Section 10 - Poisons and Therapeutic Goods Act 1966 - Prohibition on supply of certain substances otherwise than by wholesale

10Prohibition on supply of certain substances otherwise than by wholesale

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10 Prohibition on supply of certain substances otherwise than by wholesale

(1) A person who supplies otherwise than by wholesale any substance specified in Schedule 1, 2 or 3 of the Poisons List except under, and in accordance with the conditions of, a general supplier’s licence or a general supplier’s authority issued under the regulations is guilty of an offence.

Maximum penalty—15 penalty units or imprisonment for 6 months, or both.

(2) Subsection (1) does not apply to a supply—

(a) by a medical practitioner, dentist, veterinary practitioner or pharmacist in the lawful practice of his or her profession, or

(a1) by a nurse practitioner, who is authorised under section 17A to supply the substance, in the lawful practice of his or her profession as such, or

(a2) by an optometrist, who is authorised under section 17B to supply the substance, in the lawful practice of his or her profession as such, or

(a3) by a midwife practitioner who is authorised under section 17A to supply the substance in the lawful practice of his or her profession as such, or

(a4) by a podiatrist, who is authorised under section 17C to supply the substance, in the lawful practice of his or her profession as such, or

(b) by any other person, or person of a class, licensed or authorised by or under this Act to supply the substance.

(3) A person who supplies a restricted substance otherwise than by wholesale is guilty of an offence.

Maximum penalty—

(a) 20 penalty units or imprisonment for 2 years, or both, if the restricted substance involved in the offence is of a kind prescribed by the regulations for the purposes of this section, or

(b) 15 penalty units or imprisonment for 6 months, or both, in any other case.

(4) Subsection (3) does not apply to a supply of a restricted substance—

(a) by a medical practitioner, dentist or veterinary practitioner in the lawful practice of his or her profession, or

(a1) by a nurse practitioner, who is authorised under section 17A to supply the substance, in the lawful practice of his or her profession as such, or