26Sale and supply of potent substances and hazardous and medicinal poisons

26 Sale and supply of potent substances and hazardous and medicinal poisons

[Section 26 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  [Section 26 Subsection (1) amended by No. 42 of 2010, s. 5, Applied:01 Jan 2011] [Section 26 Subsection (1) amended by No. 55 of 2009, s. 4, Applied:12 Nov 2009] [Section 26 Subsection (1) substituted by No. 27 of 1984, s. 48 and Sched. 1 ][Section 26 Subsection (1) substituted by No. 55 of 1997, s. 4, Applied:22 Dec 1997] Subject to section 47A and section 47C , a person must not sell or supply to another person a substance to which this section applies unless the first person is –

(a) the holder of a licence in force under section 27 to sell or supply that substance; or

(b) [Section 26 Subsection (1) amended by No. 78 of 2007, s. 7, Applied:01 Jul 2008] a person authorised under subsection (1A) or subsection (1AB) .

Penalty:  Fine not exceeding 10 penalty units.

(1A)  [Section 26 Subsection (1A) amended by No. 23 of 2022, s. 25, Applied:24 Oct 2022] [Section 26 Subsection (1A) amended by No. 15 of 2017, s. 11, Applied:13 Jun 2017] [Section 26 Subsection (1A) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 26 Subsection (1A) inserted by No. 27 of 1984, s. 48 and Sched. 1 ][Section 26 Subsection (1A) substituted by No. 55 of 1997, s. 4, Applied:22 Dec 1997] A medical practitioner, pharmacist, licensed manufacturing chemist, licensed wholesale chemist, dentist, authorised health professional or veterinary surgeon, in the lawful practice of his or her profession or business, is authorised to sell or supply to another person a substance to which this section applies.