59BNotification required in relation to certain restricted substances and narcotic substances

59B Notification required in relation to certain restricted substances and narcotic substances

[Section 59B Inserted by No. 29 of 2009, s. 8, Applied:01 Sep 2009]

(1)  [Section 59B Subsection (1) substituted by No. 15 of 2017, s. 26, Applied:13 Jun 2017] In this section –

specified person means a medical practitioner, a dentist, an authorised health professional, an authorised nurse practitioner, a veterinary surgeon or a pharmacist.

(1A)  [Section 59B Subsection (1A) inserted by No. 15 of 2017, s. 26, Applied:13 Jun 2017] If a person seeks from a specified person a notifiable restricted substance or a narcotic substance, the specified person may, at his or her discretion, notify the Secretary of the relevant facts.

(1B)  [Section 59B Subsection (1B) inserted by No. 15 of 2017, s. 26, Applied:13 Jun 2017] If a person seeks a notifiable restricted substance or a narcotic substance from a specified person and that specified person has reason to believe that the person seeking the substance –

(a) has a history of drug-seeking behaviour; or

(b) is exhibiting drug-seeking behaviour; or

(c) has consumed or used, or is likely to consume or use, a notifiable restricted substance or a narcotic substance contrary to the prescribing practitioner's instructions –

the specified person must notify the Secretary of the relevant facts.

Penalty:  Fine not exceeding 50 penalty units.

(2)  This section does not require notice to be given –

(a) [Section 59B Subsection (2) amended by No. 15 of 2017, s. 26, Applied:13 Jun 2017] where the Secretary has previously been notified in relation to the person by the specified person or by a medical practitioner or dentist in the same medical or dental practice, and an authorisation to make available under section 59E has been issued in relation to the person; or