78Authorising administration of Schedule 4, 8 or 9 poison—registered medical practitioner

78 Authorising administration of Schedule 4, 8 or 9 poison—registered medical practitioner

A registered medical practitioner must not authorise the administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—

(a) the administration is for the medical treatment of a person other than the practitioner; and

(b) that person is under the practitioner's care; and

(e) if the poison is a drug of dependence, a Schedule 8 poison or a Schedule 9 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and

(f) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the practitioner holds a special Schedule 8 permit that authorises the giving of the authorisation; and

Reg. 78(g) substituted by S.R. No. 96/2022 reg. 15, amended by S.R. No. 124/2025 reg. 16(1).

(g) in the case of a Schedule 9 poison, the practitioner holds a Schedule 9 permit that authorises the practitioner to supply or administer the poison; and

Reg. 78(h) inserted by S.R. No. 124/2025 reg. 16(2).

(h) in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison or Schedule 8 poison, the Secretary has approved the poison under regulation 161F.

Reg. 78A inserted by S.R. No. 61/2023 reg. 12.

78A Authorising administration of Schedule 8 MDMA or Schedule 8 psilocybine—authorised psychedelic psychiatrist and certain registered medical practitioners

(1) An authorised psychedelic psychiatrist must not authorise the administration of Schedule 8 MDMA or Schedule 8 psilocybine unless—

(a) the administration is for the medical treatment of a person other than the psychiatrist; and

(b) that person is under the psychiatrist's care; and

(c) the psychiatrist has taken all reasonable steps to ensure a therapeutic need exists for that poison; and

(e) the psychiatrist has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and

(f) the psychiatrist has complied with regulation 17A.

(2) A registered medical practitioner must not authorise the administration of Schedule 8 MDMA or Schedule 8 psilocybine to a participant in a clinical trial that is approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth and approved by a human research ethics committee unless—

(a) the medical practitioner is not the participant in the clinical trial; and