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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 21 September 2017 at 04:16)
Part 3 Division 7
Division 7 Miscellaneous
61   Prescribed restricted substances
(1)  For the purposes of section 16 of the Act, the substances specified in Appendix D are prescribed restricted substances.
(2)  The substances specified in Appendix D are also restricted substances for the purposes of sections 9, 10, 11 and 18 of the Act, as referred to in paragraph (a) of the matter specified at the end of sections 9 (1), 10 (3), 11 (1) and 18 of the Act with respect to penalties.
(3)  For the purposes of section 18A (1) of the Act, the quantities specified in Appendix D are the prescribed quantities for the corresponding restricted substances specified in that Appendix.
62   Authorised persons
For the purposes of section 16 (1) (e) of the Act, the following persons are authorised to obtain possession of prescribed restricted substances for the purposes of their profession or employment:
(a)  the director of nursing of a hospital that does not employ a chief pharmacist,
(b)  the nurse or midwife in charge of a ward in a public hospital,
(c)  a nurse or midwife who is approved for the time being by the Director-General for the purposes of this clause, or who belongs to a class of nurses or a class of midwives so approved,
(d)  any other nurse or midwife, but for the purpose only of administering doses of such substances to individual patients in a hospital,
(e)  an analyst, or a person acting under the direct personal supervision of an analyst.
63   Disclosure of other prescribed restricted substances obtained or prescribed
(1)  A person who asks an authorised practitioner (other than a veterinary practitioner):
(a)  to supply the person with a prescribed restricted substance, or
(b)  to give the person a prescription for a prescribed restricted substance,
must disclose to the authorised practitioner the quantity of that and any other prescribed restricted substance with which the person has been supplied, or for which the person has been given prescriptions, within the last 2 months.
(2)  If the request is made on behalf of some other person, the person making the request is obliged only to furnish such information as is within that person’s knowledge.
Maximum penalty: 20 penalty units.
64   Delivery by carrier
A carrier is authorised to be in possession of a package containing a prescribed restricted substance, but for the purpose only of delivering it to the person to whom it is addressed.
65   Pentobarbitone sodium
(1)  This clause applies to pentobarbitone sodium to the extent only to which it is a restricted substance, and not to the extent to which it is a drug of addiction.
(2)  An authorised person who uses pentobarbitone sodium for the destruction of animals must ensure that the requirements of this clause are complied with.
(3)  Pentobarbitone sodium must be kept separately from all other goods in a safe, cupboard or other receptacle:
(a)  that is securely attached to a part of the premises, and
(b)  that is kept securely locked except when in immediate use.
(4)  An authorised person must keep a separate register of all pentobarbitone sodium that is obtained or used by the authorised person.
(5)  On the day on which an authorised person obtains or uses any pentobarbitone sodium, the authorised person must enter in the register such of the following details as are relevant to the transaction:
(a)  the quantity that was obtained or used,
(b)  the name and address of the person from whom it was obtained,
(c)  the number and species of animals for which it was used,
(d)  the total quantity held by the authorised person after the entry is made.
(6)  Each entry must be dated and signed by the authorised person.
(7)  In this clause, authorised person means:
(a)  a person nominated by the council of a local government area, or
(b)  an officer of an animal welfare organisation nominated by the organisation,
being in either case a person who is authorised under section 16 (1) (d) of the Act to obtain possession of pentobarbitone sodium for the humane destruction of animals.
Maximum penalty: 20 penalty units.
66   Restricted substances to be used or disposed of safely
A person must not use or dispose of a restricted substance in any place or in any manner likely to constitute a risk to the public.
Maximum penalty: 15 penalty units.
67   Loss or theft of prescribed restricted substances
(1)  A person must immediately notify the Director-General if the person loses a prescribed restricted substance or if a prescribed restricted substance is stolen from the person.
(2)  This clause does not apply to the loss of any substance by, or the theft of any substance from, a person who has been supplied with the substance by, or on the prescription of, an authorised practitioner.
Maximum penalty: 20 penalty units.
68   Forfeiture of prescribed restricted substances
The court before which a person is convicted of the illegal possession of a prescribed restricted substance may order that the substance be forfeited to the Crown, and may further order the forfeited substance to be destroyed or otherwise disposed of as the court thinks fit.