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Contents (2008 - 392)
Poisons and Therapeutic Goods Regulation 2008
Current version for 1 July 2017 to date (accessed 20 November 2017 at 11:15)
Part 4
Part 4 Drugs of addiction (S8)
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.
Division 2 Storage
73   Storage generally
(1)  A person who is in possession of any drug of addiction must keep the drug:
(a)  in his or her possession stored apart from all other goods (other than cash or documents) in a separate room, safe, cupboard or other receptacle securely attached to a part of the premises and kept securely locked when not in immediate use, or
(b)  stored in any other manner approved by the Director-General for the particular person or class of persons to which the person belongs.
(2)  A person who is an authorised practitioner or a person referred to in clause 101 (1) (g) is taken to comply with subclause (1) (a) if he or she keeps any drug of addiction (for use in an emergency only) in a bag that is in a room, or in a vehicle, kept locked when not occupied by the person.
Maximum penalty: 20 penalty units.
74   Responsibility for storage in hospitals
(1)  The chief pharmacist of a hospital is responsible for the storage of all drugs of addiction at a hospital other than those that have been supplied to a ward.
(2)  In the case of a hospital for which there is no pharmacist, the responsibilities of a chief pharmacist under this clause are instead the responsibilities of:
(a)  the director of nursing of the hospital, or
(b)  the medical superintendent of the hospital,
as the chief executive officer of the hospital may determine.
(3)  The nurse or midwife in charge of a hospital ward is responsible for the storage of all drugs of addiction in the ward.
75   Storage in hospital wards
(1)  Drugs of addiction that are kept in a hospital ward must be stored apart from all other goods (other than prescribed restricted substances) in a separate room, safe, cupboard or other receptacle securely attached to a part of the ward and kept securely locked when not in immediate use.
(2)  The nurse or midwife in charge of a hospital ward must ensure that:
(a)  the room, safe, cupboard or receptacle is kept securely locked when not in immediate use, and
(b)  any key or other device by means of which the room, safe, cupboard or receptacle may be unlocked:
(i)  is kept on the person of a nurse or midwife whenever it is in the ward, and is removed from the ward whenever there is no nurse or midwife in the ward, or
(ii)  is kept in a separately locked safe to which only a nurse or midwife has access, and
(c)  any code or combination that is required to unlock the room, safe, cupboard or receptacle is not divulged to any unauthorised person.
Maximum penalty: 20 penalty units.
76   Storage in pharmacies
(1)  The pharmacist for the time being in charge of a pharmacy must keep any drug of addiction stored apart from other substances or goods (other than cash or documents) in a separate safe.
(2)  Unless otherwise approved for the time being by the Director-General, such a safe must comply with the following requirements:
(a)  it must be made of black mild steel plate at least 9 millimetres thick with continuous welding along all edges,
(b)  it must be fitted with a door made of mild steel plate at least 9 millimetres thick, the door being flush fitting with a clearance around the door of not more than 1.5 millimetres,
(c)  it must have a fixed locking bar, welded to the inside face of the door near the hinged edge, that engages in a rebate in the safe body when the door is closed,
(d)  it must be fitted with a five lever key lock (or a locking mechanism providing at least equivalent security) securely fixed to the rear face of the door,
(e)  if mounted on a brick or concrete wall or floor, it must be attached to the wall or floor by means of suitably sized expanding bolts through holes 9 millimetres in diameter drilled in the rear or bottom of the safe,
(f)  if mounted on a timber framed wall or floor, it must be attached to the wall or floor frame by means of suitably sized coach screws through holes 9 millimetres in diameter drilled in the rear or bottom of the safe,
(g)  if mounted on any other kind of wall or floor, it must be attached to the wall or floor in a manner approved for the time being by the Director-General.
(3)  The pharmacist must ensure that:
(a)  the safe is kept securely locked when not in immediate use, and
(b)  any key or other device by means of which the safe may be unlocked:
(i)  is kept on the person of a pharmacist whenever it is on the same premises as the safe, and is removed from the premises whenever there is no pharmacist at those premises, or
(ii)  is kept in a separately locked safe to which only a pharmacist has access, and
(c)  any code or combination that is required to unlock the safe is not divulged to any unauthorised person.
(4)  This clause applies to a hospital pharmacy as well as to a retail pharmacy.
Maximum penalty: 20 penalty units.
Division 3 Prescriptions
77   Unauthorised persons not to prescribe drugs of addiction
(1)  An authorised practitioner may issue a prescription for a drug of addiction.
(2)  A person must not issue a prescription for a drug of addiction unless authorised to do so by this clause.
Maximum penalty: 20 penalty units.
78   Prescriptions may be issued for certain purposes only
(1)  A medical practitioner must not issue a prescription for a drug of addiction otherwise than for medical treatment.
(2)  A nurse practitioner must not issue a prescription for a drug of addiction otherwise than in the course of practising as a nurse practitioner.
(3)  A midwife practitioner must not issue a prescription for a drug of addiction otherwise than in the course of practising as a midwife practitioner.
