Part 4General offences

Part 4—General offences 13—Manufacture and packing (1) A person must not manufacture or pack a poison, medicine or medical device to which this section applies unless the person— (a) is a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession; or (2) This section applies to such poisons (other than prescription drugs), medicines or medical devices as may be prescribed, individually or by class, by the regulations. (3) In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant. manufacture— (a) in relation to a substance, means undertake any process by which the substance is extracted, produced, refined, separated into discrete units or otherwise prepared; and (b) in relation to a device, means undertake any process by which the device is produced. 14—Sale by wholesale (1) A person must not sell by wholesale a poison, medicine or medical device to which this section applies unless the person— (a) is a pharmacist acting in the ordinary course of his or her profession; or (2) This section applies to such poisons (other than prescription drugs), medicines or medical devices as may be prescribed, individually or by class, by the regulations. (3) In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant. 15—Sale or supply to end user (1) A person must not sell by retail or supply to a person a poison, medicine or medical device to which this section applies unless the person— (a) is a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession; or (2) This section applies to such poisons (other than prescription drugs), medicines or medical devices as may be prescribed, individually or by class, by the regulations. (3) In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant. 16—Sale of certain poisons (1) A person must not sell a poison to which this section applies to a person under the age of 18 years. (2) A person must not sell a poison to which this section applies— (a) unless the purchaser is known to the vendor; or (b) unless the purchaser produces satisfactory evidence of his or her identity. (3) If a person seeks to purchase a poison to which this section applies, the vendor must ask the prospective purchaser the purpose for which the poison is required, and must not proceed with the sale unless the question is satisfactorily answered. (4) A person who sells poisons to which this section applies must keep prescribed records. (5) This section applies to such poisons as may be prescribed, individually or by class, by the regulations. 17—Sale of poisons the possession of which requires a licence A person must not sell a poison the possession of which requires a licence under this Act unless the purchaser produces his or her licence. 17A—Manufacture, sale, supply or possession of certain precursors (1) A person must not, unless he or she holds a permit from the Minister to do so, manufacture, sell or supply a poison to which this section applies (a section 17A precursor). Maximum penalty: $15 000 or imprisonment for 3 years, or both. (2) A person must not, unless he or she holds a permit from the Minister to do so, be in possession of a section 17A precursor. Maximum penalty: $10 000 or imprisonment for 2 years, or both. (3) A person must not sell a section 17A precursor unless the purchaser produces the permit under which the person is entitled to be in possession of the section 17A precursor. Maximum penalty: $10 000 or imprisonment for 2 years, or both. (4) This section applies to such poisons as may be prescribed, individually or by class, by the regulations. 17B—Storage and sale of certain precursors (1) A person must not sell a poison to which this section applies (a section 17B precursor) to another person unless— (a) the purchaser holds an account with the seller; and (b) the sale is transacted as a sale on account pursuant to a duly completed order form supplied by the purchaser; and (c) the order form is accompanied by a duly completed end user statement in the form prescribed by regulation; and (d) the person collecting the precursor produces his or her driver's licence, passport or other satisfactory evidence of the person's identity that includes a photograph; and (e) the seller is satisfied that the person collecting the precursor is the purchaser or is acting on behalf of the purchaser; and (f) the seller duly completes the seller's section of the end user statement. Maximum penalty: $10 000 or imprisonment for 3 years, or both. (2) A seller of section 17B precursors— (a) must, in relation to each sale of such a precursor, keep a record of— (i) the name and address of the purchaser; and (ii) the name of the precursor and the quantity sold; and (iii) the date of the sale; and (b) must retain an end user statement for at least 5 years after the date of the sale to which it relates; and (c) must make the record referred to in paragraph (a) and the end user statements available for inspection at any time by an authorised officer. Maximum penalty: $10 000 or imprisonment for 3 years, or both. (3) A seller of section 17B precursors must, if at any time he or she forms a suspicion that an order or enquiry for the purchase of such a precursor may be connected to an unlawful use of the precursor, inform the Commissioner of Police of the suspicion. Maximum penalty: $1 000 or imprisonment for 12 months, or both. (4) A seller of section 17B precursors— (a) must keep those precursors in storage that is secure from access by any person other than the seller or a person who is authorised in writing by the seller to have such access; and (b) must retain such a written authorisation while it is current and for at least 5 years after it ceases to have effect and make it available for inspection at any time by an authorised officer; and (c) must cause the stock of those precursors to be checked, after each sale, by some person other than the person who directly handled the sale. Maximum penalty: $1 000 or imprisonment for 12 months, or both. (5) This section does not apply in relation to the sale of a section 17B precursor if the sale— (a) is of a section 17B precursor contained in a preparation designed, packaged and labelled for human or animal therapeutic use; and (b) is made to, or by, a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession. (6) This section applies to such poisons as may be prescribed, individually or by class, by the regulations. 