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Contents (2008 - 392)
Poisons and Therapeutic Goods Regulation 2008
Current version for 1 July 2017 to date (accessed 18 November 2017 at 13:58)
Part 4 Division 1
Division 1 Packaging and labelling
69   Packaging and labelling generally
(1)  A dealer who supplies a drug of addiction must ensure that the drug is packaged and labelled:
(a)  in accordance with the relevant provisions of the current Poisons Standard, and
(b)  in the case of a drug of addiction to which Therapeutic Goods Order No. 80 applies, in accordance with that Order.
(2)  Despite subclause (1), an authorised practitioner who supplies a drug of addiction must ensure that the drug is packaged in accordance with the requirements of that subclause but labelled in accordance with the requirements of Appendix A.
(3)  A pharmacist who supplies any quantity of a drug of addiction on prescription must ensure that the drug is supplied in a package that is labelled in accordance with the requirements of Appendix A instead of in accordance with the requirements of subclause (1).
(4)  Despite subclause (1), an authorised practitioner or pharmacist who supplies a drug of addiction 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 drug in accordance with that Order.
Maximum penalty: 10 penalty units.
70   Misleading labelling of substances as drugs of addiction
A dealer must not supply any substance in a container that has a label that states or implies that the substance is a drug of addiction, unless the substance is such a drug.
Maximum penalty: 10 penalty units.
71   Packages to be sealed so that broken seal is readily distinguishable
(1)  A dealer who supplies any drug of addiction must ensure that the drug is packaged in such a way that:
(a)  its container is so sealed that, when the seal is broken, it is readily distinguishable from sealed containers, and
(b)  if several containers are enclosed in a single primary pack, the primary pack is so sealed that, when the seal is broken, it is readily distinguishable from sealed primary packs.
(2)  This clause does not apply to the supply of a drug of addiction:
(a)  by an authorised practitioner in the practice of his or her profession, or
(b)  by a pharmacist on the prescription of an authorised practitioner, or
(c)  by a pharmacist employed at a hospital, on the written requisition of an authorised practitioner (other than a veterinary practitioner) or the nurse or midwife in charge of the ward in which the drug is to be used or stored, or
(d)  by a nurse or midwife on the direction in writing of an authorised practitioner (other than a veterinary practitioner).
Maximum penalty: 20 penalty units.
72   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.