(4)  A dentist must not issue a prescription for a drug of addiction otherwise than for the dental treatment (for a period not exceeding one month’s continuous treatment) of a patient and must endorse any such prescription with the words “FOR DENTAL TREATMENT ONLY”.
(5)  If the patient is in a hospital, the dentist may issue a prescription for any drug of addiction.
(6)  If the patient is not in a hospital, the dentist may issue a prescription only:
(a)  for pentazocine, or
(b)  for any drug of addiction included in the list of preparations that may be prescribed by participating dental practitioners for dental treatment only set out in the Schedule of Pharmaceutical Benefits issued by the Commonwealth Department of Health, as that Schedule is in force from time to time.
(7)  A veterinary practitioner must not issue a prescription for a drug of addiction otherwise than for veterinary treatment, and must endorse any such prescription with the words “FOR ANIMAL TREATMENT ONLY”.
Maximum penalty: 20 penalty units.
79   Quantity and purpose of prescriptions to be appropriate
An authorised practitioner must not issue a prescription for a 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.
80   Form of prescription
(1)  A person who issues a prescription for a drug of addiction must ensure that the prescription includes the following details:
(a)  the date on which it is issued,
(b)  the name and address of the patient or (if the treatment is for an animal) the species of animal and the name and address of the animal’s owner,
(c)  the name, strength and quantity (expressed in both words and figures) of the drug to be supplied,
(d)  adequate directions for use,
(e)  the maximum number of times the drug may be supplied on the prescription,
(f)  the intervals at which the drug may be supplied on the prescription,
(g)  if the prescription is issued at a hospital, the name and designation of the person by whom it is issued and the name, address and telephone number of the hospital,
(h)  if the prescription is issued elsewhere than at a hospital, the name and designation of the person by whom it is issued and the address and telephone number of the premises at which it is issued.
(2)  The details referred to in subclause (1) (a)–(f) must be made out:
(a)  in the handwriting of the person by whom the prescription is issued, or
(b)  in such other manner as may be approved for the time being by the Director-General,
and the prescription must be signed by the person by whom it is issued.
(3)  The person by whom the prescription is issued must confirm any dose that could be regarded as being dangerous or unusual by underlining the part of the prescription that specifies the intended dose and by initialling the prescription in the margin.
(4)  A person must not issue a prescription that includes:
(a)  more than one preparation containing a drug of addiction, or
(b)  both a preparation containing a drug of addiction and another preparation.
(5)  The Director-General may, by order in writing, exempt any person or drug of addiction, or any class of persons or drugs of addiction, from any or all of the requirements of this clause.
(6)  Such an exemption may be given unconditionally or subject to conditions.
Maximum penalty: 20 penalty units.
81   Emergency prescriptions may be given by telephone or otherwise
(1)  In an emergency, an authorised practitioner may direct the supply of a drug of addiction orally, by telephone, by electronic mail or by facsimile.
(2)  A person who so directs the supply of a drug of addiction:
(a)  must immediately make out a prescription, and
(b)  must send the prescription without delay (and in any case within 24 hours) to the person to whom the direction was given.
(3)  A person who issues a prescription under this clause must ensure that the prescription is endorsed with words that indicate the prescription has been issued in confirmation of a direction under this clause.
(4)  This clause does not apply to a direction given under clause 120.
Maximum penalty: 20 penalty units.
82   Records of prescriptions
(1)  An authorised practitioner who prescribes a drug of addiction must make a record of the following particulars:
(a)  the name, strength and quantity of the drug prescribed and the date on which it was prescribed,
(b)  if the drug is intended for the treatment of a person, the name and address of the person to be treated,
(c)  if the drug is intended for the treatment of an animal, the species of animal and the name and address of the animal’s owner,
(d)  the maximum number of times the drug may be supplied on the prescription,
(e)  the intervals at which the substance may be supplied on the prescription,
(f)  the directions for use, as shown on the prescription.
(2)  The record must be kept at the surgery, hospital or office of the person prescribing the substance.
Maximum penalty: 20 penalty units.
83   Exceptions to section 28—prescriptions generally
(1)  A medical practitioner or nurse practitioner is authorised to issue a prescription for a drug of addiction for a person without an authority under section 29 of the Act if:
(a)  the medical practitioner or nurse practitioner is of the opinion that the person requires the use of the drug in the course of treatment as an in-patient in a public hospital or private health facility, and
(b)  the prescription is for a course of treatment for a period of not more than 14 days following the person’s admission as an in-patient.
(2)  A medical practitioner or nurse practitioner is authorised to prescribe methadone or buprenorphine for the treatment of a person without an authority under section 29 of the Act if:
(a)  in the case of a medical practitioner, the medical practitioner is approved as a prescriber of drugs of addiction under section 28A of the Act and, in the case of a nurse practitioner, the nurse practitioner is authorised by the Director-General for the purposes of this clause, and
(b)  at the time the prescription is issued the person is, or at some time during the preceding 21 days was, an inmate in a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999), and
(c)  the prescription is for methadone or buprenorphine in oral dosage form for use by the person as a course of treatment:
(i)  while an inmate, or
(ii)  during a period of not more than 21 days after release, and
(d)  immediately before the person became an inmate, a medical practitioner or nurse practitioner had an authority under section 29 of the Act to prescribe methadone or buprenorphine for the person, or to supply methadone or buprenorphine to the person, and
(e)  the prescription is issued for the purpose of continuing the treatment that the person was receiving or was about to receive immediately before the person became an inmate.
