Part 5Offences relating to controlled drugs, precursors and plants

Part 5—Offences relating to controlled drugs, precursors and plants Division 1—Preliminary 31—Application of Part (1) This Part does not apply to— (a) the manufacture, sale or supply of a poison, or the sale or supply of equipment for use in connection with the consumption or administration of a poison, by a pharmacist if the pharmacist is acting in the ordinary course of the pharmacist's profession; or (ab) the sale by retail of a poison, or of equipment for use in connection with the consumption or administration of a poison, by a registered health practitioner 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 poison is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to sell the poison by the regulations; or (ac) the supply of a poison, or of equipment for use in connection with the consumption or administration of a poison, by a registered health practitioner 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 poison is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to supply the poison by the regulations; or (ad) the administration of a poison by a registered health practitioner 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 poison is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or (iii) the practitioner is authorised to administer the poison by the regulations; or (ae) the manufacture, sale, supply or administration of a poison, or the sale or supply of equipment for use in connection with the consumption or administration of a poison, by a veterinary surgeon if the veterinary surgeon is acting in the ordinary course of the veterinary surgeon's profession; or (af) the possession of a poison or equipment if that possession is incidental to an activity described in a preceding paragraph; or (ag) the cultivation or sale of a plant, the manufacture, sale, supply, administration or possession of a substance or the sale, supply or possession of equipment by a person who is acting in accordance with a licence or permit issued under this Act; or (ah) the cultivation, processing, possession, sale or supply of a plant, or the sale, supply or possession of a substance by a person who is acting in accordance with the Industrial Hemp Act 2017; or (ai) the possession of industrial hemp that is cultivated or supplied pursuant to a licence under the Industrial Hemp Act 2017; or (b) the possession of a relevant controlled drug, or of equipment for use in connection with the consumption or administration of a relevant controlled drug, by— (i) a person— (A) for whom the drug has been lawfully prescribed; or (B) to whom the drug has been lawfully supplied for the purpose of consumption or administration by the person; or (ii) a person— (A) being the owner of an animal for whom the drug has been lawfully prescribed; or (B) to whom the drug has been lawfully supplied for the purpose of consumption by or administration to an animal owned by the person; or (iii) a person acting on behalf of a person referred to in subparagraph (i) or (ii); or (c) the administration or supply, or the giving of permission for the administration or supply, of a relevant controlled drug to a person— (i) for whom the drug has been lawfully prescribed; or (ii) to whom the drug has been lawfully supplied for the purpose of consumption or administration by the person; or (d) the consumption or administration of a relevant controlled drug by a person— (i) for whom the drug has been lawfully prescribed; or (ii) to whom the drug has been lawfully supplied for the purpose of consumption or administration by the person. (2) In proceedings for an offence against this Part, subsection (1) is to be treated as providing exceptions, and no proof will be required in relation to any exception by the prosecution but the application of an exception will be a matter for proof by the defendant. industrial hemp has the same meaning as in the Industrial Hemp Act 2017; relevant controlled drug means a controlled drug other than a controlled drug of a kind excluded from this definition by regulation. Division 2—Commercial offences