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Poisons and Therapeutic Goods Regulation 2008
24Supply of certain Schedule 2 or 3 substances to be recorded
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#### 24 Supply of certain Schedule 2 or 3 substances to be recorded
24 Supply of certain Schedule 2 or 3 substances to be recorded
> > (1) A pharmacist who supplies pseudoephedrine on prescription must record details of the supply in accordance with clause 55 as if pseudoephedrine were a restricted substance.
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> > Maximum penalty—20 penalty units or imprisonment for 3 months, or both.
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> > (1A) A pharmacist who supplies pseudoephedrine to a person without a prescription must, at the time of the supply, record the following details in an electronic form approved by the Secretary—
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> > > (a) a unique reference number for the supply,
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> > > (b) the name of the person by whom the pseudoephedrine is supplied,
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> > > (c) the name and address of the person to whom the pseudoephedrine is supplied,
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> > > (d) the name, strength (if not readily apparent) and quantity of the pseudoephedrine supplied and the date on which it is supplied,
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> > > (e) if the pharmacist does not know the identity of the person to whom the pseudoephedrine is supplied, the unique reference number of a photo identification of the person and the type of that identification.
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> > Maximum penalty—20 penalty units or imprisonment for 3 months, or both.
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> > (2) Subclauses (1) and (1A) apply to pseudoephedrine only in so far as it is a Schedule 3 substance.
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> > (2A) The operator of a residential care facility in which medication charts are used must ensure that an employee of the facility makes a record in the medication chart of a resident of the facility of the administration of any Schedule 2 or 3 substance to the resident.
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> > Maximum penalty—10 penalty units.
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> > (3) The Secretary may, by order in writing, exempt any person or any class of persons from the requirements of this clause.
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> > (4) Such an exemption may be given unconditionally or subject to conditions.
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> > (5) In this clause—
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> > photo identification means any of the following types of identification held by the person being supplied—
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> > > (a) an Australian driver licence that displays a photograph of the person, or
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> > > (b) a passport, or
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> > > (c) a NSW Photo Card issued under the [Photo Card Act 2005](/view/html/inforce/current/act-2005-020), or
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> > > (d) a card issued under a law of the Commonwealth or another State or Territory for the purpose of proving the person’s age which contains a photograph of the person in whose name the card is issued.
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> **cl 24:** Am 2015 (138), Sch 1 \[2\]; 2015 (814), Sch 1 \[1\]–\[4\]; 2021 (372), Sch 1\[6\].