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reg 27

Storage requirements for approved substances—Act, s 74

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Part 3Accessing voluntary assisted dying and death

27 Storage requirements for approved substances—Act, s 74

(1)

This section applies to the following people when in possession of an approved substance:

(a)

an individual who has or had a self‑administration decision in effect (a relevant individual);

(b)

a person who is or was the contact person for a relevant individual (a relevant contact person);

(c)

a person who is or was an administering practitioner for an individual who has or had a practitioner administration decision in effect (a relevant administering practitioner).

(2)

The person must—

(a)

store the substance in a suitable receptacle at all times other than when the substance is being prepared, administered or given to an approved disposer; and

(b)

keep the receptacle locked at all times other than when the substance is being prepared, administered or given to an approved disposer.

(3)

The relevant individual must—

(a)

keep the suitable receptacle in a place and manner that ensures their contact person can access the receptacle; and

(b)

tell their contact person the address of the place where the receptacle is kept; and

(c)

if the receptacle is unlocked by a combination lock—keep the combination confidential other than to give the combination to their contact person for 1 or more of the following purposes:

(i)

the preparation of the substance;

(ii)

the administration of the substance;

(iii)

giving the substance to an approved disposer; and

(d)

if the receptacle is unlocked by a key—

(i)

keep personal custody of the key; or

(ii)

keep the key in a place that is not the same place as where the receptacle is kept; or

(iii)

give the key to their contact person.

(4)

If the relevant individual gives their contact person the combination for a purpose mentioned in subsection (3) (c) (i) to (iii), the contact person must keep the combination confidential.

(5)

If the relevant individual gives the key to their contact person under subsection (3) (d) (iii), the contact person must—

(a)

do 1 of the following:

(i)

keep personal custody of the key;

(ii)

keep the key in a place that is not the same place as where the receptacle is kept;

(iii)

if the individual asks to be given the key—give the key to the individual; and

(b)

if the contact person keeps the key in a place under paragraph (a) (ii)—tell the individual the address and location of the place where the key is kept.

(6)

The relevant contact person must—

(a)

keep the suitable receptacle in a place and manner that ensures the relevant individual can access the receptacle; and

(b)

tell the relevant individual the address of the place where the receptacle is kept; and

(c)

if the receptacle is unlocked by a combination lock—

(i)

give the combination to the relevant individual; and

(ii)

otherwise keep the combination confidential; and

(d)

if the receptacle is unlocked by a key—

(i)

give the key to the relevant individual; or

(ii)

if the relevant individual asks the relevant contact person to keep custody of the key—

(A)

keep personal custody of the key; or

(B)

keep the key in a place that is not the same place as where the receptacle is kept; and

(e)

if the receptacle is unlocked by a key and the relevant individual asks the relevant contact person to keep custody of the key—tell the relevant individual the address and location of the place where the key is kept; and

(f)

if the relevant individual asks for the receptacle—give the receptacle to the individual; and

(g)

if the relevant contact person gives the receptacle to the individual under paragraph (f)—give the key to the relevant individual.

(7)

The relevant administering practitioner must—

(a)

if the suitable receptacle is unlocked by a combination lock—keep the combination confidential; and

(b)

if the receptacle is unlocked by a key—

(i)

keep personal custody of the key; or

(ii)

keep the key in a place that is not the same place as where the receptacle is kept.

(8)

In this section:

suitable receptacle means a receptacle that—

(a)

is not easily penetrable; and

(b)

is locked with a lock of sturdy construction.

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