Division 1Division 1 Restrictions on possession, manufacture, supply, etc, of drugs of addiction
23 Possession and supply of drugs of addiction by carers
Despite any other provision of or made under this or any other Act, a person who has the care of, or is assisting in the care of, another person (for or to whom the supply of a drug of addiction has been authorised by the prescription of a medical practitioner, nurse practitioner, midwife practitioner or dentist) is not guilty of an offence in relation to the possession or supply of the drug if the person is in possession of the drug for the sole purpose of administering, or assisting in the self-administration of, the drug to the other person and does so in accordance with that prescription.
24 Regulations under Division 1 of Part 4
(1) Without limiting the generality of section 45C, the Governor may, for the purpose of preventing the improper use of drugs of addiction, make regulations under this Division for or with respect to:(a) prohibiting the manufacture of any drug of addiction except on premises licensed for the purpose and subject to the conditions specified in the licence,(b) prohibiting the manufacture or supply of any such drug except by persons licensed or otherwise authorised under the regulations and subject to any conditions specified in the licence or authority,(c) prohibiting the issue by persons other than medical practitioners, nurse practitioners, midwife practitioners, dentists or veterinary practitioners of prescriptions containing any such drug,(d) prohibiting or regulating the issue by medical practitioners, nurse practitioners, midwife practitioners, dentists or veterinary practitioners of prescriptions containing any such drug, the dispensing of such prescriptions, and the supply of any such drugs thereunder,(e) requiring persons engaged in the manufacture or supply of any such drug to keep such books and furnish such information either in writing or otherwise to such persons as may be prescribed, and making provision for the inspection of such books and records by prescribed persons,(f) fixing the fees to be paid in respect of any licence, inspection, permit, or authority made or issued under the regulations,(g) providing for the forfeiture of any such drug unlawfully in the possession of any person,(h) providing that any specified breach of the regulations shall be regarded as “misconduct in a professional respect” within the meaning of any Act,(h1) prohibiting or regulating the administering, otherwise than on the order of a medical practitioner, nurse practitioner, midwife practitioner or dentist, of any drug of addiction, and(i) generally, regulating and controlling the manufacture, possession and supply of drugs of addiction.(j) (Repealed)(2) Regulations shall be made under this Division making provision for or with respect to:(a) authorising pharmacists to be in possession of any drug of addiction for the purposes of:(i) manufacturing at their respective shops in the ordinary course of their respective retail businesses any preparation, admixture, or extract of that drug, and(ii) carrying on at their respective shops the business of supplying, dispensing, or compounding that drug,(b) authorising medical practitioners, pharmacists employed in dispensing medicines at any public hospital or other institution, dentists and veterinary practitioners to be in possession of and to supply, in the lawful practice of their professions as such, any drug of addiction, subject to such conditions and restrictions as may be prescribed,(b1) authorising nurse practitioners or midwife practitioners employed in dispensing medicines at any public hospital or other institution to be in possession of and to supply, in the lawful practice of their professions as such, any drug of addiction, subject to such conditions and restrictions as may be prescribed,(c) authorising persons in charge of laboratories for the purpose of research or instruction, and such other persons as to the Minister may seem proper to be in possession of any drug of addiction for the purposes of their professions or employments, subject to such conditions and restrictions as may be prescribed,(d) the issue, grant and renewal of licences or authorities for the purposes of this Division by the Director-General on such terms and subject to such conditions (including in the case of a licence the payment of a fee) as the Director-General thinks proper, and(e) the withdrawal and suspension of any such licence or authority by the Director-General.(f) (Repealed)(2A), (3) (Repealed)(4)(a) A general licence to manufacture drugs of addiction shall not be issued.(b) A licence to manufacture drugs of addiction shall be limited to the manufacture of a particular drug or drugs specified in the licence.(c) Several licences to manufacture drugs of addiction may be issued to the same person.(5) Subject to this Division, a regulation made under this Division may apply:(a) to all drugs of addiction, to any such drug specified in the regulation, or to all such drugs other than those so specified, and(b) to all persons, to persons or classes of persons specified in the regulations, or to all persons other than persons or classes of persons so specified.
25 Further offences against this Division
Any person:(a) (Repealed)(b) who acts in contravention of or fails to comply with the conditions of any licence issued or authority granted under or in pursuance of this Division, or(c) who, for the purpose of obtaining, whether for himself or herself or for any other person, the issue, grant, or renewal of any such licence or authority as aforesaid, makes any declaration or statement which is false in any particular, or knowingly utters, produces, or makes use of any such declaration or statement or a document containing such a declaration or statement,shall be guilty of an offence against this Division.
(1) Every person guilty of an offence against this Division shall in respect of each offence be liable to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 2 years, or to both such fine and imprisonment, and the court convicting any such person may order that any article in respect of which the offence was committed shall be forfeited to Her Majesty.(2) The court before which the offender was convicted of an offence against this Division may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.(3) No person shall, on conviction for any offence of contravening or failing to comply with the conditions of any licence issued or authority granted under the regulations made under this Division to supply a drug of addiction or any regulation relating to the keeping of books or the issuing or dispensing of prescriptions containing a drug of addiction, be sentenced to imprisonment without the option of a fine or to pay a fine exceeding 1 penalty unit, if the court dealing with the case is satisfied that the offence was committed through inadvertence and was not preparatory to or committed in the course of or in connection with the commission or intended commission of any other offence against this Division.(4) Any person who attempts to commit an offence against this Division, or solicits or incites another person to commit such an offence, shall, without prejudice to any other liability, be liable to the same punishment and forfeiture as if the person had committed an offence against this Division.(5) (Repealed)(6) In any proceedings against a person for an offence against this Division it shall not be necessary to negative by evidence any licence, authority, or other matter of exception or defence, and the burden of proving any such matter shall lie on the person seeking to avail himself or herself of the matter.