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]

(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) 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) , 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 of the Public Health Act 1997 ;

(b) the authorisation of emergency powers in accordance with section 40 of the Emergency Management Act 2006 ;