Schedule 5 Requirements for storage
receptacles
(see s 531 and s 533)
Part 5.1 Medicines cabinets
5.1 Medicines cabinets—general requirements
A medicines cabinet must be constructed to prevent ready access to
the cabinet’s contents by cutting, sawing or unbolting.
5.2 Medicines cabinets—body requirements
(1) The body of a medicines cabinet must be constructed of a single layer
of black mild steel plate at least 10mm thick and with continuous
welding of all joints.
(2) The body must have, for installation—
(a) 4 suitably sized holes in the cabinet’s back plate; or
(b) 2 suitably sized holes in the back plate and 2 suitably sized holes
in the cabinet’s base.
5.3 Medicines cabinets—door requirements
(1) The door of a medicines cabinet must be constructed of black mild
steel plate at least 10mm thick.
(2) When the medicines cabinet door is closed, the door must—
(a) fit flush with the cabinet; and
(b) have a clearance around the door of not more than 1.5mm.
(3) The door must be fitted with a fixed locking bar, welded to the inside
face of the door near the hinge edge, that engages in a rebate in the
cabinet when closed.
Schedule 5 Requirements for storage receptacles
Part 5.1 Medicines cabinets
Section 5.4
(4) The hinges on the door must be—
(a) constructed of heavy duty steel; and
(b) continuous welded to the door and body of the cabinet.
5.4 Medicines cabinets—lock requirements
(1) A medicines cabinet lock must be—
(a) a 6-lever pick-proof lock; or
(b) a lock mechanism of a level of security equal to, or greater than,
a 6-lever pick-proof lock.
(2) The lock must be securely attached to the inside face of the door.
5.5 Medicines cabinets—mounting requirements
(1) A medicines cabinet must be—
(a) embedded in a floor of reinforced concrete of at least 10mpa
compressive strength; or
(b) securely fixed to a wall or floor (or both) in accordance with this
section.
(2) If the wall and floor are brick or concrete, the medicines cabinet must
be fixed to the wall or floor (or both) by at least 4 expanding bolts.
(3) If the wall is timber, but the floor is brick or concrete, the medicines
cabinet must be fixed—
(a) to the floor by at least 4 expanding bolts; and
(b) to the wall by at least 2 coach screws into the studs as close to
the top of the wall face as is possible.
(4) If the wall and floor are timber, the medicines cabinet must be fixed
to the timber frame of the wall or floor in a way that will ensure that
the cabinet cannot be removed from the floor or wall within
30 minutes.
Requirements for storage receptacles Schedule 5
Safes, strong rooms and vaults Part 5.2
Section 5.6
(5) The bolts and coach screws must be at least 10mm in diameter.
Part 5.2 Safes, strong rooms and vaults
5.6 Requirements for safes
(1) A safe must be constructed to prevent ready access to the safe’s
contents by cutting, sawing or unbolting.
(2) When locked, a safe must reasonably be expected to resist attempts
to gain entry by tools, torch or explosives for at least 30 minutes.
(3) A safe—
(a) may be freestanding if it weighs more than 350kg; or
(b) must be securely attached to, or embedded in, a concrete floor
or a concrete or brick wall in a way that will ensure that the
cabinet cannot be removed from the floor or wall within
30 minutes.
5.7 Requirements for strong rooms
(1) The walls, floor and ceiling of a strong room must be brick or
concrete.
(2) The strong room must be fitted with a door.
(3) When locked, the strong room must reasonably be expected to resist
attempts to gain entry by tools, torch or explosives for at least 1 hour.
5.8 Requirements for vaults
(1) The walls, floor and ceiling of a vault must be reinforced concrete.
(2) The vault must be fitted with a door.
(3) When locked, the vault must reasonably be expected to resist attempts
to gain entry by tools, torch or explosives for at least 1 hour.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• chief health officer
• child
• contravene
• corporation
• correctional centre
• dentist
• doctor
• enrolled nurse
• health practitioner
• home address
• midwife
• Minister (see s 162)
• nurse
• nurse practitioner
• optometrist
• pharmacist
• public employee
• reviewable decision notice
• under.
