(1)  A person must not dispense a narcotic substance except under regulation 23 or in accordance with a prescription written and issued in accordance with regulation 20 .

Penalty:  Fine not exceeding 10 penalty units.

(2)  If a prescription for a narcotic substance directs that the substance be dispensed more than once –

(a) the person responsible for dispensing the substance is to retain the prescription at the place at which the substance is dispensed; and

(b) any subsequent dispensing of the substance is to be from the same place as the original dispensing.

(3)  Subregulation (2) does not apply if the person responsible for dispensing the substance securely transfers the prescription to another pharmacy by mail or courier.

(4)  Where a prescription for a narcotic substance directs that substance to be dispensed more than once, but does not specify the minimum intervals at which that prescription may be dispensed –

(a) a person may dispense that prescription if –

(i) the prescription conforms in all other respects with regulation 20(7) ; and

(ii) that person ascertains, in accordance with subregulation (5) , the earliest date on which the dispensing of the prescription may be repeated; and

(iii) on dispensing the prescription that person clearly and indelibly marks on it, over his or her signature and the date, a note specifying both the date so ascertained and how it was ascertained; and

(b) a person who is unable to ascertain, in accordance with subregulation (5) , the earliest date on which the dispensing of the prescription may be repeated may dispense that prescription not more than once if –

(i) the prescription conforms in all other respects with regulation 20(7) ; and

(ii) on dispensing the prescription that person clearly and indelibly marks the word "cancelled" on the prescription.

(5)  The date referred to in subregulation (4)(a)(ii) is to be ascertained by reference to either, or both, of the following:

(a) any specific directions incorporating a dosage rate that are included in the prescription for the use of that narcotic substance by the patient;

(b) information obtained directly from the prescriber as to the minimum intervals at which that narcotic substance should be dispensed to the patient.

(6)  If the date referred to in subregulation (4)(a)(ii) is ascertained by reference only to the information referred to in paragraph (a) of subregulation (5) , that date is to be a date not earlier than 4 days before the day on which the quantity of the narcotic substance being dispensed would be exhausted if it is used strictly in accordance with the directions referred to in that paragraph.

(7)  A person must not dispense a prescription for a narcotic substance unless –

(a) the person is a medical practitioner or pharmacist; or

(b) the person dispenses the prescription under the supervision of a medical practitioner or pharmacist.

Penalty:  Fine not exceeding 10 penalty units.

(8)  A person must not cause or permit a person to dispense a prescription contrary to subregulation (1) or (7) .

Penalty:  Fine not exceeding 10 penalty units.

(9)  In a proceeding for an offence committed or alleged to have been committed under subregulation (1) , it is a defence to show that the defendant believed, on reasonable grounds, that the prescription was written and issued in accordance with regulation 20 .

(10)  Nothing in subregulation (7) prevents the dispensing of a prescription for a narcotic substance by or under the supervision of a veterinary surgeon, if the narcotic substance is intended for administration to an animal.

(11)  A person must not dispense, or cause or allow to be dispensed, a prescription for a narcotic substance if the person knows, or has reason to believe, or if it appears from the markings made on the prescription, that the prescription has already been dispensed, unless the prescription has been issued by a medical practitioner, authorised health professional or authorised nurse practitioner who has indicated on the prescription in accordance with regulation 20 that the prescription may be dispensed more times than once.

Penalty:  Fine not exceeding 10 penalty units.

(12)  Without prejudice to the foregoing provisions of this regulation, a person must not dispense, or cause or allow to be dispensed, a prescription for a narcotic substance on which it is indicated that that prescription may be dispensed more times than once, if the person knows, or has reason to believe, or if it appears from the markings on the prescription, that the prescription has already been dispensed the number of times indicated on the prescription.

Penalty:  Fine not exceeding 10 penalty units.

