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Contents (2008 - 392)
Poisons and Therapeutic Goods Regulation 2008
Current version for 1 July 2017 to date (accessed 19 November 2017 at 08:29)
Part 2 Division 4
Division 4 Supply
17   Schedule 2 and 3 substances may be supplied by authorised persons
A person who is not an authorised practitioner or a pharmacist may supply a Schedule 2 or 3 substance to another person if the supplier holds a licence or authority under Part 8 to supply the substance.
18   Schedule 3 substances to be supplied personally by pharmacists
(1)  A pharmacist must not supply a Schedule 3 substance to any person unless the pharmacist:
(a)  personally hands the substance to the person, and
(b)  gives the person an opportunity to seek advice as to the use of the substance, including advice that the person may require in respect of the dosage, frequency of administration and general toxicity of the substance.
(2)  This clause does not apply to the supply of any substance:
(a)  to an authorised practitioner, or
(b)  to any other person on the prescription of an authorised practitioner.
(3)  This clause does not apply to the supply of salbutamol or terbutaline in metered aerosols for first aid purposes to a person who holds a current emergency asthma management certificate issued by an organisation approved by the Director-General for the purposes of this subclause.
(4)  This clause does not apply to the supply to the director of nursing of a nursing home of any substance in the manufacturer’s original pack, in accordance with a written order signed by the director of nursing, if the Director-General has determined that the substance may be supplied for emergency use at the nursing home in accordance with the authorisation of a medical practitioner, nurse practitioner, podiatrist, dentist or optometrist who prescribes substances to the nursing home’s residents.
(5)  This clause does not apply to the supply of adrenaline for anaphylaxis first aid purposes if:
(a)  the adrenaline is contained in single use automatic injectors that have been filled by the manufacturer and that deliver no more than 0.3 milligrams of adrenaline each, and
(b)  the supply is to a person who holds a current first aid certificate issued after completion of a first aid course approved by the WorkCover Authority as referred to in regulations made under the Occupational Health and Safety Act 2000, and the person has received training on the symptoms and first aid management of anaphylaxis from:
(i)  a first aid training organisation approved by the WorkCover Authority, or
(ii)  any other organisation approved by the Director-General for the purposes of this paragraph.
Maximum penalty: 10 penalty units.
19   Prescriptions for Schedule 2 or 3 substances to be endorsed
(1)  A pharmacist who supplies a Schedule 2 or 3 substance on prescription must endorse the prescription for the substance in accordance with clause 41 as if the substance were a restricted substance.
Maximum penalty: 10 penalty units.
(2)  The Director-General may, by order in writing, exempt any person or substance, or any class of persons or substances, from any or all of the requirements of this clause.
(3)  Such an exemption may be given unconditionally or subject to conditions.
20   Certain Schedule 7 substances to be supplied and used only under an authority
(1)  A person must not obtain or use a Schedule 7 substance unless the person holds an authority under Part 8 to obtain or use the substance.
Maximum penalty: 10 penalty units.
(2)  A dealer must not supply a Schedule 7 substance to any other person unless:
(a)  the dealer holds an authority under Part 8 to supply the substance, and
(b)  the person being supplied holds an authority under Part 8 to obtain the substance.
Maximum penalty: 10 penalty units.
(3)  A person being supplied with a Schedule 7 substance must surrender to the dealer the person’s authority to obtain the substance.
Maximum penalty: 10 penalty units.
(4)  In the case of an authority:
(a)  that authorises multiple supplies of a Schedule 7 substance, or
(b)  that has been issued to a class of persons (as referred to in clause 170 (4)),
it is sufficient compliance with subclause (3) if the person being supplied surrenders a copy of the authority to the dealer.
(5)  The functions of the Director-General under Part 8 with respect to an authority under this clause may be exercised by the Permanent Head of the Commonwealth Department of Health.
(6)  The Director-General may, by order in writing, exempt any person or substance, or any class of persons or substances, from any or all of the requirements of this clause.
(7)  Such an exemption may be given unconditionally or subject to conditions.
(8)  This clause does not apply to:
(a)  the supply by wholesale of any Schedule 7 substance, or
(b)  the use by a person of any Schedule 7 substance that is:
(i)  a pesticide (within the meaning of the Pesticides Act 1999), or
(ii)  a stock medicine (within the meaning of the Stock Medicines Act 1989),
or the supply to, or obtaining by, such a person of any such substance, or
(c)  the use by a person in charge of an institution or facility for scientific research, instruction, analysis or study of any Schedule 7 substance for use in that institution or facility, or the supply to, or obtaining by, such a person of any such substance for use in that institution or facility, or
(d)  the use by a person of any Schedule 7 substance (other than a highly dangerous substance) for non-domestic purposes, or the supply to, or obtaining by, a person of any such substance for use for non-domestic purposes.
(9)  In subclause (8) (d), highly dangerous substance means any of the following substances:
arsenic
cyanides
fluoroacetamide
fluoroacetic acid
hydrocyanic acid
strychnine
thallium
21   “Particular use” poisons may only be supplied in original containers
(1)  This clause applies to any Schedule 5, 6 or 7 substance that is specified in the Poisons List as being a substance that is manufactured or supplied for a particular use.
(2)  A dealer (other than an authorised practitioner or pharmacist) who supplies a substance to which this clause applies must supply the substance, unopened, in the container in which it was received by the dealer.
Maximum penalty: 10 penalty units.
22   Supply of art materials, toys, furniture and the like containing poisons
(1)  A person must not supply any pencil, crayon, finger colour, poster paint, school pastel or show card colour or other such article or substance if the article or substance contains a Schedule 2, 3, 5, 6 or 7 substance.
(2)  Subclause (1) does not apply to the supply of artists’ oil colours.
(3)  A person must not supply any painted toy, furniture or other item of household goods if the paint contains a Schedule 6 or 7 substance.
Maximum penalty: 10 penalty units.
23   Quantity and purpose of supply to be appropriate
An authorised practitioner, pharmacist or retail dealer must not supply any poison:
(a)  in the case of a therapeutic substance, in a quantity, or for a purpose, that does not accord with the recognised therapeutic standard of what is appropriate in the circumstances, or
(b)  in any other case, for a purpose other than that stated on its container or for a purpose other than that for which it is normally used.
Maximum penalty: 20 penalty units or imprisonment for 3 months, or both.