(3)  A medical practitioner or nurse practitioner is authorised to issue a prescription for a drug of addiction for a person without an authority under section 29 of the Act if:
(a)  the person is the subject of such an authority, and
(b)  the medical practitioner or nurse practitioner is practising at the same premises that the holder of the authority was practising at when the authority was issued, and
(c)  the prescription is issued in accordance with any conditions to which that authority is subject.
84   Exceptions to section 28—prescriptions for amphetamines and nabiximols
(1)  This clause applies to the following substances:
amphetamine
dexamphetamine
lisdexamfetamine
methylamphetamine
methylphenidate
nabiximols
phendimetrazine
phenmetrazine
(2)  A medical practitioner is authorised to issue a prescription for dexamphetamine, lisdexamfetamine or methylphenidate for a person without an authority under section 29 of the Act:
(a)  for the purpose of testing the suitability of the person to undergo a course of medical treatment involving the use of such a substance, or
(b)  for the purpose of treating the person for attention deficit disorder (ADD) or attention deficit hyperactivity disorder (ADHD),
so long as the medical practitioner holds an authority under Part 8 to prescribe such a substance.
(3)  An authorised practitioner (other than a medical practitioner) must not issue a prescription for a substance to which this clause applies.
Maximum penalty: 20 penalty units.
Division 4 Supply
Subdivision 1 Supply on prescription
85   Pharmacists may supply drugs of addiction on prescription
(1)  A pharmacist may supply a drug of addiction on prescription if the prescription is in the form required by Division 3.
(2)  This clause does not prevent a pharmacist from supplying a drug of addiction on prescription merely because:
(a)  the prescription fails to specify the maximum number of times the drug may be supplied, or
(b)  the prescription fails to specify the intervals at which the drug may be supplied.
(3)  A pharmacist must not supply a drug of addiction on a prescription referred to in subclause (2) if it appears to the pharmacist that the drug has previously been supplied on the prescription, regardless of how many times the prescription purports to authorise the supply of the drug.
(4)  The Director-General may, by order in writing, exempt any person or drug, or any class of persons or drugs, from any or all of the requirements of this clause.
(5)  Such an exemption may be given unconditionally or subject to conditions.
Maximum penalty: 20 penalty units.
86   Certain prescriptions not to be filled
(1)  A pharmacist must not supply a drug of addiction on prescription:
(a)  if the prescription is marked “CANCELLED”, or
(b)  if the drug has already been supplied on the prescription the maximum number of times indicated by the prescription, or
(c)  if the interval of time that has elapsed since the drug was last supplied on the prescription is less than that indicated by the prescription as the minimum interval that must elapse between successive supplies of the drug, or
(d)  if the prescription is illegible or defaced, or
(e)  if the prescription is dated more than 6 months before the date on which the supply is being requested, or
(f)  if the prescription appears to have been forged or fraudulently obtained, or
(g)  if the prescription appears to have been altered otherwise than by the authorised practitioner by whom it was issued, or
(h)  if notice of an order prohibiting the person by whom the prescription was issued from issuing such a prescription has been published in the Gazette, unless the prescription contains a direction for the supply of the drug more than once and it appears that the drug has been supplied on the basis of the prescription at least once before the notice was published.
(2)  Immediately on being requested to supply a drug of addiction in any of the circumstances referred to in subclause (1) (f), (g) or (h), a pharmacist must retain the prescription and cause notice of the request to be given to a police officer.
Maximum penalty: 15 penalty units.
(3)  A pharmacist must not supply a drug of addiction on a prescription that includes:
(a)  more than one preparation containing a drug of addiction, or
(b)  both a preparation containing a drug of addiction and another preparation.
Maximum penalty: 20 penalty units.
87   Prescriptions require verification
(1)  A pharmacist must not supply a drug of addiction on prescription unless he or she:
(a)  is familiar with the handwriting of the person who issued the prescription, or
(b)  knows the person for whom the drug is prescribed, or
(c)  has verified that the person who is purported to have issued the prescription has actually issued the prescription.
(2)  This clause does not prevent a pharmacist who is otherwise authorised to supply drugs of addiction from supplying a drug of addiction on prescription in a quantity sufficient for no more than 2 days’ treatment.
Maximum penalty: 20 penalty units.
88   Prescriptions to be endorsed
(1)  A person who supplies a drug of addiction on prescription must (on each occasion the drug is supplied) endorse the following particulars (in ink) on the prescription:
(a)  the date on which the drug was supplied,
(b)  the address of the place at which the drug was supplied,
(c)  the prescription reference number.
Maximum penalty: 20 penalty units.