17C—Regulation of sale of certain precursors (1) A person must not sell a poison to which this section applies (a section 17C precursor) to another person unless— (a) the purchaser provides the seller with a duly completed end user statement in the form prescribed by regulation; and (b) the purchaser produces his or her driver's licence, passport or other satisfactory evidence of the person's identity that includes a photograph; and (c) the seller duly completes the seller's section of the end user statement. Maximum penalty: $10 000 or imprisonment for 3 years, or both. (2) A seller of section 17C precursors must, if at any time he or she forms a suspicion that an order or enquiry for the purchase of such a precursor may be connected to an unlawful use of the precursor, inform the Commissioner of Police of the suspicion. Maximum penalty: $1 000 or imprisonment for 12 months, or both. (3) This section does not apply in relation to the sale of a section 17C precursor if the sale— (a) is of a section 17C precursor contained in a preparation designed, packaged and labelled for human or animal therapeutic use; and (b) is made to, or by, a registered health practitioner or veterinary surgeon acting in the ordinary course of his or her profession. (4) This section applies to such poisons as may be prescribed, individually or by class, by the regulations. 18—Regulation of prescription drugs (1) A person must not prescribe a prescription drug (not being a drug of dependence) except as follows: (a) a registered health practitioner may prescribe a prescription drug (not being a drug of dependence) for a person if he or she is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to prescribe a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to prescribe the drug by the regulations; (b) a veterinary surgeon may prescribe a prescription drug (not being a drug of dependence) for an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; (c) a person may prescribe a prescription drug (not being a drug of dependence) for a person or an animal if licensed to do so by the Minister. (1a) A person must not sell a prescription drug (not being a drug of dependence) by wholesale except as follows: (a) a pharmacist may sell a prescription drug (not being a drug of dependence) by wholesale if the pharmacist is acting in the ordinary course of the pharmacist's profession; (b) a person may sell a prescription drug (not being a drug of dependence) by wholesale if licensed to do so by the Minister. (1b) A person must not sell a prescription drug (not being a drug of dependence) by retail except as follows: (a) a pharmacist may sell a prescription drug (not being a drug of dependence) by retail if the pharmacist— (i) is dispensing the drug on the prescription of a person of a class authorised to prescribe the drug; and (ii) is acting in the ordinary course of the pharmacist's profession; (b) a registered health practitioner may sell a prescription drug (not being a drug of dependence) by retail if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to sell a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to sell the drug by the regulations; (c) a veterinary surgeon may sell a prescription drug (not being a drug of dependence) by retail if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; (d) a person may sell a prescription drug (not being a drug of dependence) by retail if the person is licensed to do so by the Minister. (1c) A person must not supply a prescription drug (not being a drug of dependence) to another person except as follows: (a) a pharmacist may supply a prescription drug (not being a drug of dependence) to a person if the pharmacist— (i) is dispensing the drug on the prescription of a person of a class authorised to prescribe the drug; and (ii) is acting in the ordinary course of the pharmacist's profession; (b) a registered health practitioner may supply a prescription drug (not being a drug of dependence) to a person if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to supply a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to supply the drug by the regulations; (c) a veterinary surgeon may supply a prescription drug (not being a drug of dependence) to a person for an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; (d) a person may supply a prescription drug (not being a drug of dependence) to another person if licensed to do so by the Minister. (1d) A person must not administer a prescription drug (not being a drug of dependence) to another person or an animal except as follows: (a) a registered health practitioner may administer a prescription drug (not being a drug of dependence) to a person if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to administer a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to administer the drug by the regulations; (b) a veterinary surgeon may administer a prescription drug (other than a drug of dependence) to an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; (c) a person may administer a prescription drug (not being a drug of dependence) to another person if— (i) the person is licensed to do so by the Minister; or (ii) the drug has been lawfully prescribed for, or supplied to, that other person; (d) a person may administer a prescription drug (not being a drug of dependence) to an animal if— (i) the person is licensed to do so by the Minister; or (ii) the drug has been lawfully prescribed or supplied for that animal. (1e) A person must not manufacture or pack a prescription drug (not being a drug of dependence) except as follows: (a) a pharmacist may