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Contents (2008 - 392)
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Poisons and Therapeutic Goods Regulation 2008
Current version for 1 July 2017 to date (accessed 24 September 2017 at 15:02)
Part 3 Division 1
Division 1 Packaging and labelling
26   Packaging and labelling generally
(1)  A dealer who supplies a restricted substance must ensure that the substance is packaged and labelled:
(a)  in accordance with the relevant provisions of the current Poisons Standard, and
(b)  in the case of a substance to which Therapeutic Goods Order No. 80 applies, in accordance with that Order.
(2)  Despite subclause (1), an authorised practitioner who supplies a restricted substance must ensure that the substance is packaged in accordance with the requirements of subclause (1) but labelled in accordance with the requirements of Appendix A.
(3)  Despite subclause (1), a pharmacist who supplies a restricted substance on prescription, or as referred to in clause 45, or who supplies the restricted substance benzylpenicillin as referred to in clause 48, must ensure that the substance is packaged and labelled in accordance with the requirements of Appendix A.
(4)  Despite subclause (1), an authorised practitioner or pharmacist who supplies a restricted substance to a person who, in the opinion of the authorised practitioner or pharmacist, would suffer undue hardship through difficulty in opening a container that is packaged in accordance with Therapeutic Goods Order No. 80, is not required to package the substance in accordance with that Order.
Maximum penalty: 10 penalty units.
27   Misleading labelling of substances as restricted substances
A dealer must not supply any substance in a container that has a label that states or implies that the substance is a restricted substance, unless the substance is such a substance.
Maximum penalty: 10 penalty units.
28   Exemptions
(1)  The Director-General may, by order in writing, exempt any person or substance, or any class of persons or substances, from the requirements of this Division.
(2)  Such an exemption may be given unconditionally or subject to conditions.
(3)  Subject to subclause (4), any exemption in force under a law of the Commonwealth, or of another State or a Territory, corresponding to this clause has the same effect as an exemption under this clause.
(4)  The Director-General may, by order published in the Gazette, declare that subclause (3) does not have effect with respect to an exemption specified in the order.