Note 3 Terms used in this regulation have the same meaning that they have in
the Medicines, Poisons and Therapeutic Goods Act 2008 (see Legislation
Act, s 148). For example, the following terms are defined in the
Medicines, Poisons and Therapeutic Goods Act 2008, dictionary:
• authorised, to deal with a regulated substance (see s 20)
• controlled medicine (see s 11)
• dangerous poison (see s 12)
• day hospital
• deals, with a regulated substance (see s 19)
• deals, with a regulated therapeutic good (see s 21)
• dispense
• hospital
• institution
• medicine (see s 11)
• medicines advisory committee
• medicines and poisons standard (see s 15)
• monitored medicine (see s 97A)
• opioid dependency treatment centre
• pharmacist only medicine (see s 11)
• possess, for a regulated substance (see s 24)
• prescribe
• prescription only medicine (see s 11)
• prohibited substance (see s 13)
• purchase order
• register, for a regulated substance
• regulated substance (see s 10)
• requisition
• residential aged care facility
• signs
• supply (see s 24)
• supply authority (see s 23)
• ward
• written.
ACT listed appendix D medicine—see section 589.
appendix D medicine—see section 588.
appendix D medicines approval—see section 590.
approved analyst means—
(a) an analyst appointed under the Public Health Act 1997,
section 15 who is authorised under that Act to exercise a
function under the Act; or
(b) an analyst appointed or authorised under another territory law or
a law of the Commonwealth, a State or another Territory.
approved pharmacist––see the National Health Act 1953 (Cwlth),
section 84 (1), as in force from time to time.
Note The National Health Act 1953 (Cwlth) does not need to be notified under
the Legislation Act because s 47 (6) does not apply (see s 863).
Australian code of good wholesaling practice for medicines in
schedules 2, 3, 4 and 8 means the Australian Code of Good
Wholesaling Practice for Medicines in Schedules 2, 3, 4 and 8
prepared by the National Coordinating Committee on Therapeutic
Goods, as in force from time to time.
Note The Australian Code of Good Wholesaling Practice for Medicines in
Schedules 2, 3, 4 and 8 is accessible at www.tga.gov.au.
authorised midwife—see the National Health Act 1953 (Cwlth),
section 84 (1), definition of authorised midwife.
bioequivalent—a form of a substance is the bioequivalent of another
form of the substance if the forms are physiologically equivalent in
their clinical effect.
chief pharmacist, for an institution with a pharmacy, means the
pharmacist having the supervision of all other pharmacists employed
at the institution.
CHO means chief health officer.
community pharmacy means a pharmacy at a place other than an
institution.
complying purchase order means—
(a) for a medicine—a purchase order that complies with section 62;
or
(b) for a dangerous poison—a purchase order that complies with
section 721; or
(c) for a schedule 10 substance or prohibited substance—see
section 772.
condition 1, for a prescriber prescribing or supplying an ACT listed
condition 2, for a prescriber prescribing or supplying an ACT listed
condition 3, for a prescriber prescribing or supplying an ACT listed
condition 4, for a prescriber prescribing or supplying an ACT listed
continued dispensing determination means a determination made by
the Minister under the National Health Act 1953 (Cwlth), section 89A
(When pharmaceutical benefits may be supplied by approved
pharmacists without prescription), as in force from time to time, about
the supply of a pharmaceutical benefit to a person by an approved
pharmacist without a prescription.
Note See the National Health (Continued Dispensing) Determination 2012
(Cwlth). The determination does not need to be notified under the
Legislation Act because s 47 (6) does not apply (see s 863).
controlled medicines approval—see section 550.
controlled medicines prescribing standards—see section 575.
controlled medicines register means a register for controlled
medicines.
controlled medicines research and education program licence—see
section 600.
custodian, of an animal, means—
(a) an adult who has lawful custody of the animal; or
(b) if the animal is owned by a child or a person with a guardian—
a parent or guardian of the child or person.
CYP authorised person—see the Children and Young People
Act 2008, dictionary, definition of authorised person.
CYP detention place means a detention place under the Children and
Young People Act 2008.
dangerous poisons manufacturers licence—see section 700.
dangerous poisons register means a register for dangerous poisons.
dangerous poisons research and education program licence—see
section 700.
dangerous poisons suppliers licence—see section 700.
dentist does not include a trainee dentist.
