New South Wales Consolidated Acts

POISONS AND THERAPEUTIC GOODS ACT 1966 - SECT 10

10 Prohibition on supply of certain substances otherwise than by wholesale

(1) A person who supplies otherwise than by wholesale any substance specified in Schedule 1, 2 or 3 of the Poisons List except under, and in accordance with the conditions of, a general supplier's licence or a general supplier's authority issued under the regulations is guilty of an offence.

: Maximum penalty--15 penalty units or imprisonment for 6 months, or both.

(2) Subsection (1) does not apply to a supply--

(a) by a medical practitioner, dentist, veterinary practitioner or pharmacist in the lawful practice of his or her profession, or

(a1) by a nurse practitioner, who is authorised under section 17A to supply the substance, in the lawful practice of his or her profession as such, or

(a2) by an optometrist, who is authorised under section 17B to supply the substance, in the lawful practice of his or her profession as such, or

(a3) by a midwife practitioner who is authorised under section 17A to supply the substance in the lawful practice of his or her profession as such, or

(a4) by a podiatrist, who is authorised under section 17C to supply the substance, in the lawful practice of his or her profession as such, or

(b) by any other person, or person of a class, licensed or authorised by or under this Act to supply the substance.

(3) A person who supplies a restricted substance otherwise than by wholesale is guilty of an offence.

: Maximum penalty--

(a) 20 penalty units or imprisonment for 2 years, or both, if the restricted substance involved in the offence is of a kind prescribed by the regulations for the purposes of this section, or

(b) 15 penalty units or imprisonment for 6 months, or both, in any other case.

(4) Subsection (3) does not apply to a supply of a restricted substance--

(a) by a medical practitioner, dentist or veterinary practitioner in the lawful practice of his or her profession, or

(a1) by a nurse practitioner, who is authorised under section 17A to supply the substance, in the lawful practice of his or her profession as such, or

(a2) by an optometrist, who is authorised under section 17B to supply the substance, in the lawful practice of his or her profession as such, or

(a3) by a midwife practitioner who is authorised under section 17A to supply the substance in the lawful practice of his or her profession as such, or

(a4) by a podiatrist, who is authorised under section 17C to supply the substance, in the lawful practice of his or her profession as such, or

(b) by a pharmacist in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist, podiatrist or veterinary practitioner, or

(c) to a patient of a designated hospital, or an inmate of a designated institution, by a person authorised to supply the substance to patients or inmates of the hospital or institution in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner or a dentist, or

(c1) by a person who has the care of, or is assisting in the care of, another person (for or to whom the supply of the substance has been authorised by the prescription of a medical practitioner, nurse practitioner, midwife practitioner or dentist) and who administers the restricted substance to the other person in accordance with that prescription, or

(d) by any other person, or person of a class, licensed or authorised by or under this Act to supply the substance.

(5) The Secretary may at any time revoke an authorisation or designation given for the purposes of subsection (4) (c) for any reason that the Secretary considers appropriate.

(6) As soon as practicable after revoking such an authorisation or designation, the Secretary must notify the revocation in writing to the person, hospital or institution concerned. The notice must specify the reason for the revocation.

(7) In this section--

"authorised" means authorised by the Secretary, either specifically or as a member of a class.

"designated hospital" means a hospital, or a hospital of a class, designated in writing by the Secretary.

"designated institution" means an institution, or an institution of a class, designated in writing by the Secretary.