31Receipt of pharmaceutical benefit

#### 31 Receipt of pharmaceutical benefit (1) A person commits an offence if: (a) the person receives a pharmaceutical benefit under Part VII of the Act (whether or not for the person’s own use) from an approved supplier; and (b) the supply of the pharmaceutical benefit by the approved supplier is not a supply under subsection 89A(1) of the Act; and (c) the pharmaceutical benefit is not supplied by the approved supplier on the basis of a medication chart prescription; and (d) at the time of supply, the approved supplier asks the person to write on the prescription, repeat authorisation or deferred supply authorisation on the basis of which the supply of the pharmaceutical benefit was made: (i) an acknowledgment that the person has received the benefit; and (ii) the date on which the person received the benefit; and (iii) if the benefit is not for the person’s own use—the person’s address; and (e) it is practicable for the person to comply with the request mentioned in paragraph (d); and (f) the person does not comply with the request mentioned in paragraph (d). Penalty: 0.2 penalty units. (1A) If a person is required to write an acknowledgment in accordance with subregulation (1) for the supply of a pharmaceutical benefit under an electronic prescription, or an authorisation that relates to an electronic prescription, that requirement is taken to have been met if: (a) the acknowledgment is given, in accordance with approved information technology requirements (if any), by means of an approved electronic communication; or (b) the person writes the acknowledgment on a print‑out of the electronic prescription or the authorisation that relates to an electronic authorisation. (1B) If a person writes an acknowledgment in accordance with paragraph (1A)(b), the approved supplier must write on the electronic prescription, or the authorisation that relates to an electronic prescription, that the person has written the acknowledgment on a print‑out of the prescription or authorisation. Penalty: 0.2 penalty units. (2) An approved supplier must not demand an acknowledgment of the supply of a pharmaceutical benefit to a person if the approved supplier has not supplied the benefit to that person. Penalty: 0.2 penalty units. (3) An approved supplier commits an offence if: (a) the approved supplier supplies a pharmaceutical benefit under Part VII of the Act, other than under subsection 89A(1) of the Act; and (b) it is not practicable for the approved supplier to obtain, from the person receiving the pharmaceutical benefit (whether or not for the person’s own use), a written acknowledgement that the person has received the benefit; and (c) the pharmaceutical benefit is not supplied by the approved supplier on the basis of a medication chart prescription; and (d) the approved supplier does not certify on the prescription, repeat authorisation or deferred supply authorisation on the basis of which the supply of the pharmaceutical benefit was made: (i) the date on which the pharmaceutical benefit was supplied by the approved supplier; and (ii) the reason why it was not practicable for the approved supplier to obtain the written acknowledgement mentioned in paragraph (b). Penalty: 0.2 penalty units. Continued dispensing supply of pharmaceutical benefit (5) A person commits an offence if: (a) the person receives a pharmaceutical benefit (whether or not for the person’s own use) from an approved pharmacist under subsection 89A(1) of the Act; and (b) at the time of the supply, the approved pharmacist asks the person to write on the repeat authorisation form for the supply: (i) an acknowledgement that the person has received the pharmaceutical benefit; and (ii) the date on which the person received the benefit; and (iii) if the benefit is not for the person’s own use—the person’s address; and (c) it is practicable for the person to comply with the request mentioned in paragraph (b); and (d) the person does not comply with the request mentioned in paragraph (b). Penalty: 0.2 penalty units. (6) An approved pharmacist commits an offence if: (a) the approved pharmacist supplies a pharmaceutical benefit to a person under subsection 89A(1) of the Act; and (b) it is not practicable for the approved pharmacist to obtain, from the person receiving the pharmaceutical benefit (whether or not for the person’s own use), a written acknowledgement that the person has received the benefit; and (c) the approved pharmacist does not write on the repeat authorisation form for the supply: (i) the date on which the pharmaceutical benefit was supplied by the approved pharmacist; and (ii) the reason why it was not practicable for the approved pharmacist to obtain the written acknowledgement mentioned in paragraph (b). Penalty: 0.2 penalty units. (7) An offence against this regulation is an offence of strict liability.