Note See the definition of trainee.
designated prescriber, for part 13.1 (Controlled medicines
approvals)—see section 551.
designated prescription only medicine, for part 4.3 (Authorisation to
supply without prescription in emergencies)—see section 250.
detainee—see the Corrections Management Act 2007, section 6.
disability care means care that is provided to a person with a disability
in a residential facility in which the person is also provided with
accommodation that includes—
(a) appropriate staff to meet the nursing and personal care needs of
the person; and
(b) meals and cleaning services; and
(c) furnishings, furniture and equipment for the provision of the
care and accommodation.
doctor does not include an intern doctor.
Note See the definition of intern.
drug-dependent person, in relation to a controlled medicine or
prohibited substance, means a person with a condition—
(a) who, as a result of the administration of the medicine or
substance, demonstrates, in relation to the person’s use of the
medicine or substance—
(i) impaired control; or
(ii) drug-seeking behaviour that suggests impaired control; and
(b) who, as a result of the cessation of the administration of the
medicine or substance, is likely to experience symptoms of
mental or physical distress or disorder.
endorsed health practitioner—see section 490 (1).
endorsement, for division 13.1.4 (Endorsements to treat
drug-dependency)—see section 580.
environmental authorisation means—
(a) an environmental authorisation under the Environment
Protection Act 1997; or
(b) an authorisation (however described) under a Commonwealth or
State law that corresponds to the environmental authorisation
mentioned in paragraph (a).
first-aid kit includes a portable bag or container of medicines and
other medical supplies kept by a person for health care or emergency
first-aid kit licence—see section 600.
in-patient, at an institution, includes—
(a) a patient being treated at an emergency department of the
institution; and
(b) for a correctional centre—a detainee; and
(c) for a CYP detention place—a young detainee.
Note A correctional centre and a CYP detention place is an institution (see
s 652).
intern, in relation to a doctor or pharmacist, means—
(a) for a doctor—a person holding limited or provisional
registration to practise in the medical profession under the
Health Practitioner Regulation National Law (ACT), for the
purpose of undertaking a period of supervised practice that the
person has started; and
(b) for a pharmacist—a person holding limited or provisional
registration to practise in the pharmacy profession under the
Health Practitioner Regulation National Law (ACT), for the
purpose of undertaking a period of supervised practice or course
of training, or both, to allow the person to be registered to
practise without supervision.
issuer, for part 3.2 (Requisitioning medicines)—see section 49.
key, for chapter 11 (Storage of medicines)—see section 511.
manufacturer’s pack means a primary pack for a medicine that is
supplied by a manufacturer.
medical radiation practitioner—
(a) means a person holding registration to practise in the medical
radiation practice profession under the Health Practitioner
Regulation National Law (ACT); but
(b) does not include a person holding student, limited or provisional
registration for the purpose of undertaking a period of
supervised practice or course of training, or both, to allow the
person to be registered to practise without supervision.
medical records includes—
(a) for a person at an institution—the person’s clinical records and
a medication chart for the person at the institution; and
(b) for a person who is not at an institution and is being treated by a
prescriber—any record the prescriber keeps about the person.
medicines Australia code of conduct means the Medicines Australia
Code of Conduct, authorised by the Australian Competition and
Consumer Commission, as in force from time to time.
Note The Medicines Australia Code of Conduct is accessible at
www.medicinesaustralia.com.au.
medicines wholesalers licence—see section 600.
MRP registration standard means the Professional Capabilities for
Medical Radiation Practitioners developed by the Medical Radiation
Practice Board of Australia and approved by the Ministerial Council
under the Health Practitioner Regulation National Law (ACT), as in
force from time to time.
Note The Professional Capabilities for Medical Radiation Practitioners
(also referred to as the Professional Capabilities for Medical
Radiation Practice) is accessible at
https://www.medicalradiationpracticeboard.gov.au.
national residential medication chart prescription means a
medication chart prescription within the meaning of the National
Health (Pharmaceutical Benefits) Regulations 2017 (Cwlth),
section 41 (4), as in force from time to time.
Note The National Health (Pharmaceutical Benefits) Regulations 2017
(Cwlth) does not need to be notified under the Legislation Act because
s 47 (6) does not apply (see s 863).
nurse practitioner, for chapter 11 and chapter 12, does not include a
person holding limited or provisional registration to practise as a
nurse practitioner.
opioid dependency treatment guidelines means the guidelines
approved under section 630 (Guidelines for treatment of opioid
dependency).
opioid dependency treatment licence—see section 600.
optical device, for chapter 22 (Therapeutic goods)—see section 800.
paramedic—
(a) means a person holding registration to practise in the
paramedicine profession under the Health Practitioner
Regulation National Law (ACT); but
(b) does not include a person holding student, limited or provisional
registration for the purpose of undertaking a period of
supervised practice or course of training, or both, to allow the
person to be registered to practise without supervision.
personal custody, of a key by a person, for part 11.4 (Additional
storage requirements for controlled medicines)—see section 530.
pharmaceutical benefit—see the National Health Act 1953 (Cwlth),
section 84 (1), as in force from time to time.
