MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2012

Northern Territory Consolidated Acts

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MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2012

TABLE OF PROVISIONS

Long Title

CHAPTER 1--INTRODUCTION

PART 1.1--PRELIMINARY MATTERS

1. Short title
2. Commencement
3. Objects
4. Overview

PART 1.2--INTERPRETATION

Division 1--Defined terms

5. Definitions

Division 2--Important concepts

Subdivision 1--Substances to which this Act applies

7. Meaning of Scheduled substance and related terms
8. Meaning of unrestricted Schedule 4 substance and restricted Schedule 4 substance
9. Meaning of pesticide
10. Meaning of unrestricted Schedule 8 substance and restricted Schedule 8 substance
12. Meaning of prohibited substance

Subdivision 2--Medicines and poisons standard

14. Meaning of medicines and poisons standard
15. Interpretation provisions in medicines and poisons standard – application to Act
16. When medicines and poisons standard applies to substances

Subdivision 3--Dealing with Scheduled substances

17. Meaning of deal with
18. Meaning of manufacture
19. Meaning of prescription
20. Meaning of possess
21. Meaning of supply and sell
22. Meaning of use and administer

Subdivision 4--Health practitioners and others authorised to deal with Scheduled substances

23. Meaning of health practitioner and related terms
24. Meaning of doctor and NT doctor
25. Meaning of nurse , midwife and related terms
26. Meaning of dentist and dental therapist
27. Meaning of optometrist , pharmacist and podiatrist
28. Meaning of Aboriginal and Torres Strait Islander health practitioner
28A. Meaning of paramedic

PART 1.3--APPLICATION OF ACT

29. Act binds Crown
30. Inconsistency between Act and medicines and poisons standard
31. Relationship with Health Practitioner Regulation National Law
31A. Relationship with Hemp Industry Act 2019
32. Relationship with Misuse of Drugs Act 1990
33. Application of Criminal Code

CHAPTER 2--DEALING WITH SCHEDULED SUBSTANCES

PART 2.1--REQUIREMENTS FOR REGISTRATION AND LICENSING OF MANUFACTURERS, WHOLESALERS AND RETAILERS

34. Manufacturer of certain Scheduled substances to be registered
35. Wholesaler of certain Scheduled substances to be registered
36. Retailer of Schedule 2 and 7 substances to be licensed

PART 2.2--REQUIREMENTS FOR AUTHORISED POSSESSION, SUPPLY AND USE OF SCHEDULED SUBSTANCES

Division 1--Schedule 3 substances

37. Supply of Schedule 3 substance
38. Administration of Schedule 3 substance

Division 2--Schedule 4 substances

39. Possession
40. Supply
41. Use

Division 3--Pesticides and other Schedule 7 substances

42. Supply by authorised persons only
43. Supply to authorised persons only
44. Use

Division 4--Schedule 8 substances

Subdivision 1--Unrestricted Schedule 8 substances

45. Possession
46. Supply generally
47. Use generally
48. Supplying and administering in prohibited circumstances

Subdivision 2--Restricted Schedule 8 substances

49. Possession
50. Supply
51. Use

Division 5--Prohibited substances

52. Possession
53. Supply
54. Use

PART 2.3--AUTHORISATIONS FOR POSSESSION, SUPPLY AND USE OF SCHEDULE 3, 4 AND 8 SUBSTANCES

Division 1--Authorisations for health practitioners and other health-related occupations

Subdivision 1--Authorised health practitioners

55. Schedule 4 substances and unrestricted Schedule 8 substances

Subdivision 2--Pharmacists

56. Possessing Schedule 4 and 8 substances
57. Supplying Schedule 4 and 8 substances – general
58. Supplying Schedule 4 and 8 substances – prescription of interstate prescribers
59. Supplying unrestricted Schedule 4 substance in emergency for patient previously supplied on prescription
59A. Supplying unrestricted Schedule 4 substance – continued dispensing
60. Supplying unrestricted Schedule 4 substance for patient in residential care
61. Supplying Schedule 4 and 8 substances on oral request of authorised prescriber

