36Offences relating to certain restricted substances

### 36 Offences relating to certain restricted substances > *\[Section 36 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 \]* > > > (1)  [*\[Section 36 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014\]*](/view/html/inforce/2014-07-01/act-2013-073#JS1@Ja7@GC2@Hpa@EN) [*\[Section 36 Subsection (1) amended by No. 7 of 2012, s. 10, Applied:01 Jul 2012\]*](/view/html/inforce/2012-07-01/act-2012-007#GS10@Hpa@EN) *\[Section 36 Subsection (1) amended by No. 27 of 1984, s. 14 and s. 48 and Sched. 1 \]*[*\[Section 36 Subsection (1) substituted by No. 55 of 1997, s. 5, Applied:22 Dec 1997\]*](/view/html/inforce/1997-12-22/act-1997-055#GS5@Hpa@EN) Subject to [subsections (2A)](#GS36@Gs2A@EN) and [(2B)](#GS36@Gs2B@EN) , a person must not have in his or her possession, or attempt to obtain possession of, a substance to which this section applies unless that person – > > > > > > (a) [*\[Section 36 Subsection (1) amended by No. 78 of 2007, s. 8, Applied:01 Jul 2008\]*](/view/html/inforce/2008-07-01/act-2007-078#GS8@Hpa@EN) [*\[Section 36 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014\]*](/view/html/inforce/2014-07-01/act-2013-073#JS1@Ja7@GC2@Hpb@EN) is a person authorised under [subsection (1A)](#GS36@Gs1A@EN) , [(1B)](#GS36@Gs1B@EN) or [(1C)](#GS36@Gs1C@EN) ; or > > > > > > > (b) has obtained possession of the substance – > > > > > > > > > > (i) [*\[Section 36 Subsection (1) amended by No. 78 of 2007, s. 8, Applied:01 Jul 2008\]*](/view/html/inforce/2008-07-01/act-2007-078#GS8@Hpb@EN) [*\[Section 36 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja53@GC5@Hpa@EN) [*\[Section 36 Subsection (1) amended by No. 42 of 2010, s. 6, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-042#GS6@Hpa@EN) [*\[Section 36 Subsection (1) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS16@Hpb@EN) [*\[Section 36 Subsection (1) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS16@Hpa@EN) from a medical practitioner, dentist, authorised health professional, authorised nurse practitioner, endorsed midwife or veterinary surgeon acting in the course of the lawful practice of his or her profession or business; or > > > > > > > > > > > (ii) on and in accordance with a prescription for its supply to him or her issued by a person referred to in [subparagraph (i)](#GS36@Gs1@Hpb@Hqi@EN) , acting in the course of the lawful practice of his or her profession or business. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years. > > > (1A)  [*\[Section 36 Subsection (1A) amended by No. 23 of 2022, s. 28, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS28@Hpa@EN) [*\[Section 36 Subsection (1A) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS16@Hpc@EN) [*\[Section 36 Subsection (1A) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja53@GC5@Hpb@EN) [*\[Section 36 Subsection (1A) inserted by No. 55 of 1997, s. 5, Applied:22 Dec 1997\]*](/view/html/inforce/1997-12-22/act-1997-055#GS5@Hpa@EN) 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 have in his or her possession, or to attempt to obtain possession of, a substance to which this section applies. > > > (1B)  [*\[Section 36 Subsection (1B) inserted by No. 78 of 2007, s. 8, Applied:01 Jul 2008\]*](/view/html/inforce/2008-07-01/act-2007-078#GS8@Hpc@EN) An authorised nurse practitioner in the lawful practice of his or her profession and to the extent of any authorisation conferred on him or her under [section 25B](#GS25B@EN) is authorised to have in his or her possession, or to attempt to obtain possession of, a substance to which this section applies. > > > (1C)  [*\[Section 36 Subsection (1C) inserted by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014\]*](/view/html/inforce/2014-07-01/act-2013-073#JS1@Ja7@GC2@Hpc@EN) A person is authorised, in respect of ambulance services, to have in his or her possession, or to attempt to obtain possession of, a substance to which this section applies to the extent the person is authorised under any Secretary's written authority for the use of the substance to which this section applies for ambulance services. > > > (2)  A person is not guilty of an offence against [subsection (1)](#GS36@Gs1@EN) by virtue of his having in his possession, or attempting to obtain possession of, a substance to which this section applies if he proves that he had possession, or attempted to obtain