Australian Capital Territory Numbered Acts

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VOLUNTARY ASSISTED DYING ACT 2024 (NO. 24 OF 2024) - SECT 61

Receiving, possessing, preparing and administering approved substances—individuals and other people

    (1)     This section applies if—

        (a)     a self-administration decision is in effect for an individual; and

        (b)     the individual's coordinating practitioner has prescribed an approved substance under section 58 or section 59.

    (2)     The individual may do the following in relation to the approved substance:

        (a)     receive the substance from an approved supplier;

        (b)     receive the substance from their contact person if the contact person has received the substance from an approved supplier;

        (c)     give the substance to another individual for a purpose mentioned in subsection (6);

        (d)     possess the substance for a purpose mentioned in paragraph (e) or (f);

        (e)     prepare the substance for self-administration;

        (f)     self-administer the substance.

    (3)     The individual's contact person may do the following in relation to the approved substance:

        (a)     receive the substance from an approved supplier;

        (b)     possess the substance for the purpose of giving it to the individual;

        (c)     give the substance to the individual.

    (4)     Within 4 business days after the day the contact person gives an approved substance to the individual under subsection (3) (c), the contact person must tell the board, by written notice, that they have given the substance to the individual.

Maximum penalty: 20 penalty units.

    (5)     An offence against this section is a strict liability offence.

    (6)     If the individual asks an adult (the assisting person ), to prepare the approved substance for the individual, the assisting person may do the following:

        (a)     receive the substance from the individual;

        (b)     possess the substance for a purpose mentioned in paragraph (c) or (d);

        (c)     prepare the substance for the individual to self-administer;

        (d)     give the substance to the individual.

Example

The individual asks their contact person to dissolve an approved substance so that the individual can self-administer the substance. The contact person may receive the substance from the individual, dissolve the substance and return the prepared mixture to the individual.

    (7)     In this section:

"give", for an approved substance, does not include administer.

"receive", for an approved substance, does not include receive by administration.



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