Subdivision 3--Other health practitioners

63. Administering Schedule 4 or 8 substances under administration order – Aboriginal and Torres Strait health practitioners, nurses, midwives and pharmacists
64. Administering Schedule 4 or 8 substances supplied on supply order – nurses employed at residential facilities
66. Dentists
68. Optometrists
69. Podiatrists

Subdivision 3A--Administering, supplying and possessing Scheduled substances under SSTP

70. Definitions
70A. Prescribed health practitioners and healthcare workers
70B. Form and content of SSTP
70C. Administering, supplying and possessing Schedule 4 or 8 substance under SSTP – prescribed health practitioners
70D. Administering, supplying and possessing Schedule 3, 4 or 8 substance under SSTP – prescribed healthcare workers

Subdivision 4--Special provisions for health practitioners to supply and administer Schedule 3 substances

71. Supplying Schedule 3 substances
72. Administering Schedule 3 substances

Subdivision 5--Additional qualifications for health practitioners under Health Practitioner Regulation National Law

73. Endorsement on health practitioner's registration for additional qualifications

Division 2--Other authorisations

74. Veterinarians
75. Supplying and administering Schedule 3 substance supplied by health practitioner
76. Possessing and administering lawfully supplied Schedule 4 and 8 substances for administering to patients
77. Possessing and administering lawfully supplied Schedule 4 and 8 substances for administering to animals
78. Possessing, supplying and administering Schedule 3, 4 and 8 substances under emergency authorisation
79. Possessing Scheduled substances for delivery
80. Possessing Scheduled substances for destruction

PART 2.4--PRESCRIPTIONS AND ORDERS FOR SCHEDULE 4 AND 8 SUBSTANCES

Division 1--Authorised prescribers

Subdivision 1--Schedule 4 substances

81. Unrestricted Schedule 4 substance
82. Restricted Schedule 4 substance

Subdivision 2--Schedule 8 substances

83. Unrestricted Schedule 8 substance – general
84. Unrestricted Schedule 8 substance – prohibited circumstances
85. Restricted Schedule 8 substance

Subdivision 3--Additional qualifications for health practitioners under Health Practitioner Regulation National Law

86. Endorsement on health practitioner's registration for additional qualifications

Division 2--Issue of prescriptions

87. Requirements for prescription
88. Duration of prescription
89. Issuing prescription to patient
90. No self-prescription of Schedule 8 or restricted Schedule 4 substances
91. Quantity of Schedule 8 substance authorised by prescription

Division 3--Orders for administering and supplying Schedule 4 and 8 substances

92. Authorised prescriber may authorise administration and supply by order

PART 2.5--SPECIAL PROVISIONS ABOUT SUPPLIES OF SCHEDULE 4 AND 8 SUBSTANCES

93. Supply of Schedule 4 and 8 substances on prescription
94. Repeat supply of Schedule 8 substance
95. Health practitioner to ensure self-administration of some supplied Schedule 8 substances
96. Pharmacist to give CHO prescription for supply of Schedule 8 substance
97. Obligations of authorised prescriber and pharmacist for supply made without prescription in emergency

PART 2.6--SPECIAL PROVISIONS ABOUT DEALING WITH SCHEDULED SUBSTANCES IN HOSPITALS, RESIDENTIAL FACILITIES AND DECLARED PLACES

98. Storage at hospital
99. Administering Schedule 3, 4 or 8 substance at hospital, residential facility or declared place
100. Administration or supply of Schedule 8 substance to be witnessed

PART 2.7--OTHER REQUIREMENTS FOR SCHEDULED SUBSTANCES

Division 1--Packaging and labelling

101. Packaging supplied Scheduled substances
102. Labelling supplied Scheduled substances
103. Permanently marked containers – use for other Scheduled substances
104. Scheduled substance container not to be used for human-use substance

