Australian Capital Territory Numbered Regulations

MEDICINES, POISONS AND THERAPEUTIC GOODS AMENDMENT REGULATION 2023 (NO 1) (NO 5 OF 2023) - REG 6

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861A     Dealings with regulated substances and regulated therapeutic goods by public employees under director-general authorisation—Act, s 20 (1) (d) and s 22 (1) (d)

    (1)     Dealing with a regulated substance or regulated therapeutic good is authorised if the person who deals with the substance or good is—

        (a)     a public employee or a member of a class of public employees (however described); and

        (b)     authorised by the director-general to deal with the substance or good within the scope of the person's employment.

Note     Power to make an authorisation includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act

, s 48).

    (2)     The authorisation must be in writing and include the following information:

        (a)     the dealings with regulated substances or regulated therapeutic goods authorised;

        (b)     the regulated substances or regulated therapeutic goods to which the authorisation relates;

        (c)     the public employee or the class of employees authorised;

        (d)     any condition to which the authorisation is subject;

        (e)     a unique identifying number for the authorisation;

        (f)     the date the authorisation begins and the date when the authorisation ends.

    (3)     For subsection (2) (c), the authorisation may identify a public employee by—

        (a)     naming the employee; or

        (b)     nominating the occupant of a position (however described), at a particular time or from time to time.

Note 1     The director-general may delegate the director-general's function under this section to a public employee or another person (see Public Sector Management Act 1994

, s 20).

Note 2     The instrument making or evidencing a delegation may provide that the delegation has effect only in stated circumstances or subject to stated conditions, limitations or directions (see Legislation Act

, s 234).

    (4)     An authorisation is a notifiable instrument.

    (5)     In this section:

"public employee" includes—

        (a)     an employee—

              (i)     employed by Calvary Health Care ACT Limited ACN 105 304 989 ( Calvary ) to provide public health services to the Territory; and

              (ii)     to whom the Public Sector Management Act 1994

applies because of an agreement in force between the Territory and Calvary; and

        (b)     a police officer.