Section 26 - Medicines, Poisons and Therapeutic Goods Act 2008 - November 2025. It also includes any commencement, amendment, repeal or expiry affecting | Zoe
26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 26 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
contents 1
Page
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 2
6 Objects 3
7 Appropriate prescription and supply of medicines 4
8 Obligations under other territory laws 4
9 Inconsistency between Act and medicines and poisons standard 4
Page
contents 2 Medicines, Poisons and Therapeutic Goods Act 2008
9A Application of Act to certain cannabis use not prohibited under Drugs
of Dependence Act 1989 5
10 Meaning of regulated substance—Act 6
11 Medicine-related definitions 6
12 Poison-related definitions 7
13 Meaning of prohibited substance and schedule 10 substance—Act 8
Part 3.2 Therapeutic goods to which Act applies
14 Meaning of regulated therapeutic good—Act 9
15 Meaning of medicines and poisons standard—Act 10
16 Interpretation provisions in medicines and poisons standard—
application to Act 10
17 When medicines and poisons standard applies to substances 11
18 Inspection of medicines and poisons standard 12
19 Meaning of deals with a regulated substance—Act 13
20 When authorised to deal with regulated substances 14
21 Meaning of deals with a regulated therapeutic good—Act 17
22 When authorised to deal with regulated therapeutic goods 17
23 Meaning of supply authority—Act 18
24 Meaning of possess, sell and supply—Act 18
Part 4.1 Dealings with regulated substances—
offences
25 Meaning of declared substance—pt 4.1 20
Page
contents 3
26 Supplying declared substances 20
27 Supplying declared substances on invalid supply authorities—strict
liability offences 21
28 Supplying declared substances on invalid supply authorities—
recklessness 22
29 Supplying declared substances on invalid supply authorities—other
offences 23
30 Cancellation etc of invalid supply authorities for declared substances 24
31 Supply of certain declared substances—information for chief health
officer 25
32 Information about invalid supply authorities for chief health officer 26
33 Manufacturing regulated substances 29
34 Discarding declared etc substances 29
35 Obtaining certain declared substances 31
36 Possessing certain declared substances 31
37 Administering certain declared substances 32
38 Issuing purchase orders for declared substances 33
39 Reporting loss and theft of certain regulated substances 34
40 Prescribing medicines 35
41 Issuing requisitions for medicines 36
42 Issuing standing orders for medicines 36
43 Medicines for animals not to be prescribed etc for human use 37
44 Contravening authorisation conditions for regulated substances 38
45 Pretending to be authorised to deal with regulated substance 39
46 Accessibility of records 40
47 Keeping cancelled invalid supply authorities 41
48 Meaning of must keep register—div 4.2.2 41
49 Registers—not keeping 42
Page
contents 4 Medicines, Poisons and Therapeutic Goods Act 2008
50 Registers—where to be kept 42
51 Registers—duty to ensure entries made 43
52 Registers—signing entries 43
53 Registers—witnessing administration of medicines 43
54 Registers—witnessing discarding 44
55 Registers—changes etc to entries 45
56 Registers—period to be kept 45
57 Registers—damage or loss 45
58 Transferring responsibility for community pharmacies—stocktake etc
of controlled medicines 47
59 Packaging of supplied regulated substances 50
60 Labelling of supplied regulated substances 51
61 Storing declared substances 52
Division 4.3.3 Containers—offences
62 Permanently named containers—use for other regulated substances 52
63 Certain containers not to be used for human-use substances 53
64 False statements to obtain certain regulated substances etc 53
65 Falsely representing substance is regulated 55
66 Advertising controlled medicines and prohibited substances 56
67 Meaning of vending machine—div 4.3.5 57
68 Vending machines—use for supply of regulated substances 57
69 Vending machines—use for supply of unscheduled medicines 58
70 Manufacture, supply and use of paints containing white lead 59
71 Manufacture, supply and use of paints for certain purposes 60
72 Manufacture, supply and use of paints for toys 60
73 Manufacture, supply and use of paints containing pesticides 60
Page
contents 5
Chapter 5 Offences relating to regulated therapeutic
74 Supplying regulated therapeutic goods 62
75 Contravening authorisation conditions for regulated therapeutic goods 63
76 Pretending to be authorised to deal with regulated therapeutic goods 63
77 Falsely representing thing is regulated 63
Chapter 6 Licences for regulated substances and
78 Meaning of licence etc—ch 6 65
79 Meaning of close associate—ch 6 65
80 Meaning of influential person for corporation—ch 6 66
81 Suitability of individuals for licences 67
82 Suitability of corporations for licences 69
83 Power to ask for information etc from applicants and others 70
84 Applications for licences 72
85 Decision on applications for licences 72
86 Term of licences 73
87 Licences not transferable 73
88 Form of licences 73
89 Statutory licence conditions 74
90 Other licence conditions 74
91 Amending licence on chief health officer’s initiative 75
92 Amending licence on application by licence-holder 76
93 Licensee to keep chief health officer informed 76
94 Returning licences for amendment 77
95 Replacing licences 78
Part 6.3 Licences—other provisions
96 Contravening licence conditions 79
Page
contents 6 Medicines, Poisons and Therapeutic Goods Act 2008
97 Surrendering licences 79
97A Meaning of monitored medicine 80
97B Definitions—ch 6A 80
97C Monitored medicines database—purposes 81
97D Monitored medicines database—scope 81
97E Monitored medicines database—chief health officer functions 82
97F Monitored medicines database—access and use by relevant health
practitioners 83
97G Monitored medicines database—access authority 83
97H Monitored medicines database—offences 84
98 Definitions—pt 7.1 86
99 Meaning of medicines and poisons inspector—Act 86