Note The National Health Act 1953 (Cwlth) does not need to be notified under
the Legislation Act because s 47 (6) does not apply (see s 863).
pharmaceutical benefits scheme means the scheme for the supply of
pharmaceutical benefits established under the National Health
Act 1953 (Cwlth), part 7.
pharmacist does not include an intern pharmacist.
Note See the definition of intern.
pharmacy medicines rural communities licence—see section 600.
prescribed person, for chapter 11 (Storage of medicines)—see
section 510.
prescriber, in relation to a medicine, means the following:
(a) a person in relation to whom prescribing the medicine is
included in schedule 1, column 3 in relation to the person;
(b) an endorsed health practitioner if prescribing the medicine is—
(i) in accordance with the endorsement of their registration;
and
(ii) if not inconsistent with the endorsement of their
registration—allowed under this regulation.
prescription, in relation to an optical device, for chapter 22
(Therapeutic Goods)—see section 800.
Note Prescription, in relation to a medicine—see the Act, dictionary.
prohibited substance, for chapter 21 (Prohibited and schedule 10
substances)—see section 760.
prohibited substances register means a register for prohibited
substances.
prohibited substances research and education program licence—
see section 761.
pseudoephedrine record—see section 171 (c).
recognised research institution—see the Act, section 20 (5).
relevant expiry date, for a medicine, means—
(a) if the medicine is from 1 batch—the expiry date for the batch;
or
(b) if the medicine is from more than 1 batch—the expiry date that
is closest to the date of dispensing.
relevant law—
(a) for chapter 16 (Low and moderate harm poisons)—see
section 660; and
(b) for part 19.3 (Packaging and labelling of dangerous poisons)—
see section 730.
requisition includes issue a requisition.
reviewable decision, for chapter 23 (Notification and review of
decisions)—see section 850.
retail sale, for division 4.2.7 (Selling pseudoephedrine by retail)—
see section 170.
schedule 1—a reference to schedule 1 includes a reference to a
provision of the schedule.
scientifically qualified person means—
(a) a dentist, doctor, pharmacist, or veterinary practitioner; or
(b) a person who has been awarded a doctorate for scientific studies
by the person.
Note Dentist, doctor and pharmacist does not include an intern or trainee (see
defs of these terms).
scope of employment includes scope of engagement as a contractor.
specialist means—
(a) a person holding specialist registration to practise in the medical
profession under the Health Practitioner Regulation National
Law (ACT); or
(b) a person holding limited or provisional registration to practise in
the medical profession under the Health Practitioner Regulation
National Law (ACT), for the purpose of undertaking a period of
supervised practice under the supervision of a person mentioned
in paragraph (a), the successful completion of which means that
the person is eligible for specialist registration under that Law.
specialist area means a recognised specialty in a health profession
under the Health Practitioner Regulation National Law (ACT).
terminal illness—a person has a terminal illness if a specialist
diagnoses the person as having a terminal illness and estimates the
person’s life expectancy to be less than 1 year.
Note Specialist includes a doctor training in a specialist area (see def
specialist).
trainee, in relation to a health practitioner (other than a doctor or
pharmacist), means a person holding limited or provisional
registration to practise in a health profession under the Health
Practitioner Regulation National Law (ACT) for the purpose of
undertaking a period of supervised practice or course of training, or
both, to allow the person to be registered to practise without
supervision.
Examples—references to trainee
• trainee dentist
• trainee nurse
Note For doctors and pharmacists, see the definition of intern.
veterinary practitioner means a registered veterinary practitioner
under the Veterinary Practice Act 2018, section 9.
walk-in centre means a non-residential facility operated by the
Territory for the treatment and care for people with minor illness or
injury.
young detainee—see the Children and Young People Act 2008,
section 95.
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Schedule Sch 5 - Medicines, Poisons and Therapeutic Goods Regulation 2008 - Requirements for storage | Zoe