3 substance to\nwhich Appendix H to the medicines and poisons standard\napplies; or\n(b) a Schedule 4, 8 or 9 substance.\n","sortOrder":116},{"sectionNumber":"114","sectionType":"section","heading":"No self-administration of Schedule 8 or restricted Schedule 4","content":"114 No self-administration of Schedule 8 or restricted Schedule 4\n(1) A person who is authorised under this Act to supply a Schedule 8\nsubstance or restricted Schedule 4 substance must not\nself-administer the substance.\n(2) Subsection (1) does not apply if the substance has been supplied to\nthe person for self-administration by someone else who is\nauthorised under this Act to do so (an authorised person).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 68\n(3) In addition, it is a defence to a prosecution for an offence against\nsubsection (1) if the defendant proves:\n(a) the defendant:\n(i) self-administered the substance for a genuine\ntherapeutic use in an emergency and had no access to\nan authorised person to administer the substance; and\n(ii) gives notice of the administration in the approved form to\nthe CHO within 7 days after the administration; or\n(b) the defendant self-administered the substance under another\ncircumstance prescribed by regulation.\n","sortOrder":117},{"sectionNumber":"115","sectionType":"section","heading":"Temporary prohibition on dealing with substance","content":"115 Temporary prohibition on dealing with substance\n(1) This section applies if the CHO is satisfied, because of urgent\ncircumstances, it is necessary to immediately prohibit dealing with a\nsubstance to promote or protect public health and safety.\n(2) The CHO may, by Gazette notice, prohibit the dealing subject to the\n(3) The notice must state the particulars of the prohibition, including the\nfollowing:\n(a) the substance;\n(b) the kind of dealing prohibited;\n(c) the reasons for the prohibition;\n(d) the conditions of the prohibition.\n(4) A person must not engage in conduct that results in a contravention\nof the prohibition.\n(5) The notice has effect despite another provision of this Act.\n(6) The notice ceases to have effect on the earlier of the following:\n(a) the date stated in it;\n(b) 3 months after it commences.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 69\n(7) In this section:\ndealing with, for a substance, means to do any of the things\nmentioned in section 17(a) to (j) with the substance.\nsubstance means a substance mentioned in a Schedule or\nAppendix to the medicines and poisons standard (whether or not\nthe standard applies to the substance).\nNote for section 115\nBecause clause 1(2) of the medicines and poisons standard applies to the\ninterpretation of this Act under section 15(2), a substance includes:\n(a) a substance prepared from natural sources or artificially; and\n(b) every salt, active principle or derivative of the substance; and\n(c) a preparation or admixture containing any proportion of the substance.\n","sortOrder":118},{"sectionNumber":"116","sectionType":"section","heading":"Prohibition on health practitioner or veterinarian dealing with","content":"116 Prohibition on health practitioner or veterinarian dealing with\nSchedule 8 substance\n(1) If the CHO considers a health practitioner or veterinarian should be\nprohibited from dealing with Schedule 8 substances, or a particular\nSchedule 8 substance, the CHO may give the health practitioner or\nveterinarian written notice stating:\n(a) the particulars of the proposed prohibition, including its\nduration; and\n(b) the reasons for the proposed prohibition; and\n(c) the health practitioner or veterinarian may, within the period\nstated in the notice, make written representations to the CHO\nobjecting to the proposed prohibition.\n(2) After the end of the period stated in the notice, the CHO may, by\nwritten notice (the prohibition notice), prohibit the health\npractitioner or veterinarian from dealing with Schedule 8\nsubstances, or a stated Schedule 8 substance, as stated in the\n(3) The prohibition notice may be subject to stated conditions.\nExample for subsection (3)\nThe prohibition may state a place from where a pharmacist may store a\nsubstance to enable the pharmacist to supply it on a prescription issued by an\nauthorised prescriber.\n(4) In deciding whether to give the prohibition notice, the CHO must\nhave regard to written submissions made by the health practitioner\nor veterinarian before the end of the period.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 70\n(5) The prohibition notice must include an information notice for the\n(6) The health practitioner or veterinarian must not engage in conduct\nthat results in a contravention of the prohibition notice.\n(7) The notice has effect despite another provision of this Act.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 71\n","sortOrder":119},{"sectionNumber":"117","sectionType":"section","heading":"Types of authorities","content":"117 Types of authorities\nEach of the following is an authority issued by the CHO:\n(a) a manufacturer certificate of registration;\n(b) a wholesaler certificate of registration;\n(ba) a Schedule 4 supplier certificate of registration;\n(c) a retailer licence;\n(ca) a Schedule 3 authorisation;\n(d) a Schedule 4 authorisation;\n(e) a Schedule 7 authorisation;\n(f) a pest management technician licence;\n(g) a Schedule 8 authorisation;\n(h) a prohibited substance authorisation;\n(i) a research authorisation;\n(j) a medical kit authorisation.\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Suitability of authority holder – individuals","content":"118 Suitability of authority holder – individuals\n(1) In deciding whether an individual (other than a health practitioner) is\na suitable person to hold an authority, the CHO must have regard\nto the following:\n(a) the knowledge, experience and qualifications of the individual\nin relation to the Scheduled substances to which the authority\nrelates;\n(b) the dealings with Scheduled substances to which the authority\nrelates and the purpose of the dealings;\n(c) another matter prescribed by regulation.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 72\n(2) However, an individual is not a suitable person to hold an authority\nif:\n(a) the individual has been convicted or found guilty of any of the\nfollowing in the 5-year period before the day the application for\nthe authority is made:\n(i) an offence against this Act;\n(ii) an offence in Australia or elsewhere in relation to a\nScheduled substance; or\n(b) the individual at any time in the 5-year period before the day\nthe application for the authority is made:\n(i) was an undischarged bankrupt; or\n(ii) executed a personal insolvency agreement; or\n(c) at any time in the 5-year period before the day the application\nfor the authority is made, the individual was involved in the\nmanagement of a body corporate when:\n(i) the body corporate became the subject of a winding-up\norder; or\n(ii) an administrator was appointed for the body corporate;\nor\n(d) a circumstance prescribed by regulation applies in relation to\nthe individual.\n(3) Despite subsection (2), the CHO may decide an individual is a\nsuitable person to hold an authority if satisfied:\n(a) the individual's dealings with Scheduled substances\nauthorised, or to be authorised, by the authority would not be\ninconsistent with the objects of this Act if the CHO decided\nthat the individual is a suitable person; and\n(b) it is otherwise in the public interest that the individual be\ntreated as a suitable person.\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Suitability of authority holder – bodies corporate","content":"119 Suitability of authority holder – bodies corporate\n(1) A body corporate is a suitable person for an authority if:\n(a) each executive officer of the body corporate is a suitable\nperson to hold the authority; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 73\n(b) the body corporate is not the subject of a winding-up order,\nand has not been the subject of a winding-up order in the\n5-year period before the day the application for the authority is\nmade; and\n(c) an administrator has not been appointed for the body\ncorporate in the 5-year period before the day the application\nfor the authority is made.\n(2) However, if a body corporate is not a suitable person for an\nauthority under subsection (1), the CHO may decide the body\ncorporate is a suitable person to hold an authority if satisfied:\n(a) the body corporate's dealings with Scheduled substances to\nwhich the authority relates would not be inconsistent with the\nobjects of this Act if the CHO decided the body corporate is a\nsuitable person; and\n(b) it is otherwise in the public interest that the body corporate be\ntreated as a suitable person.\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Suitability of nominated person – certificate of registration","content":"120 Suitability of nominated person – certificate of registration\nAn individual is a suitable person to be the nominated person for a\ncertificate of registration if the individual:\n(a) is a suitable person to hold the authority; and\n(b) the CHO is satisfied the person is suitable to have control of\nthe business activities or services to be carried out under the\nauthority.\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Manufacturer certificate of registration","content":"121 Manufacturer certificate of registration\nA manufacturer certificate of registration, for a place, is an\nauthority that authorises its holder to:\n(a) manufacture the Scheduled substances stated in the\ncertificate at the place; and\n(b) supply the manufactured substances from the place in the\ncourse of carrying out business activities for the manufacture\nof the substances; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 74\n(c) possess the substances for a purpose mentioned in\nNote for section 121\nA manufacturer certificate of registration may authorise the manufacture,\npossession and supply of a dangerous drug that would otherwise be unlawful\nunder Part II, Division 1 of the Misuse of Drugs Act 1990.\n","sortOrder":124},{"sectionNumber":"122","sectionType":"section","heading":"Wholesaler certificate of registration","content":"122 Wholesaler certificate of registration\nA wholesaler certificate of registration, for a place, is an\nauthority that authorises its holder to:\n(a) supply the Scheduled substances stated in the certificate from\nthe place in the course of carrying out business activities for\nthe sale of the substances by wholesale; and\n(b) possess the substances for a purpose mentioned in\n","sortOrder":125},{"sectionNumber":"122A","sectionType":"section","heading":"Schedule 4 supplier certificate of registration","content":"122A Schedule 4 supplier certificate of registration\nA Schedule 4 supplier certificate of registration, for a place, is\nan authority that authorises its holder:\n(a) to supply, but not to sell, the Schedule 4 substances stated in\nthe certificate from the place in the course of carrying out the\nservice of distributing the substances to health practitioners or\nhealth services; and\n(b) to possess the substances for a purpose mentioned in\n","sortOrder":126},{"sectionNumber":"123","sectionType":"section","heading":"Retailer licence","content":"123 Retailer licence\nA retailer licence, for a place, is an authority that authorises the\nlicensee to:\n(a) supply the Schedule 2 and 7 substances stated in it from the\nplace in the course of carrying out business activities for the\nretail sale of the substances; and\n(b) possess the substances for a purpose mentioned in\nNote for section 123\nHowever, under section 145, the licensee is prohibited from supplying a\n","sortOrder":127},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"substance from the licensed place if it is located within 25 km, by the","content":"Schedule 2 substance from the licensed place if it is located within 25 km, by the\nshortest practical route, of a pharmacy.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 75\n","sortOrder":128},{"sectionNumber":"123A","sectionType":"section","heading":"Schedule 3 authorisation","content":"123A Schedule 3 authorisation\nA Schedule 3 authorisation is an authority that authorises its\nholder, and the persons stated in it, to supply, but not to sell, the\nSchedule 3 substances stated in it.\n","sortOrder":129},{"sectionNumber":"124","sectionType":"section","heading":"Schedule 4 authorisation","content":"124 Schedule 4 authorisation\nA Schedule 4 authorisation is an authority that authorises its\nholder, and the persons stated in it, to do one or more of the\nfollowing in relation to the Schedule 4 substances stated in it:\n(a) administer the substances to animals (but not humans) for the\npurposes stated in it;\n(b) otherwise use the substances;\n(c) possess the substances for a purpose mentioned in\n","sortOrder":130},{"sectionNumber":"125","sectionType":"section","heading":"Schedule 7 authorisation","content":"125 Schedule 7 authorisation\n(1) A Schedule 7 authorisation is an authority that authorises its\nholder to use the Schedule 7 substances (other than a chemical\nproduct) stated in it.\nchemical product, see section 4(1) of the Agricultural and\nVeterinary Chemicals (Control of Use) Act 2004.\nNote for subsection (2)\nThe Agricultural and Veterinary Chemicals (Control of Use) Act 2004 provides\ncontrols on the use of chemical products. The controls under that Act include, for\nexample, obligations on pharmacists providing information to people about\nchemical products supplied to them on the prescription of a veterinarian, see\nsection 34 of that Act.\n","sortOrder":131},{"sectionNumber":"126","sectionType":"section","heading":"Pest management technician licence","content":"126 Pest management technician licence\nA pest management technician licence is an authority that\nauthorises the licensee to use the pesticides stated in it for carrying\nout pest control operations.\nNote for section 126\nDepending on the knowledge, experience and qualifications of the licensee in the\nuse of pesticides, the licence may be subject to conditions about the use of\nstated pesticides. For example, the licence may authorise use of a pesticide only\nunder the direct supervision of a licensee with additional qualifications.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 76\n","sortOrder":132},{"sectionNumber":"127","sectionType":"section","heading":"Schedule 8 authorisation","content":"127 Schedule 8 authorisation\nA Schedule 8 authorisation is an authority that authorises its\nholder to do one or more of the following in relation to the\nSchedule 8 substances stated in it:\n(a) supply the substances;\n(b) administer the substances to another person or to animals;\n(c) otherwise use the substances;\n(d) issue a prescription for the supply of the substances;\n(e) possess the substances for a purpose mentioned in\nparagraphs (a) to (d).\nNotes for section 127\n1 A Schedule 8 authorisation may authorise the possession, supply or use of a\ndangerous drug that would otherwise be unlawful under Part II, Division 1 of\nthe Misuse of Drugs Act 1990.\n2 Also, see section 139 for restrictions applying in relation to the issue of\nSchedule 8 authorisations.\n128 Prohibited substance authorisation\n(1) A prohibited substance authorisation issued to an authorised\nhealth practitioner (the authority holder) is an authority that\nauthorises the authority holder, and another authorised health\npractitioner stated in it, to do one or more of the following in relation\nto the prohibited substance stated in it:\n(a) administer the substance to the person stated in it;\n(b) supply the substance to the person stated in it for the person\nto self-administer;\n(c) possess the substance for a purpose mentioned in\n(2) If the authorisation authorises the supply of the substance to the\nperson stated in it for self-administration, the authorisation also\nauthorises the person to:\n(a) self-administer the substance; and\n(b) possess the substance to self-administer.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 77\n(3) A prohibited substance authorisation issued to a veterinarian or\nother person prescribed by regulation is an authority that authorises\nits holder to do the following in relation to the substance:\n(a) administer the substance to animals;\n(b) possess the substance for the purpose mentioned in\nNotes for section 128\n1 A prohibited substance authorisation may authorise the possession, supply or\nuse of a dangerous drug that would otherwise be unlawful under Part II,\nDivision 1 of the Misuse of Drugs Act 1990.\n2 Also, see section 140 for restrictions applying in relation to prohibited\nsubstance authorisations.\n129 Research authorisation\nA research authorisation is an authority that authorises its holder\nto:\n(a) administer or supply, but not to sell, Schedule 3 substances to\nanother person; or\n(b) do one or more of the following in relation to the Schedule 4, 7\nand 8 substances, or prohibited substances, stated in it for\nmedical or scientific research:\n(i) administer the substances to stated persons or to\nanimals;\n(ii) otherwise use the substances;\n(iii) possess the substances for a purpose mentioned in\nsubparagraph (i) or (ii).\nNotes for section 129\n1 A research authorisation may authorise the possession, supply or use of a\ndangerous drug that would otherwise be unlawful under Part II, Division 1 of\nthe Misuse of Drugs Act 1990.\n2 Also, see section 141 for restrictions applying in relation to research\nauthorisations.\n","sortOrder":133},{"sectionNumber":"130","sectionType":"section","heading":"Medical kit authorisation","content":"130 Medical kit authorisation\n(1) A medical kit authorisation is an authority that authorises its\nholder, and the other persons stated in it, to:\n(a) administer or supply, but not to sell, Schedule 3 substances to\nanother person; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 78\n(b) do one or more of the following in relation to the Schedule 4\nsubstances stated in it:\n(i) supply the substances;\n(ii) self-administer the substances;\n(iii) administer the substances to another person;\n(iv) possess the substances for a purpose mentioned in\nsubparagraphs (i) to (iii).\n(2) In addition, the authorisation may authorise its holder, and the other\npersons stated in it, to:\n(a) administer the Schedule 8 substances stated in it; and\n(b) possess the substances for that purpose.\n","sortOrder":134},{"sectionNumber":"131","sectionType":"section","heading":"Making application","content":"131 Making application\nAn application for an authority must:\n(a) be made to the CHO in the approved form; and\n(b) be accompanied by sufficient documents and information to\nenable the CHO to decide the application; and\n(c) for an application for a certificate of registration – state the\nname of the individual to have control of the business activities\nor services to be carried out at the place (the nominated\nperson).\n","sortOrder":135},{"sectionNumber":"132","sectionType":"section","heading":"CHO may require further information","content":"132 CHO may require further information\nThe CHO may, by written notice, require the applicant to give the\nCHO further documents or information, within the reasonable period\nstated in the notice, for considering and deciding the application.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 79\n","sortOrder":136},{"sectionNumber":"133","sectionType":"section","heading":"CHO to give application for Schedule 8 authorisation to","content":"133 CHO to give application for Schedule 8 authorisation to\nIf the application is for a Schedule 8 authorisation for a restricted\nSchedule 8 substance, the CHO must give the application and all\ndocuments and information in support of it to the Committee for its\nadvice.\nNote for section 133\nUnder section 139(5), the CHO may issue a Schedule 8 authorisation to the\napplicant without considering the Committee's advice if the circumstances\nprescribed by regulation apply.\n","sortOrder":137},{"sectionNumber":"134","sectionType":"section","heading":"Considering and deciding application","content":"134 Considering and deciding application\n(1) The CHO must consider the application and either issue, or refuse\nto issue, the authority sought.\n(2) The CHO must issue the authority if satisfied:\n(a) no restriction on the issue of the authority under Division 2, or\nprescribed by regulation, applies in relation to the application;\nand\n(b) the applicant can comply with this Act in relation to the\nScheduled substances to which the application relates; and\n(c) the substances are to be stored in an area and in a way to\nprevent unauthorised access to them; and\n(d) if the application is for a certificate of registration – the\nproposed nominated person stated in the application is a\nsuitable person; and\n(e) if the application is made by a person who is not a health\npractitioner – the applicant is a suitable person to hold the\nauthority.\nNote about storage of Scheduled substances for subsection (2)(c)\nIn addition, the CHO must be satisfied about security arrangements for some\nplaces where Scheduled substances are stored, see sections 135(b), 136(b),\n136A(1)(b), 140(1)(f) and 141(1)(e).\n(3) The CHO must refuse to issue the authority if the CHO is not\nsatisfied about the matters mentioned in subsection (2).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 80\n(4) In addition, the CHO may refuse to issue a Schedule 7\nauthorisation or pest management technician licence if satisfied\nabout the matter mentioned in section 172(4).\nNote for subsection (4)\nUnder section 172(4)(a), the CHO may refuse to issue a Schedule 7\nauthorisation or pest management technician licence if satisfied a medical\nexamination indicates the applicant's use or continued use of Schedule 7\nsubstances or pesticides is a threat to the applicant's health.\n","sortOrder":138},{"sectionNumber":"135","sectionType":"section","heading":"Certificate of registration","content":"135 Certificate of registration\nThe CHO may issue a certificate of registration only if satisfied,\nhaving regard to the nature of the business activities or services to\nbe carried out and the Scheduled substances involved:\n(a) the place to which the application relates is suitable:\n(i) for a manufacturer certificate of registration – for\nmanufacturing and storing the Scheduled substances; or\n(ii) for a wholesaler certificate of registration or Schedule 4\nsupplier certificate of registration – for storing the\nScheduled substances; and\n(b) security arrangements for the place are adequate to prevent\nthe unlawful use or removal of the substances from the place.\n","sortOrder":139},{"sectionNumber":"136","sectionType":"section","heading":"Retailer licence","content":"136 Retailer licence\nThe CHO may issue a retailer licence only if satisfied:\n(a) the place to which the application relates:\n(i) is suitable for storing Scheduled substances for supply;\nand\n(ii) constitutes one retail outlet only; and\n(b) security arrangements for the place are adequate to prevent\nthe unlawful use or removal of the substances from the place.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 81\n","sortOrder":140},{"sectionNumber":"136A","sectionType":"section","heading":"Schedule 3 authorisation","content":"136A Schedule 3 authorisation\n(1) The CHO may issue a Schedule 3 authorisation for a Schedule 3\nsubstance only if satisfied that:\n(a) the applicant, and each person to be authorised under the\nauthority to supply the substance, is competent to:\n(i) safely handle the substance; and\n(ii) give instructions for the safe use of the substance when\nsupplying it; and\n(b) the security arrangements for the place where the substances\nare to be stored by the applicant are adequate to prevent the\nunlawful use or removal of the substances from the place.