(2)  A person who supplies a drug of addiction on prescription must endorse (in ink) across the prescription the word “CANCELLED”:
(a)  if the maximum number of times the prescription is to be dispensed is not clearly specified, or
(b)  if the intervals at which the drug may be supplied are not clearly specified, or
(c)  if the prescription has reached the last occasion on which it can be supplied according to the maximum number of times specified on it.
Maximum penalty: 20 penalty units.
(3)  The Director-General may, by order in writing, exempt any person or drug of addiction, or any class of persons or drugs of addiction, from any or all of the requirements of this clause.
(4)  Such an exemption may be given unconditionally or subject to conditions.
89   Prescriptions and orders to be kept
(1)  A pharmacist who supplies a drug of addiction on prescription, or by order under clause 97 or 103, must keep the prescription or order, whether or not the prescription or order authorises more than one supply of the drug.
Maximum penalty: 20 penalty units.
(2)  A pharmacist must keep prescriptions or orders for drugs of addiction separate from other prescriptions (other than prescriptions for special restricted substances).
Maximum penalty: 20 penalty units.
(3)  The Director-General may, by order in writing, exempt any person or drug of addiction, or any class of persons or drugs of addiction, from any or all of the requirements of this clause.
(4)  Such an exemption may be given unconditionally or subject to conditions.
90   Supply by pharmacists of amphetamines and nabiximols
(1)  This clause applies to the following substances:
amphetamine
dexamphetamine
lisdexamfetamine
methylamphetamine
methylphenidate
nabiximols
phendimetrazine
phenmetrazine
(2)  A pharmacist must not supply such a substance on prescription unless the reference number of the authority to issue the prescription (whether given under section 29 of the Act or Part 8 of this Regulation) is shown on the prescription.
Maximum penalty: 20 penalty units.
91   Records to be kept by pharmacists of methadone or buprenorphine prescriptions
(1)  A pharmacist at a retail pharmacy who supplies any person with methadone in oral liquid form or buprenorphine on a prescription for the treatment of drug dependence must keep a record of the supply in accordance with this clause.
Maximum penalty: 20 penalty units.
(2)  A record under this clause must contain the following particulars:
(a)  the name of the person to whom the supply was made,
(b)  the number of the prescription on which the supply was made,
(c)  the name of the person who gave the prescription,
(d)  the amount of methadone in oral liquid form or buprenorphine supplied,
(e)  the date on which the supply occurred,
(f)  if the whole or part of the methadone in oral liquid form or buprenorphine was supplied for consumption on a different day to that on which it was supplied, the day or days on which it is to be consumed and the amount to be consumed on that day or on each of those days.
(3)  Records made under this clause in relation to a particular pharmacy are to be made in writing in a book in which all such records for the pharmacy are kept.
(4)  The Director-General may from time to time approve the keeping of records under this clause in any other form.
(5)  A record made under this clause must be kept for at least 2 years from the date on which it is made.
92   Supply by pharmacists of liquid methadone or buprenorphine
(1A)  Despite clause 85, a pharmacist must not supply methadone in oral liquid form or buprenorphine on prescription for the treatment of drug dependence unless:
(a)  the methadone or buprenorphine is supplied at the premises of, and in the course of carrying on the business of, a retail pharmacy, and
(b)  the retail pharmacy is located on premises at which a pharmacist is approved to supply pharmaceutical benefits under section 90 of the National Health Act 1953 of the Commonwealth.
Maximum penalty: 20 penalty units.
(1)  A pharmacist at a retail pharmacy must not, on any particular day, supply any person with methadone in oral liquid form or buprenorphine on a prescription for the treatment of drug dependence if that supply would result in more than 50 persons having been supplied with methadone in oral liquid form or buprenorphine on prescription at that pharmacy on that day.
Maximum penalty: 20 penalty units.
(2)  For the purposes of subclause (1), if an amount of methadone in oral liquid form or buprenorphine is supplied for consumption on a day other than the day on which it is supplied, the supply of that amount is taken to have occurred on the day on which the amount is to be consumed.
(3)  A person is not to be counted for the purposes of subclause (1) if the person is supplied with an amount of methadone in oral liquid form or buprenorphine that is intended to last the person for at least one week and the person is supplied at that pharmacy with either of those drugs no more than once in any 7 day period.
(4)  Subclause (1) does not apply to the supply of methadone in oral liquid form or buprenorphine at a pharmacy in accordance with:
(a)  an exemption granted under clause 93, or
(b)  a licence issued under Division 3 of Part 8.
93   Exemptions relating to methadone or buprenorphine supply at pharmacies
(1)  The owner of a pharmacy may apply in writing to the Director-General for an exemption from clause 92 (1A) or (1) in relation to the pharmacy.
(2)  The Director-General may require the owner of the pharmacy to furnish such information as is necessary to enable the Director-General to determine the application.
(3)  The Director-General may, by notice in writing served on the owner of the pharmacy, grant the exemption, if the Director-General is satisfied that exceptional circumstances exist that justify the granting of the exemption, or refuse to grant the exemption.
