Northern Territory Numbered Acts

MEDICINES, POISONS AND THERAPEUTIC GOODS LEGISLATION AMENDMENT ACT 2022 (NO 25 OF 2022) - SECT 36

Section 140

repeal, insert

140     Prohibited substance authorisation

    (1)     The CHO may issue a prohibited substance authorisation for a prohibited substance only in the circumstances mentioned in subsection (2) or (3).

    (2)     The CHO may issue a prohibited substance authorisation for a prohibited substance if satisfied:

    (a)     the applicant is an authorised health practitioner; and

    (b)     a person is suffering an illness for which there is a therapeutic need for treatment with the substance; and

    (c)     the substance is to be:

        (i)     administered to the person by the applicant or another authorised health practitioner to treat the illness; or

        (ii)     self-administered by the person to treat the illness; and

    (d)     the administration of the substance is justified in the circumstances because the person is suffering from symptoms unresponsive to other available treatment; and

    (e)     if the substance is to be self-administered:

        (i)     it is not reasonably practicable in the circumstances for the substance to be administered by an authorised health practitioner; and

        (ii)     the person is competent to properly self-administer the substance; and

    (f)     security arrangements for the place where the substance is to be stored are adequate to prevent the unlawful use or removal of the substance from the place.

    (3)     The CHO may issue a prohibited substance authorisation for a prohibited substance if satisfied:

    (a)     the applicant is a veterinarian or other person prescribed by regulation; and

    (b)     the substance is for use to sedate animals or for another use prescribed by regulation; and

    (c)     security arrangements for the place where the substance is to be stored are adequate to prevent the unlawful use or removal of the substance from the place.