South Australian Current Regulations

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CONTROLLED SUBSTANCES (POISONS) REGULATIONS 2011 - REG 40

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.



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