38Destruction of narcotic substances prohibited

38 Destruction of narcotic substances prohibited

(1)  A person who is licensed or authorised to be in possession of a narcotic substance must not wilfully –

(a) destroy that narcotic substance; or

(b) cause or permit that narcotic substance to be destroyed.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Subregulation (1) does not apply to the destruction of a narcotic substance –

(a) by or under the personal supervision of an inspector under a direction of the Minister; or

(b) in the possession of a person obtained pursuant to the prescription of a medical practitioner, veterinary surgeon, authorised health professional or dentist; or

(c) by the person for the time being holding, or performing the duties of, the office of Chief Pharmacist in the Department in the course of the duties of that office; or

(d) by the holder of an office of analyst under section 19 of the Act in the course of the duties of that office; or

(e) by a person authorised in writing to do so by the Secretary; or

(f) by any 2 health professionals working jointly to destroy the narcotic substance; or

(g) by an enrolled nurse working jointly with a health professional to destroy the narcotic substance.

(3)  An authorisation given under subregulation (2)(e) is subject to any conditions specified in it.

(4)  A person who destroys, or works jointly with another person to destroy, a narcotic substance must complete a narcotic substances register in accordance with regulation 18 in respect of that substance.

Penalty:  Fine not exceeding 10 penalty units.