NSWIn ForceRegulation
Poisons and Therapeutic Goods Regulation 2008
76AStorage in managed correctional centres
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#### 76A Storage in managed correctional centres
76A Storage in managed correctional centres
> > (1) The management company for a managed correctional centre must ensure that drugs of addiction at the managed correctional centre are stored in a separate safe apart from other goods or substances.
>
> > (2) Unless otherwise approved for the time being by the Secretary, the safe must comply with the requirements specified in clause 76(2)(a)–(g).
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> > (3) The management company for a managed correctional centre must ensure that—
> >
> > > (a) the safe is kept securely locked when not in immediate use, and
> >
> > > (b) a key or other device that unlocks the safe is—
> > >
> > > > (i) kept on the person of an appropriate person at the managed correctional centre, or
> > >
> > > > (ii) locked in a separate safe that can be unlocked only by an appropriate person, and
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> > > (c) a code or combination that is required to unlock the safe is not disclosed to a person who is not an appropriate person.
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> > (4) Despite subclause (1), a drug of addiction that requires refrigeration may be kept in a refrigerator instead of a safe if the following requirements are met—
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> > > (a) the refrigerator must be in a room, part of a room or an enclosure to which the public does not have access,
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> > > (b) the refrigerator, or a cupboard or receptacle in which the refrigerator is kept, must be securely attached to a part of the premises,
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> > > (c) the refrigerator, or the room, cupboard or receptacle in which the refrigerator is kept, must be kept securely locked when not in immediate use,
> >
> > > (d) a key or other device that unlocks the refrigerator, or the room, cupboard or receptacle in which the refrigerator is kept, must be—
> > >
> > > > (i) kept on the person of an appropriate person at the managed correctional centre, or
> > >
> > > > (ii) locked in a safe that can be unlocked only by an appropriate person,
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> > > (e) a code or combination that is required to unlock anything under this subclause must not be disclosed to a person who is not an appropriate person,
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> > > (f) the refrigerator must not be used to store an item that is not a Schedule 2, 3, 4 or 8 substance or a therapeutic good.
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> > (5) The management company for a managed correctional centre must appoint, by written instrument, a pharmacist employed at the managed correctional centre as the person responsible for the storage of drugs of addiction at the managed correctional centre.
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> > (6) If there is no pharmacist employed at the managed correctional centre, an authorised practitioner or nurse in charge may be appointed.
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> > (7) This clause does not apply to drugs of addiction at a retail pharmacy located at a managed correctional centre.
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> > (8) This clause does not prevent drugs of addiction from being stored with prescribed restricted substances.
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> > (9) In this clause—
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> > appropriate person means—
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> > > (a) a person appointed under subclause (5) or (6), or
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> > > (b) an authorised practitioner, nurse, midwife or pharmacist appointed, by written instrument, by the management company for the managed correctional centre for the purposes of this clause.
> >
> > authorised practitioner does not include a veterinary practitioner.
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> Maximum penalty—20 penalty units.
>
> **cl 76A:** Ins 2021 (386), Sch 1\[8\].