\n(2) In considering the matters referred to in subsection (1)(a), the CHO\nmay have regard to:\n(a) the applicant's proposed policies or guidelines for supplying\nthe substance; and\n(b) whether the applicant, and each person to be authorised\nunder the authority to supply the substance, have any\nappropriate training, experience or qualifications for supplying\n","sortOrder":141},{"sectionNumber":"137","sectionType":"section","heading":"Schedule 4 authorisation","content":"137 Schedule 4 authorisation\nThe CHO may issue a Schedule 4 authorisation only if satisfied the\nintended use of a Schedule 4 substance is an authorised purpose.\nNote for section 137\nFor authorised purposes for Schedule 4 substances, see paragraph (a) of the\ndefinition authorised purpose in section 5.\n","sortOrder":142},{"sectionNumber":"138","sectionType":"section","heading":"Pest management technician licence","content":"138 Pest management technician licence\nThe CHO may issue a pest management technician licence only to\nan individual.\n","sortOrder":143},{"sectionNumber":"139","sectionType":"section","heading":"Schedule 8 authorisation","content":"139 Schedule 8 authorisation\n(1) The CHO may issue a Schedule 8 authorisation that authorises any\nof the following only if satisfied the applicant is an authorised health\npractitioner:\n(a) the supply or administration of an unrestricted Schedule 8\nsubstance in a prohibited circumstance;\n\nMedicines, Poisons and Therapeutic Goods Act 2012 82\n(b) the supply or administration of a restricted Schedule 8\nsubstance for an authorised purpose and possession of the\nsubstance for that purpose;\n(c) the issue of a prescription for the supply of:\n(i) an unrestricted Schedule 8 substance in a prohibited\ncircumstance; or\n(ii) a restricted Schedule 8 substance for an authorised\npurpose.\nNote for subsection (1)(a) and (c)(i)\nFor prohibited circumstances for the supply or administration, or the issue of a\nprescription for the supply, of an unrestricted Schedule 8 substance, see\nsections 48(2) and 84(2).\nNote for subsection (1)(b) and (c)(ii)\nFor authorised purposes for restricted Schedule 8 substances, see\nparagraphs (b) and (c) of the definition authorised purpose in section 5.\n(2) In addition, the CHO may issue a Schedule 8 authorisation that\nauthorises the supply of a restricted Schedule 8 substance to a\nperson for self-administration for an authorised purpose only if\nsatisfied:\n(a) it is not reasonably practicable in the circumstances for the\nsubstance to be administered by an authorised health\npractitioner; and\n(b) the person is competent to properly self-administer the\n(3) Otherwise, the CHO may issue a Schedule 8 authorisation for a\nSchedule 8 substance only if satisfied the intended use of the\nsubstance is an authorised purpose.\n(4) The CHO must consider the Committee's advice before issuing a\nSchedule 8 authorisation mentioned in subsection (2).\n(5) However, if the circumstances prescribed by regulation apply, the\nCHO may issue a Schedule 8 authorisation mentioned in\nsubsection (2) without considering the Committee's advice.\n","sortOrder":144},{"sectionNumber":"140","sectionType":"section","heading":"Prohibited substance authorisation","content":"140 Prohibited substance authorisation\n(1) The CHO may issue a prohibited substance authorisation for a\nprohibited substance only in the circumstances mentioned in\nsubsection (2) or (3).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 83\n(2) The CHO may issue a prohibited substance authorisation for a\nprohibited substance if satisfied:\n(a) the applicant is an authorised health practitioner; and\n(b) a person is suffering an illness for which there is a therapeutic\nneed for treatment with the substance; and\n(c) the substance is to be:\n(i) administered to the person by the applicant or another\nauthorised health practitioner to treat the illness; or\n(ii) self-administered by the person to treat the illness; and\n(d) the administration of the substance is justified in the\ncircumstances because the person is suffering from symptoms\nunresponsive to other available treatment; and\n(e) if the substance is to be self-administered:\n(i) it is not reasonably practicable in the circumstances for\nthe substance to be administered by an authorised\nhealth practitioner; and\n(ii) the person is competent to properly self-administer the\n(f) security arrangements for the place where the substance is to\nbe stored are adequate to prevent the unlawful use or removal\nof the substance from the place.\n(3) The CHO may issue a prohibited substance authorisation for a\nprohibited substance if satisfied:\n(a) the applicant is a veterinarian or other person prescribed by\nregulation; and\n(b) the substance is for use to sedate animals or for another use\n(c) security arrangements for the place where the substance is to\nbe stored are adequate to prevent the unlawful use or removal\nof the substance from the place.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 84\n","sortOrder":145},{"sectionNumber":"141","sectionType":"section","heading":"Research authorisation","content":"141 Research authorisation\n(1) The CHO may issue a research authorisation for a Schedule 3, 4 or\n8 substance, or a prohibited substance, for medical or scientific\nresearch only if satisfied:\n(a) the research has merit and is justified; and\n(b) the research is to be conducted or supervised by persons with\nexperience, qualifications and competence that are\nappropriate for the research; and\n(c) the research is to be conducted using facilities and resources\nappropriate for the research; and\n(d) the research cannot be carried out without the use of the\n(e) security arrangements for the place where the research is to\nbe conducted are adequate to prevent the unlawful use or\nremoval of the substance from the place.\n(2) In deciding whether the research has merit and is justified, the CHO\nmust take into account the following:\n(a) the scope and objectives of the research;\n(b) the potential benefits or predicted value to be gained by the\nresearch;\n(c) if the research involves participation by humans:\n(i) ethical considerations; and\n(ii) the risk of potential harm to the participants, their\nfamilies and the community at large, including, for\nexample, the kind of harm, the likelihood of the harm\noccurring and the severity of the harm;\n(d) if the research involves the use of animals:\n(i) ethical considerations; and\n(ii) the potential effects on the welfare of the animals.\nNote for section 141\nOther legislation may apply to the medical or scientific research for which the\napplication is made, for example, the National Health and Medical Research\nCouncil Act 1992 (Cth). Under that Act, guidelines are issued on matters relating\nto public health research and medical research.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 85\n","sortOrder":146},{"sectionNumber":"142","sectionType":"section","heading":"Medical kit authorisation","content":"142 Medical kit authorisation\nThe CHO may issue a medical kit authorisation for Scheduled\nsubstances only if satisfied:\n(a) the professional advice or personal attendance of a health\npractitioner is not always reasonably available before\nadministering the substances; and\n(b) the applicant, and each person to be authorised under the\nauthority to administer the substances, are competent to\nsafely handle and administer the substances.\nExamples of circumstances for issue of medical kit authorisation\n1 The applicant is the lessee of a pastoral or mining lease where the\nsubstances are to be kept to treat medical problems that may arise.\n2 The substances are to be kept on an ocean-going boat to treat medical\nproblems that may arise while at sea.\n3 The substances are for use at a cyclone shelter to treat medical problems\nthat may arise during an emergency.\n143 Conditions – general\n(1) An authority is subject to:\n(a) the conditions stated in this Division for the authority; and\n(b) the other conditions prescribed by:\n(i) regulation; or\n(ii) for a Schedule 8 substance or restricted Schedule 4\nsubstance – a code of practice.\nExamples of conditions for subsection (1)(b)\n1 The quantity, form and strength of a Scheduled substance authorised to be\nused under an authority.\n2 A limit in relation to the persons:\n(a) to whom the Scheduled substance can be supplied or administered under\nthe authority; and\n(b) for whom prescriptions can be issued under the authority.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 86\n(2) In addition, the CHO may issue the authority subject to the\nreasonable conditions stated in it.\nExample of condition for subsection (2)\nA pest management technician licence may be subject to the condition that its\nholder may carry out pest control operations only under the direct supervision of\nanother pest management technician licensee who is the holder's employer.\n(3) Without limiting subsection (2), conditions may be imposed about\ncompliance with a stated code of practice applicable to activities\nunder the authority.\n","sortOrder":147},{"sectionNumber":"144","sectionType":"section","heading":"Conditions – certificate of registration","content":"144 Conditions – certificate of registration\nA certificate of registration for a Scheduled substance is subject to\nthe following conditions:\n(a) its holder may supply the substance only to:\n(i) a health practitioner or veterinarian authorised under this\nAct to possess the substance; or\n(ii) the holder of an authority to possess the substance; or\n(iii) the person in charge of a declared place; or\n(iv) a person authorised to possess the substance under\nanother law in force in the Territory; or\n(b) its holder must deal with the substance in accordance with the\ncode of conduct, or other document, prescribed by regulation.\n","sortOrder":148},{"sectionNumber":"145","sectionType":"section","heading":"Conditions – retailer licence","content":"145 Conditions – retailer licence\nA retailer licence is subject to the condition that the licensee must\nnot supply a Schedule 2 substance from the licensed place if it is\nlocated within 25 km, by the shortest practical route, of a pharmacy.\n","sortOrder":149},{"sectionNumber":"145A","sectionType":"section","heading":"Conditions – Schedule 3 authorisation","content":"145A Conditions – Schedule 3 authorisation\n(1) A Schedule 3 authorisation is subject to the condition that an\nauthorised person who supplies a Schedule 3 substance to another\nperson under the authority must, at the time of the supply, give the\nperson adequate instructions (written or oral) for the use of the\n(2) The regulations may provide for matters relating to the content of\nthe instructions that are required to be given in accordance with the\ncondition imposed by subsection (1).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 87\nauthorised person means the holder of the Schedule 3\nauthorisation and any other person stated in the authority.\n","sortOrder":150},{"sectionNumber":"146","sectionType":"section","heading":"Conditions – Schedule 8 authorisation","content":"146 Conditions – Schedule 8 authorisation\nIf a condition of a Schedule 8 authorisation for a restricted\nSchedule 8 substance is inconsistent with a provision in\nAppendix D to the medicines and poisons standard, the condition\nprevails to the extent of the inconsistency.\n","sortOrder":151},{"sectionNumber":"147","sectionType":"section","heading":"Contravention of condition","content":"147 Contravention of condition\nThe holder of an authority must not engage in conduct that results\nin a contravention of a condition of the authority.\n","sortOrder":152},{"sectionNumber":"148","sectionType":"section","heading":"Duration of authority","content":"148 Duration of authority\nAn authority remains in force for:\n(a) the period, not longer than 3 years, stated in it; or\n(b) if a longer period is prescribed by regulation – the period\nprescribed.\n","sortOrder":153},{"sectionNumber":"149","sectionType":"section","heading":"Form of authority","content":"149 Form of authority\nAn authority must:\n(a) be in the approved form; and\n(b) contain the information prescribed by regulation.\n","sortOrder":154},{"sectionNumber":"150","sectionType":"section","heading":"Notice of refusal to issue authority or impose conditions","content":"150 Notice of refusal to issue authority or impose conditions\nIf the CHO refuses to issue an authority or issues an authority\nsubject to stated conditions, the CHO must immediately give the\napplicant an information notice for the decision.\n","sortOrder":155},{"sectionNumber":"151","sectionType":"section","heading":"Failure to decide application","content":"151 Failure to decide application\nThe CHO is taken to have refused an application for an authority if\nthe CHO does not decide the application within 30 days after:\n(a) the application is made; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 88\n(b) if the CHO gives the applicant notice to give the CHO further\ndocuments or information – the end of the period stated in the\nnotice for giving the document or information.\n","sortOrder":156},{"sectionNumber":"Part 3","sectionType":"part","heading":"3 Renewal of licences and certificates of","content":"Part 3.3 Renewal of licences and certificates of\nregistration\n","sortOrder":157},{"sectionNumber":"152","sectionType":"section","heading":"Application for renewal","content":"152 Application for renewal\n(1) An application for the renewal of a certificate of registration or\nlicence must be made by the holder of the authority.\n(2) Part 3.2 applies (with the necessary changes) to the application as\nif it were an application for an authority.\n","sortOrder":158},{"sectionNumber":"153","sectionType":"section","heading":"Authority continues until application decided","content":"153 Authority continues until application decided\nIf an application for the renewal of an authority is made at least\n30 days before the authority ends, it continues in force until the\napplication is decided.\nPart 3.4 Transfer of authorities\n","sortOrder":159},{"sectionNumber":"154","sectionType":"section","heading":"Transfer of certificate of registration","content":"154 Transfer of certificate of registration\n(1) The holder of a certificate of registration may apply for the transfer\nof the certificate of registration.\n(2) Part 3.2 applies (with the necessary changes) to the application as\nif it were an application for a certificate of registration.\n","sortOrder":160},{"sectionNumber":"155","sectionType":"section","heading":"Other authorities not transferable","content":"155 Other authorities not transferable\nAn authority other than a certificate of registration is not\ntransferable.\n","sortOrder":161},{"sectionNumber":"156","sectionType":"section","heading":"Definitions","content":"156 Definitions\ncondition, of an authority, means a condition of the authority\nimposed by the CHO under section 143(2).\n\nDivision 2 Variation of conditions of authority on CHO's initiative\nMedicines, Poisons and Therapeutic Goods Act 2012 89\nvariation, of a condition of an authority, means:\n(a) amend an existing condition of the authority; or\n(b) impose a new condition of the authority; or\n(c) remove an existing condition of the authority.\nDivision 2 Variation of conditions of authority on CHO's\ninitiative\n","sortOrder":162},{"sectionNumber":"157","sectionType":"section","heading":"CHO may vary conditions to achieve object of Act","content":"157 CHO may vary conditions to achieve object of Act\n(1) The CHO may decide to vary the conditions of an authority if:\n(a) the CHO becomes aware of information that, if it had been\nknown when the authority was issued or renewed, the CHO\nwould have imposed conditions or different conditions on the\nauthority; and\n(b) the CHO is satisfied it is necessary to achieve the objects of\nthis Act.\n(2) Before deciding to vary the conditions, the CHO must:\n(a) give written notice to the holder of the authority:\n(i) of the particulars of the proposed variation; and\n(ii) that the holder may make written submissions to the\nCHO about the proposed variation within a reasonable\nperiod of at least 21 days stated in the notice; and\n(b) have regard to written submissions made to the CHO by the\nholder before the stated day; and\n(c) for a Schedule 8 authorisation issued without considering the\nCommittee's advice – consider the Committee's advice given\nunder section 133.\n(3) If the CHO decides to vary the conditions of the authority, the CHO\nmust immediately give the holder an information notice for the\n\nDivision 3 Variation of conditions of authority on application by holder\nMedicines, Poisons and Therapeutic Goods Act 2012 90\nDivision 3 Variation of conditions of authority on application\nby holder\n158 Application\n(1) The holder of an authority may apply to the CHO for the variation of\nthe conditions of the authority.\n(2) The application must be:\n(a) in the approved form; and\n(b) accompanied by sufficient documents and information to\nenable the CHO to decide the application, including the\ndocuments and information stated in the approved form.\n","sortOrder":163},{"sectionNumber":"159","sectionType":"section","heading":"CHO may require further information","content":"159 CHO may require further information\nThe CHO may, by written notice, require the applicant to give the\nCHO further documents or information, within the reasonable period\nstated in the notice, for considering and deciding the application.\n","sortOrder":164},{"sectionNumber":"160","sectionType":"section","heading":"Considering and deciding application","content":"160 Considering and deciding application\n(1) The CHO must consider the application and either vary, or refuse to\nvary, the conditions of the authority.\n(2) The CHO must refuse to vary the conditions of the authority unless\nsatisfied the authority could be issued under Part 3.3 subject to the\nvaried conditions.\n","sortOrder":165},{"sectionNumber":"161","sectionType":"section","heading":"Notice of decision on application","content":"161 Notice of decision on application\n(1) If the CHO decides to vary the conditions of the authority, the CHO\nmust immediately give its holder notice of the decision.\n(2) If the CHO refuses to vary the conditions of the authority, the CHO\nmust immediately give its holder an information notice for the\n","sortOrder":166},{"sectionNumber":"162","sectionType":"section","heading":"Failure to decide application","content":"162 Failure to decide application\nThe CHO is taken to have refused to vary the conditions of the\nauthority if the CHO does not decide the application within 30 days\nafter:\n(a) the application is made; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 91\n(b) if the CHO gives the applicant notice to give the CHO further\ndocuments or information – the end of the period stated in the\nnotice for giving the document or information.\n","sortOrder":167},{"sectionNumber":"163","sectionType":"section","heading":"Application of Division","content":"163 Application of Division\nThis Division applies if the holder of an authority receives:\n(a) an information notice for the variation of conditions of the\nauthority under section 157(3); or\n(b) a notice for the variation of conditions of the authority under\nsection 161(1).\n","sortOrder":168},{"sectionNumber":"164","sectionType":"section","heading":"When variation of conditions takes effect","content":"164 When variation of conditions takes effect\n(1) The variation of conditions of the authority takes effect on:\n(a) the day the notice is given to the holder of the authority; or\n(b) the later day of effect stated in the notice.\n(2) In addition, the variation of conditions does not depend on the\nauthority being amended to record the variation or a replacement\nauthority being issued.\n","sortOrder":169},{"sectionNumber":"165","sectionType":"section","heading":"Recording variation of conditions","content":"165 Recording variation of conditions\n(1) The holder of the authority must return the authority to the CHO\nwithin 14 days after receiving the notice unless the holder has a\nreasonable excuse.\n(4) On receiving the authority, the CHO must:\n(a) amend the authority to give effect to the variation and return\nthe authority to the holder; or\n(b) if the CHO is satisfied it is not practicable to amend the\nauthority – issue a replacement authority incorporating the\nvariation and send it to the holder.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 92\n","sortOrder":170},{"sectionNumber":"166","sectionType":"section","heading":"Grounds for suspending or cancelling authority","content":"166 Grounds for suspending or cancelling authority\nEach of the following is a ground for suspending or cancelling an\nauthority:\n(a) its holder, or an agent, contractor or employee of the holder,\nhas contravened a provision of this Act;\n(b) the authority was issued, renewed or transferred because of a\nmaterially false or misleading representation;\n(c) the CHO becomes aware of information that, if it had been\nknown by the CHO when the authority was issued, renewed or\ntransferred, the CHO would have refused to issue, renew or\ntransfer it;\n(d) if its holder is not a health practitioner – its holder is not, or is\nno longer, a suitable person to hold the authority;\n(e) for a certificate of registration – the nominated person for the\ncertificate is not, or is no longer, a suitable person.\n","sortOrder":171},{"sectionNumber":"167","sectionType":"section","heading":"Show cause notice","content":"167 Show cause notice\n(1) If the CHO reasonably believes a ground exists to suspend or\ncancel an authority, the CHO must give the holder of the authority\nwritten notice under this section (a show cause notice).\n(2) The show cause notice must state the following:\n(a) the action (the proposed action) the CHO proposes taking\nunder this Part;\n(b) the grounds for the proposed action;\n(c) an outline of the facts and circumstances forming the basis for\nthe grounds;\n(d) if the proposed action is suspension of the authority – the\nproposed suspension period;\n(e) an invitation to the holder to make representations within a\nperiod stated in the notice (being at least 7 days after the date\nof the notice) to show cause why the proposed action should\nnot be taken.\n(3) The holder of the authority may make written representations about\nthe show cause notice to the CHO in the period stated in the notice.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 93\n(4) The CHO must consider all written representations made under\nsubsection (3) (the accepted representations).\n(5) If the proposed action relates to a Schedule 8 authorisation, the\nCHO must give the Committee all information relevant to the\nproposed action, including any accepted representations, for its\nadvice.\n","sortOrder":172},{"sectionNumber":"168","sectionType":"section","heading":"Ending show cause process without further action","content":"168 Ending show cause process without further action\nIf, after considering the accepted representations for the show\ncause notice and, if the proposed action relates to a Schedule 8\nauthorisation, the Committee's advice, the CHO no longer believes\na ground exists to suspend or cancel the authority, the CHO:\n(a) must not take any further action about the show cause notice;\nand\n(b) must give written notice to the holder of the authority that no\nfurther action is to be taken about the show cause notice.