manufacture or pack a prescription drug (not being a drug of dependence) if the pharmacist is acting in the ordinary course of the pharmacist's profession; (b) a registered health practitioner may manufacture or pack a prescription drug (not being a drug of dependence) if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to sell, supply or administer a scheduled medicine or class of scheduled medicines, the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement and the manufacture or packing is incidental to the sale, supply or administration of the drug; or (iii) the practitioner is authorised to manufacture or pack the drug by the regulations; (c) a veterinary surgeon may manufacture or pack a prescription drug (not being a drug of dependence) if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; (d) a person may manufacture or pack a prescription drug (not being a drug of dependence) if licensed to do so by the Minister; (e) a person may manufacture or pack a prescription drug (not being a drug of dependence) if— (i) the drug has been lawfully prescribed for the person, another person or an animal; and (ii) the manufacture or packing is incidental to the administration of the drug as so prescribed. (2) A person must not prescribe a prescribed prescription drug unless the person has the qualifications or meets the requirements specified in the regulations for the purposes of this subsection. (3) A person must not have in his or her possession a prescription drug (not being a drug of dependence) unless he or she— (a) is the person, or is acting on behalf of the person, for whom the drug has been lawfully prescribed or supplied; or (b) is the owner, or is acting on behalf of the owner, of an animal for whom the drug has been lawfully prescribed or supplied; or (c) is a person authorised by law to sell or supply prescription drugs; or (d) is licensed to do so by the Minister; or (e) has other lawful authority or reasonable excuse for doing so. (4) In proceedings for an offence against subsection (1) or (3), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority and, in the case of a complaint for an offence against subsection (3), without reasonable excuse, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant. manufacture, in relation to a substance, means undertake any process by which the substance is extracted, produced, refined, separated into discrete units or otherwise prepared. 18A—Restriction of prescription or supply of drug of dependence in certain circumstances (a1) A person must not prescribe for a person or an animal a drug of dependence except as follows: (a) a registered health practitioner may prescribe a drug of dependence for a person if the practitioner is acting in the ordinary course of the practitioner's profession and— (ii) the practitioner is a registered health practitioner whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to prescribe a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to prescribe the drug by the regulations; (b) a veterinary surgeon may prescribe a drug of dependence for an animal if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession. (1) A registered health practitioner must not prescribe any drug of dependence for, or supply any drug of dependence to— (a) a person for regular use by the person during a period exceeding 2 months, or during a period that, together with any other period for which a drug of dependence has, to the practitioner's knowledge, been prescribed or supplied by a registered health practitioner, would result in drugs of dependence being regularly used by the person during a period exceeding 2 months; or (b) a person who the practitioner knows or has reasonable cause to believe is dependent on drugs, unless the practitioner prescribes or supplies the drug in accordance with an authority granted by the Minister under this section or in circumstances that are exempted from this subsection by the regulations. Maximum penalty: $4 000 or imprisonment for 4 years. (2) For the purposes of this section, a person is dependent on drugs if— (a) the person— (i) has acquired, as a result of the repeated administration of prescription drugs or controlled drugs, an overpowering desire for the continued administration of such drugs; and (ii) is likely to suffer mental or physical distress or disorder on cessation of the administration of such drugs; or (b) the person has a history of consuming or using prescription drugs or controlled drugs in a quantity or manner that— (i) in the case of drugs lawfully supplied to the person—is contrary to the prescribing practitioner's instructions relating to consumption or use of the drug; and (ii) in any case—presents a risk to the person's health. (3) An application for the authority of the Minister to prescribe or supply a drug of dependence under this section must— (a) be made in a manner and form approved by the Minister by the registered health practitioner who proposes to prescribe or supply the drug; and (b) include such information as the Minister may require. (4) The Minister may give an authority to the registered health practitioner by whom any such application is made to prescribe for or supply to the person to whom the application relates a drug of dependence specified in the authority for therapeutic purposes. (5) An authority to prescribe or supply a drug of dependence— (a) will be given in a manner and form determined by the Minister; and (b) will specify— (i) the quantity of the drug of dependence that may be so prescribed or supplied by the registered health practitioner to whom the authority is given; and (ii) the period for which any such drug may be so prescribed or supplied. (6) In the case of an emergency the Minister may issue a registered health practitioner authorised to prescribe a drug of dependence a temporary authority to prescribe or supply a drug of dependence under this section. (7) A temporary authority— (a) may be applied for, and given, orally; and (b) cannot operate in respect of a period longer than 2 months. (8) An authority or temporary authority given under this section— (a) may be subject to such conditions as the Minister thinks fit; and (b) may be varied or revoked by the Minister at any time by notice given to the holder of the authority or temporary authority in a manner and form determined by the Minister. 