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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 20 September 2017 at 06:46)
Part 4 Division 4 Subdivision 2
Subdivision 2 Supply without prescription
95   Supply and receipt of drugs of addiction generally
(1)  A person who is authorised to supply drugs of addiction (whether by this Division or by an authority or licence under Part 8) may supply a drug of addiction to an authorised person, being:
(a)  any person who is authorised to have possession of such a drug of addiction, or
(b)  any other person if the other person is in possession of a certificate, signed by a person so authorised, to the effect that the other person is authorised to obtain the drug of addiction on behalf of the person so authorised.
(2)  A supplier may supply drugs of addiction under this clause on the basis of a written order signed by an authorised person or on the basis of an order received from an authorised person by telephone, electronic mail or facsimile.
(3)  A person who orders and receives a drug of addiction must notify the supplier of the receipt of the drug within 24 hours after that receipt.
(4)  The notice under subclause (3) must be in writing and must be dated and signed by an authorised person.
(5)  If a supplier, who supplies a drug of addiction on the basis of an order, does not receive written notice of the order under subclause (3) within 7 days after the drug is supplied, the supplier must report that fact to the Director-General.
(6)  A person who supplies a drug of addiction in accordance with this clause must:
(a)  keep and cancel the relevant order, and
(b)  keep the written notice under subclause (3) and (if the drug is supplied as referred to in subclause (1) (b)) the relevant certificate.
Maximum penalty: 20 penalty units.
96   Emergency supply by pharmacists
(1)  A pharmacist may supply a person with a drug of addiction in accordance with a direction given under clause 81.
(2)  A pharmacist who supplies a drug of addiction in accordance with this clause:
(a)  must keep and cancel the prescription that is subsequently sent in confirmation of the direction, or
(b)  if such a prescription is not received within 7 days after the drug is supplied, must report that fact to the Director-General.
Maximum penalty: 20 penalty units.
97   Supply by pharmacists for emergency purposes
A pharmacist may supply an authorised practitioner with a drug of addiction for emergency use, but only on a written order signed and dated by the authorised practitioner.
98   Supply of amphetamines and nabiximols
(1)  This clause applies to the following substances:
amphetamine
dexamphetamine
lisdexamfetamine
methylamphetamine
methylphenidate
nabiximols
phendimetrazine
phenmetrazine
(2)  A medical practitioner does not require an authority under section 29 of the Act to supply dexamphetamine, lisdexamfetamine or methylphenidate to a person for the purpose of testing the suitability of the person to undergo a course of medical treatment involving the use of such a substance so long as the medical practitioner holds an authority under Part 8 to supply such a substance.
(3)  A nurse practitioner, midwife practitioner, dentist or veterinary practitioner is not authorised to supply any substance to which this clause applies.
(4)  This clause does not prevent a veterinary practitioner from supplying methylphenidate in solid dosage form to a person for the treatment of an animal.