Australian Capital Territory Current Acts

MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2008 - SECT 32

    (1)     A person commits an offence if—

        (a)     the person cancels a supply authority for a declared substance prescribed by regulation for section 30 (Cancellation etc of invalid supply authorities for declared substances); and

        (b)     the declared substance is—

              (i)     a prescription only medicine; or

              (ii)     a controlled medicine; or

              (iii)     a dangerous poison; or

              (iv)     another declared substance prescribed by regulation; and

        (c)     either—

              (i)     the person fails to tell the chief health officer and a police officer about the authority and the reason for cancelling the authority immediately after cancelling it; or

              (ii)     not later than 24 hours after the relevant circumstance under section 30 happens, the person fails to—

    (A)     tell the chief health officer, in writing, about the reason; and

    (B)     give the chief health officer a copy of the cancelled authority.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     A person commits an offence if—

        (a)     the person supplies a declared substance on a supply authority; and

        (b)     the declared substance is—

              (i)     a prescription only medicine; or

              (ii)     a controlled medicine; or

              (iii)     a dangerous poison; or

              (iv)     another declared substance prescribed by regulation; and

        (c)     after the person supplies the substance the person becomes aware of any of the following (the designated circumstance ):

              (i)     the supply authority was issued by someone who was not authorised to issue it;

              (ii)     the supply contravened a provision of—

    (A)     section 27 (1) (c) (Supplying declared substances on invalid supply authorities—strict liability offences); or

    (B)     section 29 (1) (b) (Supplying declared substances on invalid supply authorities—other offences); and

        (d)     either—

              (i)     the person fails to tell the chief health officer and a police officer about the supply authority immediately after the person becomes aware of the designated circumstance; or

              (ii)     not later than 24 hours after the person becomes aware of the designated circumstance, the person fails to—

    (A)     tell the chief health officer, in writing, about the supply authority; and

    (B)     give the chief health officer a copy of the authority.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (3)     A person must not be prosecuted for an offence under subsection (2) involving a contravention of section 27 (1) (c) or section 29 (1) (b) if—

        (a)     at the time the person supplied the declared substance on the supply authority the person believed on reasonable grounds that no designated circumstance applied in relation to the supply authority; and

        (b)     the person does not contravene subsection (2).