19—Sale or supply of volatile solvents (1) A person must not sell or supply a volatile solvent to another person if he or she suspects, or there are reasonable grounds for suspecting, that the other person— (a) intends to inhale the solvent; or (b) intends to sell or supply the solvent to a further person for inhalation by that further person. (2) If a person, acting at the request of another person, purchases a volatile solvent on behalf of the other person for the purpose of inhalation, the person is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (3) A person must not sell or supply a volatile solvent to which this subsection applies to a person under the age prescribed for the volatile solvent. (4) Subsection (3) applies to such volatile solvents as may be prescribed, individually or by class, by the regulations. (5) An authorised officer may confiscate a volatile solvent (together with its container) found in the possession of a person if the authorised officer has reason to suspect that the person has the solvent for the purpose of inhalation. (6) Anything confiscated under subsection (5) is forfeited to the Crown and may be sold, destroyed or otherwise disposed of as the Minister or the Commissioner of Police directs. 20—Prohibition of automatic vending machines (1) A person must not— (a) whether on premises of which the person is the owner or in any other place— (i) install an automatic vending machine for the sale or supply of a poison, medicine or medical device; or (ii) sell or supply a poison, medicine or medical device by means of an automatic vending machine; or (b) permit or suffer any such vending machine to be installed or operated on premises of which he or she is the owner. (2) This section does not apply to a poison, medicine or medical device prescribed, or of a class prescribed, by regulation or in circumstances prescribed by regulation. 21—Sale, supply, possession or administration of other potentially harmful substances or devices (1) The Minister may, by notice published in the Gazette, prohibit the sale, supply, possession or administration of— (a) any substance or device specified in the order, being a substance or device that should not, in the Minister's opinion, be sold, supplied, possessed or administered pending evaluation of its harmful properties; and (b) in the case of a substance, any preparation containing that substance. (2) A person must not contravene a notice published under subsection (1). (3) The Minister may, by notice published in the Gazette, vary or revoke a notice published under subsection (1). (4) On publishing a notice under this section, the Minister must refer the subject matter of the notice to the Advisory Council for its consideration. 22—Possession (1) A person must not have in his or her possession a poison to which this section applies unless licensed to do so by the Minister. (2) This section applies to such poisons (other than drugs of dependence) as may be prescribed, individually or by class, by the regulations. 23—Quality (1) A person must not sell by wholesale or by retail or supply a poison, medicine or medical device that does not conform with the regulations. (2) It is a defence for a person charged with an offence against this section to prove that he or she did not know and could not, by the exercise of reasonable diligence, have known that the subject matter of the offence did not conform with the regulations. 24—Packaging and labelling A person must not sell by wholesale or by retail or supply to a person a poison, medicine or medical device unless— (a) it is enclosed in a package or container; and (b) the package or container conforms with the regulations; and (c) the package or container is labelled in accordance with the regulations. 25—Storage A person must not store a poison, medicine or medical device contrary to the regulations. 26—Transport A person must not transport a poison, medicine or medical device contrary to the regulations. 27—Use A person must not— (a) use a poison, medicine or medical device for a purpose or in a manner prohibited by the regulations; or (b) sell, supply, prescribe, or purchase a poison, medicine or medical device for a purpose prohibited by the regulations. 28—Prohibition of advertisement (1) A person must not advertise that a poison, controlled drug, medicine or medical device to which this section applies is available for sale or supply. (2) This section applies to such poisons, controlled drugs, medicines and medical devices as may be prescribed, individually or by class, by the regulations. 29—Regulation of advertisement A person must comply with the regulations in advertising that a poison, medicine or medical device is available for sale or supply. 30—Forgery etc of prescriptions (1) A person must not forge or fraudulently alter or utter a prescription or other document, or have in his or her possession such a prescription or document knowing it to be forged or fraudulently altered, with a view to obtaining a prescription drug. Maximum penalty: $15 000 or imprisonment for 5 years. (2) A person must not knowingly, by false representation, obtain— (a) a prescription drug; or (b) a prescription for a prescription drug. (2a) A person must not, in or in connection with obtaining a prescription drug, give to the person prescribing or supplying the drug a name or address that is false. (3) A pharmacist must retain any prescription or other document that he or she has reasonable cause to believe has been forged or fraudulently altered and must forthwith deliver any such prescription or document to the Commissioner of Police.