(4)  An exemption is subject to such conditions as may be specified in the notice referred to in subclause (3) and to such further conditions as the Director-General may from time to time notify in writing to the holder of the exemption.
(5)  The Director-General may from time to time vary or revoke any condition of an exemption by notice in writing served on the holder of the exemption.
(6)  An exemption remains in force until:
(a)  the expiry date (if any) specified in the exemption, or
(b)  it is surrendered or cancelled,
whichever occurs first.
(7)  The Director-General may suspend or cancel an exemption by notice in writing served on the holder of the exemption.
(8)  An exemption has no effect during any period of suspension.
(9)  For the removal of doubt, an exemption is not a licence or authority for the purposes of this Regulation.
94   Exceptions to section 28—supply
(1)  A medical practitioner or nurse practitioner is authorised to supply a drug of addiction for a person without an authority under section 29 of the Act if:
(a)  the medical practitioner or nurse practitioner is of the opinion that the person requires the use of the drug in the course of treatment as an in-patient in a public hospital or private health facility, and
(b)  the supply is for a course of treatment for a period of not more than 14 days following the person’s admission as an in-patient.
(2)  A medical practitioner or nurse practitioner is authorised to supply methadone or buprenorphine to a person without an authority under section 29 of the Act if:
(a)  in the case of a medical practitioner, the medical practitioner is approved as a prescriber of drugs of addiction under section 28A of the Act and in the case of a nurse practitioner, the nurse practitioner is authorised by the Director-General for the purposes of this clause, and
(b)  the person is an inmate in a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999), and
(c)  the methadone or buprenorphine is supplied in oral dosage form for use by the person as a course of treatment while an inmate, and
(d)  immediately before the person became an inmate, a medical practitioner or nurse practitioner had an authority under section 29 of the Act to prescribe methadone or buprenorphine for the person, or supply methadone or buprenorphine to the person, and
(e)  the methadone or buprenorphine is supplied for the purpose of continuing the treatment that the person was receiving or was about to receive immediately before the person became an inmate.
(3)  A medical practitioner or nurse practitioner is authorised to supply a drug of addiction to a person without an authority under section 29 of the Act if:
(a)  the person is the subject of such an authority, and
(b)  the medical practitioner or nurse practitioner is practising at the same premises that the holder of the authority was practising at when the authority was issued, and
(c)  the supply is in accordance with any conditions to which that authority is subject.
94A   Supply of liquid methadone or buprenorphine by pharmacists—transitional provision
Clause 92 (1A) (as inserted by the Poisons and Therapeutic Goods Amendment (Supply by Pharmacists) Regulation 2013) does not operate to prevent a pharmacist who, before that insertion, supplied liquid methadone or buprenorphine on prescription for the treatment of drug dependence from continuing to supply methadone or buprenorphine after that insertion at the premises at which those drugs were provided by the pharmacist before that insertion.
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.
Subdivision 3 Supply in hospitals
99   Supply by pharmacists
(1)  A pharmacist employed at a hospital may supply a drug of addiction from the pharmacy department of the hospital:
(a)  on a prescription issued in accordance with Division 3, or
(b)  on the authorisation (whether in writing, by electronic mail, by facsimile or by any other form of electronic communication approved by the Director-General) of an authorised practitioner (other than a veterinary practitioner), where that authorisation is entered on a patient’s medication chart, or
(c)  on the requisition (whether in writing, by electronic mail, by facsimile or by any other form of electronic communication approved by the Director-General) of an authorised practitioner (other than a veterinary practitioner) or of the nurse or midwife in charge of the ward in which the drug is to be used or stored.
(2)  The person delivering a drug of addiction to a ward from the pharmacy department of the hospital must obtain a receipt, dated and signed, from the person to whom the drug is delivered.
Maximum penalty: 20 penalty units.
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.
Division 5 Records of supply
Subdivision 1 Drug registers otherwise than for hospital wards
110   Application of Subdivision
This Subdivision applies to drugs of addiction that are kept at any place (including the pharmacy of a hospital) for the purposes of manufacture, supply, research or testing, but does not apply to drugs of addiction that are kept in a hospital ward or that are in the possession of a carrier for the purpose of their being delivered to the persons to whom they are addressed.
111   Drug registers to be kept
(1)  A person who has possession of drugs of addiction at any place must keep a separate register (a drug register) at that place.
(2)  A drug register is to be in the form of a book:
(a)  that contains consecutively numbered pages, and
(b)  that is so bound that the pages cannot be removed or replaced without trace, and
(c)  that contains provision on each page for the inclusion of the particulars required to be entered in the book.
(3)  Separate pages of the register must be used for each drug of addiction, and for each form and strength of the drug.
(4)  The Director-General may from time to time approve the keeping of a drug register in any other form.
Maximum penalty: 20 penalty units.
