Medicines, Poisons and Therapeutic Goods Act 2012
38Administration of Schedule 3 substance
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38 Administration of Schedule 3 substance (a) the person intentionally administers a substance to another (b) the substance is a Schedule 3 substance and the person is reckless in relation to that circumstance; and (c) the administration of the substance by the person is not authorised under this Act. (2) Strict liability applies to subsection (1)(c). subsection (1) if the defendant believed on reasonable grounds that: (a) the person to whom the Schedule 3 substance was administered was in danger of dying or of suffering a serious disability; and (b) the administration of the Schedule 3 substance to that person was required to prevent the person from dying or suffering a serious disability. Note for subsection (3) The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code).