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s 65

Giving, receiving and possessing approved substances—transfer of administering practitioner functions

In force
Part 4Accessing voluntary assisted dying and death
Division 4.3Dealing with approved substances

65 Giving, receiving and possessing approved substances—transfer of administering practitioner functions

(1)

This section applies if—

(a)

the administering practitioner functions for an individual are transferred under section 46 or section 47; and

(b)

the original administering practitioner is in possession of an approved substance for the individual when the transfer takes effect.

(2)

Within 14 days after the day the administering practitioner functions are transferred, the new administering practitioner may ask the original administering practitioner to give the approved substance to the new administering practitioner.

(3)

The original administering practitioner must comply with a request under subsection (2) within 2 days after the day it is made.

Maximum penalty: 100 penalty units.

(4)

If the original administering practitioner gives the substance to the new administering practitioner, the new administering practitioner may—

(a)

receive the substance for a purpose mentioned in section 66 (2); and

(b)

possess the substance for a purpose mentioned in section 66 (2).

(5)

Within 4 business days after the day the original administering practitioner gives an approved substance to the new administering practitioner, the original administering practitioner must—

(a)

tell the board, by written notice, that they have given the substance to the new administering practitioner; and

(b)

tell the director-general, by written notice, that—

(i)

the individual has a new administering practitioner; and

(ii)

the original administering practitioner has given the substance to the new administering practitioner.

Maximum penalty (paragraph (a)): 20 penalty units.

(6)

A written notice given under subsection (5) (b) must include any information prescribed by regulation.

(7)

An offence against subsection (5) (a) is a strict liability offence.

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