112   Entries in drug registers
(1)  On the day on which a person manufactures, receives, supplies, administers or uses a drug of addiction at any place, the person must enter in the drug register for that place such of the following details as are relevant to the transaction:
(a)  the quantity of the drug manufactured, received, supplied, administered or used,
(b)  the name and address of the person to, from, or by, whom the drug was manufactured, received, supplied, administered or used,
(c)  in the case of a drug that has been administered to an animal or supplied for the treatment of an animal, the species of animal and the name and address of the animal’s owner,
(d)  in the case of a drug that is supplied or administered on prescription:
(i)  the prescription reference number, and
(ii)  the name of the authorised practitioner by whom the prescription was issued,
(e)  in the case of a drug that has been administered to a patient, the name of the authorised practitioner (other than a veterinary practitioner) by whom, or under whose direct personal supervision, the drug was administered,
(f)  in the case of a drug that has been administered to an animal, the name of the veterinary practitioner by whom, or under whose direct personal supervision, the drug was administered,
(g)  in the case of a drug that has been administered by a person authorised to do so by an authority under Part 8, details of the circumstances requiring administration of the drug,
(h)  in the case of a drug that has been used by a person who is in charge of a laboratory, or is an analyst, the purpose for which the drug was used,
(i)  the quantity of drugs of addiction of that kind held at that place after the transaction takes place,
(j)  any other details approved by the Director-General.
(2)  Each entry in a drug register must be dated and signed by the person by whom it is made.
(3)  The Director-General may, by order in writing, exempt any person or drug of addiction, or any class of persons or drugs of addiction, from any or all of the requirements of this clause.
(4)  Such an exemption may be given unconditionally or subject to conditions.
Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
113   Supply on prescription to be recorded
(1)  A pharmacist who supplies a drug of addiction on prescription must record the following details in a manner approved by the Director-General:
(a)  the details required by clause 80 (1) to be included in the prescription,
(b)  a unique reference number for the prescription,
(c)  the date on which the substance was supplied,
(d)  the name of the person by whom the substance was supplied.
Maximum penalty: 20 penalty units.
(2)  A prescription for the supply of a drug of addiction in a hospital need not be recorded so long as the chief pharmacist of the hospital keeps the prescription or a copy of the prescription.
(3)  The Director-General may, by order in writing, exempt any person or drug of addiction, or any class of persons or drugs of addiction, from the requirements of this clause.
(4)  Such an exemption may be given unconditionally or subject to conditions.
114   Emergency supply or supply to private health facility or nursing home to be recorded
A pharmacist who supplies a drug of addiction in accordance with clause 97 or 103 must record the following details of the supply in a manner approved by the Director-General:
(a)  a unique reference number for the supply,
(b)  the name and address of the person supplied,
(c)  the name, strength and quantity of the substance,
(d)  the date on which the substance was supplied,
(e)  the name of the person by whom the substance was supplied.
Maximum penalty: 20 penalty units.
Subdivision 2 Drug registers for hospital wards
115   Application of Subdivision
This Subdivision applies to drugs of addiction that are kept in a hospital ward, but does not apply to drugs of addiction that are kept in a pharmacy at the hospital.
116   Ward registers to be kept
(1)  The nurse or midwife in charge of a hospital ward must keep a register of drugs of addiction (a ward register) in that ward.
(2)  A ward register is to be in the form of a book:
(a)  that contains consecutively numbered pages, and
(b)  that is so bound that the pages cannot be removed or replaced without trace, and
(c)  that contains provision on each page for the inclusion of the particulars required to be entered in the book.
(3)  Separate pages of the register must be used for each drug of addiction, and for each form and strength of the drug.
(4)  The Director-General may from time to time approve the keeping of a ward register in any other form.
Maximum penalty: 20 penalty units.
117   Entries in ward registers
(1)  On the day on which a person receives, supplies or administers a drug of addiction in any ward, the person must enter in the ward register such of the following details as are relevant to the transaction:
(a)  the quantity of the drug received, supplied or administered,
(b)  the time of day when the drug was received, supplied or administered,
(c)  in the case of a drug that is supplied or administered to a patient:
(i)  the name of the patient to whom the drug was supplied or administered, and
(ii)  the name of the person by whom the supply or administration of the drug was prescribed or directed,
(d)  the quantity of drugs of addiction of that kind held in the ward after the transaction takes place,
(e)  any other details approved by the Director-General.
(2)  The entry must be dated and signed by the person by whom it is made and countersigned:
(a)  in the case of an entry relating to the receipt of a drug of addiction, by a person who witnessed its receipt, or
(b)  in the case of an entry relating to the supply or administration of a drug of addiction:
(i)  by the person who supervised or directed its supply or administration, or
(ii)  by a person who witnessed its supply or administration.
(3)  The Director-General may, by order in writing, exempt any person or drug of addiction, or any class of persons or drugs of addiction, from any or all of the requirements of this clause.
(4)  Such an exemption may be given unconditionally or subject to conditions.
Maximum penalty: 20 penalty units.
Subdivision 3 Records generally
118   Periodical inventory of stock of drugs of addiction
(1)  The person responsible for maintaining a drug register (including a ward register) at any place:
(a)  must, during the prescribed periods, make an accurate inventory of all drugs of addiction at that place, and
(b)  must endorse the relevant drug register, immediately under the last entry for each drug of addiction, with the quantity of each drug of addiction actually held and the date on which the inventory was made, and
(c)  must sign each entry.
