244CHO may make code of practice

244 CHO may make code of practice (1) The CHO may make a code of practice about a matter that is required or permitted by this Act to be prescribed by a code of practice in relation to a Schedule 8 substance or restricted Notes for subsection (1) 1 A contravention of a code of practice does not in itself constitute an offence against this Act. 2 However, if an authority is subject to the condition the holder of the authority comply must with a code of practice, the holder may commit an offence against section 147 for a failure to comply with the code of practice. In addition, a failure to comply with a code of practice may also be a ground for suspending or cancelling an authority under section 166. 3 Also, contravention of a code of practice by a health practitioner may constitute behaviour for which health, conduct or performance action may be taken under the Health Practitioner Regulation National Law. (2) The code of practice may apply, adopt or incorporate (with or without changes) a matter contained in another document or instrument as in force or existing at a particular time or from time to time. (3) Before making a code of practice, the CHO must consult with: (a) the Committee; and

Medicines, Poisons and Therapeutic Goods Act 2012 139 (b) each professional body representing health practitioners or veterinarians to whom the code of practice is to apply. (4) If the CHO makes a code of practice under this section, the CHO must publish on the Agency's website the code of practice and notice of its making. (5) The code of practice has no effect until publication of the notice.