(1) A person commits an offence if:
(a) the person intentionally administers a substance to another person; and
(b) the substance is a Schedule 3 substance and the person is reckless in relation to that circumstance; and
(c) the administration of the substance by the person is not authorised under this Act.
Maximum penalty: 50 penalty units.
(2) Strict liability applies to subsection (1)(c).
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant believed on reasonable grounds that:
(a) the person to whom the Schedule 3 substance was administered was in danger of dying or of suffering a serious disability; and
(b) the administration of the Schedule 3 substance to that person was required to prevent the person from dying or suffering a serious disability.
Note for subsection (3)
The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code).