possession, of the substance only for the purpose of delivering it – > > > > > > (a) [*\[Section 36 Subsection (2) amended by No. 78 of 2007, s. 8, Applied:01 Jul 2008\]*](/view/html/inforce/2008-07-01/act-2007-078#GS8@Hpd@EN) [*\[Section 36 Subsection (2) amended by No. 42 of 2010, s. 6, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-042#GS6@Hpb@EN) [*\[Section 36 Subsection (2) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS16@Hpe@EN) [*\[Section 36 Subsection (2) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS16@Hpd@EN) [*\[Section 36 Subsection (2) amended by No. 23 of 2022, s. 28, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS28@Hpb@EN) to a medical practitioner, pharmacist, dentist, authorised health professional, authorised nurse practitioner, endorsed midwife or veterinary surgeon; or > > > > > > > (b) [*\[Section 36 Subsection (2) amended by No. 78 of 2007, s. 8, Applied:01 Jul 2008\]*](/view/html/inforce/2008-07-01/act-2007-078#GS8@Hpe@EN) [*\[Section 36 Subsection (2) amended by No. 42 of 2010, s. 6, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-042#GS6@Hpc@EN) [*\[Section 36 Subsection (2) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS16@Hpg@EN) [*\[Section 36 Subsection (2) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS16@Hpf@EN) [*\[Section 36 Subsection (2) amended by No. 23 of 2022, s. 28, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS28@Hpc@EN) to a person to whom its supply has been authorised by the prescription of a medical practitioner, dentist, authorised health professional, authorised nurse practitioner, endorsed midwife or veterinary surgeon. > > > (2AA)  [*\[Section 36 Subsection (2AA) inserted by No. 15 of 2019, Sched. 1, Applied:28 Jun 2019\]*](/view/html/inforce/2019-06-28/act-2019-015#JS1@Ja5@GC2@EN) A person is not guilty of an offence against [subsection (1)](#GS36@Gs1@EN) if the person is the holder of a permit, licence or authority in force under this Act and is acting in accordance with the terms and conditions of that permit, licence or authority. > > > (2AB)  [*\[Section 36 Subsection (2AB) inserted by No. 21 of 2021, s. 5, Applied:17 Dec 2021\]*](/view/html/inforce/2021-12-17/act-2021-021#GS5@EN) A person is not guilty of an offence against [subsection (1)](#GS36@Gs1@EN) if – > > > > > > (a) the possession by the person of the substance to which this section applies is authorised under an emergency order; and > > > > > > > (b) that person is acting in accordance with the emergency order. > > > (2A)  [*\[Section 36 Subsection (2A) inserted by No. 7 of 2012, s. 10, Applied:01 Jul 2012\]*](/view/html/inforce/2012-07-01/act-2012-007#GS10@Hpb@EN) [*\[Section 36 Subsection (2A) substituted by No. 26 of 2025, s. 5, Applied:16 Feb 2026\]*](/view/html/inforce/2026-02-16/act-2025-026#GS5@EN) A person may have in the person’s possession a substance to which this section applies if the substance was lawfully prescribed and dispensed to the person in another State or a Territory for the use of the person or a member of the person’s immediate family. > > > (2B)  [*\[Section 36 Subsection (2B) inserted by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014\]*](/view/html/inforce/2014-07-01/act-2013-073#JS1@Ja7@GC2@Hpd@EN) A person may have in his or her possession a substance to which this section applies if – > > > > > > (a) the substance was lawfully supplied to the person in another State or a Territory; and > > > > > > > (b) the person brought the substance into this State to provide ambulance services under the [Ambulance Service Act 1982](/view/html/inforce/2026-04-12/act-1982-105) . > > > (2C)  [*\[Section 36 Subsection (2C) inserted by No. 26 of 2025, s. 6, Applied:16 Feb 2026\]*](/view/html/inforce/2026-02-16/act-2025-026#GS6@EN) For the purposes of [section 6A of the](/view/html/inforce/2026-04-12/act-1970-077#GS6A@EN) [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) , a substance in respect of which [subsection (2A)](#GS36@Gs2A@EN) applies is taken to have been obtained in accordance with this Act. > > > (3)  [*\[Section 36 Subsection (3) inserted by No. 55 of 1997, s. 5, Applied:22 Dec 1997\]*](/view/html/inforce/1997-12-22/act-1997-055#GS5@Hpb@EN) In this section, > > > > > ***substance to which this section applies*** means a restricted substance that is declared by the Minister, by order, to be a substance to which this section applies.