(2)  The prescribed periods for the purposes of subclause (1) (a) are:
(a)  March and September each year, or
(b)  if the Director-General determines some other periods, either generally or in specified circumstances, the periods so determined.
(3)  A person who assumes control for a period of one month or more over any place at which drugs of addiction are held must, immediately on assuming control, make an inventory and endorse the drug register as if the inventory were an inventory made under this clause.
Maximum penalty: 20 penalty units.
119   Loss or destruction of registers
Immediately after a drug register (including a ward register) is lost or destroyed, the person responsible for keeping the register:
(a)  must give written notice to the Director-General of that fact and of the circumstances of the loss or destruction, and
(b)  must make an accurate inventory of all drugs of addiction held at the premises concerned and enter, in a new drug register, the particulars of the drugs so held.
Maximum penalty: 20 penalty units.
119A   Records relating to prescriptions for residents of residential care facilities
The operator of a residential care facility in which medication charts are used must ensure that an employee of the facility makes a record in the medication chart of a resident of the facility of administration of any drug of addiction to the resident.
Maximum penalty: 20 penalty units.
Division 6 Administration
120   Administration by persons employed at a hospital
(1)  A person employed at a hospital must not administer a drug of addiction to a patient in the hospital otherwise than on the direction of an authorised practitioner (other than a veterinary practitioner).
(2)  Such a direction:
(a)  must be given in writing (otherwise than by electronic mail or facsimile) or in any other manner approved by the Director-General for the purposes of this paragraph, or
(b)  in an emergency, may be given:
(i)  by electronic mail or by facsimile, or
(ii)  orally, by telephone or in any other manner approved by the Director-General for the purposes of this subparagraph.
(3)  An authorised practitioner who gives a direction under subclause (2) (b) (ii) must:
(a)  as soon as is practicable (and in any case within the next 24 hours) either:
(i)  sign an entry in the patient’s medical history confirming that he or she has given the direction, or
(ii)  confirm the direction by electronic mail or by facsimile, and
(b)  attend to review the patient as soon as he or she considers it appropriate in the circumstances of the case.
(4)  If confirmation is not received within 7 days after the drug of addiction is administered, the person by whom the drug was administered must report that fact to the Director-General.
(5)  An authorised practitioner who, by electronic mail or by facsimile, gives or confirms a direction for the administration of a drug of addiction to a patient must also attend to review the patient as soon as he or she considers it appropriate in the circumstances of the case.
(6)  Subclauses (3), (4) and (5) do not apply to the administration of a drug of addiction to an inmate of a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999) if confirmation of the direction for the administration of the substance has been given in accordance with the requirements of a protocol approved by the Director-General.
Maximum penalty: 20 penalty units.
121   Self-administration by medical practitioners and dentists
(1)  For the purposes of Division 1 of Part 2 of the Drug Misuse and Trafficking Act 1985:
(a)  a medical practitioner is authorised to self-administer a drug of addiction, but only if the medical practitioner does so for the purposes of medical treatment, and
(b)  a dentist is authorised to self-administer a drug of addiction, but only if the dentist does so for the purposes of dental treatment.
(2)  Subclause (1) does not authorise a medical practitioner or dentist to self-administer a drug of addiction for more than 7 days.
(3)  However, a medical practitioner may self-administer a drug of addiction for more than 7 days if the medical practitioner does so in accordance with an authority issued under Part 8.
Division 7 Miscellaneous
122   Prescribed type A drugs of addiction
For the purposes of section 28 of the Act, each of the following is prescribed as a type A drug of addiction:
(a)  amphetamine,
(b)  dexamphetamine,
(b1)  lisdexamfetamine,
(c)  methylamphetamine,
(d)  methylphenidate,
(d1)  nabiximols,
(e)  phendimetrazine,
(f)  phenmetrazine.
123   Prescribed type B drugs of addiction
For the purposes of section 28 of the Act, each of the following is prescribed as a type B drug of addiction:
(a)  a drug of addiction that is packaged and labelled in a manner that is consistent with the drug being intended for administration by injection, inhalation, spray or application to mucous membranes,
(a1)  alprazolam,
(b)  buprenorphine (other than in transdermal patches),
(c)  dextromoramide,
(d)  flunitrazepam,
(e)  hydromorphone,
(f)  methadone.
124   Loss or theft of drugs of addiction
A person who is authorised to be in possession of drugs of addiction must immediately notify the Director-General if the person loses a drug of addiction or if a drug of addiction is stolen from the person.
Maximum penalty: 20 penalty units.
125   Drugs of addiction not to be destroyed
(1)  A person who is authorised to be in possession of a drug of addiction must not wilfully destroy the drug or allow the drug to be destroyed.
