Regulation of prescription drugs
18 Regulation of prescription drugs
A person must not prescribe a prescription drug (not being a drug of dependence) except as follows:
a registered health practitioner may prescribe a prescription drug (not being a drug of dependence) for a person if he or she is acting in the ordinary course of the practitioner's profession and—
the practitioner is a dentist, medical practitioner or nurse practitioner; or
the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to prescribe a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or
the practitioner is authorised to prescribe the drug by the regulations;
a veterinarian may prescribe a prescription drug (not being a drug of dependence) for an animal if the veterinarian is acting in the ordinary course of the veterinarian's profession;
a person may prescribe a prescription drug (not being a drug of dependence) for a person or an animal if licensed to do so by the Minister. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.
A person must not sell a prescription drug (not being a drug of dependence) by wholesale except as follows:
a pharmacist may sell a prescription drug (not being a drug of dependence) by wholesale if the pharmacist is acting in the ordinary course of the pharmacist's profession;
a person may sell a prescription drug (not being a drug of dependence) by wholesale if licensed to do so by the Minister. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.
A person must not sell a prescription drug (not being a drug of dependence) by retail except as follows:
a pharmacist may sell a prescription drug (not being a drug of dependence) by retail if the pharmacist—
is dispensing the drug on the prescription of a person of a class authorised to prescribe the drug; and
is acting in the ordinary course of the pharmacist's profession;
a registered health practitioner may sell a prescription drug (not being a drug of dependence) by retail if the practitioner is acting in the ordinary course of the practitioner's profession and—
the practitioner is a dentist, medical practitioner or nurse practitioner; or
the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to sell a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or
the practitioner is authorised to sell the drug by the regulations;
a veterinarian may sell a prescription drug (not being a drug of dependence) by retail if the veterinarian is acting in the ordinary course of the veterinarian's profession;
a person may sell a prescription drug (not being a drug of dependence) by retail if the person is licensed to do so by the Minister. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.
A person must not supply a prescription drug (not being a drug of dependence) to another person except as follows:
a pharmacist may supply a prescription drug (not being a drug of dependence) to a person if the pharmacist—
is dispensing the drug on the prescription of a person of a class authorised to prescribe the drug; and
is acting in the ordinary course of the pharmacist's profession;
a registered health practitioner may supply a prescription drug (not being a drug of dependence) to a person if the practitioner is acting in the ordinary course of the practitioner's profession and—
the practitioner is a dentist, medical practitioner, nurse or midwife; or
the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to supply a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or
the practitioner is authorised to supply the drug by the regulations;
a veterinarian may supply a prescription drug (not being a drug of dependence) to a person for an animal if the veterinarian is acting in the ordinary course of the veterinarian's profession;
a person may supply a prescription drug (not being a drug of dependence) to another person if licensed to do so by the Minister. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.
A person must not administer a prescription drug (not being a drug of dependence) to another person or an animal except as follows:
a registered health practitioner may administer a prescription drug (not being a drug of dependence) to a person if the practitioner is acting in the ordinary course of the practitioner's profession and—
the practitioner is a dentist, medical practitioner, nurse or midwife; or
the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to administer a scheduled medicine or class of scheduled medicines and the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement; or
the practitioner is authorised to administer the drug by the regulations;
a veterinarian may administer a prescription drug (other than a drug of dependence) to an animal if the veterinarian is acting in the ordinary course of the veterinarian's profession;
a person may administer a prescription drug (not being a drug of dependence) to another person if—
the person is licensed to do so by the Minister; or
the drug has been lawfully prescribed for, or supplied to, that other person;
a person may administer a prescription drug (not being a drug of dependence) to an animal if—
the person is licensed to do so by the Minister; or
the drug has been lawfully prescribed or supplied for that animal. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.
A person must not manufacture or pack a prescription drug (not being a drug of dependence) except as follows:
a pharmacist may manufacture or pack a prescription drug (not being a drug of dependence) if the pharmacist is acting in the ordinary course of the pharmacist's profession;
a registered health practitioner may manufacture or pack a prescription drug (not being a drug of dependence) if the practitioner is acting in the ordinary course of the practitioner's profession and—
the practitioner is a dentist, medical practitioner or nurse practitioner; or
the practitioner's registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to sell, supply or administer a scheduled medicine or class of scheduled medicines, the drug is a scheduled medicine or of a class of scheduled medicines specified in the endorsement and the manufacture or packing is incidental to the sale, supply or administration of the drug; or
the practitioner is authorised to manufacture or pack the drug by the regulations;
a veterinarian may manufacture or pack a prescription drug (not being a drug of dependence) if the veterinarian is acting in the ordinary course of the veterinarian's profession;
a person may manufacture or pack a prescription drug (not being a drug of dependence) if licensed to do so by the Minister;
a person may manufacture or pack a prescription drug (not being a drug of dependence) if—
the drug has been lawfully prescribed for the person, another person or an animal; and
the manufacture or packing is incidental to the administration of the drug as so prescribed. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.
A person must not prescribe a prescribed prescription drug unless the person has the qualifications or meets the requirements specified in the regulations for the purposes of this subsection. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.
A person must not have in his or her possession a prescription drug (not being a drug of dependence) unless he or she—
is the person, or is acting on behalf of the person, for whom the drug has been lawfully prescribed or supplied; or
is the owner, or is acting on behalf of the owner, of an animal for whom the drug has been lawfully prescribed or supplied; or
is a person authorised by law to sell or supply prescription drugs; or
is licensed to do so by the Minister; or
has other lawful authority or reasonable excuse for doing so. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.
In proceedings for an offence against subsection (1) or (3), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority and, in the case of a complaint for an offence against subsection (3), without reasonable excuse, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.
In this section—
manufacture, in relation to a substance, means undertake any process by which the substance is extracted, produced, refined, separated into discrete units or otherwise prepared.
This provision refers to the regulations (the regulations
, specified in the regulations
). Made under this Act:
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