55Presentation of urgent prescriptions

55 Presentation of urgent prescriptions

(1) If: (a) a prescription for the supply of a pharmaceutical benefit is marked “Urgent”; and (b) in the case of a paper‑based prescription—that marking is initialled by the PBS prescriber writing the prescription; the prescription may be presented at any time to an approved pharmacist at the premises in respect of which he or she is approved. (2) An approved pharmacist must supply a pharmaceutical benefit as soon as practicable if: (a) a prescription is presented to the pharmacist under subsection (1); and (b) any charge lawfully demanded for the prescription is paid. (3) An approved pharmacist commits an offence if he or she contravenes subsection (2).

Penalty: 0.2 penalty units.

(4) An offence against subsection (3) is an offence of strict liability. (5) It is a defence to a prosecution for an offence against subsection (3) if the pharmacist had a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter referred to in subsection (5) (see section 13.3 of the Criminal Code).