40—Records to be kept by sellers and suppliers of drugs of dependence
(1) A supplier who
sells or supplies a drug of dependence must comply with the following
provisions:
(a) the
supplier must, immediately after selling or supplying the drug—
(i)
make a record in electronic form of—
(A) his or her name and business address;
and
(B) the name and address of the person to
whom the drug was sold or supplied; and
(C) the date on which the drug was sold or
supplied; and
(D) the trade or approved name of the drug
or, if the drug does not have either a trade or approved name, the ingredients
in the drug; and
(E) the amount and, if applicable, the
strength of the drug; and
(F) if the drug was sold or supplied on
order—the invoice number (if any) for the sale or supply of the drug;
(ii)
make a record of the total amount of the drug now in
stock on the premises from which the drug was sold or supplied and sign the
record;
(b) if
the drug is sold or supplied in accordance with an order, the supplier must,
as soon as practicable after selling or supplying the drug,
cancel the order by writing "CANCELLED" on the order or, if the order was
given by fax endorsed with the name and address of a single pharmacy that may
sell or supply the drug, on the faxed copy of the order;
(c) the
supplier must transmit the record referred to in paragraph (a)(i)
electronically to the Chief Executive so that it is received no later than the
7th day of the month following the month in which the drug was sold or
supplied or such later date as the Chief Executive may, on application by the
supplier, authorise.
Maximum penalty: $5 000.
(1a) A supplier who
sells or supplies a drug of dependence on an order must—
(a)
retain the original order or a copy of the order for a period of at
least 2 years; and
(b) keep
it readily available for inspection by an authorised officer; and
(c) on
request by an authorised officer—send a copy of the order to the
authorised officer.
(2)
Subregulation (1)(c) does not apply to—
(a)
persons licensed under the Act to manufacture drugs of dependence or sell
drugs of dependence by wholesale; or
(b)
pharmacies (including health service pharmacies) in respect of the supply of
drugs of dependence to a health service facility.
(3) A person who makes
a record under subregulation (1) must ensure that the record is kept at
all times on the premises from which the drug was supplied.
Maximum penalty: $5 000.
(4) A supplier must
not supply a drug of dependence in accordance with an order—
(a)
unless the supplier has reasonable cause to believe that the person who
ordered the drug is lawfully authorised to do so; and
(b)
unless the person receiving the drug—
(i)
provides the supplier with a signed and dated receipt for
the drug; and
(ii)
is known to the supplier or produces satisfactory
evidence of his or her identity.
Maximum penalty: $5 000.
(5) If a drug of
dependence is authorised or required by the law of any place to be carried
aboard a ship, a person must not supply that drug for carriage aboard a ship
unless he or she has received a written order for the drug from the master or
medical officer of the ship.
Maximum penalty: $5 000.
(6) The Minister may
exempt a supplier, or a class of suppliers, from this regulation, or specified
provisions of this regulation, if satisfied that the supplier, or class of
suppliers, has adequate arrangements for the keeping of records.