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Voluntary Assisted Dying Act 2024
60Possessing, preparing and supplying approved
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60 Possessing, preparing and supplying approved
substances—approved suppliers and couriers
(1) An approved supplier may—
(a) possess an approved substance; or
(b) prepare the substance for the purpose of supplying it under this
section.
(2) If an approved supplier receives a prescription for an approved
substance, the supplier may supply the substance to—
(a) for an individual who has made a self-administration decision—
the individual or their contact person; or
(b) for an individual who has made a practitioner administration
decision—the individual’s administering practitioner.
(3) However, an approved supplier must not supply an approved
substance under subsection (2) unless—
(a) the prescription was issued—
(i) for any part of the prescription relating to an approved
substance that is a controlled medicine—not more than
6 months before the day the supplier supplies the
substance; or
(ii) in any other case—not more than 12 months before the day
the supplier supplies the substance; and
(b) the supplier is satisfied about—
(i) the authenticity of the prescription; and
(ii) the identity of the coordinating practitioner who issued the
prescription; and
(iii) the identity of the individual, contact person or
administering practitioner to whom the approved substance
is being supplied; and
(c) the supplier has labelled the substance in accordance with any
substance labelling requirements prescribed by regulation; and
(d) the supplier complies with any other requirements about the
supply of an approved substance prescribed by regulation; and
(e) if the prescription is a subsequent prescription issued under
section 59 and an approved substance was previously supplied
for an individual under another prescription—the supplier is
satisfied that the previously supplied substance has been—
(i) given to an approved disposer; or
(ii) reported as lost or stolen in accordance with the Medicines,
Poisons and Therapeutic Goods Act 2008, section 39; and
(f) the supplier supplies the substance to the person—
(i) personally; or
(ii) using a courier in the circumstances prescribed by
(4) An approved supplier commits an offence if the supplier—
(a) supplies an approved substance to a person under subsection (2);
and
(b) does not personally supply the substance to the person; and
(c) does not supply the substance in accordance with
subsection (3) (f) (ii).
(5) A courier may do any of the following in relation to an approved
substance:
(a) receive the substance from an approved supplier for a purpose
mentioned in paragraph (b) or (c);
(b) possess the substance for the purpose mentioned in
paragraph (c);
(c) deliver the substance to the person to whom it is addressed.
(6) A courier must comply with any requirements prescribed by
regulation when doing a thing mentioned in subsection (5).
(7) If an approved supplier supplies an approved substance under
subsection (2), the supplier must, within 4 business days after the day
they supply the substance—
(a) prepare a written record of the supply (a supply record) that
includes any information prescribed by regulation; and
(b) give a copy of the supply record to—
(ii) the director-general.
Maximum penalty (paragraph (b) (i)): 20 penalty units.
(8) An offence against subsection (7) (b) (i) is a strict liability offence.
(9) The approved supplier must keep the supply record for at least 2 years
after the day they supply the approved substance.
(10) In this section:
controlled medicine—see the Medicines, Poisons and Therapeutic
Goods Act 2008, section 11 (2).
courier means a person who meets the requirements prescribed by