35Non-wholesale supply by pharmacists approved under Commonwealth National Health Act 1953 without prescription

35 Non-wholesale supply by pharmacists approved under Commonwealth National Health Act 1953 without prescription

35 Non-wholesale supply by pharmacists approved under Commonwealth National Health Act 1953 without prescription

(1) For the Act, section 28(1), supply of a scheduled substance to which the Commonwealth determination applies by an approved pharmacist to a person without a prescription is authorised if the pharmacist is satisfied the person is in immediate need of the substance for continuation of the person’s treatment.

(2) The supply must be in accordance with—

(a) the conditions specified in the Commonwealth determination, and

(b) the Guidelines for the continued dispensing of eligible prescribed medicines by pharmacists published by the Pharmaceutical Society of Australia.

Maximum penalty—Tier 5 penalty.

(3) In this section—

approved pharmacist has the same meaning as in the National Health Act 1953 of the Commonwealth.

Commonwealth determination means the National Health (Continued Dispensing) Determination 2022 of the Commonwealth or a determination that replaces that determination.