\n","sortOrder":173},{"sectionNumber":"169","sectionType":"section","heading":"Suspension or cancellation","content":"169 Suspension or cancellation\n(a) after considering the accepted representations for the show\ncause notice and, if the proposed action relates to a\nSchedule 8 authorisation, the Committee's advice, the CHO:\n(i) still believes a ground exists to suspend or cancel the\nauthority; and\n(ii) believes suspension or cancellation of the authority is\nwarranted; or\n(b) there are no accepted representations for the show cause\n(2) The CHO may:\n(a) if the proposed action stated in the show cause notice was to\nsuspend the authority for a stated period – suspend the\nauthority for not longer than the stated period; or\n(b) if the proposed action stated in the show cause notice was to\ncancel the authority – either cancel the authority or suspend it\nfor a stated period.\n(3) The CHO must immediately give an information notice for the\ndecision to the holder of the authority.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 94\n(4) The decision takes effect on:\n(a) the day the information notice is given to the holder; or\n(b) if a later day of effect is stated in the notice – the later day.\n","sortOrder":174},{"sectionNumber":"170","sectionType":"section","heading":"Return of cancelled authority to CHO","content":"170 Return of cancelled authority to CHO\n(1) If the CHO has cancelled an authority and given an information\nnotice for the decision to the holder of the authority, the holder must\nreturn the authority to the CHO within 14 days after receiving the\n","sortOrder":175},{"sectionNumber":"171","sectionType":"section","heading":"Immediate suspension of authority pending formal","content":"171 Immediate suspension of authority pending formal\ncancellation procedure\n(1) This section applies if the CHO is satisfied:\n(a) a ground exists to cancel an authority; and\n(b) it is necessary, to protect public health and safety, to\nimmediately suspend the authority until the cancellation\nprocedure under sections 167 to 169 is completed.\n(2) The CHO must immediately suspend the authority.\n(3) The CHO must immediately give an information notice for the\ndecision to the holder of the authority.\n(4) The suspension takes effect immediately after the information\nnotice for the decision is given to the holder.\n(5) If, within 14 days after the CHO suspends the authority, the CHO\ngives the holder a show cause notice, the suspension lasts until the\nfirst of the following occurs:\n(a) the CHO cancels the suspension;\n(b) a decision to cancel the authority takes effect;\n(c) a decision is made not to cancel the authority.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 95\n(6) If a show cause notice is not given to the holder within the 14-day\nperiod mentioned in subsection (5), the suspension lapses at the\nend of the period unless the CHO has already cancelled the\nsuspension.\n","sortOrder":176},{"sectionNumber":"172","sectionType":"section","heading":"Medical examination for some authorities","content":"172 Medical examination for some authorities\n(1) This section applies to the following persons:\n(a) an applicant for a Schedule 7 authorisation or pest\nmanagement technician licence;\n(b) the holder of:\n(i) a Schedule 7 authorisation; or\n(ii) a pest management technician licence;\n(c) an employee of a person mentioned in paragraph (b).\n(2) The CHO may, by written notice given to the person, require the\nperson, within the reasonable time stated in the notice, to:\n(a) undergo a medical examination; and\n(b) give the CHO the results of the examination.\n(3) The person must comply with the notice.\n(4) If the CHO is satisfied the results of the medical examination\nindicate the use or continued use of Schedule 7 substances or\npesticides by the person is a threat to the person's health, the CHO\nmay:\n(a) for a person mentioned in subsection (1)(a) – under\nsection 134(4), refuse to issue the authority; or\n(b) for a person mentioned in subsection (1)(b)(i):\n(i) under Part 3.5, vary the conditions of the person's\nauthority; or\n(ii) under Part 3.6, suspend for a stated period or cancel,\nthe person's authority; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 96\n(c) for a person mentioned in subsection (1)(b)(ii):\n(i) under Part 3.3, refuse to renew the person's authority; or\n(ii) under Part 3.5, vary the conditions of the person's\nauthority; or\n(iii) under Part 3.6, suspend for a stated period or cancel,\nthe person's authority; or\n(d) for an employee mentioned in subsection (1)(c) – by written\nnotice given to the employee's employer, order the employer\nto cease employing the employee in any capacity involving the\nhandling of, or exposure to, the Schedule 7 substances or\npesticides stated in the order.\n(5) The CHO must give the employer and employee an information\nnotice for the decision to give the notice under subsection (4)(d).\n(6) The employer must comply with the notice.\n(7) An offence against subsection (3) or (6) is an offence of strict\n(8) It is a defence to a prosecution for an offence against\nsubsection (3) or (6) if the defendant establishes a reasonable\n","sortOrder":177},{"sectionNumber":"173","sectionType":"section","heading":"Authority holder to give notice of change of particulars","content":"173 Authority holder to give notice of change of particulars\n(1) The holder of an authority commits an offence if:\n(a) there is a change in a particular contained in the authority; and\n(b) the particular is prescribed by regulation; and\n(c) the holder does not give written notice to the CHO about the\nchange within 14 days after the change.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 97\n","sortOrder":178},{"sectionNumber":"174","sectionType":"section","heading":"Replacement of authority","content":"174 Replacement of authority\n(1) The CHO may issue a replacement authority to the holder of an\nauthority if satisfied the original authority has been lost, stolen or\ndestroyed.\n(2) For subsection (1), the CHO may require the holder or, if the\nauthority is a certificate of registration, the nominated person for the\nauthority, to give the CHO a statutory declaration stating the original\nauthority has been lost, stolen or destroyed.\n","sortOrder":179},{"sectionNumber":"175","sectionType":"section","heading":"Surrender of authority","content":"175 Surrender of authority\n(1) The holder of an authority may surrender the authority by written\nnotice given to the CHO.\n(2) The surrender takes effect on:\n(a) the day the notice is given to the CHO; or\n(b) if a later day of effect is stated in the notice – the later day.\n(3) The person who held the authority must return it to the CHO within\n14 days after the day the surrender takes effect.\n(4) An offence against subsection (3) is an offence of strict liability.\n","sortOrder":180},{"sectionNumber":"176","sectionType":"section","heading":"Display of certificate of registration","content":"176 Display of certificate of registration\n(1) The holder of a certificate of registration must display the certificate\nin a prominent place at the registered place.\n(2) A retailer licensee must display the licence in a prominent place at\nthe licensed place.\n(3) An offence against subsection (1) or (2) is an offence of strict\nsubsection (1) or (2) if the defendant establishes a reasonable\n\nMedicines, Poisons and Therapeutic Goods Act 2012 98\n(5) In addition, if the holder of the certificate of registration or licence\ngives it to the CHO when required by the CHO, the holder does not\ncommit an offence against subsection (1) or (2) while the holder\ndoes not have the authority.\n","sortOrder":181},{"sectionNumber":"177","sectionType":"section","heading":"Authority not personal property","content":"177 Authority not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), an authority is not personal property for that Act.\nNote for section 177\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 99\n","sortOrder":182},{"sectionNumber":"Part 4","sectionType":"part","heading":"1 Interpretation","content":"Part 4.1 Interpretation\n","sortOrder":183},{"sectionNumber":"178","sectionType":"section","heading":"Definitions","content":"178 Definitions\nIn this Chapter:\nat, in relation to a place, includes on and in the place.\nconnected, see section 179.\nenter, a place, includes re-enter and board the place.\noccupier, of a place, includes a person who reasonably appears to\nbe an occupier of the place.\n","sortOrder":184},{"sectionNumber":"179","sectionType":"section","heading":"When thing is connected with offence","content":"179 When thing is connected with offence\nFor this Chapter, a thing is connected with an offence if:\n(a) the offence has been committed in relation to the thing; or\n(b) the thing will afford evidence of the commission of the offence;\nor\n(c) the thing was used, is being used or is intended to be used,\nfor the purpose of committing the offence.\n","sortOrder":185},{"sectionNumber":"180","sectionType":"section","heading":"Entry of place – general","content":"180 Entry of place – general\n(1) For the administration or enforcement of this Act, an authorised\nofficer may enter:\n(a) a place (other than a dwelling) at any reasonable time; or\n(b) any place at any time:\n(i) with the consent of the occupier of the place; or\n(ii) under a search warrant issued under this Part for the\nplace.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 100\n(2) An authorised officer (other than a police officer in uniform) who\nenters a place under subsection (1) must not remain at the place if,\nwhen asked by the occupier of the place, the officer does not\nproduce for the occupier's inspection:\n","sortOrder":186},{"sectionNumber":"181","sectionType":"section","heading":"Consent to entry","content":"181 Consent to entry\n(1) An authorised officer (other than a police officer in uniform) seeking\nthe consent of an occupier of a place to enter the place must\nproduce to the occupier for inspection:\n(2) In addition, an authorised officer seeking the consent of an occupier\nof a place to enter the place must:\n(a) give the occupier the reasons why entry is sought; and\n(b) inform the occupier that the occupier may refuse to give\nconsent.\n(3) If:\n(a) it is material in proceedings for a court to be satisfied the\noccupier consented to entry under this Part; and\n(b) written consent of the occupier is not produced in evidence;\nthe court may presume, in the absence of evidence to the contrary,\nthe occupier did not give consent.\n","sortOrder":187},{"sectionNumber":"182","sectionType":"section","heading":"Entry of place – search warrant","content":"182 Entry of place – search warrant\n(1) An authorised officer may apply to a justice of the peace, by\ninformation on oath, for a search warrant for a place if the officer\nreasonably believes an offence against this Act is about to be, is\nbeing or has been committed at the place.\n(2) The justice of the peace may issue a search warrant only if satisfied\nabout the matters set out in the information.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 101\n(3) The warrant authorises the officer named in the warrant, and any\nother person helping the officer, to enter the place and to exercise\nan authorised officer's powers under this Part.\n(4) The warrant must state:\n(a) the purpose for which it is issued; and\n(b) the nature of the offence or contravention for which the entry\nis authorised; and\n(c) the hours during which entry to the place is authorised or state\nthat the entry is authorised at any time of the day or night; and\n(d) the date, within 30 days after the warrant's issue, the warrant\nceases to have effect.\n(5) The authorised officer executing the warrant must, if asked by the\noccupier of the place or another person at the place, produce the\nwarrant for the person's inspection.\n","sortOrder":188},{"sectionNumber":"183","sectionType":"section","heading":"Entry to Aboriginal land","content":"183 Entry to Aboriginal land\n(1) An authorised officer's powers in relation to a place under this Part\ninclude powers in relation to Aboriginal land even though the officer\ndoes not hold a permit to enter Aboriginal land under the Aboriginal\nLand Act 1978.\nAboriginal land, see section 3(1) of the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth).\n","sortOrder":189},{"sectionNumber":"184","sectionType":"section","heading":"Additional powers for entry of aircraft, vehicle or vessel","content":"184 Additional powers for entry of aircraft, vehicle or vessel\n(1) This section applies if an authorised officer has reasonable grounds\nfor suspecting:\n(a) an aircraft, vehicle or vessel is being, has been or is likely to\nbe, used in the commission of an offence against this Act; or\n(b) an aircraft, vehicle or vessel, or a thing in or on an aircraft,\nvehicle or vessel, may provide evidence of the commission of\nan offence against this Act.\n(2) For entering the aircraft, vehicle or vessel under this Part, the\nauthorised officer may require the person in control of the aircraft,\nvehicle or vessel:\n(a) to stop, move or not to move it; or\n\nPart 4.3 Powers of authorised officers on entry of places\nMedicines, Poisons and Therapeutic Goods Act 2012 102\n(b) to bring it to a stated place and remain in control of it until the\nofficer permits it to depart; or\n(c) to give the officer reasonable help.\n(3) A person commits an offence if the person engages in conduct that\nresults in a contravention of the authorised officer's requirement.\nPart 4.3 Powers of authorised officers on entry of\n","sortOrder":190},{"sectionNumber":"185","sectionType":"section","heading":"Powers on entry of place","content":"185 Powers on entry of place\n(1) An authorised officer who enters a place under Part 4.2 may do any\nof the following:\n(a) inspect or examine the place or anything found at the place;\n(b) break open and search fixtures and fittings, furniture and\nfurnishings or boxes, packages and other containers found at\nthe place;\n(c) take measurements of, or conduct tests in relation to, the\nplace or anything found at the place;\n(d) take photographs, films or audio, video or other recordings of\nthe place or anything found at the place;\n(e) take and remove from the place samples for analysis of\nanything found at the place;\n(f) take copies of, or extracts from, documents found at the place;\n(g) require a person at the place to:\n(i) answer questions or provide information; or\n(ii) make available documents kept at the place; or\n(iii) give the officer reasonable help to exercise powers\nunder this section;\n(h) subject to section 186:\n(i) seize anything found at the place; or\n\nPart 4.3 Powers of authorised officers on entry of places\nMedicines, Poisons and Therapeutic Goods Act 2012 103\n(ii) if the place is an aircraft, vehicle or vessel – seize it.\n(2) After taking a sample under subsection (1)(e) or seizing a thing\nunder subsection (1)(h), the authorised officer must give a receipt\nfor the sample or thing to:\n(a) the occupier of the place; or\n(b) the person whom the authorised officer reasonably believes\nhad possession or control of the sample or thing immediately\nbefore it was taken or seized.\n(3) A requirement under subsection (1)(g) must be given by written\n(4) When making the requirement, the authorised officer must inform\nthe person it is an offence not to comply with the requirement\nunless the person establishes a reasonable excuse.\n(5) The person must comply with the requirement.\nsubsection (5) if the defendant establishes a reasonable excuse.\n(7) Without limiting subsection (6), it is a reasonable excuse for an\nindividual to fail to answer a question under subsection (1)(g)(i) if\ncomplying with the requirement might tend to incriminate the\nindividual.\n","sortOrder":191},{"sectionNumber":"186","sectionType":"section","heading":"Restriction on power of seizure","content":"186 Restriction on power of seizure\nAn authorised officer may seize a thing under section 185(1)(h) only\nif the officer reasonably believes the thing:\n(a) is connected with an offence against this Act and the seizure\nis necessary to prevent the thing from being:\n(i) concealed, lost, damaged or destroyed; or\n(ii) used to commit the offence; or\n(b) is connected with an offence against this Act and the seizure\nis necessary to conduct tests for adducing evidence for a\nprosecution for the offence.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 104\n","sortOrder":192},{"sectionNumber":"187","sectionType":"section","heading":"Authorised officer may use help and force in exercising","content":"187 Authorised officer may use help and force in exercising\npowers\nAn authorised officer may exercise a power under this Part with the\nhelp, and using the force, that is reasonable in the circumstances.\n","sortOrder":193},{"sectionNumber":"188","sectionType":"section","heading":"Application of Division","content":"188 Application of Division\nThis Division applies if, under Part 4.3, an authorised officer seizes\na thing (the seized thing).\n","sortOrder":194},{"sectionNumber":"189","sectionType":"section","heading":"Notice of seizure of thing","content":"189 Notice of seizure of thing\n(1) As soon as practicable after seizing the thing, the authorised officer\nmust give written notice of the seizure to the person from whom it is\nseized.\n(2) The notice must include the following details:\n(a) a description of the thing;\n(b) the reason for seizing the thing;\n(c) details of the right under section 192 to apply to the Local\nCourt for an order disallowing the seizure;\n(d) if the thing has been removed from the place where it was\nseized – the address of the place where the thing is held.\n","sortOrder":195},{"sectionNumber":"190","sectionType":"section","heading":"Retention of thing seized","content":"190 Retention of thing seized\n(1) An authorised officer may, until the start of a proceeding for an\noffence against this Act in relation to the seized thing and (if\nnecessary) during the proceeding:\n(a) keep the thing at the place where it was found; or\n(b) remove the thing to another place and keep it there in the\nofficer's possession or under the officer's control.\n(2) If the thing is kept under subsection (1)(a), an authorised officer:\n(a) must ensure the thing is identified in a way that indicates it has\nbeen seized under this Act; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 105\n(b) may physically segregate the thing.\nExamples for subsection (2)\n1 The seized thing could be placed in an appropriately labelled container.\n2 A barrier with appropriate signs could be placed around the seized thing.\n(3) A person commits an offence if the person:\n(a) interferes with or disposes of the seized thing; or\n(b) removes the seized thing from:\n(i) the place it was seized; or\n(ii) the place to which it was removed by an authorised\nofficer.\n(4) Subsection (3) does not apply if the person has the written consent\nof the CHO.\n","sortOrder":196},{"sectionNumber":"191","sectionType":"section","heading":"Return of seized thing","content":"191 Return of seized thing\nIf, before the seized thing is forfeited to the Territory under\nsection 197, the CHO becomes satisfied no offence relating to the\nthing has been committed against this Act, the CHO must, as soon\nas practicable, deliver the thing to the person who appears to the\nCHO to be entitled to it.\n","sortOrder":197},{"sectionNumber":"192","sectionType":"section","heading":"Application for order disallowing seizure","content":"192 Application for order disallowing seizure\nA person may apply to the Local Court for an order disallowing the\nseizure of a seized thing within 3 days after it is seized.\n","sortOrder":198},{"sectionNumber":"193","sectionType":"section","heading":"CHO is respondent to application","content":"193 CHO is respondent to application\nThe CHO is the respondent to the application.\nNote for section 193\nUnder the Local Court (Civil Jurisdiction) Rules 1998, the applicant must serve a\ncopy of the application on the CHO.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 106\n","sortOrder":199},{"sectionNumber":"194","sectionType":"section","heading":"Order disallowing seizure","content":"194 Order disallowing seizure\n(1) On hearing the application, the Local Court must make an order\ndisallowing the seizure of the seized thing if the Court is satisfied:\n(a) it is:\n(i) proved the applicant would be entitled to the thing if it\nhad not been seized; and\n(ii) not proved an offence relating to the thing has been\ncommitted against this Act; or\n(b) there are exceptional circumstances justifying the making of\nthe order.\n(2) Otherwise, the Court must dismiss the application.\n","sortOrder":200},{"sectionNumber":"195","sectionType":"section","heading":"Ancillary orders","content":"195 Ancillary orders\n(1) If the Local Court makes an order disallowing the seizure of the\nseized thing, the Court must also make one or both of the following\norders:\n(a) an order directing the CHO to deliver the seized thing to the\napplicant;\n(b) if the thing cannot for any reason be delivered or has, as a\nconsequence of being seized, depreciated in value – an order\ndirecting the CHO to pay to the applicant the amount of\ncompensation the Court considers just.\n(2) The Court may make the orders as to costs as it considers just.\n","sortOrder":201},{"sectionNumber":"196","sectionType":"section","heading":"Adjournment pending hearing of other proceeding","content":"196 Adjournment pending hearing of other proceeding\n(1) The Local Court may adjourn the hearing of the application if it\nappears to the Court the seized thing is required to be produced in\nevidence in a proceeding (which may be pending) in connection\nwith an offence against this Act or another law of the Territory.\n(2) The adjournment may be made on the application of the CHO or on\nthe Court's initiative.\n(3) The adjournment may be until the proceeding in connection with the\noffence is decided.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 107\n","sortOrder":202},{"sectionNumber":"197","sectionType":"section","heading":"When seized thing is forfeited","content":"197 When seized thing is forfeited\nA seized thing is forfeited to the Territory:\n(a) if it is not returned under section 191 and no application for an\norder disallowing its seizure is made under section 192 on the\nexpiry of the period within which an application may be made\nunder that section; or\n(b) if an application for an order disallowing its seizure under\nsection 192 is withdrawn or dismissed – on the date of the\nwithdrawal or dismissal.\n","sortOrder":203},{"sectionNumber":"198","sectionType":"section","heading":"Destruction or disposal of forfeited thing","content":"198 Destruction or disposal of forfeited thing\n(1) The CHO may destroy, sell or otherwise dispose of a thing forfeited\nto the Territory under section 197 (the forfeited thing).\n(2) A person who was, immediately before the forfeiture, the owner of\nthe forfeited thing is liable for the costs incurred for its destruction,\nsale or disposal (including any storage costs).\n(3) The costs are a debt due to the Territory by the owner.\n(4) In a proceeding for the recovery of the debt, a certificate signed by\nthe CHO stating the amount of the costs and the way in which they\nwere incurred is evidence of the matters stated.\n","sortOrder":204},{"sectionNumber":"199","sectionType":"section","heading":"Return of forfeited thing","content":"199 Return of forfeited thing\n(a) the CHO becomes satisfied no offence relating to the forfeited\nthing has been committed against this Act; and\n(b) the thing has not been destroyed or disposed of in a way that\nwould prevent its return.