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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 20:24)
Part 4 Division 4 Subdivision 4
Subdivision 4 Manufacture, possession and supply generally
100   Unauthorised manufacture and supply of drugs of addiction prohibited
(1)  A person must not manufacture or supply a drug of addiction unless the person is authorised to do so by this Division or by an authority or licence under Part 8.
(2)  This Division does not authorise a person to manufacture or supply drugs of addiction in contravention of any prohibition or restriction to which the person is otherwise subject.
Maximum penalty: 20 penalty units.
101   Possession and supply of drugs of addiction
(1)  The following persons are authorised to have possession of, and to supply, drugs of addiction:
(a)  an authorised practitioner,
(b)  the chief pharmacist of, and any pharmacist employed in dispensing medicines at, any public hospital or other public institution,
(c)  the director of nursing of a hospital in which a pharmacist is not employed,
(d)  the nurse or midwife in charge of a ward in a public hospital,
(e)  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,
(f)  any other nurse or midwife, but for the purpose only of administering doses of such drugs to individual patients in a hospital,
(g)  a person:
(i)  who is employed in the Ambulance Service of NSW as an ambulance officer or as an air ambulance flight nurse, and
(ii)  who is approved for the time being by the Director-General for the purposes of this clause.
(2)  The following persons are authorised to have possession of (but not to supply) drugs of addiction:
(a)  a person in charge of a laboratory used for the purpose of analysis, research or instruction, who is, or who belongs to a class of persons who are, authorised for the time being by the Director-General for the purposes of this clause,
(b)  an analyst,
(c)  a person acting under the direct personal supervision of a person referred to in paragraph (a) or (b).
(3)  This clause authorises a person referred to in subclause (1) or (2) to have possession of, or to supply, drugs of addiction for the purpose only of the lawful practice of the person’s profession or occupation.
(4)    (Repealed)
(5)  This clause does not authorise a nurse practitioner, midwife practitioner, dentist or veterinary practitioner to have possession of, or to supply, any of the following substances:
amphetamine
dexamphetamine
lisdexamfetamine
methylamphetamine
methylphenidate (other than methylphenidate in solid dosage form, in the case of a veterinary practitioner)
nabiximols
phendimetrazine
phenmetrazine
102   Possession and manufacture of drugs of addiction by retail pharmacists
(1)  A retail pharmacist is authorised:
(a)  to have possession of drugs of addiction, and
(b)  to manufacture drugs of addiction and any preparation, admixture or extract of a drug of addiction,
but only if he or she does so at the premises of, and in the course of carrying on a pharmacy business.
(2)    (Repealed)
Maximum penalty: 20 penalty units.
103   Possession of drugs of addiction by directors of nursing of private health facilities and nursing homes
(1)  The director of nursing of a private health facility or nursing home is authorised to have possession of the following drugs of addiction in the following quantities:
(a)  no more than 5 ampoules, each of 1 millilitre or less, of morphine sulfate, at a concentration of 30 milligrams or less of morphine sulfate per millilitre,
(b)  no more than 5 ampoules, each of 2 millilitres or less, of pethidine hydrochloride, at a concentration of 50 milligrams or less of pethidine hydrochloride per millilitre.
(1A)  The Director-General may, by order in writing, authorise the possession of a drug of addiction specified in subclause (1), by the director of nursing of a specified private health facility or nursing home, in a quantity that exceeds the limit specified in subclause (1).
(1B)  The Director-General may, by order published in the Gazette, authorise the possession of a drug of addiction specified in subclause (1), by a director of nursing of a specified class of private health facilities or nursing homes, in a quantity that exceeds the limit specified in subclause (1).
(2)  A retail pharmacist is authorised to supply a drug of addiction to the director of nursing of a private health facility or nursing home but only if the drug is supplied:
(a)  at the premises of, and in the course of carrying on the business of, the pharmacy, and
(b)  in accordance with a written order signed by the director of nursing.
(3)  The director of nursing must not sign an order for any quantity of a drug of addiction if the quantity of that drug that will be in the possession of the director of nursing as a result of the order being filled will be in excess of the maximum quantity allowed by this clause.
(4)  The director of nursing must not allow any drug of addiction in his or her possession to be used otherwise than for administration to a patient in accordance with the directions of an authorised practitioner (other than a veterinary practitioner).
