Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) For this Act, a person is authorised to deal with a medicine, low harm poison or moderate harm poison if—
(a) the person has a licence or permit under a Commonwealth Act, this Act or another territory law that authorises the dealing; or
Note A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act
, s 104).
(b) the person may or must deal with the medicine or poison under a Commonwealth Act, this Act or another territory law; or
(c) the chief health officer approves the dealing under a regulation; or
(d) the dealing is otherwise authorised by regulation.
Examples of Commonwealth Acts—pars (a) and (b)
Customs (Prohibited Imports) Regulations 1956
and Therapeutic Goods Act 1989
Examples of when person may or must deal with medicines—par (b)
1 the person is a dentist and a regulation allows dentists to administer the medicine
2 the person is authorised under the Health Professionals (Special Events Exemptions) Act 2000
, s 10 (1) to issue a written prescription for the medicine
Note For the supply of a regulated substance by wholesale, see s (4).
(2) For this Act, a person is authorised to deal with a dangerous poison, prohibited substance or schedule 10 substance if—
(a) the person may or must deal with the poison or substance under a Commonwealth Act, this Act or another territory law; or
(b) the person has a licence under this Act that authorises the dealing.
(3) However, for subsection (2), a person is authorised for an administration-related dealing with a dangerous poison, prohibited substance or schedule 10 substance for human use only if—
(a) the dealing is authorised by a licence for the purposes of research at a recognised research institution; and
(b) the research is approved by a human research ethics committee that is constituted in accordance with, and acting in compliance with, the NHMRC National Statement on Ethical Conduct in Research Involving Humans (1999), as in force from time to time.
Note Administration-related dealing , NHMRC and "recognised research institution"—see s (5).
(4) Also, for this Act, a person is authorised to supply a regulated substance by wholesale if—
(a) the person is authorised (however described) under a corresponding law to supply the substance by wholesale; and
(b) the person does not have a place of business in the ACT; and
(c) if a condition or restriction applies to the person under the corresponding law or is prescribed by regulation—the person complies with each condition or restriction; and
(d) the chief health officer has not, under part 8.1 (Authorisations—disciplinary action), prohibited the person from supplying the substance by wholesale in the ACT.
Note Wholesale —see the dictionary.
(5) In this section:
"administration-related dealing", in relation to a dangerous poison, prohibited substance or schedule 10 substance for human use, means—
(a) giving a written or oral direction to administer the poison or substance, or supply the poison or substance for administration, to a person; or
(b) supplying the poison or substance for administration to a person; or
(c) administering the poison or substance to a person.
"NHMRC" means the National Health and Medical Research Council under the National Health and Medical Research Council Act 1992
(Cwlth).
"recognised research institution" means any of the following:
(a) the Australian Catholic University;
(b) the Australian National University;
(c) the Canberra Hospital;
(d) the Canberra Institute of Technology;
(e) the Commonwealth Scientific and Industrial Research Organisation;
(f) the University College within the Australian Defence Force Academy;
(g) the University of Canberra;
(h) any other entity prescribed by regulation.