\n(2) The CHO must, as soon as practicable, deliver the thing to:\n(a) the person from whom it was seized; or\n(b) if the CHO is satisfied another person is entitled to it – the\nother person.\n(3) On the delivery of the thing to the person, any proprietary and other\ninterests in the thing that existed immediately before its forfeiture\nare restored.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 108\n","sortOrder":205},{"sectionNumber":"200","sectionType":"section","heading":"Compensation to be paid in certain circumstances","content":"200 Compensation to be paid in certain circumstances\n(1) A person may apply to the CHO for compensation for the forfeited\nthing.\n(2) The Territory is liable to pay just compensation to the applicant in\nrelation to the thing if:\n(a) no offence relating to the thing has been committed against\nthis Act; and\n(b) the thing:\n(i) cannot be returned; or\n(ii) has, as a consequence of being seized, depreciated in\nvalue; and\n(c) the CHO is satisfied the applicant would be entitled to the\nthing if it had not been forfeited.\n(3) The CHO must:\n(a) decide the amount of compensation to be paid; and\n(b) give written notice to the applicant of the decision.\n(4) The notice must include an information notice.\n","sortOrder":206},{"sectionNumber":"201","sectionType":"section","heading":"Compliance notice","content":"201 Compliance notice\n(1) The CHO may give a notice (a compliance notice) to a person if\nthe CHO reasonably believes:\n(a) the person is the occupier of a place where:\n(i) an activity is being carried out in contravention of, or\nlikely to be in contravention of, this Act; or\n(ii) an activity has been carried out in contravention of this\nAct and it is likely the contravention will be repeated; or\n(i) is carrying out an activity in contravention of, or likely to\nbe in contravention of, this Act; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 109\n(ii) has carried out an activity in contravention of this Act\nand it is likely the person will repeat the contravention.\n(2) The notice must state the following:\n(a) the reasons the CHO has given the notice;\n(b) the person must rectify the circumstances that gave rise to the\nnotice;\n(c) the period within which the person must comply with the\nnotice;\n(d) if the CHO considers it appropriate – the action recommended\n(but not required) to be taken.\n(3) The notice must include an information notice.\n","sortOrder":207},{"sectionNumber":"202","sectionType":"section","heading":"Contravention of compliance notice","content":"202 Contravention of compliance notice\n(a) a compliance notice is given to the person; and\n(b) the person engages in conduct that results in a contravention\nof the notice.\n(2) It is a defence to a prosecution for an offence against\n(3) To avoid doubt, a person does not commit an offence against\nsubsection (1) merely because the person does not take the action\nrecommended by the CHO.\n","sortOrder":208},{"sectionNumber":"203","sectionType":"section","heading":"Power to prohibit supply of incorrectly packed or labelled","content":"203 Power to prohibit supply of incorrectly packed or labelled\n(1) The CHO may, by written notice, order a person not to supply a\nScheduled substance that is not packed or labelled as required\nunder this Act.\n(2) The person must comply with the notice.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 110\n","sortOrder":209},{"sectionNumber":"204","sectionType":"section","heading":"Power to require name and address","content":"204 Power to require name and address\n(1) This section applies if an authorised officer:\n(a) finds a person committing an offence against this Act; or\n(b) finds a person in circumstances that lead the officer to\nreasonably suspect the person has just committed an offence\nagainst this Act; or\n(c) has information that leads the officer to reasonably suspect a\nperson has just committed an offence against this Act.\n(2) The authorised officer may require the person to state the person's\nname and address.\n(3) When making the requirement, the authorised officer must inform\nthe person it is an offence to contravene the requirement unless the\nperson establishes a reasonable excuse.\n(4) The authorised officer may require the person to give evidence of\nthe correctness of the person's name or address if the officer\nreasonably suspects the name or address given is false.\n(5) A person must comply with a requirement made under this section\nby an authorised officer.\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) It is a defence to a prosecution for an offence against\nsubsection (5) if the defendant establishes a reasonable excuse.\n","sortOrder":210},{"sectionNumber":"205","sectionType":"section","heading":"Power to require information from persons","content":"205 Power to require information from persons\n(1) This section applies if an authorised officer reasonably suspects:\n(a) an offence against this Act has been committed; and\n(b) a person may be able to give information about the offence.\n(2) The authorised officer may require the person to give information\nabout the suspected offence.\n(3) When making the requirement, the authorised officer must inform\nthe person it is an offence to fail to give the information unless the\nperson establishes a reasonable excuse.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 111\n(4) The person must comply with the requirement.\n(5) An offence against subsection (4) is an offence of strict liability.\nsubsection (4) if the defendant establishes a reasonable excuse.\n","sortOrder":211},{"sectionNumber":"206","sectionType":"section","heading":"Requirement to give documents or information","content":"206 Requirement to give documents or information\n(1) This section applies if a person has given a notice or other\ndocument under this Act about the person's dealing with a\nScheduled substance.\n(2) The CHO may, by written notice, require the person to give the\nCHO further documents or information relating to the dealing\n(whether described generally or specifically) within the reasonable\nperiod stated in the notice.\n(3) The person must comply with the notice.\n(4) An offence against subsection (3) is an offence of strict liability.\n","sortOrder":212},{"sectionNumber":"207","sectionType":"section","heading":"Offence to disclose certain information","content":"207 Offence to disclose certain information\n(i) obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; or\n(ii) is given substance information under an authorisation\nunder section 257(1); and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 112\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal or disciplinary proceeding arising\nout of the operation of this Act; or\n(ii) to a person who is otherwise entitled to the information;\nor\n(iii) to a person authorised under section 251(1) to be given\nthe information; or\n(iv) to a person exercising a power or performing a function\nunder a corresponding law; or\n(v) to a health profession body; or\n(vi) to a law enforcement agency; or\n(vii) in accordance with Chapter 7, Part 7.1AA; and\n(e) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (d).\n(2) Strict liability applies to subsection (1)(a).\n(3) If the information referred to in subsection (1) relates to a particular\nperson (the patient), it is a defence to a prosecution for an offence\nagainst that subsection if the information is disclosed:\n(a) with the patient's consent; or\n(b) to a health service provider for providing a health service to\nthe patient.\nhealth profession body means a National Health Practitioner\nBoard established under the Health Practitioner Regulation National\nLaw.\nhealth service provider, see section 5 of the Health Practitioner\n\nMedicines, Poisons and Therapeutic Goods Act 2012 113\nlaw enforcement agency, see section 4 of the Information\nAct 2002.\nNote for section 207\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n","sortOrder":213},{"sectionNumber":"208","sectionType":"section","heading":"Misleading information","content":"208 Misleading information\n(a) the person gives information to another person; and\n(b) the other person is an authorised officer; and\n(c) the person knows the information is misleading; and\n(d) the person knows the authorised officer is acting in an\nauthorised officer capacity.\n(a) the person gives a document to another person; and\n(b) the other person is an authorised officer; and\n(c) the person knows the document contains misleading\ninformation; and\n(d) the person knows the authorised officer is acting in an\nauthorised officer capacity.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\nauthorised officer's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe authorised officer the information necessary to remedy the\nmisleading aspect of the document.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 114\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":214},{"sectionNumber":"209","sectionType":"section","heading":"Obstruction of authorised officer or assistant","content":"209 Obstruction of authorised officer or assistant\n(a) obstructs an authorised officer, or person assisting an\nauthorised officer, acting in an official capacity; and\n(b) knows the authorised officer is, or person is assisting, an\nauthorised officer acting in an official capacity.\n(2) It is a defence to a prosecution for an offence against\nobstruct includes resist and hinder.\n","sortOrder":215},{"sectionNumber":"210","sectionType":"section","heading":"Falsely representing to be authorised officer","content":"210 Falsely representing to be authorised officer\n(a) the person represents, by words or conduct, that the person or\nanother person is an authorised officer; and\n(b) the person or other person is not an authorised officer; and\n(c) the person makes the representation with an intention to\ndeceive.\n(2) Strict liability applies to subsection (1)(b).\n","sortOrder":216},{"sectionNumber":"211","sectionType":"section","heading":"Bribery of authorised officer","content":"211 Bribery of authorised officer\nA person commits an offence if the person:\n(a) knows an authorised officer is acting in an official capacity;\nand\n\nMedicines, Poisons and Therapeutic Goods Act 2012 115\n(b) gives, offers or promises a bribe to the authorised officer with\nthe intention of influencing the authorised officer.\n","sortOrder":217},{"sectionNumber":"212","sectionType":"section","heading":"Definitions","content":"212 Definitions\ndeclared provision means any of the following provisions:\n(a) a provision of this Act mentioned in Schedule 1;\n(b) a provision of the Regulations prescribed by regulation.\nrepresentative, of a person, means an employee or agent of the\nperson.\n","sortOrder":218},{"sectionNumber":"213","sectionType":"section","heading":"Liability of representative","content":"213 Liability of representative\n(1) It is not a defence to a prosecution for an offence against a\ndeclared provision that the defendant was, at the time of the\ncommission of the offence, another person's representative.\n(2) However, it is a defence if the defendant proves the defendant was,\nat the time of the commission of the offence:\n(a) another person's representative; and\n(b) acting as the other person's representative under the direct or\nindirect supervision of the other person.\n","sortOrder":219},{"sectionNumber":"214","sectionType":"section","heading":"Conduct of representative","content":"214 Conduct of representative\n(1) This section applies to a prosecution for an offence against a\ndeclared provision.\nThis section deals with prosecutions of individuals. Part IIAA, Division 5, of the\nCriminal Code contains provisions about corporate criminal responsibility.\n(2) Conduct engaged in by a representative of a person within the\nscope of the representative's actual or apparent authority is taken to\nhave been also engaged in by the person.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 116\n(3) However, subsection (2) does not apply if the person proves the\nperson took reasonable steps to prevent the conduct.\n(4) In deciding whether the person took reasonable steps to prevent\nthe conduct, a court must consider:\n(a) any action the person took to ensure the representative had a\nreasonable knowledge and understanding of the requirement\nto comply with the contravened provision; and\n(b) the level of management, control or supervision that was\nappropriate for the person to exercise over the representative.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) If it is relevant to prove a person had a fault element in relation to a\nphysical element of an offence, it is enough to show:\n(a) the conduct relevant to the physical element was engaged in\nby a representative of the person within the scope of the\nrepresentative's actual or apparent authority; and\n(b) the representative had the fault element in relation to the\nphysical element.\n(7) A person may rely on section 43AX of the Criminal Code in relation\nto conduct by a representative that would be an offence by the\nperson only if:\n(a) the representative was under a mistaken but reasonable belief\nabout the facts that, had they existed, would have meant that\nthe conduct would not have constituted an offence; and\n(b) the person proves the person exercised due diligence to\nprevent the conduct.\nNote for subsection (7)\nSection 43AX of the Criminal Code provides a person is not criminally\nresponsible if the person engaged in conduct under a mistake of fact in relation to\nan offence of strict liability.\n(8) A person (the defendant) may not rely on section 43BA of the\nCriminal Code in relation to a physical element of an offence\nbrought about by another person if the other person is a\nrepresentative of the defendant.\nNote for subsection (8)\nSection 43BA of the Criminal Code provides a person is not criminally\nresponsible in circumstances of an intervening conduct or event.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 117\n(9) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (2) or (6).\n(10) In this section:\nfault element includes intention, knowledge, recklessness, opinion,\nbelief and purpose, but does not include negligence.\nperson means an individual.\n","sortOrder":220},{"sectionNumber":"215","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"215 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared EO liability provision (a relevant offence) and the\nofficer was reckless about whether the contravention would\nhappen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer recklessly failed to take reasonable steps to prevent\nthe contravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(1A) Strict liability applies to subsection (1)(b).\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared EO liability provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n\nMedicines, Poisons and Therapeutic Goods Act 2012 118\n(iii) the body corporate's representatives and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared EO liability\nprovision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or found guiltyof, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\ndeclared EO liability provision means:\n(a) section 37, 39, 40, 41, 42, 43(1) or (2), 44(2), 46, 47, 49, 50,\n51, 52(1), 53, 54(1), 110(1), (2) or (3), 111(1), (2) or (3), 112,\n113(1) or (2) or 115(4); or\n(b) a provision of the Regulations prescribed by regulation.\n","sortOrder":221},{"sectionNumber":"216","sectionType":"section","heading":"Self-incrimination","content":"216 Self-incrimination\n(1) A person required to answer a question, give information or\nproduce a document under this Act is not excused from doing so on\nthe ground that the answer, information or document might tend to\nincriminate the person or make the person liable to a penalty.\n(2) However, the answer, information or document is not admissible in\nevidence against the person in a civil or criminal proceeding except\na proceeding for an offence in which the falsity or misleading nature\nof the answer, information or document is relevant.\n","sortOrder":222},{"sectionNumber":"217","sectionType":"section","heading":"Judicial notice","content":"217 Judicial notice\nIn any proceeding, a signature purporting to be the signature of the\nCHO is evidence of the signature it purports to be.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 119\n","sortOrder":223},{"sectionNumber":"218","sectionType":"section","heading":"Time for starting offence proceeding","content":"218 Time for starting offence proceeding\nA prosecution for an offence against this Act must be started within\n2 years after the offence is alleged to have been committed.\n","sortOrder":224},{"sectionNumber":"219","sectionType":"section","heading":"Evidentiary certificate","content":"219 Evidentiary certificate\n(1) In a proceeding for an offence against this Act, a certificate signed\nby the CHO stating any of the following matters is evidence of the\nmatter:\n(a) a person was or was not the holder of an authority;\n(b) a document is a copy of an authority or notice issued or given\nunder this Act;\n(c) an authority was or was not in force in relation to a place;\n(d) an authority authorised or did not authorise the dealing with a\nScheduled substance;\n(e) an authority was or was not subject to conditions;\n(f) an authority was suspended or cancelled;\n(g) a substance was or was not a Scheduled substance;\n(h) a person was the CHO or an authorised officer;\n(i) a person was given a notice under this Act.\n(j) another thing prescribed by regulation.\n(2) In subsection (1), a reference to a person, place or thing is a\nreference to a person, place or thing stated in the certificate.\n(3) The certificate may state anything by reference to a date or period.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 120\n","sortOrder":225},{"sectionNumber":"220","sectionType":"section","heading":"Meaning of original decision and affected person","content":"220 Meaning of original decision and affected person\n(1) An original decision is a decision mentioned in Schedule 2.\n(2) The affected person, for an original decision, is the person\nmentioned in Schedule 2 for the decision.\n","sortOrder":226},{"sectionNumber":"221","sectionType":"section","heading":"Request for reconsideration of original decision","content":"221 Request for reconsideration of original decision\n(1) The affected person for an original decision may request a\nreconsideration of the decision.\n(2) The request must be made within 28 days after:\n(a) the affected person receives an information notice for the\ndecision; or\n(b) otherwise – the affected person becomes aware of the\n(3) The request must:\n(a) be in writing; and\n(b) state the grounds on which it is made and the facts relied on\nto establish the grounds.\n","sortOrder":227},{"sectionNumber":"222","sectionType":"section","heading":"Operation and implementation of original decision","content":"222 Operation and implementation of original decision\n(1) The request for the reconsideration of the original decision does not\naffect the operation or implementation of the decision.\n(2) Also, the validity of the original decision is not affected by a failure\nto give an information notice to an affected person for the decision.\n","sortOrder":228},{"sectionNumber":"223","sectionType":"section","heading":"Reconsideration of decision","content":"223 Reconsideration of decision\n(1) Within 28 days after the request is made, the CHO must:\n(a) reconsider the decision; and\n(b) give the affected person a written notice (a review notice)\nabout the CHO's decision (the reconsidered decision).\n(2) The review notice must state the following:\n(a) the reconsidered decision and the reasons for it;\n\nMedicines, Poisons and Therapeutic Goods Act 2012 121\n(b) that the affected person may apply to the Local Court for a\nreview of the merits of the reconsidered decision;\n(c) the period allowed for applying for a review of the\nreconsidered decision;\n(d) how to apply for a review.\n(3) The validity of the reconsidered decision is not affected by a failure\nto give a review notice to the affected person for the decision.\n","sortOrder":229},{"sectionNumber":"224","sectionType":"section","heading":"Application for review of reconsidered decision","content":"224 Application for review of reconsidered decision\n(1) The affected person for the original decision may apply to the Local\nCourt for a review of the merits of the reconsidered decision.\n(2) The application must be made within 28 days after:\n(a) the affected person receives a review notice about the\nreconsidered decision; or\n(b) otherwise – the affected person becomes aware of the\n(3) However, on application by the affected person, the Local Court\nmay at any time extend the period allowed for applying for a review\nof the reconsidered decision.\n","sortOrder":230},{"sectionNumber":"225","sectionType":"section","heading":"Operation and implementation of reconsidered decision","content":"225 Operation and implementation of reconsidered decision\n(1) The application for the review of the reconsidered decision does not\naffect the operation or implementation of the decision.\n(2) However, the Local Court may make an order staying or otherwise\nvarying the operation or implementation of so much of the\nreconsidered decision as the Court considers appropriate.\n(3) The order is subject to the conditions stated in it.\n(4) The order has effect for the period stated in it or, if no period is\nstated, until the Local Court decides the application.\n","sortOrder":231},{"sectionNumber":"226","sectionType":"section","heading":"Review procedure","content":"226 Review procedure\n(1) In hearing the application, the Local Court must review afresh the\nmerits of the reconsidered decision.\n(2) In doing so, the Local Court is not bound by anything done by the\nCHO in making the reconsidered decision.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 122\n(3) Without limiting subsection (2), the Local Court may:\n(a) consider evidence that was not considered by the CHO; and\n(b) disregard evidence that was considered by the CHO.\n","sortOrder":232},{"sectionNumber":"227","sectionType":"section","heading":"Decision on review","content":"227 Decision on review\n(1) In deciding the application, the Local Court may:\n(a) confirm the reconsidered decision; or\n(b) vary the reconsidered decision; or\n(c) set aside the reconsidered decision and substitute its own\ndecision; or\n(d) set aside the reconsidered decision and refer the matter to\nwhich the application relates to the CHO for reconsideration.\n(2) In referring the matter to the CHO, the Local Court must give the\ndirections it considers appropriate for the reconsideration of the\nmatter.\n(3) The Local Court may make the incidental orders it considers\nappropriate to give effect to its decision.\n(4) A decision under subsection (1)(b) or (c) is taken for this Act (other\nthan this Part) to be the CHO's decision.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 123\n","sortOrder":233},{"sectionNumber":"Part 6","sectionType":"part","heading":"Therapeutic Goods Act applies as a law of the","content":"Chapter 6 Therapeutic Goods Act applies as a law of the\nTerritory\n","sortOrder":234},{"sectionNumber":"228","sectionType":"section","heading":"Definitions","content":"228 Definitions\nIn this Chapter:\napplied provisions means the Therapeutic Goods Act that applies\nas a law of the Territory because of section 230, including any\nmodification under section 231.