(2)  This clause does not apply to the destruction of a drug of addiction carried out:
(a)  by or under the direct personal supervision of a police officer or an inspector or by or under the direct personal supervision of a person authorised, whether generally or in a particular case, by an authority under Part 8 held by the person, or
(b)  by or under the direct personal supervision of a person who is in charge of a laboratory, or who is an analyst, but only if the destruction is carried out in accordance with an authority under Part 8 held by the person, or
(c)  by a person to whom the drug has been supplied by, or in accordance with the prescription of, an authorised practitioner, or
(d)  in accordance with clause 126, 127 or 128.
Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
126   Destruction of unusable or unwanted drugs of addiction held by practitioners
(1)  A pharmacist who is engaged in the supply of restricted substances or drugs of addiction in a retail pharmacy and who has been notified by a relevant practitioner that a drug of addiction has become unusable or unwanted:
(a)  may (but only in the presence of the relevant practitioner) destroy the drug of addiction, either at the retail pharmacy or at the premises at which the practitioner’s practice is conducted, and
(b)  in that event, must record the fact of the destruction of the drug in the relevant practitioner’s drug register.
(2)  The entry must include the date and the name, professional registration number and signature of the pharmacist and the name and signature of the relevant practitioner.
Maximum penalty: 20 penalty units.
(3)  In this clause:
relevant practitioner means a medical practitioner, a dentist or a veterinary practitioner.
126A   Destruction of unusable or unwanted drugs of addiction in public hospitals
(1)  The authorised director of a public hospital may destroy any unusable or unwanted drug of addiction at the hospital but only in the presence of:
(a)  a pharmacist, or
(b)  a registered medical practitioner, or
(c)  an authorised midwife, or
(d)  an authorised nurse, or
(e)  a registered dentist.
(2)  A person who destroys a drug of addiction in accordance with this clause:
(a)  must record the fact of the destruction of the drug by an entry in the drug register maintained by the hospital, and
(b)  must ensure that the entry includes the relevant date and the name, professional registration number and signature of that person and the person who witnessed the destruction of the drug.
Maximum penalty: 20 penalty units.
(3)  In this clause:
authorised director, in relation to a public hospital, means:
(a)  the director of pharmacy at that hospital, or
(b)  if no such position exists at that hospital, the person responsible for controlling drugs of addiction at that hospital, or
(c)  a pharmacist authorised in writing for the purposes of this clause by the director of pharmacy or the person responsible for controlling drugs of addiction at the hospital.
authorised midwife means a registered midwife who is in charge of a ward at a hospital or who is authorised by the director of nursing of a hospital to oversee the destruction of drugs at the hospital for the purposes of this clause.
authorised nurse means a registered nurse who is in charge of a ward at the hospital or who is authorised by the director of nursing of a hospital to oversee the destruction of drugs at the hospital for the purposes of this clause.
127   Destruction of unusable drugs of addiction in public hospital wards
(1)  The nurse or midwife in charge of a ward in a public hospital having responsibility for a drug of addiction that becomes unusable must immediately notify the chief pharmacist of the hospital of the fact and of the circumstances under which the drug became unusable.
(2)  A pharmacist employed in a public hospital:
(a)  may (but only in the presence of a nurse or midwife) destroy the drug of addiction, and
(b)  in that event, must record the fact of the destruction of the drug in the ward register.
(3)  The entry must include the date and the name, professional registration number and signature of the pharmacist and the name and signature of the nurse or midwife who witnessed the destruction of the drug.
(4)  In the case of a public hospital for which there is no pharmacist, the functions of a chief pharmacist or pharmacist under this clause are instead the functions of:
(a)  the director of nursing of the hospital, or
(b)  the medical superintendent of the hospital,
as the chief executive officer of the hospital may determine.
Maximum penalty: 20 penalty units.
128   Destruction of unwanted drugs of addiction in a private health facility or nursing home
(1)  A retail pharmacist who is engaged in the supply of restricted substances or drugs of addiction:
(a)  to a private health facility or nursing home, or
(b)  to a patient in a private health facility or nursing home,
is authorised to destroy any unwanted drug of addiction on the premises of that private health facility or nursing home.
(2)  Subclause (1) applies only where the drug is destroyed in the presence of:
(a)  where the private health facility or nursing home is the holder of a licence under Division 2 of Part 8, the person who is named on the licence as being responsible for the storage of drugs of addiction, or
(b)  in any other case, the director of nursing of the private health facility or nursing home.
(3)  A pharmacist who destroys a drug of addiction in accordance with this clause:
(a)  must record the fact of the destruction of the drug by an entry in the drug register maintained by the private health facility or nursing home, and
(b)  must ensure that the entry includes the date and the name, professional registration number and signature of the pharmacist and the name and signature of person who witnessed the destruction of the drug.
Maximum penalty: 20 penalty units.
(4)    (Repealed)
128A   Exclusion of designated non-ARTG product
(1)  Subject to clause 128K, this Part does not apply to a designated non-ARTG product.
(2)  For the purposes of section 28 (5) of the Act, a medical practitioner is authorised to prescribe or supply a designated non-ARTG product that is a drug of addiction for the treatment of a person if the practitioner holds an authority as referred to in clause 128G.
(3)  In this clause:
designated non-ARTG product has the same meaning as in Part 4A.