Division 2--Vending machine supplies

105. Definitions
106. Vending machine supplies of unscheduled substances

Division 3--Methylated spirit

107. Drinking methylated spirit
108. Supplying methylated spirit for drinking

Division 4--Paints

110. Manufacture, supply and use of first, second and third schedule paints
111. Manufacture, supply and use of paints for toys
112. Manufacture, supply and use of paints containing pesticides

Division 4A--Advertising use of pesticides

112A. Definition
112B. Representation by unauthorised person
112C. Advertisement to include authorisation number

Division 5--Miscellaneous matters

113. Advertising some Scheduled substances
114. No self-administration of Schedule 8 or restricted Schedule 4 substances

PART 2.8--CHO PROHIBITIONS

115. Temporary prohibition on dealing with substance
116. Prohibition on health practitioner or veterinarian dealing with Schedule 8 substance

CHAPTER 3--AUTHORITIES TO DEAL WITH SCHEDULED SUBSTANCES

PART 3.1--PRELIMINARY MATTERS

Division 1--Interpretation

117. Types of authorities
118. Suitability of authority holder – individuals
119. Suitability of authority holder – bodies corporate
120. Suitability of nominated person – certificate of registration

Division 2--Authorised activities under authorities

121. Manufacturer certificate of registration
122. Wholesaler certificate of registration
122A. Schedule 4 supplier certificate of registration
123. Retailer licence
123A. Schedule 3 authorisation
124. Schedule 4 authorisation
125. Schedule 7 authorisation
126. Pest management technician licence
127. Schedule 8 authorisation
128. Prohibited substance authorisation
129. Research authorisation
130. Medical kit authorisation

PART 3.2--APPLICATION PROCESS FOR AUTHORITIES

Division 1--Making and consideration of application

131. Making application
132. CHO may require further information
133. CHO to give application for Schedule 8 authorisation to Committee
134. Considering and deciding application

Division 2--Restrictions on issue of authorities

135. Certificate of registration
136. Retailer licence
136A. Schedule 3 authorisation
137. Schedule 4 authorisation
138. Pest management technician licence
139. Schedule 8 authorisation
140. Prohibited substance authorisation
141. Research authorisation
142. Medical kit authorisation

Division 3--Conditions of authorities

143. Conditions – general
144. Conditions – certificate of registration
145. Conditions – retailer licence
145A. Conditions – Schedule 3 authorisation
146. Conditions – Schedule 8 authorisation
147. Contravention of condition

Division 4--Miscellaneous matters

148. Duration of authority
149. Form of authority
150. Notice of refusal to issue authority or impose conditions
151. Failure to decide application

PART 3.3--RENEWAL OF LICENCES AND CERTIFICATES OF REGISTRATION

152. Application for renewal
153. Authority continues until application decided

PART 3.4--TRANSFER OF AUTHORITIES

154. Transfer of certificate of registration
155. Other authorities not transferable

PART 3.5--VARIATION OF CONDITIONS OF AUTHORITIES

Division 1--Interpretation

156. Definitions

Division 2--Variation of conditions of authority on CHO's initiative

157. CHO may vary conditions to achieve object of Act

Division 3--Variation of conditions of authority on application by holder

158. Application
159. CHO may require further information
160. Considering and deciding application
161. Notice of decision on application
162. Failure to decide application

Division 4--Miscellaneous matters

163. Application of Division
164. When variation of conditions takes effect
165. Recording variation of conditions

PART 3.6--SUSPENSION AND CANCELLATION OF AUTHORITIES

166. Grounds for suspending or cancelling authority
167. Show cause notice
168. Ending show cause process without further action
169. Suspension or cancellation
170. Return of cancelled authority to CHO
171. Immediate suspension of authority pending formal cancellation procedure

PART 3.7--MISCELLANEOUS MATTERS

172. Medical examination for some authorities
173. Authority holder to give notice of change of particulars
174. Replacement of authority
175. Surrender of authority
176. Display of certificate of registration
177. Authority not personal property