\nCommonwealth administrative laws means the following Acts:\n(a) the Administrative Review Tribunal Act 2024 (Cth) (excluding\nPart 7);\n(b) the Freedom of Information Act 1982 (Cth);\n(c) the Ombudsman Act 1976 (Cth);\n(d) the Privacy Act 1988 (Cth).\nCommonwealth Minister means the minister responsible for\nadministering the Therapeutic Goods Act.\nCommonwealth official means:\n(a) the Commonwealth Secretary; or\n(b) an authorised person or any other officer mentioned in the\nTherapeutic Goods Act.\nCommonwealth Secretary, see section 3(1) of the Therapeutic\nGoods Act.\nmodifications includes additions, omissions and substitutions.\n","sortOrder":235},{"sectionNumber":"229","sectionType":"section","heading":"Words have meanings in Therapeutic Goods Act","content":"229 Words have meanings in Therapeutic Goods Act\n(1) A word defined in the Therapeutic Goods Act has the same\nmeaning in this Act.\n(2) Subsection (1) has effect subject to a contrary intention.\n\nPart 6.3 Functions and powers under applied provisions\nMedicines, Poisons and Therapeutic Goods Act 2012 124\nPart 6.2 Applied provisions\n230 Application of Therapeutic Goods Act as law of Territory\nThe Therapeutic Goods Act, as modified under this Act, applies as\na law of the Territory, and the Therapeutic Goods Act so applies as\nif it extended to:\n(a) things done or omitted to be done by persons who are not\ncorporations; and\n(b) things done or omitted to be done in the course of trade and\ncommerce within the limits of the Territory.\n","sortOrder":236},{"sectionNumber":"231","sectionType":"section","heading":"Modification of Therapeutic Goods Act","content":"231 Modification of Therapeutic Goods Act\n(1) A regulation may modify the Therapeutic Goods Act.\n(2) Without limiting subsection (1), a regulation may provide that the\nAct applies under section 230 as if an amendment of it made by a\nstated Commonwealth law had not taken effect.\n","sortOrder":237},{"sectionNumber":"232","sectionType":"section","heading":"Interpretation of applied provisions","content":"232 Interpretation of applied provisions\n(1) The Acts Interpretation Act 1901 (Cth) applies as a law of the\nTerritory in relation to the interpretation of the applied provisions.\n(2) That Act so applies as if the applied provisions were a\nCommonwealth Act or were regulations or other instruments under\na Commonwealth Act, as the case requires.\n(3) The Interpretation Act 1978 of the Territory does not apply to the\napplied provisions.\nPart 6.3 Functions and powers under applied\n","sortOrder":238},{"sectionNumber":"233","sectionType":"section","heading":"Functions and powers of Commonwealth Minister and officials","content":"233 Functions and powers of Commonwealth Minister and officials\nThe Commonwealth Minister and a Commonwealth official have the\nsame functions and powers under the applied provisions as they\nhave under the Therapeutic Goods Act as that Act applies to the\nCommonwealth.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 125\n","sortOrder":239},{"sectionNumber":"234","sectionType":"section","heading":"Delegations by Commonwealth Minister and Secretary","content":"234 Delegations by Commonwealth Minister and Secretary\nA delegation by the Commonwealth Minister or Commonwealth\nSecretary under the Therapeutic Goods Act is taken to extend to,\nand have effect for, the corresponding provision of the applied\nprovisions.\n","sortOrder":240},{"sectionNumber":"235","sectionType":"section","heading":"Appointments under Therapeutic Goods Act","content":"235 Appointments under Therapeutic Goods Act\nThe appointment of a person to an office or position under a\nprovision of the Therapeutic Goods Act is taken to extend to, and\nhave effect for, the applied provisions.\n","sortOrder":241},{"sectionNumber":"236","sectionType":"section","heading":"Application of Commonwealth administrative laws to applied","content":"236 Application of Commonwealth administrative laws to applied\n(1) The Commonwealth administrative laws apply as laws of the\nTerritory to any matter arising in relation to the applied provisions\nas if the provisions were a law of the Commonwealth and not a law\nof the Territory.\n(2) For a law of the Territory, a matter arising in relation to the applied\nprovisions:\n(a) is taken to be a matter arising in relation to laws of the\nCommonwealth in the same way as if the provisions were a\nlaw of the Commonwealth; and\n(b) is taken not to be a matter arising in relation to laws of the\nTerritory.\n(3) Subsection (2) has effect for a law of the Territory except as\nprovided by regulation.\n(4) A provision of a Commonwealth administrative law applying\nbecause of this section that purports to confer jurisdiction on a\nfederal court is taken not to have that effect.\n(5) For this section, a reference in a provision of the Administrative\nReview Tribunal Act 2024 (Cth) (as that provision applies as a law\nof this jurisdiction) to the whole or any part of Part 7 of that Act is\ntaken to be a reference to the whole or any part of that Part as it\nhas effect as a law of the Commonwealth.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 126\n","sortOrder":242},{"sectionNumber":"237","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers","content":"237 Functions and powers conferred on Commonwealth officers\nand authorities\n(1) A Commonwealth administrative law applying because of\nsection 236 that confers on a Commonwealth officer or\nCommonwealth authority a function or power also confers on the\nofficer or authority the same function or power in relation to a matter\narising in relation to the applied provisions.\n(2) In performing a function or exercising a power conferred by this\nsection, the Commonwealth officer or Commonwealth authority\nmust act as nearly as practicable as the officer or authority would\nact in performing or exercising the same function or power under\nthe Commonwealth administrative law.\n","sortOrder":243},{"sectionNumber":"238","sectionType":"section","heading":"Object of Part","content":"238 Object of Part\n(1) The object of this Part is to further the object of this Act by providing\nfor an offence against the applied provisions to be treated as if it\nwere an offence against a Commonwealth law.\n(2) The purposes for which an offence is to be so treated include, for\nexample (but without limitation) the following:\n(a) the investigation and prosecution of offences;\n(b) the arrest, custody, bail, trial and conviction of offenders or\npersons charged with offences;\n(c) proceedings relating to a matter referred to in paragraph (a)\nor (b);\n(d) appeals and reviews relating to criminal proceedings and to\nproceedings of the kind referred to in paragraph (c);\n(e) the sentencing, punishment and release of persons convicted\nof offences;\n(f) fines, penalties and forfeitures;\n(g) liability to make reparation in connection with offences;\n(h) proceeds of crime;\n(i) spent convictions.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 127\n","sortOrder":244},{"sectionNumber":"239","sectionType":"section","heading":"Application of Commonwealth criminal laws to offences","content":"239 Application of Commonwealth criminal laws to offences\nagainst applied provisions\n(1) The relevant Commonwealth laws apply as laws of the Territory in\nrelation to an offence against the applied provisions as if the\nprovisions were a law of the Commonwealth and not a law of the\nTerritory.\n(2) For a law of the Territory, an offence against the applied provisions:\n(a) is taken to be an offence against the laws of the\nCommonwealth in the same way as if the provisions were a\nlaw of the Commonwealth; and\n(b) is taken not to be an offence against the laws of the Territory.\n(3) Subsection (2) has effect for a law of the Territory except as\nprovided by regulation.\n","sortOrder":245},{"sectionNumber":"240","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officials","content":"240 Functions and powers conferred on Commonwealth officials\nrelating to offences\n(1) A Commonwealth law applying because of section 239 that confers\non a Commonwealth official a function or power in relation to an\noffence against the Therapeutic Goods Act also confers on the\nofficial the same function or power in relation to an offence against\nthe corresponding provision of the applied provisions.\n(2) In performing a function or exercising a power conferred by this\nsection, the Commonwealth official must act as nearly as\npracticable as the official would act in performing or exercising the\nsame function or power in relation to an offence against the\ncorresponding provision of the Therapeutic Goods Act.\n","sortOrder":246},{"sectionNumber":"241","sectionType":"section","heading":"No double jeopardy for offences against applied provisions","content":"241 No double jeopardy for offences against applied provisions\nIf:\n(a) an act or omission is an offence against both the applied\nprovisions and the Therapeutic Goods Act; and\n(b) the offender has been punished for the offence under the\nTherapeutic Goods Act;\nthe offender is not liable to be punished for the offence under the\napplied provisions.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 128\n","sortOrder":247},{"sectionNumber":"242","sectionType":"section","heading":"Reference in Commonwealth law to provision of another law","content":"242 Reference in Commonwealth law to provision of another law\nFor sections 236 and 239, a reference in a Commonwealth law to a\nprovision of that or another Commonwealth law is taken to be a\nreference to the provision as applying because of the section.\n","sortOrder":248},{"sectionNumber":"243","sectionType":"section","heading":"Fees and other money","content":"243 Fees and other money\nA fee, penalty, fine and other money that, under this Chapter and\nthe applied provisions, are authorised or directed to be payable by\nor imposed on any person (other than an amount ordered to be\nrefunded to another person) must be paid to the Commonwealth.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 129\n","sortOrder":249},{"sectionNumber":"243A","sectionType":"section","heading":"Definitions","content":"243A Definitions\ncorresponding law means a law of the Commonwealth, a State or\nanother Territory that:\n(a) provides for the establishment of a database about monitored\nmedicines; or\n(b) is prescribed by regulation to be a corresponding law for this\nPart.\ndata source entity means a person or entity approved by the CHO\nunder section 243N.\nmonitored medicine means:\n(a) a Schedule 8 substance; or\n(b) any other Scheduled substance prescribed by regulation.\nmonitored medicines database, see section 243C(1).\nrecordable prescription, see section 243B(1) and (2).\nrecordable supply, see section 243B(3) and (4).\nrelevant prescriber means a dentist, doctor, endorsed midwife,\nnurse practitioner, podiatrist or another health practitioner\nprescribed by regulation.\n","sortOrder":250},{"sectionNumber":"243B","sectionType":"section","heading":"Meaning of recordable prescription and recordable supply","content":"243B Meaning of recordable prescription and recordable supply\n(1) A recordable prescription is a prescription for a monitored\nmedicine that:\n(a) is issued to a person in the Territory; or\n(b) is issued outside the Territory to a person who is ordinarily\nresident in the Territory; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 130\n(c) is issued outside the Territory to a person who has the\nprescription filled in the Territory; or\n(d) is issued in circumstances prescribed by regulation.\n(2) Despite subsection (1), a prescription for a monitored medicine that\nthe regulations prescribe to be exempt from a recordable\nprescription is not a recordable prescription.\n(3) A recordable supply is a supply of a monitored medicine for\nadministration to a person that:\n(a) occurs within the Territory; or\n(b) occurs outside the Territory if the supply is made to a person\nordinarily resident in the Territory; or\n(c) occurs outside the Territory if the supply is made on the basis\nof a prescription issued in the Territory; or\n(d) is supplied in circumstances prescribed by regulation.\n(4) Despite subsection (3), a supply of a monitored medicine that the\nregulations prescribe to be exempt from a recordable supply is not\na recordable supply.\nDivision 2 Establishment and maintenance of monitored\nmedicines database\n","sortOrder":251},{"sectionNumber":"243C","sectionType":"section","heading":"Monitored medicines database to be kept","content":"243C Monitored medicines database to be kept\n(1) The CHO may establish and keep a database containing\ninformation about monitored medicines (the monitored medicines\ndatabase) to be known by the name prescribed by regulation.\n(2) The purposes of the monitored medicines database are as follows:\n(a) to promote and protect public health and safety by ensuring\nthat information is available to monitor the supply and sale of\nmonitored medicines to a person;\n(b) to reduce harm from monitored medicines;\n(c) to facilitate evaluation and research into monitored medicines\nand the operation of the monitored medicines database.\n(3) The monitored medicines database must be kept electronically.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 131\n(4) The monitored medicines database may contain any of the\nfollowing:\n(a) records received from a relevant prescriber, pharmacist, data\nsource entity or another person or entity about recordable\nprescriptions or recordable supplies;\n(b) information relating to the issuing of authorities under the Act;\n(c) any other information prescribed by regulation.\n","sortOrder":252},{"sectionNumber":"243D","sectionType":"section","heading":"Powers and functions of CHO in relation to database","content":"243D Powers and functions of CHO in relation to database\n(1) The CHO may do any of the following in relation to the monitored\nmedicines database:\n(a) collect and hold the information specified in section 243C(4) in\nthe database;\n(b) access and use the database to:\n(i) correct an error or omission in the database; or\n(ii) change information held in the database to keep it\naccurate and up-to-date; or\n(iii) facilitate research into public health and the provision of\nhealth care; or\n(iv) administer, develop and operate the database;\n(c) disclose information held in the database:\n(i) to the person or entity responsible for keeping an\nequivalent database to the monitored medicines\ndatabase under a corresponding law in a State or\nanother Territory, if:\n(A) the State or other Territory has a regime for an\nequivalent database; and\n(B) the information only relates to monitored\nmedicines, as defined by the corresponding law in\nthe State or other Territory; and\n(C) the information relates to a recordable prescription\nor recordable supply; or\n(ii) for a purpose connected with the administration of this\nPart, including a legal or disciplinary proceeding arising\nout of the operation of this Part; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 132\n(iii) to a health profession body; or\n(iv) to a law enforcement agency.\n(2) The CHO may do any thing or exercise any power reasonably\nnecessary:\n(a) to implement, maintain and oversee the monitored medicines\ndatabase; or\n(b) to further the purposes of the database.\n(3) The CHO may, by written notice, authorise a person or entity to\nexercise any of the CHO's powers or perform any of the CHO's\nfunctions specified in subsection (1).\n(4) An authorisation given under subsection (3) may be subject to any\nhealth profession body means a National Health Practitioner\nBoard established under the Health Practitioner Regulation National\nLaw.\nhealth service provider, see section 5 of the Health Practitioner\nlaw enforcement agency, see section 4 of the Information\nAct 2002.\n","sortOrder":253},{"sectionNumber":"243E","sectionType":"section","heading":"Persons required to give information to CHO","content":"243E Persons required to give information to CHO\n(1) Subject to subsection (2), for the purposes of maintaining the\nmonitored medicines database:\n(a) a relevant prescriber must, as soon as practicable after\nissuing a recordable prescription, give the prescribed\ninformation to the CHO in the manner or form the CHO\nconsiders appropriate; and\n(b) a pharmacist must, as soon as practicable after making a\nrecordable supply, give the prescribed information to the CHO\nin the manner or form the CHO considers appropriate; and\n(c) a data source entity must, as soon as practicable after\nreceiving information from a relevant prescriber or pharmacist\nabout a recordable prescription or recordable supply, give the\nprescribed information to the CHO in the manner or form the\nCHO considers appropriate.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 133\n(2) In addition, the CHO may require:\n(a) the relevant prescriber or pharmacist give the prescribed\ninformation specified in subsection (1)(a) or (b) to a data\nsource entity; and\n(b) the data source entity give the prescribed information to the\nCHO in the manner or form the CHO considers appropriate.\n(3) The CHO may, by written notice, exempt a specified person from\nthe requirement to give information under subsection (1).\n(4) The CHO may, by written notice published on the Agency's website,\nexempt a specified class of persons from the requirement to give\ninformation under subsection (1).\n","sortOrder":254},{"sectionNumber":"243F","sectionType":"section","heading":"Access for relevant prescribers and pharmacists","content":"243F Access for relevant prescribers and pharmacists\n(1) The CHO may, on application, authorise a person who is a relevant\nprescriber or pharmacist to access, use and disclose information\nheld in the monitored medicines database for the following\npurposes in the performance of the person's duties as a relevant\nprescriber or pharmacist:\n(a) accessing records and information in relation to a person for\nwhom a monitored medicine is intended to be supplied,\nprescribed or administered;\n(b) accessing records and information in relation to a person in\nrelation to the medical treatment or care of that person;\n(c) disclosing information in relation to a person to a health\npractitioner if the relevant prescriber or pharmacist believes,\non reasonable grounds, the practitioner intends to supply,\nprescribe or administer a monitored medicine to the person;\n(d) any other purpose prescribed by regulation.\n(2) An application for authorisation must be made in the approved form\nby the person.\n(3) The CHO may request further information from the person making\nthe application.\n(4) The CHO must consider the application and decide whether to give\nthe authorisation.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 134\n(5) The CHO must give the person:\n(a) written notice of the CHO's decision; and\n(b) if the CHO refuses to give the authorisation – written notice of\nthe reasons for the refusal.\n(6) An authorisation given under this section may be subject to any\n(7) The CHO may revoke an authorisation given under this section at\nany time by giving the person written notice of the revocation and\nthe reasons for the revocation.\nNote for section 243F\nA relevant prescriber or pharmacist's access, use or disclosure of the information\nmay be subject to guidelines made under section 243Q.\n","sortOrder":255},{"sectionNumber":"243G","sectionType":"section","heading":"Access for other persons","content":"243G Access for other persons\n(1) The CHO may, by written notice published on the Agency's website,\nauthorise a person or class of persons to access, use and disclose\ninformation held in the monitored medicines database for the\nfollowing purposes:\n(a) the access, use and disclosure would assist in achieving the\npurposes of:\n(i) promoting safe supply, prescription and dispensing\npractices; and\n(ii) reducing harm from monitored medicines;\n(b) the access, use and disclosure is for technical or\nadministrative purposes relating to the maintenance of the\ndatabase;\n(c) the access, use and disclosure is to facilitate evaluation and\nresearch into monitored medicines and the operation of the\n(2) Before giving an authorisation under subsection (1), the CHO must\nbe satisfied that the person or class of persons has appropriate\narrangements for:\n(a) the security of the information; and\n(b) when the person or class of persons no longer requires the\ninformation – the destruction or disposal of the information.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 135\n(3) An authorisation given under subsection (1) may be subject to any\n(4) The CHO may revoke an authorisation given under subsection (1)\nat any time.\nNote for section 243G\nA person's access, use or disclosure of the information may be subject to\nguidelines made under section 243Q.\n","sortOrder":256},{"sectionNumber":"243H","sectionType":"section","heading":"Person must not contravene requirement to give information","content":"243H Person must not contravene requirement to give information\n(a) the person is required, under section 243E, to give information\nto the CHO in the manner or form the CHO considers\nappropriate; and\n(b) the person contravenes the requirement.\nsubsection (1) if the person has a reasonable excuse.\n","sortOrder":257},{"sectionNumber":"243J","sectionType":"section","heading":"Relevant prescriber must check database before prescribing","content":"243J Relevant prescriber must check database before prescribing\nmonitored medicine\n(1) A relevant prescriber commits an offence if:\n(a) the relevant prescriber issues a prescription for a monitored\nmedicine to another person; and\n(b) the relevant prescriber does not check the information held in\nthe monitored medicines database in relation to the other\nperson before issuing the prescription; and\n(c) the prescription is not issued in circumstances that are\nprescribed by regulation to be exempt.\nsubsection (1) if the relevant prescriber has a reasonable excuse.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 136\n","sortOrder":258},{"sectionNumber":"243K","sectionType":"section","heading":"Pharmacist must check database before supplying monitored","content":"243K Pharmacist must check database before supplying monitored\nmedicine\n(1) A pharmacist commits an offence if:\n(a) the pharmacist supplies a monitored medicine to another\n(b) the pharmacist does not check the information held in the\nmonitored medicines database in relation to the other person\nbefore supplying the monitored medicine; and\n(c) the supply is not made in circumstances that are prescribed by\nregulation to be exempt.\nsubsection (1) if the pharmacist has a reasonable excuse.\n","sortOrder":259},{"sectionNumber":"243L","sectionType":"section","heading":"Unauthorised access, use or disclosure of information","content":"243L Unauthorised access, use or disclosure of information\n(a) the person is not authorised by or under this Act to access\n(b) the person intentionally accesses information held in the\n(a) the person is not authorised by or under this Act to use\n(b) the person intentionally uses information held in the monitored\nmedicines database.\n(3) A person commits an offence if:\n(a) the person is not authorised by or under this Act to disclose\n\nMedicines, Poisons and Therapeutic Goods Act 2012 137\n(b) the person intentionally discloses information held in the\n(4) A person commits an offence if:\n(a) the person is authorised by or under this Act to access, use or\ndisclose information held in the monitored medicines\ndatabase; and\n(b) the person intentionally accesses, uses or discloses\ninformation held in the database; and\n(c) the access, use or disclosure results in the contravention of\nthe authorisation or any conditions of the authorisation and the\nperson is reckless in relation to that result.