(13)  The person by whom a narcotic substance is dispensed on a prescription and, if in so dispensing that narcotic substance that person is acting in the employment of some other person, that other person must ensure that, before the narcotic substance so dispensed is supplied to any person, there is clearly marked in ink on the prescription –

(a) the date on which it is dispensed; and

(b) the signature of the medical practitioner, veterinary surgeon, dentist, authorised health professional or pharmacist by whom it is dispensed; and

(c) the address of that person's residence or place of business, or the name and address of the residence or place of business of the person in whose employment that person was acting when that person dispensed the prescription; and

(d) the word "cancelled" , unless –

(i) the medical practitioner, dentist, authorised nurse practitioner, authorised health professional or veterinary surgeon by whom the prescription was issued has indicated on the prescription in accordance with regulation 20(7)(a)(iv) that the prescription may be dispensed on more than one occasion; and

(ii) it appears from the prescription and the markings made on it that the prescription may be dispensed on a further occasion.

Penalty:  Fine not exceeding 10 penalty units.

(14)  A person must not dispense a narcotic substance under a prescription which –

(a) is illegible or defaced; or

(b) is marked "cancelled" ; or

(c) appears to have been altered; or

(d) appears to be fraudulent in any respect or forged.

Penalty:  Fine not exceeding 10 penalty units.

(15)  A pharmacist may write on a prescription for a narcotic substance the date of birth of the person for the treatment of whom the narcotic substance was prescribed.

(16)  A person to whom a prescription referred to in subregulation (14) is presented must –

(a) retain the prescription notwithstanding that the prescription is not dispensed; and

(b) as soon as practicable, inform the Secretary or a police officer of the relevant circumstances and the person's reasons for not dispensing the prescription.

Penalty:  Fine not exceeding 10 penalty units.

(17)  A person must not dispense a narcotic substance under a prescription which is presented more than 6 months after the date on which the prescription was issued.

Penalty:  Fine not exceeding 10 penalty units.

(18)  A medical practitioner, veterinary surgeon, dentist, authorised health professional or pharmacist who, in the course of the practice or business carried on by him or her as such, dispenses, or causes or permits to be dispensed, a prescription that is required by this regulation to be marked with the word "cancelled" must keep that prescription in a file kept for that purpose for 2 years from the date on which it is dispensed.

Penalty:  Fine not exceeding 10 penalty units.

(19)  Where a prescription is dispensed by or under the supervision of a medical practitioner, veterinary surgeon, dentist or authorised health professional, he or she must mark, or cause to be marked, in ink on the package or container in which the narcotic substance is supplied –

(a) a reference to the entry in the narcotic substances register, if an entry is made in the narcotic substances register; or

(b) a reference to the entry in the day book, if an entry is made in the day book –

in respect of the supply of that narcotic substance on that prescription.

Penalty:  Fine not exceeding 10 penalty units.

(20)  A pharmacist who, in the course of the business of a pharmacist carried on by the pharmacist, dispenses, or causes or permits to be dispensed, a prescription for a narcotic substance must mark, or cause to be marked, in ink on the label on the container of the narcotic substance the prescription reference number appearing in the approved recording system and such other particulars as are prescribed in regulation 114(2) .

Penalty:  Fine not exceeding 10 penalty units.

(21)  Where, under the requirements of any law of the Commonwealth or of any Department of the Commonwealth, a prescription for a narcotic substance is required to be issued in duplicate and one of the copies is delivered or sent to any authority or person in accordance with those requirements, this regulation applies only to the other of those copies, and that copy is taken to be a prescription for a narcotic substance for the purposes of this regulation.

(22)  A person must not dispense, or cause or permit to be dispensed, a repeat of a prescription for a narcotic substance at an interval of time less than that indicated on the prescription.

Penalty:  Fine not exceeding 10 penalty units.

(23)  For the purposes of subregulation (19)  –

narcotic substances register means the narcotic substances register referred to in regulation 18 .

(24)  For the purposes of this regulation, 2 or more prescriptions issued to the same person in respect of the same narcotic substance are to be treated as a single prescription that directs that the substance may be dispensed more than once.