CHAPTER 4--ENFORCEMENT

PART 4.1--INTERPRETATION

178. Definitions
179. When thing is connected with offence

PART 4.2--POWERS OF AUTHORISED OFFICERS TO ENTER PLACES

180. Entry of place – general
181. Consent to entry
182. Entry of place – search warrant
183. Entry to Aboriginal land
184. Additional powers for entry of aircraft, vehicle or vessel

PART 4.3--POWERS OF AUTHORISED OFFICERS ON ENTRY OF PLACES

185. Powers on entry of place
186. Restriction on power of seizure
187. Authorised officer may use help and force in exercising powers

PART 4.4--SEIZED AND FORFEITED THINGS

Division 1--Notice, retention and return of seized thing

188. Application of Division
189. Notice of seizure of thing
190. Retention of thing seized
191. Return of seized thing

Division 2--Order disallowing seizure of seized thing

192. Application for order disallowing seizure
193. CHO is respondent to application
194. Order disallowing seizure
195. Ancillary orders
196. Adjournment pending hearing of other proceeding

Division 3--Forfeiture of seized thing

197. When seized thing is forfeited
198. Destruction or disposal of forfeited thing
199. Return of forfeited thing
200. Compensation to be paid in certain circumstances

PART 4.5--GENERAL POWERS OF CHO AND AUTHORISED OFFICERS

201. Compliance notice
202. Contravention of compliance notice
203. Power to prohibit supply of incorrectly packed or labelled substance
204. Power to require name and address
205. Power to require information from persons
206. Requirement to give documents or information

PART 4.6--OTHER OFFENCES

207. Offence to disclose certain information
208. Misleading information
209. Obstruction of authorised officer or assistant
210. Falsely representing to be authorised officer
211. Bribery of authorised officer

PART 4.7--LEGAL PROCEEDINGS AND EVIDENTIARY MATTERS

Division 1--Criminal liability for offences

212. Definitions
213. Liability of representative
214. Conduct of representative
215. Criminal liability of executive officer of body corporate

Division 2--Miscellaneous matters

216. Self-incrimination
217. Judicial notice
218. Time for starting offence proceeding
219. Evidentiary certificate

CHAPTER 5--RECONSIDERATION AND REVIEW OF DECISIONS

220. Meaning of original decision and affected person
221. Request for reconsideration of original decision
222. Operation and implementation of original decision
223. Reconsideration of decision
224. Application for review of reconsidered decision
225. Operation and implementation of reconsidered decision
226. Review procedure
227. Decision on review

CHAPTER 6--THERAPEUTIC GOODS ACT APPLIES AS A LAW OF THE TERRITORY

PART 6.1--INTERPRETATION

228. Definitions
229. Words have meanings in Therapeutic Goods Act

PART 6.2--APPLIED PROVISIONS

230. Application of Therapeutic Goods Act as law of Territory
231. Modification of Therapeutic Goods Act
232. Interpretation of applied provisions

PART 6.3--FUNCTIONS AND POWERS UNDER APPLIED PROVISIONS

233. Functions and powers of Commonwealth Minister and officials
234. Delegations by Commonwealth Minister and Secretary
235. Appointments under Therapeutic Goods Act

PART 6.4--ADMINISTRATIVE LAW

236. Application of Commonwealth administrative laws to applied provisions
237. Functions and powers conferred on Commonwealth officers and authorities

PART 6.5--OFFENCES UNDER APPLIED PROVISIONS

238. Object of Part
239. Application of Commonwealth criminal laws to offences against applied provisions
240. Functions and powers conferred on Commonwealth officials relating to offences
241. No double jeopardy for offences against applied provisions

PART 6.6--MISCELLANEOUS MATTERS

242. Reference in Commonwealth law to provision of another law
243. Fees and other money

CHAPTER 7--ADMINISTRATIVE MATTERS

PART 7.1AA--MONITORED MEDICINES DATABASE

Division 1--Interpretation

243A. Definitions
243B. Meaning of recordable prescription and recordable supply

Division 2--Establishment and maintenance of monitored medicines database

243C. Monitored medicines database to be kept
243D. Powers and functions of CHO in relation to database
243E. Persons required to give information to CHO

