Northern Territory Consolidated Acts

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MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2012 - SECT 38

Administration of Schedule 3 substance

    (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).



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