(5)  This clause does not limit the power of a director of nursing to have possession of drugs of addiction, or to supply drugs of addiction to patients, in accordance with a licence under Part 8.
Maximum penalty: 20 penalty units.
104   Possession of drugs of addiction by masters of ships
(1)  The master of a ship is authorised to have possession of drugs of addiction that are required by law to be carried on the ship.
(2)  A pharmacist may supply drugs of addiction to the master of a ship if the pharmacist is authorised to do so by an authority under Part 8.
(3)  A person must not supply a drug of addiction to the master of a ship unless the person receives:
(a)  a written order for the drug (in duplicate) signed by the master of the ship, and
(b)  a written statement (in duplicate) signed by the master of the ship to the effect that the drug is required by law to be carried on the ship, and
(c)  a certificate, issued by the ship’s agent in New South Wales, to the effect that the signatures appearing on the order and statement are those of the master of the ship.
(4)  A person who supplies a drug of addiction in accordance with this clause:
(a)  must keep and cancel the relevant order and statement, and
(b)  must cancel the duplicate copies of the order and statement and forward them to the Director-General, together with the certificate issued by the ship’s agent, within 24 hours.
(5)    (Repealed)
Maximum penalty: 20 penalty units.
105   (Repealed)
106   Authorities to possess and administer drugs of addiction
(1)  The following persons are authorised to have possession of drugs of addiction, but only if authorised to do so by an authority under Part 8:
(a)  a person in an isolated locality,
(b)  a person in charge of a first aid post,
(c)  a person representing an organisation established for search and rescue,
(d)  any other person the Minister may from time to time approve.
(2)  A person who is so authorised to have possession of a drug of addiction is also authorised to administer the drug to another person in an emergency.
107   Mode of delivery
(1)  A person who supplies drugs of addiction must do so personally, by registered mail or by carrier.
(2)  A person who supplies a drug of addiction personally:
(a)  must deliver it to the person being supplied at the premises of the supplier or at the premises of the person being supplied, and
(b)  must obtain a receipt, dated and signed, from the person to whom it is delivered.
(3)  A person who supplies a drug of addiction by registered mail must obtain and keep written evidence of postage of the drug.
(4)  A person who supplies a drug of addiction by carrier must obtain and keep written evidence of the consignment of the drug.
(5)  A person who supplies a drug of addiction must not deliver a drug of addiction by carrier otherwise than under an arrangement under which the carrier undertakes:
(a)  to obtain a receipt, dated and signed, from the person to whom the drug is delivered, and
(b)  to deliver the receipt to the supplier.
Maximum penalty: 20 penalty units.
108   Delivery by carrier
(1)  A carrier is authorised to be in possession of a package containing a drug of addiction, but for the purpose only of delivering it to the person to whom it is addressed.
(2)  A dealer (other than an authorised practitioner or pharmacist) who supplies a drug of addiction by post or by carrier must ensure that:
(a)  the drug is contained in a package that has at least one opaque covering, and
(b)  no other goods are contained in the package, and
(c)  the package contains a document:
(i)  listing the contents of the package, and
(ii)  bearing the words “SCHEDULE EIGHT—CHECK CAREFULLY” in bold face sans serif capital letters with a letter height of at least 12.5 millimetres, and
(d)  the outside of the package does not indicate that it contains a drug of addiction, and
(e)  the package is properly addressed to the person to whom the drug is being supplied.
(3)  This clause does not prevent a dealer from supplying a drug of addiction by means of a separately wrapped inner package within an outer package containing other goods so long as:
(a)  a document listing the contents of the inner package is contained in the inner package, and
(b)  the inner package is marked with the words “SCHEDULE EIGHT—CHECK CAREFULLY” in bold face sans serif capital letters with a letter height of at least 12.5 millimetres, and
(c)  the outside of the outer package does not indicate that it contains a drug of addiction, and
(d)  the outer package is properly addressed to the person to whom the drug is being supplied.
Maximum penalty: 20 penalty units.
109   Quantity and purpose of supply to be appropriate
An authorised practitioner or pharmacist must not supply any drug of addiction in a quantity, or for a purpose, that does not accord with the recognised therapeutic standard of what is appropriate in the circumstances.
Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.