\n(5) Strict liability applies to subsections (1)(a), (2)(a), (3)(a) and (4)(a).\nsubsection (4) if the person has a reasonable excuse.\n","sortOrder":260},{"sectionNumber":"243M","sectionType":"section","heading":"Protection from liability for duties and functions in relation to","content":"243M Protection from liability for duties and functions in relation to\ndatabase\n(1) A relevant prescriber, pharmacist or person authorised under\nsection 243G(1) is not liable for anything done in good faith in\ncarrying out any duty in relation to, or in accessing, using or\ndisclosing information held in, the monitored medicines database in\naccordance with this Act or the Regulations.\n(2) Without limiting subsection (1):\n(a) the accessing of information held in the monitored medicines\ndatabase in respect of a person or the giving of information to\nthe database in respect of a person does not constitute\nunprofessional conduct or a breach of professional etiquette or\nethics; and\n(b) no liability for defamation is incurred by a person mentioned in\nsubsection (1) because of the accessing of any person's\ninformation or the provision of that information.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 138\n","sortOrder":261},{"sectionNumber":"243N","sectionType":"section","heading":"Data source entity","content":"243N Data source entity\nThe CHO may, by written notice published on the Agency's website,\napprove a person or entity to be a data source entity.\n","sortOrder":262},{"sectionNumber":"243P","sectionType":"section","heading":"Sharing agreement","content":"243P Sharing agreement\nThe CHO may enter into an agreement or arrangement with the\nCommonwealth, a State or another Territory or an entity for the\nsharing of the information held in the monitored medicines\ndatabase and any equivalent database maintained in a State or\nanother Territory under a corresponding law.\n","sortOrder":263},{"sectionNumber":"243Q","sectionType":"section","heading":"Guidelines","content":"243Q Guidelines\n(1) The CHO may make guidelines in relation to the access, use and\ndisclosure of information held in the monitored medicines database\nunder this Part.\n(2) The guidelines must be published on the Agency's website.\n","sortOrder":264},{"sectionNumber":"244","sectionType":"section","heading":"CHO may make code of practice","content":"244 CHO may make code of practice\n(1) The CHO may make a code of practice about a matter that is\nrequired or permitted by this Act to be prescribed by a code of\npractice in relation to a Schedule 8 substance or restricted\nNotes for subsection (1)\n1 A contravention of a code of practice does not in itself constitute an offence\nagainst this Act.\n2 However, if an authority is subject to the condition the holder of the authority\ncomply must with a code of practice, the holder may commit an offence\nagainst section 147 for a failure to comply with the code of practice. In\naddition, a failure to comply with a code of practice may also be a ground for\nsuspending or cancelling an authority under section 166.\n3 Also, contravention of a code of practice by a health practitioner may\nconstitute behaviour for which health, conduct or performance action may be\ntaken under the Health Practitioner Regulation National Law.\n(2) The code of practice may apply, adopt or incorporate (with or\nwithout changes) a matter contained in another document or\ninstrument as in force or existing at a particular time or from time to\ntime.\n(3) Before making a code of practice, the CHO must consult with:\n(a) the Committee; and\n\nMedicines, Poisons and Therapeutic Goods Act 2012 139\n(b) each professional body representing health practitioners or\nveterinarians to whom the code of practice is to apply.\n(4) If the CHO makes a code of practice under this section, the CHO\nmust publish on the Agency's website the code of practice and\nnotice of its making.\n(5) The code of practice has no effect until publication of the notice.\n","sortOrder":265},{"sectionNumber":"Div 1","sectionType":"division","heading":"Exemptions, declarations and approvals for","content":"Division 1 Exemptions, declarations and approvals for\ndealing with Scheduled substances\n","sortOrder":266},{"sectionNumber":"245","sectionType":"section","heading":"Exemption from holding Schedule 8 authorisation","content":"245 Exemption from holding Schedule 8 authorisation\n(1) The CHO may exempt an authorised health practitioner from the\nrequirement to hold a Schedule 8 authorisation for dealing with:\n(a) a restricted Schedule 8 substance for an authorised purpose;\nor\n(b) an unrestricted Schedule 8 substance in a prohibited\ncircumstance.\n(2) Before doing so, the CHO must ask the Committee for its advice on\nthe proposed exemption.\n(3) The CHO may give the exemption only after considering the\nCommittee's advice.\n(4) The exemption must be given:\n(a) for an exemption for a particular authorised health\npractitioner – by written notice to the authorised health\npractitioner; or\n(b) for an exemption for a class of authorised health\npractitioners – by notice published on the Agency's website.\n(5) The CHO may give the exemption subject to conditions.\n(6) An authorised health practitioner must not engage in conduct that\nresults in a contravention of a condition of the exemption.\nMaximum penalty for subsection (6): 200 penalty units or\nimprisonment for\n\nMedicines, Poisons and Therapeutic Goods Act 2012 140\n","sortOrder":267},{"sectionNumber":"246","sectionType":"section","heading":"Restricted Schedule 4 and 8 substances","content":"246 Restricted Schedule 4 and 8 substances\ndeclare:\n(a) a Schedule 4 substance to be a restricted Schedule 4\n(b) a Schedule 8 substance to be a restricted Schedule 8\n(2) Before doing so, the CHO must ask the Committee for its advice on\nthe proposed declaration.\n(3) The CHO may make the declaration only after considering the\nCommittee's advice on the proposed declaration.\n(4) For a restricted Schedule 4 substance, the declaration must state\nthe conditions applying to the issue of a prescription for the supply\nof, or the supply or administration of, the substance.\n(5) Subject to subsection (4), the conditions stated in the declaration in\nrelation to the substance are in addition to any control in relation to\nthe substance in Appendix D to the medicines and poisons\nstandard.\n(6) The declaration prevails to the extent of any inconsistency between:\n(a) a condition stated in the declaration; and\n(b) a provision of this Act or any control in relation to the\nsubstance in Appendix D to the medicines and poisons\nstandard.\n","sortOrder":268},{"sectionNumber":"251","sectionType":"section","heading":"Emergency authorisation for possessing, supplying and","content":"251 Emergency authorisation for possessing, supplying and\nadministering Schedule 3, 4 and 8 substances\nauthorise a person, or a class of health practitioners, to possess,\nsupply or administer stated Schedule 3, 4 or 8 substances in an\nemergency relating to public health (an emergency authorisation).\n(2) To avoid doubt, the emergency authorisation may be made even if\nno declaration of a public health emergency is in force under the\nPublic and Environmental Health Act 2011.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 141\n(3) However, the CHO may make the emergency authorisation for a\nperson who is not a health practitioner only if the CHO considers\nthe person is appropriately qualified to possess, supply or\nadminister the Scheduled substances.\n(4) The emergency authorisation:\n(a) commences on the date the notice is given and ends on the\ndate (not longer than 2 years after that date) stated in the\nnotice; and\n(b) must include the following particulars:\n(i) a description of the public health emergency to which it\nrelates;\n(ii) the clinical circumstances in which the substances may\nbe possessed, supplied or administered;\n(iii) the persons to whom the substances may be supplied or\nadministered;\n(iv) other particulars about the form, strength, dosage and\nfrequency of administration of the substances the CHO\nconsiders appropriate; and\n(c) is subject to the conditions stated in the notice.\n","sortOrder":269},{"sectionNumber":"252","sectionType":"section","heading":"Declared places","content":"252 Declared places\nThe CHO may, by notice published on the Agency's website,\ndeclare a health centre or clinic to be a place to which Part 2.6\napplies.\nExample of declared place\nA health clinic at a custodial correctional facility as defined in section 11(1)(a) of\nthe Correctional Services Act 2014.\n","sortOrder":270},{"sectionNumber":"253","sectionType":"section","heading":"Approval for pharmacist to supply Schedule 8 substance or","content":"253 Approval for pharmacist to supply Schedule 8 substance or\nrestricted Schedule 4 substances on interstate prescription\napprove a pharmacist supplying a Schedule 8 substance or\nrestricted Schedule 4 substance to persons living in a stated area\nor community on the prescription of an interstate prescriber for the\n\nDivision 2 Register of authorities and information availability\nMedicines, Poisons and Therapeutic Goods Act 2012 142\n(2) The CHO may give the approval for a substance only if satisfied the\npersons would not otherwise be able to readily obtain the\nsubstance because of the remoteness of the area or community.\n(3) The CHO may give the approval subject to conditions.\n(4) A pharmacist must not engage in conduct that results in a\ncontravention of a condition of the approval.\n","sortOrder":271},{"sectionNumber":"254","sectionType":"section","heading":"Approval of SSTP","content":"254 Approval of SSTP\n(1) The CHO may approve, in writing, an SSTP if the CHO considers:\n(a) the SSTP contains adequate information to satisfy the\nrequirements specified in section 70B(2); and\n(b) having regard to the matters to which the SSTP relates, it is\nappropriate to do so.\n(2) The approval of an SSTP takes effect:\n(a) on the date it is approved; or\n(b) if the CHO specifies a later effective date in the approval of\nthe SSTP – the later date.\n(3) The approval of an SSTP remains in effect until the expiry of the\nperiod, not exceeding 2 years, specified by the CHO in the\napproval, unless it is sooner revoked.\n(4) An SSTP approved under subsection (1) and the CHO's written\napproval of it must be published on the Agency's website as soon\nas practicable after the SSTP has been approved.\n(5) The CHO may revoke, in writing, the approval of an SSTP.\nDivision 2 Register of authorities and information availability\n","sortOrder":272},{"sectionNumber":"255","sectionType":"section","heading":"Register of authorities","content":"255 Register of authorities\n(1) The CHO must keep a register of each type of authority.\n(2) The register may be in any form, including an electronic form.\n(3) The register must contain the particulars prescribed by regulation.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 143\n","sortOrder":273},{"sectionNumber":"256","sectionType":"section","heading":"Public access to some registers","content":"256 Public access to some registers\n(1) Anyone may inspect the register for the following authorities during\nthe Agency's normal business hours:\n(a) certificates of registration;\n(b) retailer licences;\n(c) pest management technician licences.\n(2) The CHO may give a person a copy or summary of particulars in\nthe register.\n(3) However, other registers are not open for inspection by members of\nthe public.\n","sortOrder":274},{"sectionNumber":"257","sectionType":"section","heading":"Information relating to supply and use of substances","content":"257 Information relating to supply and use of substances\nauthorise any of the following persons to be given, or disclose,\nsubstance information:\n(a) a public sector employee;\n(b) another person the CHO is satisfied is employed in a capacity\nrequiring access to substance information.\nsubstance information means information relating to the supply or\nadministration of a Scheduled substance to a particular person.\n","sortOrder":275},{"sectionNumber":"258","sectionType":"section","heading":"Approved forms","content":"258 Approved forms\nThe CHO may approve forms for this Act.\n","sortOrder":276},{"sectionNumber":"259","sectionType":"section","heading":"Delegation by CHO","content":"259 Delegation by CHO\n(1) The CHO may delegate any of the CHO's powers and functions\nunder this Act to any of the following:\n(a) an authorised officer;\n(b) a public sector employee engaged in the Agency;\n(c) a health practitioner.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 144\n(2) However, the CHO cannot delegate a power or function in relation\nto the reconsideration of an original decision under Chapter 5.\n(3) Also, the CHO may delegate a power or function to a person only if\nsatisfied the person has appropriate qualifications or experience for\nthe delegation.\n","sortOrder":277},{"sectionNumber":"Part 7","sectionType":"part","heading":"3 Scheduled Substances Clinical Advisory","content":"Part 7.3 Scheduled Substances Clinical Advisory\n","sortOrder":278},{"sectionNumber":"260","sectionType":"section","heading":"Establishment","content":"260 Establishment\nThe Scheduled Substances Clinical Advisory Committee is\nestablished.\n","sortOrder":279},{"sectionNumber":"261","sectionType":"section","heading":"Functions","content":"261 Functions\n(1) The Committee's function is to give advice and make\nrecommendations on issues relating to dealing with Scheduled\nsubstances.\n(2) Without limiting subsection (1), the Committee has the following\nfunctions:\n(a) to advise the CHO about the competency required by doctors\nto supply Scheduled substances;\n(b) to recommend to the CHO appropriate training programs for\ndoctors who supply Scheduled substances;\n(c) to advise the CHO about the treatment of persons (whether\ngenerally or a particular person) with Scheduled substances;\n(d) to advise the CHO about issuing, varying, suspending and\ncancelling Schedule 4 or 8 authorisations for Scheduled\nsubstances;\n(e) to make recommendations to the CHO about matters to be\nincluded in codes of practice;\n(f) to advise the CHO about whether matters relating to the\nsupply of a Scheduled substance should be referred to a\nNational Health Practitioner Board established under the\nHealth Practitioner Regulation National Law;\n\nMedicines, Poisons and Therapeutic Goods Act 2012 145\n(g) to advise the CHO about policy issues relating to the issue of\nprescriptions for the supply of, or the supply or use of,\nScheduled substances;\n(h) to give other advice about Scheduled substances as conferred\non it under this or another Act.\nScheduled substance means:\n(a) a restricted Schedule 4 substance; or\n(b) a Schedule 8 substance.\n","sortOrder":280},{"sectionNumber":"262","sectionType":"section","heading":"Powers","content":"262 Powers\nThe Committee has the powers necessary to perform its functions.\n","sortOrder":281},{"sectionNumber":"263","sectionType":"section","heading":"Delegation","content":"263 Delegation\n(1) The Committee may delegate any of its powers or functions to the\nchairperson or an authorised officer.\n(2) The delegation must be signed by a majority of Committee\nmembers.\n","sortOrder":282},{"sectionNumber":"264","sectionType":"section","heading":"Membership","content":"264 Membership\n(1) The Committee consists of the following:\n(a) at least 6 members appointed by the CHO (appointed\nmembers);\n(b) an authorised officer nominated by the CHO.\n(2) An appointed member may be reappointed.\n","sortOrder":283},{"sectionNumber":"265","sectionType":"section","heading":"Qualifications and nominations for appointment","content":"265 Qualifications and nominations for appointment\nAn appointed member must be qualified or nominated for\nappointment as prescribed by regulation.\n","sortOrder":284},{"sectionNumber":"266","sectionType":"section","heading":"Duration of appointment","content":"266 Duration of appointment\nAn appointed member holds office for the period, not exceeding\n3 years, stated in the instrument of appointment.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 146\n","sortOrder":285},{"sectionNumber":"267","sectionType":"section","heading":"Conditions of appointment","content":"267 Conditions of appointment\nAn appointed member holds office on the conditions stated in the\ninstrument of appointment.\n","sortOrder":286},{"sectionNumber":"268","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"268 Chairperson and deputy chairperson\n(1) The chairperson of the Committee is:\n(a) the member appointed by the CHO to be the chairperson; or\n(b) if the CHO does not appoint the chairperson – the member\nappointed by the Committee.\n(2) The Committee must appoint a member, other than the\nchairperson, as deputy chairperson of the Committee.\n(3) The deputy chairperson must act in the office of chairperson during\nany period when the chairperson:\n(a) is absent from the Territory; or\n(b) is unable for any reason to perform the duties of office.\n","sortOrder":287},{"sectionNumber":"269","sectionType":"section","heading":"When member ceases to hold office","content":"269 When member ceases to hold office\n(1) An appointed member ceases to hold office if:\n(a) the member resigns by giving written notice of resignation to\nthe CHO; or\n(b) the member's term of office comes to an end and the member\nis not reappointed; or\n(c) the member is convicted of an indictable offence or sentenced\nto imprisonment for an offence; or\n(d) the member is absent, except on leave granted by the\nCommittee, from 3 consecutive meetings of the Committee; or\n(e) the member is removed from office under subsection (2).\n(2) The CHO may remove an appointed member from office for:\n(a) mental or physical incapacity to perform the duties of office\nsatisfactorily; or\n(b) neglect of duty; or\n(c) breach of a condition of appointment; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 147\n(d) dishonest or dishonourable conduct.\n","sortOrder":288},{"sectionNumber":"270","sectionType":"section","heading":"Meetings","content":"270 Meetings\n(1) The Committee must meet as often as is necessary for the exercise\nof its powers and the performance of its functions.\n(2) However, the Committee must meet at least twice in each year.\n","sortOrder":289},{"sectionNumber":"271","sectionType":"section","heading":"Presiding member at meetings","content":"271 Presiding member at meetings\nThe chairperson must preside at all meetings of the Committee at\nwhich he or she is present.\n","sortOrder":290},{"sectionNumber":"272","sectionType":"section","heading":"Procedure at meetings","content":"272 Procedure at meetings\n(1) A quorum of the Committee consists of the chairperson and at least\none third of the other members in office.\n(2) A question arising for decision at a Committee meeting must be\nresolved according to the opinion of a majority of the members\npresent at the meeting and, if they are equally divided in opinion,\nthe chairperson has a casting vote.\n(3) The Committee must keep proper minutes of its proceedings and\ndecisions.\n(4) Subject to this Division, the Committee may decide its own\nprocedures.\n","sortOrder":291},{"sectionNumber":"273","sectionType":"section","heading":"Disclosure of interest","content":"273 Disclosure of interest\n(1) If a member of the Committee has a direct or indirect interest in a\nmatter being considered or about to be considered by the\nCommittee, the member must disclose the nature of the interest at\na Committee meeting as soon as practicable after the relevant facts\ncome to the member's knowledge.\n(2) The disclosure must be recorded in the Committee's minutes.\n(3) The member must not, while having that interest:\n(a) take part in any deliberation or decision of the Committee\nrelating to that matter; or\n(b) form part of the quorum of the Committee in any deliberation\nor decision of the Committee relating to that matter.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 148\n(4) However, subsection (3) does not apply to the member if the\nCommittee resolves the subsection does not so apply.\n(5) Despite the resolution, the member may refuse to take part in any\ndeliberation or decision of the Committee relating to the matter.\n","sortOrder":292},{"sectionNumber":"274","sectionType":"section","heading":"Who is authorised officer","content":"274 Who is authorised officer\n(1) An authorised officer is:\n(a) the CHO; or\n(b) a person appointed under subsection (2) as an authorised\nofficer; or\n(c) a police officer of or above the rank of sergeant.\n(2) The CHO may appoint as an authorised officer:\n(a) a public sector employee engaged in the Agency; or\n(b) a public sector employee engaged in another Agency under\nan arrangement with the Chief Executive Officer of that\nAgency; or\n(c) another person if:\n(i) the CHO is satisfied the person has appropriate\nqualifications or experience to exercise powers and\nperform functions of an authorised officer; and\n(ii) the person agrees to the appointment.\n(3) The CHO has all the powers and functions of an authorised officer.\n(4) An authorised officer appointed under subsection (2) has the\npowers and functions of an authorised officer stated in the\nappointment.\n(5) A police officer mentioned in subsection (1)(c) has all the powers\nand functions of an authorised officer.\n","sortOrder":293},{"sectionNumber":"275","sectionType":"section","heading":"Identity cards","content":"275 Identity cards\n(1) The CHO must give each authorised officer (other than a police\nofficer) an identity card stating the person's name and that the\nperson is an authorised officer.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 149\n(2) The identity card must:\n(a) show a recent photograph of the officer; and\n(b) state the card's date of expiry.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":294},{"sectionNumber":"276","sectionType":"section","heading":"Production of identity card","content":"276 Production of identity card\nAn authorised officer (other than a police officer in uniform)\nexercising a power or performing a function under this Act in\nrelation to a person must, if asked by the person, produce for the\nperson's inspection:\n","sortOrder":295},{"sectionNumber":"277","sectionType":"section","heading":"Return of identity card","content":"277 Return of identity card\n(1) A person who ceases to be an authorised officer (other than a\npolice officer) must return the person's identity card to the CHO\nwithin 21 days after the cessation.\nsubsection (1) if the person establishes a reasonable excuse.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 150\n","sortOrder":296},{"sectionNumber":"278","sectionType":"section","heading":"Acquisition on just terms","content":"278 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":297},{"sectionNumber":"279","sectionType":"section","heading":"Protection of health practitioners and veterinarians from","content":"279 Protection of health practitioners and veterinarians from\nliability\n(a) a health practitioner or veterinarian:\n(i) gives notice to the CHO about the supply of a Scheduled\nsubstance as required under this Act; or\n(ii) applies for a Schedule 4 or 8 authorisation or prohibited\nsubstance authorisation; and\n(b) in good faith, the health practitioner or veterinarian discloses\nprivate or confidential information about a person in giving the\nnotice or making the application.\n(2) The health practitioner or veterinarian is not civilly or criminally\nliable for the disclosure.\n(3) Without limiting subsection (2), making the disclosure does not\nconstitute a breach of professional etiquette or ethics or a departure\nfrom accepted standards of professional conduct.