Division 3--Access to monitored medicines database

243F. Access for relevant prescribers and pharmacists
243G. Access for other persons

Division 4--Offences

243H. Person must not contravene requirement to give information
243J. Relevant prescriber must check database before prescribing monitored medicine
243K. Pharmacist must check database before supplying monitored medicine
243L. Unauthorised access, use or disclosure of information

Division 5--Administrative matters

243M. Protection from liability for duties and functions in relation to database
243N. Data source entity
243P. Sharing agreement
243Q. Guidelines

PART 7.1--CODES OF PRACTICE

244. CHO may make code of practice

PART 7.2--CHO'S POWERS AND RESPONSIBILITIES

Division 1--Exemptions, declarations and approvals for dealing with Scheduled substances

245. Exemption from holding Schedule 8 authorisation
246. Restricted Schedule 4 and 8 substances
251. Emergency authorisation for possessing, supplying and administering Schedule 3, 4 and 8 substances
252. Declared places
253. Approval for pharmacist to supply Schedule 8 substance or restricted Schedule 4 substances on interstate prescription
254. Approval of SSTP

Division 2--Register of authorities and information availability

255. Register of authorities
256. Public access to some registers

Division 3--Other administrative powers

257. Information relating to supply and use of substances
258. Approved forms
259. Delegation by CHO

PART 7.3--SCHEDULED SUBSTANCES CLINICAL ADVISORY COMMITTEE

Division 1--Establishment, functions and powers

260. Establishment
261. Functions
262. Powers
263. Delegation

Division 2--Provisions about membership

264. Membership
265. Qualifications and nominations for appointment
266. Duration of appointment
267. Conditions of appointment
268. Chairperson and deputy chairperson
269. When member ceases to hold office

Division 3--Conduct of business

270. Meetings
271. Presiding member at meetings
272. Procedure at meetings
273. Disclosure of interest

PART 7.4--AUTHORISED OFFICERS

274. Who is authorised officer
275. Identity cards
276. Production of identity card
277. Return of identity card

CHAPTER 8--MISCELLANEOUS MATTERS

278. Acquisition on just terms
279. Protection of health practitioners and veterinarians from liability
280. Protection of persons administering Act from liability
281. Regulations

CHAPTER 9--REPEALS AND TRANSITIONAL MATTERSPART

282. Repeals

PART 9.2--TRANSITIONAL MATTERS FOR MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2012

283. Definitions
284. Prescriptions and directions for dealing with Scheduled substances
285. Old authority
286. Pending application relating to authority
287. Pending action to vary, suspend or revoke authorisation
288. Suspended authorisation
289. Provisions relating to employment involving pesticides
290. Directions under section 30 of repealed Act
291. Prohibitions under sections 31 and 31N of repealed Act
292. Registers of manufacturer and wholesaler premises
293. Interpretation Act not affected

PART 9.3--TRANSITIONAL MATTERS FOR STATUTE LAW AMENDMENT (DIRECTORS' LIABILITY) ACT 2015

295. Offences – before and after commencement

PART 9.4--TRANSITIONAL MATTERS FOR MEDICINES, POISONS AND THERAPEUTIC GOODS LEGISLATION AMENDMENT ACT 2021

296. Definitions
297. Information obtained before commencement
298. Offences – before and after commencement

PART 9.5--TRANSITIONAL MATTERS FOR MEDICINES, POISONS AND THERAPEUTIC GOODS LEGISLATION AMENDMENT ACT 2022

299. Definitions
300. Scheduled substance treatment protocols approved before commencement
301. Transitional authority for health practitioners approved to administer Schedule 4 or 8 substance before commencement
302. Transitional authority for health practitioners approved to supply Schedule 4 or 8 substance before commencement
303. COVID-19 vaccine administration protocols approved before commencement
304. Transitional authority for persons authorised to deal with COVID-19 vaccine before commencement
305. Supply of Schedule 3 substances – authorities issued before commencement
306. Declared places
307. Offence provisions – before and after commencement
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES

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