Medicines and Poisons Act 2019
sec.34Offence to buy or possess S4 or S8 medicines or hazardous poisons
Start here
Get a plain-English read of sec.34
Turn the raw legal text into a practical explanation grounded in Medicines and Poisons Act 2019.
sec.34 Offence to buy or possess S4 or S8 medicines or hazardous poisons
A person must not buy or possess an S4 or S8 medicine or hazardous poison unless the person— buys or possesses the medicine or poison in the authorised way; or has a reasonable excuse. Maximum penalty—200 penalty units. A person becomes responsible for the affairs of the holder of a substance authority who is critically ill, dies, is imprisoned or becomes bankrupt. However, subsection (1) does not apply to a person to whom an S4 or S8 medicine is lawfully supplied for— the person’s own therapeutic treatment; or the therapeutic treatment of someone else for whom the person is an agent; or the treatment of an animal. Also, subsection (1) does not apply to a person who— is given an S4 or S8 medicine lawfully supplied for the therapeutic treatment of someone else or an animal; and temporarily possesses the medicine until it is needed for the treatment. (sec.34-ssec.1) A person must not buy or possess an S4 or S8 medicine or hazardous poison unless the person— buys or possesses the medicine or poison in the authorised way; or has a reasonable excuse. Maximum penalty—200 penalty units. A person becomes responsible for the affairs of the holder of a substance authority who is critically ill, dies, is imprisoned or becomes bankrupt. (sec.34-ssec.2) However, subsection (1) does not apply to a person to whom an S4 or S8 medicine is lawfully supplied for— the person’s own therapeutic treatment; or the therapeutic treatment of someone else for whom the person is an agent; or the treatment of an animal. (sec.34-ssec.3) Also, subsection (1) does not apply to a person who— is given an S4 or S8 medicine lawfully supplied for the therapeutic treatment of someone else or an animal; and temporarily possesses the medicine until it is needed for the treatment.
- (a) buys or possesses the medicine or poison in the authorised way; or
- (b) has a reasonable excuse.
- (a) the person’s own therapeutic treatment; or
- (b) the therapeutic treatment of someone else for whom the person is an agent; or
- (c) the treatment of an animal.
- (a) is given an S4 or S8 medicine lawfully supplied for the therapeutic treatment of someone else or an animal; and
- (b) temporarily possesses the medicine until it is needed for the treatment.