\n","sortOrder":298},{"sectionNumber":"280","sectionType":"section","heading":"Protection of persons administering Act from liability","content":"280 Protection of persons administering Act from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) a member of the Committee;\n(b) an authorised officer;\n\nMedicines, Poisons and Therapeutic Goods Act 2012 151\n(c) a person assisting an authorised officer under Chapter 4.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":299},{"sectionNumber":"281","sectionType":"section","heading":"Regulations","content":"281 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may provide for any the following:\n(a) holders of authorities and others dealing with Scheduled\nsubstances, including authorising others to deal with\nScheduled substances;\n(ab) storage, transport and destruction of Scheduled substances;\n(b) keeping of records by holders of authorities and others dealing\nwith Scheduled substances;\n(c) reporting requirements of holders of authorities and others\ndealing with Scheduled substances;\n(d) applying, adopting or incorporating (with or without changes)\nthe whole or part of a document as in force or existing at a\nparticular time or from time to time;\n(e) exempting a person, place, Scheduled substance, dealing with\na Scheduled substance or other activity from the application of\nthis Act, or a provision of this Act, either conditionally or\nunconditionally;\n(f) prescribing fees payable under this Act;\n(g) an offence against a regulation to be an offence of strict or\nabsolute liability.\n(3) A regulation may authorise a matter to be decided, applied or\nregulated by the CHO (whether or not from time to time).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 152\nChapter 9 Repeals and transitional matters\nPart 9.1 Repeal of Acts\n282 Repeals\nThe Acts mentioned in Schedule 3 are repealed.\nPart 9.2 Transitional matters for Medicines, Poisons\nand Therapeutic Goods Act 2012\n283 Definitions\ncommencement day means the day on which section 282\ncommences.\ncorresponding authority, for an old authority, means the type of\nauthority under this Act that authorises its holder to deal with a\nScheduled substance in the same way as the old authority.\nExamples\n1 The corresponding authority for an authorisation under section 28(6) of the\nrepealed Act for possessing and using a Schedule 8 substance is a\nSchedule 8 authorisation for possessing and using the substance.\n2 The corresponding authority for an authorisation issued under section 31G of\nthe repealed Act for supplying a restricted Schedule 8 substance is a\nSchedule 8 authorisation for supplying the substance.\n3 The corresponding authority for an authorisation under section 78 of the\nrepealed Act is:\n(a) for manufacturing the substance – a manufacturer certificate of\nregistration for the substance; or\n(b) for using the substance for research purposes – a research authorisation\nfor the substance; or\n(c) for administering the substance – a prohibited substance authorisation for\nadministering the substance.\nold authority means:\n(a) a certificate of registration of premises under Part II of the\nrepealed Act for manufacturing a poison; or\n(b) a certificate of registration of premises under Part III of the\nrepealed Act for storage for wholesale supplying a poison; or\n\nMedicines, Poisons and Therapeutic Goods Act 2012 153\n(c) a licence under Part IV of the repealed Act for supplying a\npoison by retail; or\n(d) an authorisation under section 28(6) of the repealed Act for\nobtaining, possessing and using a Schedule 4 or 8 substance;\nor\n(e) an authorisation under Part VA, Division 3, of the repealed Act\nfor the supply, as defined for that Part, under section 31F of a\nnon-restricted Schedule 8 substance; or\n(f) an authorisation under Part VA, Division 3, of the repealed Act\nfor the supply, as defined for that Part, under section 31G of a\nrestricted Schedule 8 substance; or\n(g) an authorisation under Part VIII of the repealed Act for\npossessing and administering a Schedule 4 or 8 substance; or\n(h) an authorisation under section 53 of the repealed Act for\npossessing and using a Schedule 7 substance; or\n(i) a pest control operator licence under Part XI of the repealed\nAct for possessing and using a pesticide; or\n(j) an authorisation under section 78 of the repealed Act for\npossessing, producing, preparing, manufacturing, supplying,\nadministering or using the prohibited substance mentioned in\nthat section.\nrepealed Act means the Poisons and Dangerous Drugs Act 1983\nas in force immediately before the commencement day.\n","sortOrder":300},{"sectionNumber":"284","sectionType":"section","heading":"Prescriptions and directions for dealing with Scheduled","content":"284 Prescriptions and directions for dealing with Scheduled\n(1) Subsection (2) applies to a prescription:\n(a) issued under the repealed Act for the supply of a Schedule 4\nor 8 substance; and\n(b) that would have remained in force on the commencement day\nhad the repealed Act not been repealed.\n(2) The prescription:\n(a) is taken to have been issued under this Act; and\n(b) continues in force until it would have ended had the repealed\nAct not been repealed.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 154\n(3) Subsection (4) applies to a direction:\n(a) given under section 39(4) of the repealed Act for the\nadministration of a Schedule 4 or 8 substance; and\n(b) that would be in force on the commencement day had the\nrepealed Act not been repealed.\n(4) The direction:\n(a) is taken to be a supply order for the substance; and\n(b) continues in force until it would have ended had the repealed\nAct not been repealed.\n","sortOrder":301},{"sectionNumber":"285","sectionType":"section","heading":"Old authority","content":"285 Old authority\n(1) An old authority in force immediately before the commencement\nday is taken to be the corresponding authority for it under this Act.\n(2) Subsection (1) applies even if the CHO had suspended the old\nauthority under the repealed Act.\n(3) For subsection (1), a certificate of registration of premises under the\nrepealed Act is taken to have been issued to the person carrying\nout the activity to which the certificate relates.\n(4) The corresponding authority has effect subject to the conditions\napplying to it under Part 3.2, Division 3.\n(5) In addition, subject to subsection (4), the conditions applying to the\nold authority immediately before the commencement day continue\nto apply to the corresponding authority.\n(6) The corresponding authority ends when the old authority would\nhave ended had the repealed Act not been repealed.\n","sortOrder":302},{"sectionNumber":"286","sectionType":"section","heading":"Pending application relating to authority","content":"286 Pending application relating to authority\n(1) This section applies to an application made under the repealed Act\nfor, or the renewal or transfer of, an old authority that had not been\ndecided before the commencement day (the pending application).\n(2) The pending application must be treated as if it were an application\nunder this Act for, or the renewal or transfer of, the corresponding\nauthority for the old authority.\n(3) For subsection (2), an application relating to a certificate of\nregistration of premises is taken to have been made by the person\ncarrying out the activity to which the certificate relates.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 155\n","sortOrder":303},{"sectionNumber":"287","sectionType":"section","heading":"Pending action to vary, suspend or revoke authorisation","content":"287 Pending action to vary, suspend or revoke authorisation\n(a) the CHO had given notice under section 31J of the repealed\nAct to a doctor stating proposed action in relation to an\nauthorisation held by the doctor; and\n(b) immediately before the commencement day, the action had\nnot been finalised.\n(2) The CHO must decide whether to take action under that section as\nif the repealed Act had not been repealed.\n(3) However, if the CHO decides to vary, suspend or cancel the\nauthorisation, the decision is taken to be an original decision to\nvary, suspend or cancel the authorisation under Part 3.5 or 3.6.\nNote for section 287\nUnder section 284, the authorisation is taken to be a Schedule 8 authorisation.\n","sortOrder":304},{"sectionNumber":"288","sectionType":"section","heading":"Suspended authorisation","content":"288 Suspended authorisation\n(1) This section applies if, before the commencement day, the CHO\nhad:\n(a) under section 31J of the repealed Act, suspended an\nauthorisation under Part VA, Division 3 of the repealed Act; or\n(b) under section 59 of the repealed Act, suspended an\nauthorisation or pest control operator licence under Part XI of\nthe repealed Act.\n(2) The suspension ends on the date it would have ended had the\nrepealed Act not been repealed.\n","sortOrder":305},{"sectionNumber":"289","sectionType":"section","heading":"Provisions relating to employment involving pesticides","content":"289 Provisions relating to employment involving pesticides\n(1) A requirement made under section 59(1) of the repealed Act to\nundergo a medical examination is taken to be a notice given under\nsection 172(2).\n(2) An order under section 59(1)(f) of the repealed Act is taken to be an\norder under section 172(4)(c).\n\nMedicines, Poisons and Therapeutic Goods Act 2012 156\n","sortOrder":306},{"sectionNumber":"290","sectionType":"section","heading":"Directions under section 30 of repealed Act","content":"290 Directions under section 30 of repealed Act\n(a) under section 30 of the repealed Act, the CHO directed a\npharmacist not to hold a Schedule 8 substance on premises\nstated in the direction; and\n(b) had the repealed Act not been repealed, the direction would\nbe in force on the commencement day.\n(2) The direction has effect as if it were a prohibition notice issued\nunder section 116(2) and continues in force until it would have\nended had the repealed Act not been repealed.\n","sortOrder":307},{"sectionNumber":"291","sectionType":"section","heading":"Prohibitions under sections 31 and 31N of repealed Act","content":"291 Prohibitions under sections 31 and 31N of repealed Act\n(1) Subsections (2) and (3) apply if:\n(a) under section 31(1) or 31N(1) of the repealed Act, the CHO\ngave notice to a dentist, veterinarian or doctor proposing the\ndentist, veterinarian or doctor be prohibited from possessing,\nsupplying, administering or prescribing a Schedule 8\n(b) the period stated in the notice for making submissions on the\nproposed prohibition had not ended.\n(2) The CHO must decide the matter under the repealed Act as if it had\nnot been repealed.\n(3) If the CHO gives a notice under section 31(2) or 31N(2) of the\nrepealed Act prohibiting the dentist, veterinarian or doctor from\npossessing, supplying, administering or prescribing a Schedule 8\nsubstance, the notice is taken to be a prohibition notice given under\nsection 116(2).\n(4) Subsection (5) applies if:\n(a) before the commencement day, the CHO gave notice under\nsection 31(2) or 31N(2) of the repealed Act to a dentist,\nveterinarian or doctor prohibiting the dentist, veterinarian or\ndoctor from possessing, supplying, administering or\nprescribing a Schedule 8 substance; and\n(b) had the repealed Act not been repealed, the prohibition would\nbe in force on the commencement day.\n\n","sortOrder":308},{"sectionNumber":"Part 9","sectionType":"part","heading":"3 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015","content":"Part 9.3 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nMedicines, Poisons and Therapeutic Goods Act 2012 157\n(5) The notice has effect as if it were a prohibition notice issued under\nsection 116(2) and continues in force until it would have ended had\nthe repealed Act not been repealed.\n","sortOrder":309},{"sectionNumber":"292","sectionType":"section","heading":"Registers of manufacturer and wholesaler premises","content":"292 Registers of manufacturer and wholesaler premises\n(1) This section applies to the following registers kept by the CHO\nunder the repealed Act:\n(a) the register of premises registered under Part II of the\nrepealed Act (the Part 2 register);\n(b) the register of premises registered under Part III of the\nrepealed Act (the Part 3 register).\n(2) For section 255:\n(a) the Part 2 register is taken to be the register of manufacturer\ncertificates of registration; and\n(b) the Part 3 register is taken to be the register of wholesaler\ncertificates of registration.\n293 Interpretation Act not affected\nThis Part does not limit Part III of the Interpretation Act 1978.\nPart 9.3 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n295 Offences – before and after commencement\n(1) Section 215, as amended by the Statute Law Amendment\n(Directors' Liability) Act 2015, (the new section) applies in relation\nto a relevant offence committed by a body corporate after the\ncommencement of Part 2, Division 23 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 215, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n\nPart 9.4 Transitional matters for Medicines, Poisons and Therapeutic Goods\nLegislation Amendment Act 2021\nMedicines, Poisons and Therapeutic Goods Act 2012 158\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\nPart 9.4 Transitional matters for Medicines, Poisons\nand Therapeutic Goods Legislation\nAmendment Act 2021\n","sortOrder":310},{"sectionNumber":"296","sectionType":"section","heading":"Definitions","content":"296 Definitions\namending Act means the Medicines, Poisons and Therapeutic\nGoods Legislation Amendment Act 2021.\ncommencement means the day on which section 8 of the\namending Act commences.\n","sortOrder":311},{"sectionNumber":"297","sectionType":"section","heading":"Information obtained before commencement","content":"297 Information obtained before commencement\n(1) This section applies in relation to information obtained under\nsection 96 or 139 before the commencement that, if obtained after\nthe commencement, would be information required to be given to\nthe CHO under Chapter 7, Part 7.1AA.\n(2) The information is taken to be information obtained under\nChapter 7, Part 7.1AA after the commencement.\n","sortOrder":312},{"sectionNumber":"298","sectionType":"section","heading":"Offences – before and after commencement","content":"298 Offences – before and after commencement\n(1) Section 207, as inserted by the amending Act, applies only in\nrelation to an offence committed after the commencement.\n(2) Section 207, as in force before the commencement, continues to\napply in relation to an offence committed before the\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 159\nPart 9.5 Transitional matters for Medicines, Poisons\nand Therapeutic Goods Legislation\nAmendment Act 2022\n","sortOrder":313},{"sectionNumber":"299","sectionType":"section","heading":"Definitions","content":"299 Definitions\namending Act means the Medicines, Poisons and Therapeutic\nGoods Legislation Amendment Act 2022.\ncommencement means the commencement of section 3 of the\namending Act.\nCOVID-19 vaccine means a Scheduled substance for vaccination\nagainst the Coronavirus disease named \"COVID-19\" by the World\nHealth Organization.\nformer CVAP means a COVID-19 vaccine administration protocol\nthat was approved under section 254B(1), as in force immediately\nbefore the commencement.\nformer SSTP means a Scheduled substance treatment protocol\nthat was approved under section 254(1), as in force immediately\nbefore the commencement.\n","sortOrder":314},{"sectionNumber":"300","sectionType":"section","heading":"Scheduled substance treatment protocols approved before","content":"300 Scheduled substance treatment protocols approved before\n(1) For sections 301 and 302, a former SSTP continues in force after\nthe commencement until the earlier of the following:\n(a) the approval of the former SSTP is revoked by the CHO under\nsubsection (2);\n(b) the day that is 2 years after the commencement.\n(2) The CHO may revoke, in writing, the approval of a former SSTP\nthat continues to remain in force under subsection (1).\n","sortOrder":315},{"sectionNumber":"301","sectionType":"section","heading":"Transitional authority for health practitioners approved to","content":"301 Transitional authority for health practitioners approved to\nadminister Schedule 4 or 8 substance before commencement\n(1) This section applies to an Aboriginal and Torres Strait Islander\nhealth practitioner, a nurse, a midwife or a paramedic who was\ndeclared by Gazette notice under section 250, as in force\nimmediately before the commencement, to be approved to\nadminister a Schedule 4 or 8 substance stated in the notice in\naccordance with the former SSTP stated in the notice (an\n\nMedicines, Poisons and Therapeutic Goods Act 2012 160\napproved practitioner).\n(2) Subject to subsection (3), an approved practitioner may, in the\ncourse of practising in the approved practitioner's health profession,\nadminister the substance to another person after the\ncommencement if the former SSTP stated in the notice for the\napproved practitioner continues to remain in force under section\n300 at the time of the administration of the substance.\n(3) The approved practitioner must administer the substance in\naccordance with:\n(a) the former SSTP; and\n(b) any conditions or limitations that were specified in the notice\nfor the approved practitioner.\n(4) An approved practitioner who is authorised to administer a\nSchedule 4 or 8 substance under subsection (2) may, in the course\nof practising in the approved practitioner's health profession,\npossess the substance for that purpose after the commencement.\n","sortOrder":316},{"sectionNumber":"302","sectionType":"section","heading":"Transitional authority for health practitioners approved to","content":"302 Transitional authority for health practitioners approved to\nsupply Schedule 4 or 8 substance before commencement\n(1) This section applies to an Aboriginal and Torres Strait Islander\nhealth practitioner, a nurse or a midwife who was declared by\nGazette notice under section 250, as in force immediately before\nthe commencement, to be approved to supply a Schedule 4 or 8\nsubstance stated in the notice in accordance with the former SSTP\nstated in the notice (an approved practitioner).\n(2) Subject to subsection (3), an approved practitioner may, in the\ncourse of practising in the approved practitioner's health profession,\nsupply the substance to another person after the commencement if\nthe former SSTP stated in the notice for the approved practitioner\ncontinues to remain in force under section 300 at the time of the\nsupply of the substance.\n(3) The approved practitioner must supply the substance in accordance\nwith:\n(a) the former SSTP; and\n(b) any conditions or limitations that were specified in the notice\nfor the approved practitioner.\n(4) An approved practitioner who is authorised to supply a Schedule 4\nor 8 substance under subsection (2) may, in the course of\n\nMedicines, Poisons and Therapeutic Goods Act 2012 161\npractising in the approved practitioner's health profession, possess\nthe substance for that purpose after the commencement.\n","sortOrder":317},{"sectionNumber":"303","sectionType":"section","heading":"COVID-19 vaccine administration protocols approved before","content":"303 COVID-19 vaccine administration protocols approved before\n(1) A former CVAP continues in force after the commencement until\nthe earlier of the following:\n(a) the approval of the former CVAP is revoked by the CHO under\nsubsection (2);\n(b) the effective period that was specified in the former CVAP\nexpires;\n(c) the day that is 2 years after the commencement.\n(2) The CHO may revoke, in writing, the approval of a former CVAP\nthat remains in force under subsection (1).\n","sortOrder":318},{"sectionNumber":"304","sectionType":"section","heading":"Transitional authority for persons authorised to deal with","content":"304 Transitional authority for persons authorised to deal with\nCOVID-19 vaccine before commencement\n(1) This section applies to a person who was authorised under\nsection 254C(1), as in force immediately before the\ncommencement, to possess, supply or administer a COVID-19\nvaccine in accordance with the former CVAP specified in the\nperson's authorisation (an approved person).\n(2) Subject to subsection (3), an approved person continues to be\nauthorised after the commencement to possess, supply or\nadminister a COVID-19 vaccine in accordance with the former\nCVAP while it continues to remain in force under section 303.\n(3) An approved person who possesses, supplies or administers a\nCOVID-19 vaccine under subsection (2) must comply with the\nperson's authorisation under the former CVAP.\n","sortOrder":319},{"sectionNumber":"305","sectionType":"section","heading":"Supply of Schedule 3 substances – authorities issued before","content":"305 Supply of Schedule 3 substances – authorities issued before\nA person who is authorised to administer a Schedule 3 substance\nto another person under a medical kit authorisation or a research\nauthorisation that is in force immediately before the commencement\nis authorised to supply, but not to sell, the substance under that\nauthority after the commencement.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 162\n","sortOrder":320},{"sectionNumber":"306","sectionType":"section","heading":"Declared places","content":"306 Declared places\nA declaration made under section 252 that is in force immediately\nbefore the commencement continues in force after the\ncommencement as if it were published on the Agency's website.