Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) An approved supplier may—
(a) possess an approved substance; or
(b) prepare the substance for the purpose of supplying it under this section.
(2) If an approved supplier receives a prescription for an approved substance, the supplier may supply the substance to—
(a) for an individual who has made a self-administration decision—the individual or their contact person; or
(b) for an individual who has made a practitioner administration decision—the individual's administering practitioner.
(3) However, an approved supplier must not supply an approved substance under subsection (2) unless—
(a) the prescription was issued—
(i) for any part of the prescription relating to an approved substance that is a controlled medicine—not more than 6 months before the day the supplier supplies the substance; or
(ii) in any other case—not more than 12 months before the day the supplier supplies the substance; and
(b) the supplier is satisfied about—
(i) the authenticity of the prescription; and
(ii) the identity of the coordinating practitioner who issued the prescription; and
(iii) the identity of the individual, contact person or administering practitioner to whom the approved substance is being supplied; and
(c) the supplier has labelled the substance in accordance with any substance labelling requirements prescribed by regulation; and
(d) the supplier complies with any other requirements about the supply of an approved substance prescribed by regulation; and
(e) if the prescription is a subsequent prescription issued under section 59 and an approved substance was previously supplied for an individual under another prescription—the supplier is satisfied that the previously supplied substance has been—
(i) given to an approved disposer; or
(ii) reported as lost or stolen in accordance with the Medicines, Poisons and Therapeutic Goods Act 2008
, section 39; and
(f) the supplier supplies the substance to the person—
(i) personally; or
(ii) using a courier in the circumstances prescribed by regulation.
(4) An approved supplier commits an offence if the supplier—
(a) supplies an approved substance to a person under subsection (2); and
(b) does not personally supply the substance to the person; and
(c) does not supply the substance in accordance with subsection (3) (f) (ii).
Maximum penalty: 20 penalty units.
(5) A courier may do any of the following in relation to an approved substance:
(a) receive the substance from an approved supplier for a purpose mentioned in paragraph (b) or (c);
(b) possess the substance for the purpose mentioned in paragraph (c);
(c) deliver the substance to the person to whom it is addressed.
(6) A courier must comply with any requirements prescribed by regulation when doing a thing mentioned in subsection (5).
Maximum penalty: 20 penalty units.
(7) If an approved supplier supplies an approved substance under subsection (2), the supplier must, within 4 business days after the day they supply the substance—
(a) prepare a written record of the supply (a "supply record") that includes any information prescribed by regulation; and
(b) give a copy of the supply record to—
(i) the board; and
(ii) the director-general.
Maximum penalty (paragraph (b) (i)): 20 penalty units.
(8) An offence against subsection (7) (b) (i) is a strict liability offence.
(9) The approved supplier must keep the supply record for at least 2 years after the day they supply the approved substance.
(10) In this section:
"controlled medicine"—see the Medicines, Poisons and Therapeutic Goods Act 2008
, section 11 (2).
"courier" means a person who meets the requirements prescribed by regulation.