Division 7.1.2 Medicines and poisons inspectors
100 Appointment of medicines and poisons inspectors 87
101 Identity cards 87
102 Power to enter premises 88
103 Production of identity card 89
104 Consent to entry 89
105 General powers on entry to premises 90
106 Power to seize things 91
107 Power to destroy unsafe things 92
108 Power to require name and address 94
109 Warrants generally 94
110 Warrants—application made other than in person 96
Page
contents 7
111 Search warrants—announcement before entry 97
112 Details of search warrant to be given to occupier etc 98
113 Occupier entitled to be present during search etc 98
114 Moving things to another place for examination or processing 99
115 Use of electronic equipment at premises 100
116 Person with knowledge of computer to assist access etc 101
117 Securing electronic equipment 102
118 Copies of seized things to be provided 104
119 Receipt for things seized 105
120 Access to things seized 105
121 Return of things seized 106
122 Application for order disallowing seizure 107
123 Order for return of seized thing 108
124 Adjournment pending hearing of other proceedings 109
125 Forfeiture of seized things 109
126 Return of forfeited things 110
127 Cost of disposal of forfeited things 110
Division 7.1.6 Medicines and poisons inspectors—other provisions
128 Disposal etc of things obtained otherwise than under pt 7.1 111
129 Damage etc to be minimised 111
130 Compensation for exercise of enforcement powers 112
Part 7.2 Taking and analysis of samples of
131 Inspector may buy samples without complying with pt 7.2 113
132 Person in charge etc to be told sample to be analysed 113
133 Payment for samples 114
134 Samples from packaged substances 114
135 Procedures for dividing samples 114
136 Exception to usual procedures for dividing samples 115
137 Certificates of analysis by authorised analysts 116
Page
contents 8 Medicines, Poisons and Therapeutic Goods Act 2008
Chapter 8 Restrictions on dealing with regulated
substances and regulated therapeutic goods
138 Application—pt 8.1 117
139 Definitions—pt 8.1 118
140 Grounds for disciplinary action against authorisation holders 118
141 Disciplinary action against authorisation holders 120
142 Taking disciplinary action against authorisation holders 122
143 Immediate suspension of authorisations 123
144 Effect of suspension of authorisations 124
145 Return of certain licences and approvals 125
146 Action by chief health officer in relation to certain licences and
approvals 125
Part 8.2 Controlled medicines and prohibited
substances—disqualification by courts
147 Definitions—pt 8.2 127
148 Drug offences—disqualification from dealing 127
149 Notice of disqualification from dealing 128
150 Effect of disqualification from dealing 128
Part 8.3 Surrender of prescribed authorisations
151 Application—pt 8.3 129
152 Surrender of authorisation under regulation 129
153 Effect of surrender of authorisation under regulation 130
Chapter 9 Notification and review of decisions
154 Meaning of reviewable decision—ch 9 131
155 Reviewable decision notices 131
155A Applications for review 131
Page
contents 9
Chapter 10 Incorporation of Commonwealth therapeutic
156 Definitions—ch 10 132
Part 10.2 Application in ACT of Commonwealth
therapeutic goods laws
157 Application of Commonwealth therapeutic goods laws to ACT 134
158 Interpretation of Commonwealth therapeutic goods laws 134
Division 10.2.2 Functions under applied provisions
159 Functions of Commonwealth Minister 135
160 Functions of Commonwealth Secretary 135
161 Functions of other people 135
162 Delegations by Commonwealth Minister or Secretary 135
163 Appointments under Commonwealth therapeutic goods laws 136
Division 10.2.3 Applied provisions—administrative law matters
164 Application of Commonwealth administrative laws to applied
provisions 136
165 Functions given to Commonwealth officers and authorities 137
166 Object—div 10.2.4 137
167 Application of Commonwealth criminal laws to offences against
applied provisions 138
168 Functions of Commonwealth officers and authorities relating to
offences 139
169 No double jeopardy for offences against applied provisions 139
170 Commonwealth may keep fees paid to Commonwealth Secretary 140
Page
contents 10 Medicines, Poisons and Therapeutic Goods Act 2008
Part 11.1 General provisions about offences against
Act
171 Acts and omissions of representatives of individuals 141
172 Criminal liability of executive officers 143
173 No defence to claim deterioration of sample 146
174 Remedial orders by court for offences 146
175 Court may order costs and expenses 147
176 Court may order forfeiture 147
177 Notices of noncompliance by territory entities 147
178 Evidence—authorisations under Commonwealth and State laws 149
179 Presumptions 149
180 Certificate evidence etc 150
181 Admissibility of analysis of samples taken by inspectors 151
182 Power of court to order further analysis 151
Chapter 12 Regulations about regulated substances and
183 Meaning of regulated thing—ch 12 153
184 Regulation-making power 153
185 Regulations—regulated things 153
186 Regulations—authorisations 154
187 Regulations—records kept electronically 155
188 Regulations—medicines advisory committee 156
189 Regulations—application etc of instruments 156
190 Regulations—exemption of people, dealings etc 156
191 Directions about dealings with regulated substances and therapeutic
goods 158
Page
contents 11
192 Guidelines about dealings with regulated substances and therapeutic
goods 159
193 Approval of non-standard packaging and labelling 159
194 Establishment of medicines advisory committee 159
195 Secrecy 159
196 Protection of officials from liability 161
197 Determination of fees 161
Schedule 1 Reviewable decisions 162
Dictionary 165
1 About the endnotes 173
2 Abbreviation key 173
3 Legislation history 174
4 Amendment history 179
5 Earlier republications 187
An Act to consolidate and reform the law relating to regulated substances and
regulated therapeutic goods, to give effect to the medicines and poisons standard,
and for other purposes