103Offences

103 Offences

(1) An approved pharmacist shall not give, promise or offer a gift, rebate or reward as an inducement to a person to present, or in consideration of a person’s presenting, a prescription for the supply of a pharmaceutical benefit.

Penalty: 10 penalty units.

(2) Except as prescribed, a pharmacist to whom a prescription is presented shall not: (a) supply, in purported pursuance of this Part, anything other than the pharmaceutical benefit that is directed to be supplied in the prescription; or (b) in exchange for the prescription make a payment in money or give any other consideration to the person presenting the prescription.

Penalty: Imprisonment for 12 months or 20 penalty units, or both.

(2A) Paragraph (2)(a) does not prohibit a pharmacist from supplying, instead of the pharmaceutical benefit that is directed to be supplied in a prescription (the specified benefit), another pharmaceutical benefit (the substitute benefit) if: (a) the person who prescribed the specified benefit did not indicate on the prescription that only that benefit was to be supplied; and (b) the Schedule of Pharmaceutical Benefits issued by the Department states that the specified benefit and the substitute benefit are equivalent; and (c) the substitute benefit is a listed brand of a pharmaceutical item; and (d) the supply of the substitute benefit is not prohibited by a law of the State or Territory in which the substitute benefit is supplied. (3) An approved pharmacist, approved medical practitioner or approved hospital authority shall not permit a person other than a medical practitioner or pharmacist to dispense a pharmaceutical benefit except under the direct supervision of a medical practitioner or pharmacist.

Penalty: Imprisonment for 12 months or 20 penalty units, or both.

(4) A person for whom a prescription for the supply of a pharmaceutical benefit is written or to whom a pharmaceutical benefit is supplied shall not use, dispose of or otherwise deal with the pharmaceutical benefit supplied in a way other than that for which the prescription was written or the pharmaceutical benefit supplied.

Penalty: Imprisonment for 2 years or 50 penalty units, or both.

(4AA) A person must not have in his or her possession, or consign for export, a quantity of a pharmaceutical benefit or pharmaceutical item that exceeds the designated quantity of that pharmaceutical benefit or pharmaceutical item unless: (a) that first‑mentioned quantity was supplied to the person (whether on prescription or otherwise) by an approved supplier for the medical, dental, optometrical or midwifery treatment, or the nurse practitioner treatment by an authorised nurse practitioner, of the person or of a person covered by paragraph 86A(2)(a), (b) or (c); or (b) the person has some other reasonable excuse for possessing or consigning for export that first‑mentioned quantity.