38JAuthorisation under emergency order

### 38J Authorisation under emergency order > [*\[Section 38J of Part III Inserted by No. 21 of 2021, s. 7, Applied:17 Dec 2021\]*](/view/html/inforce/2021-12-17/act-2021-021#GS7@EN) > > > (1)  A person may possess, sell or supply a scheduled substance without a prescription if the person is authorised to do so under an emergency order. > > > (2)  If an event referred to in [subsection (4)](#GS38J@Gs4@EN) occurs, the Secretary may make an order (an ***emergency order***) authorising a person to possess, sell or supply a scheduled substance without a prescription. > > > (3)  An emergency order must include the following information: > > > > > > (a) the person, or the class of persons, to whom the emergency order applies; > > > > > > > (b) the scheduled substance, or the class of scheduled substances, to which the emergency order applies; > > > > > > > (c) the event, referred to in [subsection (4)](#GS38J@Gs4@EN) , that has occurred; > > > > > > > (d) a description of the area to which the emergency order applies; > > > > > > > (e) the day on which the emergency order starts; > > > > > > > (f) the day, no later than 3 months after the day on which the emergency order starts, on which the emergency order ends; > > > > > > > (g) the circumstances in which the person, or the class of persons, may possess, sell or supply the scheduled substance to which the emergency order applies; > > > > > > > (h) the conditions, if any, applying to the possession, sale or supply of the scheduled substance to which the emergency order applies. > > > (4)  The Secretary may make an emergency order if any of the following events occurs: > > > > > > (a) the declaration of a public health emergency in accordance with [section 14](/view/html/inforce/2026-04-12/act-1997-086#GS14@EN) of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) ; > > > > > > > (b) the authorisation of emergency powers in accordance with [section 40](/view/html/inforce/2026-04-12/act-2006-012#GS40@EN) of the [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) ; > > > > > > > (c) the declaration of a state of alert in accordance with [section 41A](/view/html/inforce/2026-04-12/act-2006-012#GS41A@EN) of the [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) ; > > > > > > > (d) the declaration of a state of emergency in accordance with [section 42](/view/html/inforce/2026-04-12/act-2006-012#GS42@EN) of the [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) ; > > > > > > > (e) any other event that is prescribed in the regulations. > > > (5)  An emergency order is to be issued in a manner that the Secretary considers necessary, having regard to the intended application and scope of the order.