\n","sortOrder":321},{"sectionNumber":"307","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"307 Offence provisions – before and after commencement\n(1) Sections 37, 38, 100, 112B and 112C, as inserted by the amending\nAct, apply only in relation to offences committed after the\n(2) Sections 37, 38 and 100, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n\nMedicines, Poisons and Therapeutic Goods Act 2012 163\nsection 212\ndefinition declared provision\nPart 2.2, other than sections 44(1) and 48(1)\nPart 2.7, other than sections 107, 108 and 114(1)\nSections 147, 165(1) and 170(1)\nPart 3.7, other than section 172(3)\nSections 190(3), 202(1), 203(2) and 205(4)\nPart 4.6, other than section 210(1)\n\nMedicines, Poisons and Therapeutic Goods Act 2012 164\nsection 220\nOriginal decision Affected person\nNotice prohibiting authorised health\npractitioner or veterinarian dealing with\nSchedule 8 substance (section 116(2))\nRefusing to issue authority\n(section 134(3) or (4))\nApplicant\nImposing conditions on authority\n(section 143(2))\nRefusing to renew authority\n(section 134(3) or (4)) as applied by\nsection 152(2))\nRefusing to transfer certificate of\nregistration (section 134(3) as applied by\nsection 154(2))\nVarying conditions of authority\n(section 157)\nRefusing to vary conditions of authority\n(section 160)\nSuspending or cancelling authority\n(section 169(2) or 171(2))\nNotice to cease employment involving\n","sortOrder":322},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"substances or pesticides","content":"Schedule 7 substances or pesticides\n(section 172(4)(d))\nEmployer and employee to whom\nnotice relates\nAmount of compensation for forfeited\nthing (section 200)\nApplicant\nGiving compliance notice (section 201) Person who receives notice\nRefusing to give authorisation\n(section 243F(5))\nRevocation of authorisation\n(section 243F(7))\n\nMedicines, Poisons and Therapeutic Goods Act 2012 165\nsection 282\nPoisons and Dangerous Drugs Act 1983 Act No. 4 of 1983\nPoisons and Dangerous Drugs (Criminal\nCode) Amendment Act 1983\nAct No. 67 of 1983\nAct 1985\nAct No. 75 of 1985\nAct 1987\nAct No. 29, 1987\nAct 1989\nAct No. 28, 1989\nAct 1990\nAct No. 18, 1990\nAct 1995\nAct No. 33, 1995\nAct (No. 2) 1995\nAct No. 58, 1995\nAct 2003\nAct No. 52, 2003\nAct 2004\nAct No. 61, 2004\nAct 2006\nAct No. 37, 2006\nTherapeutic Goods and Cosmetics Act 1986 Act No. 46 of 1986\n\nMedicines, Poisons and Therapeutic Goods Act 2012 166\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nMedicines, Poisons and Therapeutic Goods Act 2012 (Act No. 13, 2012)\nAssent date 27 April 2012\nCommenced 1 May 2014 (Gaz S22, 30 April 2014, p 12)\nMedicines, Poisons and Therapeutic Goods Amendment Act 2014 (Act No. 12, 2014)\nAssent date 16 April 2014\nCommenced 16 April 2014\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nJustice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016)\nAssent date 8 June 2016\nCommenced s 17 (to ext ins new s 15): 10 October 2016;\nrem: 18 July 2016 (Gaz S67, 18 July 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\n\nMedicines, Poisons and Therapeutic Goods Act 2012 167\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nMedical Services Amendment Act 2019 (Act No. 17, 2019)\nAssent date 30 May 2019\nCommenced 31 May 2019 (s 2)\nHemp Industry Act 2019 (Act No. 25, 2019)\nAssent date 2 September 2019\nCommenced 6 May 2020 (Gaz G18, 6 May 2020, p 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nMedicines, Poisons and Therapeutic Goods Amendment Act 2021 (Act No. 1, 2021)\nAssent date 25 February 2021\nCommenced 26 February 2021 (s 2)\nMedicines, Poisons and Therapeutic Goods Legislation Amendment Act 2021 (Act\nNo. 27, 2021)\nAssent date 15 December 2021\nCommenced 16 December 2021 (s 2)\nMedicines, Poisons and Therapeutic Goods Legislation Amendment Act 2022 (Act\nNo. 25, 2022)\nAssent date 9 December 2022\nCommenced 10 December 2022 (s 2)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 19, 24, 32, 43, 44, 80,\n89, 92, 121, 125, 127, 128, 129, 183, 207, 232, 251, 252, 283 and 293.\n4 LIST OF AMENDMENTS\nss 3 – 4 amd No. 4, 2017, s 21\ns 5 amd No. 12, 2014, s 3; No. 4, 2017, s 21; No. 28, 2018, s 12; No. 17, 2019,\ns 14; No. 1, 2021, s 4; No. 27, 2021, s 4; No. 25, 2022, s 4\ns 6 rep No. 4, 2017, s 20\ns 7 amd No. 4, 2017, s 21\ns 10 amd No. 25, 2022, s 5\ns 11 rep No. 25, 2022, s 6\ns 12 amd No. 4, 2017, s 21\ns 13 rep No. 4, 2017, s 20\n\nMedicines, Poisons and Therapeutic Goods Act 2012 168\nch 1\npt 1.2\ndiv 2\nsdiv 3 hdg amd No. 4, 2017, s 21\ns 17 amd No. 4, 2017, s 21\ns 19 amd No. 12, 2014, s 4\ns 20 amd No. 4, 2017, s 21\ns 21 amd No. 4, 2017, s 21; No. 25, 2022, s 7\ns 22 amd No. 4, 2017, s 21\nch 1\npt 1.2\ndiv 2\nsdiv 4 hdg amd No. 4, 2017, s 21\ns 23 amd No. 4, 2017, s 21\ns 25 amd No. 25, 2022, s 8\ns 26 amd No. 12, 2014, s 5\ns 25 amd No. 28, 2018, s 12; No. 27, 2021, s 11\ns 28 sub No. 12, 2014, s 6\namd No. 25, 2022, s 9\ns 28A ins No. 12, 2014, s 6\nsub No. 28, 2018, s 10\namd No. 25, 2022, s 10\ns 31 amd No. 4, 2017, s 21\ns 31A ins No. 25, 2019, s 46\nss 32 – 33 amd No. 4, 2017, s 21\nch 2 hdg amd No. 4, 2017, s 21\ns 34 amd No. 12, 2014, s 7; No. 4, 2017, s 21\ns 35 amd No. 12, 2014, s 8; No. 4, 2017, s 21\nch 2\npt 2.2 hdg amd No. 4, 2017, s 21\nss 37 – 38 sub No. 25, 2022, s 11\ns 48 amd No. 25, 2022, s 12\ns 57 amd No. 4, 2017, s 21; No. 27, 2021, s 11\ns 59A ins No. 12, 2014, s 9\ns 61 amd No. 25, 2022, s 54\ns 62 sub No. 12, 2014, s 10\nrep No. 25, 2022, s 13\nch 2\nsdiv 3 hdg amd No. 25, 2022, s 54\ns 63 sub No. 12, 2014, s 11; No. 25, 2022, s 14\ns 64 amd No. 28, 2018, s 12\nsub No. 25, 2022, s 14\ns 65 amd No. 12, 2014, s 12\nrep No. 25, 2022, s 14\ns 67 amd No. 12, 2014, s 13\nrep No. 25, 2022, s 15\nch 2\nsdiv 3A hdg ins No. 25, 2022, s 16\ns 70 rep No. 12, 2014, s 15\nins No. 25, 2022, s 16\nss 70A – 70D ins No. 25, 2022, s 16\n\nMedicines, Poisons and Therapeutic Goods Act 2012 169\nch 2\nsdiv 4 hdg amd No. 12, 2014, s 14\ns 71 amd No. 12, 2014, s 16\nsub No. 25, 2022, s 17\ns 72 amd No. 12, 2014, s 17\nsub No. 25, 2022, s 17\ns 73 amd No. 4, 2017, s 21\ns 75 sub No. 25, 2022, s 18\ns 78 amd No. 25, 2022, s 19\nss 79 – 80 amd No. 4, 2017, s 21\ns 81 amd No. 27, 2021, s 11\ns 83 amd No. 27, 2021, s 11\ns 84 amd No. 27, 2021, s 5; No. 25, 2022, s 20\ns 86 amd No. 4, 2017, s 21\ns 92 amd No. 12, 2014, s 18; No. 25, 2022, s 21\ns 96 amd No. 27, 2021, s 6\npt 2.6 hdg amd No. 4, 2017, s 21\ns. 98 amd No. 4, 2017, s 21\ns 99 amd No. 12, 2014, s 19; No. 25, 2022, s 22\ns 100 amd No. 12, 2014, s 20\nsub No. 25, 2022, s 23\nch 2\npt 2.7 hdg amd No. 4, 2017, s 21\nss 101 – 105 amd No. 4, 2017, s 21\ns 109 rep No. 12, 2014, s 21\ns 110 amd No. 12, 2014, s 22; No. 3, 2026, s 43\nch 2\npt 2.7\ndiv 4A hdg ins No. 25, 2022, s 24\nss 112A –\n112C ins No. 25, 2022, s 24\ns 113 amd No. 4, 2017, s 21\nch 3 hdg amd No. 4, 2017, s 21\ns 117 amd No. 25, 2022, s 25\nss 118 – 119 amd No. 4, 2017, s 21\ns 120 amd No. 25, 2022, s 26\ns 121 amd No. 17, 2016, s 46; No. 4, 2017, s 21\ns 122 amd No. 4, 2017, s 21\ns 122A ins No. 25, 2022, s 27\ns 123A ins No. 25, 2022, s 28\ns 127 amd No. 17, 2016, s 46\ns 128 amd No. 17, 2016, s 46; No. 25, 2022, s 29\ns 129 amd No. 12, 2014, s 23; No. 17, 2016, s 46; No. 25, 2022, s 30\ns 130 amd No. 25, 2022, s 31\ns 131 amd No. 25, 2022, s 32\ns 134 amd No. 4, 2017, s 21; No. 25, 2022, s 33\ns 135 amd No. 4, 2017, s 21; No. 25, 2022, s 34\ns 136 amd No. 4, 2017, s 21\ns 136A ins No. 25, 2022, s 35\ns 140 sub No. 25, 2022, s 36\ns 141 and No. 25, 2022, s 37\nss 142 – 143 amd No. 4, 2017, s 21\ns 144 amd No. 12, 2014, s 24; No. 4, 2017, s 21\ns 145A ins No. 25, 2022, s 38\ns 182 amd No. 8, 2016, s 45\ns 193 amd No. 26, 2020, s 3\n\nMedicines, Poisons and Therapeutic Goods Act 2012 170\ns 203 amd No. 4, 2017, s 21\ns 206 amd No. 4, 2017, s 21\ns 207 sub No. 27, 2021, s 7\ns 215 amd No. 26, 2015, s 75\ns 219 amd No. 4, 2017, s 21\ns 228 amd No. 3, 2026, s 44\ns 230 amd No. 25, 2022, s 39\ns 236 amd No. 3, 2026, s 45\nch 7\npt 7.1AA hdg ins No. 27, 2021, s 8\nch 7\ndiv 1 hdg ins No. 27, 2021, s 8\nss 243A –\n243B ins No. 27, 2021, s 8\nch 7\ndiv 2 hdg ins No. 27, 2021, s 8\nss 243C –\n243E ins No. 27, 2021, s 8\nch 7\ndiv 3 hdg ins No. 27, 2021, s 8\nss 243F –\n243G ins No. 27, 2021, s 8\nch 7\ndiv 4 hdg ins No. 27, 2021, s 8\nss 243H –\n243L ins No. 27, 2021, s 8\nch 7\ndiv 5 hdg ins No. 27, 2021, s 8\nss 243M –\n243Q ins No. 27, 2021, s 8\ns 244 amd No. 25, 2022, s 40\nch 7\npt 7.2\ndiv 1 hdg amd No. 4, 2017, s 21\ns 245 amd No. 25, 2022, s 41\ns 246 amd No. 25, 2022, s 42\nss 247 – 248 rep No. 25, 2022, s 43\ns 249 amd No. 12, 2014, s 25\nrep No. 25, 2022, s 43\ns 250 amd No. 12, 2014, s 26; No. 28, 2018, s 12\nrep No. 25, 2022, s 43\ns 251 amd No. 4, 2017, s 21; No. 25, 2022, s 44\ns 252 amd No. 27, 2014, s 57; No. 25, 2022, s 45\ns 253 amd No. 25, 2022, s 46\ns 254 amd No. 12, 2014, s 27; No. 28, 2018, s 11\nsub No. 25, 2022, s 47\nch 7\npt 7.2\ndiv 1A hdg ins No. 1, 2021, s 5\nrep No. 25, 2022, s 48\nss 254A –\n254C ins No. 1, 2021, s 5\nrep No. 25, 2022, s 48\n\nMedicines, Poisons and Therapeutic Goods Act 2012 171\ns 257 amd No. 4, 2017, s 21; No. 25, 2022, s 49\ns 261 amd No. 12, 2014, s 28\ns 266 amd No. 25, 2022, s 50\ns 268 amd No. 25, 2022, s 51\ns 269 amd No. 25, 2022, s 52\ns 279 amd No. 4, 2017, s 21\ns 281 amd No. 12, 2014, s 29; No. 4, 2017, s 21\ns 283 amd No. 12, 2014, s 30; No. 4, 2017, s 21\ns 294 exp No. 13, 2012, s 294(5)\nch 9\npt 9.3 hdg ins No. 26, 2015, s 76\ns 295 exp No. 13, 2012, s 305\nins No. 26, 2015, s 76\nch 9\npt 9.4 hdg ins No. 27, 2021, s 9\nss 296 – 298 exp No. 13, 2012, s 305\nins No. 27, 2021, s 9\nch 9\npt 9.5 hdg ins No. 25, 2022, s 53\nss 299 – 307 ins No. 25, 2022, s 53\nch 10 hdg exp No. 13, 2012, s 305\npt 10.1 hdg exp No. 13, 2012, s 305\nss 299 – 303 exp No. 13, 2012, s 305\npt 10.2 hdg exp No. 13, 2012, s 305\ns 304 exp No. 13, 2012, s 305\npt 10.3 hdg exp No. 13, 2012, s 305\ns 305 exp No. 13, 2012, s 305\nsch 1 amd No. 12, 2014, s 31\nsch 2 amd No. 27, 2021, s 10\nsch 4 exp No. 13, 2012, s 305","sortOrder":323}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has materially expanded since its original 2012 framing as territorial poisons and dangerous drugs legislation. Subsequent amendments and insertions have broadened scope in several ways: (1) it now adopts and modifies the Commonwealth Therapeutic Goods Act and the national Poisons Standard as applied provisions for the Territory (Part 6, sections 230–236), moving from a purely Territory poisons regime to closer integration with national therapeutic goods regulation; (2) it establishes a monitored medicines database with mandatory reporting and access rules (ss243A–243Q), creating continuous electronic surveillance and data‑sharing obligations that did not exist in the original Act; (3) it introduces Scheduled substance treatment protocols (SSTPs) to formally delegate certain supply and administration powers to prescribed practitioners and healthcare workers under CHO‑approved protocols (ss70B–70D), expanding practical authorisation pathways; (4) it increases CHO discretion through expanded powers to declare restricted substances, grant exemptions and emergency authorisations (ss245–246, 251), and to regulate access in remote communities (s253). These changes extend the Act beyond narrow control of poisons toward active clinical governance, data collection and alignment with Commonwealth therapeutic goods regulation, increasing administrative complexity and the reach of CHO decision‑making."},"complexity_factors":["Comprehensive length and structure: the Act contains 300+ sections across 9 Chapters with multiple Parts, Divisions and Subdivisions (Chapters 1–9 and many subdivisions).","Large number of defined terms and cross-references: detailed definitions in section 5 and many provisions importing or deferring to the national Poisons Standard and the Commonwealth Therapeutic Goods Act (sections 14–16, 229–236).","Multiple, different types of authorities and authorisations to obtain and manage (section 117 lists 11 authority types; separate application, renewal, transfer, variation, suspension and cancellation regimes in Parts 3.2–3.6).","Nested conditional rules and exceptions: many permissions depend on being an 'authorised health practitioner', holding a particular certificate/licence, CHO approvals, codes of practice, or specific SSTP approvals (see sections 55, 57, 70B–70D, 143, 244–254).","Extensive enforcement detail with mixed fault standards: offences include strict liability and fault-based offences, separate corporate and executive liability rules and detailed seizure/forfeiture procedures (see Chapters 4 and 4.7, sections 185–199, 212–216).","Integration with Commonwealth law and administrative law: applied provisions from the Therapeutic Goods Act and Commonwealth administrative laws create multi‑jurisdictional interpretation and procedural layers (Part 6, sections 230–236, 239–241).","New reporting and data regime complexity: the monitored medicines database (ss243A–243Q) introduces reporting, authorised access classes, data-sharing agreements and offences for misuse, which create operational and privacy complexity.","CHO discretion and delegated powers: broad discretionary powers to issue exemptions, declare restricted substances and approve SSTPs coupled with delegated decision processes (sections 245–246, 254, 259).","Significant transitional and amendment history: many amendments and transitional provisions (Part 9 and endnotes) mean practitioners must track historical authorisations and carry‑over rules.","Multiple stakeholder types and role‑specific obligations: separate obligations and processes for prescribers, pharmacists, pharmacists supplying on interstate prescriptions, veterinarians, manufacturers, wholesalers, retailers, pest technicians and data source entities (scattered across Parts 2–7)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a regulatory framework for \"Scheduled substances\" (drugs, poisons, pesticides and certain therapeutic goods) by reference to the national Poisons Standard (the medicines and poisons standard) and by categorising substances into Schedules (for example Schedule 2, 3, 4, 8, 9) (see sections 7, 14–16).\n\n- Controls who may manufacture, wholesale, retail, possess, supply, administer, prescribe, store, transport and destroy those substances. Many activities require a specific authority (certificate, licence or authorisation) issued and managed by the Chief Health Officer (CHO) (see sections 17, 34–36, 117, 121–127, 129–130).\n\n- Sets out who may prescribe and supply particular classes of medicines (for example, which health practitioners may issue prescriptions for Schedule 4 and Schedule 8 substances) and places quantity, timing and record-keeping limits on prescriptions and supplies (see sections 81–91, 93–96).\n\n- Creates a range of administrative authorisations that license or permit handling of substances: manufacturer and wholesaler certificates, retailer licences, Schedule 3/4/7/8 authorisations, research and medical kit authorisations, prohibited substance authorisations and more (see sections 117, 121–130).\n\n- Gives the CHO powers to make codes of practice, exemptions, declarations (for example to declare restricted Schedule 4 or 8 substances), emergency authorisations and to approve treatment protocols that allow specified practitioners to administer or supply medicines under a protocol (SSTP) (see sections 244–246, 251, 254, 70B–70D).\n\n- Provides enforcement powers (search, entry, seizure, compliance notices), procedural protections (show cause process; review and appeal to the Local Court), offence provisions and penalties for non‑compliance (see Chapters 4 and 5, notably sections 180–187, 201–203, 166–171, 220–227).\n\n- Adopts the Commonwealth Therapeutic Goods Act (with modifications) as a Territory law for regulation of therapeutic goods and links Territory enforcement and administrative processes to Commonwealth mechanisms (see sections 230–236 and Part 6 generally).\n\n- Establishes a monitored medicines database (monitored medicines = Schedule 8 and any other scheduled substances prescribed by regulation) requiring prescribers, pharmacists and approved data sources to provide information about recordable prescriptions and supplies, creates access rules and criminal offences for misuse of the database (see sections 243A–243Q).\n\nWho is affected\n\n- Health practitioners (doctors, nurses, nurse practitioners, endorsed midwives, dentists, pharmacists, optometrists, podiatrists, Aboriginal and Torres Strait Islander health practitioners, paramedics) and veterinarians — in their roles as prescribers, administrators, dispensers and authorised holders (see sections 23–28A, Part 2.3 and Part 2.4).\n- Pharmacists, pharmacy owners and pharmacy staff — licensing, supply, record-keeping and reporting obligations, plus obligations to check the monitored medicines database before prescribing or supplying in many circumstances (see sections 56–61, 93–97, 243E, 243K).\n- Manufacturers, wholesalers and retailers of scheduled products — must hold certificates or licences and meet storage and security conditions (see sections 34–36, 121–124, 135–136).\n- Health services, hospitals, residential care and declared places — special rules on storage, witnessing administration, supply orders and administration orders apply (see sections 92, 98–100, Part 2.6).\n- Employers and workers using pesticides or Schedule 7 substances — licensing, medical examination powers and restrictions (see sections 126, 172, 42–44).\n- The CHO and authorised officers — broad administrative, enforcement and information powers including publishing notices, exemptions and registers (see sections 243D, 245–246, 255–256, 274–277).\n- Patients and the public — subject to controls on access to controlled medicines and surveillance via the monitored medicines database (see sections 3, 243C–243K).\n\nWhy it matters (official rationale, then practical trade-offs)\n\n- Official rationale: the Act's declared main object is to \"promote and protect public health and safety\" by minimising accidental and deliberate poisoning, adverse events from therapeutic goods, manufacture and diversion of substances of abuse (section 3). The monitored medicines database and prescription/supply controls are means to detect, prevent and manage misuse and harm (see sections 3, 243C).\n\n- Practical trade-offs, incentives and implementation points to note (mechanisms and references):\n  - Compliance cost and regulatory burden: businesses that manufacture, wholesale or retail scheduled substances must obtain and maintain certificates/licenses and meet security, storage and reporting conditions (sections 34–36, 121–136, 143–146). That creates overheads (application, record-keeping, secure premises, audits) that fall on private providers and may raise barriers to entry for smaller operators (see sections 131–136, 143–146).\n  - Concentrated benefits and regulatory rents: holders of authorities gain exclusive lawful channels to manufacture, supply and wholesale substances. The CHO's discretionary power to issue, vary, suspend or revoke authorities (sections 134, 157, 166–171) centralises decision-making and can concentrate commercial advantage in authorised entities while excluding others.\n  - Data collection and privacy/surveillance trade-off: the monitored medicines database requires prescribers, pharmacists and approved data sources to report prescriptions and dispensings (sections 243C–243E). That improves visibility over controlled medicine flows but creates privacy risks and operational requirements (secure transmission, data storage, authorised access controls at sections 243F–243G, and criminal penalties for misuse at section 243L).\n  - Administrative discretion and legal risk: the CHO may declare restricted schedules, make emergency authorisations, approve SSTPs and issue exemptions (sections 245–246, 251, 254). These are flexible tools to respond to clinical or public-health needs but rely on exercise of administrative judgement; business and practitioners face uncertainty while CHO policies evolve.\n  - Clinical delegation and workforce effects: the SSTP mechanism (sections 70B–70D) authorises specified non‑medical health workers to administer or supply medicines under protocols. This reduces dependence on doctors in some settings (particularly remote communities) but requires CHO-approved protocols and training, shifting clinical risk and supervisory obligations onto protocol authors and CHO oversight.\n  - Impact on remote and small communities: the CHO can approve pharmacists to supply on interstate prescriptions or approve exemptions where remoteness prevents ready access (sections 253, 251). Those tailored mechanisms reduce access barriers but rely on conditional CHO approvals.\n  - Enforcement and criminal exposure: the Act creates a mix of strict‑liability and fault‑based offences, with substantial maximum penalties (for example, manufacturing/wholesale without registration: 200 penalty units or 2 years imprisonment — sections 34–35). Corporate executive liability provisions (section 215) extend exposure in organisational contexts.\n  - Interaction with national law: the Act imports the Commonwealth Therapeutic Goods Act and Poisons Standard as applied provisions (sections 14–16, 230–236). That creates a largely national regulatory baseline but preserves Territory‑level conditions (section 30), producing a two‑tier compliance landscape where both Commonwealth instruments and Territory modifications matter.\n\nConcrete implementation risks and opportunity costs\n\n- Resource needs for CHO and authorised officers to process applications, supervise authorities, run the monitored database and enforce compliance; under‑resourcing could slow authorisations or inspections (see sections 131–134, 243C–243D, Part 4).\n- Data interoperability and cybersecurity costs for the monitored medicines database and for sharing with other States/Territories (sections 243D, 243P).\n- Potential supply constraints if licensing conditions or distance‑based restrictions (e.g. retailer prohibition within 25 km of a pharmacy at section 145) interact with local market structures.\n- Risk of substitution to unregulated channels if legitimate access is made difficult; enforcement penalties aim to deter that but detection depends on reporting and inspections (sections 201–206, 197–199).\n\nKey sections to scan quickly if you work in this area\n\n- Definitions and Schedules: sections 5, 7, 14–16.\n- Authorities and who needs them: sections 117, 121–130, 143–147.\n- Who can prescribe/supply and prescription rules: sections 55, 56–61, 81–91, 93–97.\n- CHO powers (codes, declarations, exemptions, emergency powers): sections 244–246, 251, 254.\n- Monitored medicines database (reporting, access and offences): sections 243A–243Q.\n- Enforcement: entry, seizure and compliance powers: sections 180–187, 201–206; penalties in Parts 2 and 4.\n- Interaction with Commonwealth law and Therapeutic Goods Act: Part 6 (sections 228–236 and following)."},"kimi_summary":{"_metrics":{"completionTokens":690},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive regulatory scheme for medicines, poisons and therapeutic goods. While it has been amended multiple times (notably in 2014, 2017, 2021 and 2022), these amendments appear to refine and update the existing framework rather than expand beyond its original purpose. The addition of the monitored medicines database (2021) and SSTP provisions (2022) represent modernisation of existing regulatory tools rather than scope creep."},"complexity_factors":["Extensive cross-referencing with the national medicines and poisons standard (SUSMP) and Health Practitioner Regulation National Law","Multiple overlapping authorisation types (certificates of registration, licences, specific substance authorisations) with different conditions","Nested definitions creating multiple layers of classification (e.g., restricted vs unrestricted Schedule 4 and 8 substances)","Complex transitional provisions preserving old authorities under repealed legislation","Detailed evidentiary and procedural rules for enforcement including seizure, forfeiture and review mechanisms","Incorporation of Commonwealth Therapeutic Goods Act with modifications as Territory law","Multiple exceptions and defences throughout, including reasonable excuse provisions and emergency provisions","Specific witnessing and recording requirements for Schedule 8 administration in institutional settings"],"plain_english_summary":"The Act is the Northern Territory’s primary law regulating medicines, poisons and therapeutic goods, replacing the 1983 Act and using national Schedules to control access from pharmacy sales to prohibited substances. It affects manufacturers, wholesalers, retailers, health practitioners and others who must be authorised or licensed.\n\nKey features include a monitored database for controlled drugs, treatment protocols allowing non-prescribers to administer medicines, CHO emergency powers, adoption of Commonwealth therapeutic goods law, and enforcement with seizure powers and criminal penalties."}},"importantCases":[],"_links":{"self":"/api/acts/medicines-poisons-and-therapeutic-goods-act-2012","history":"/api/acts/medicines-poisons-and-therapeutic-goods-act-2012/history","analysis":"/api/acts/medicines-poisons-and-therapeutic-goods-act-2012/analysis","conflicts":"/api/acts/medicines-poisons-and-therapeutic-goods-act-2012/conflicts","importantCases":"/api/acts/medicines-poisons-and-therapeutic-goods-act-2012/important-cases","documents":"/api/acts/medicines-poisons-and-therapeutic-goods-act-2012/documents"}}