Poisons Act 1971

Section 26(1) and (1B) do not apply to or in relation to– the sale or supply of a restricted substance that is sold or supplied by a pharmacist on and in accordance with the prescription of a medical practitioner, dentist, authorised health professional, authorised nurse practitioner or veterinary surgeon; the sale or supply of a midwifery restricted substance that is sold or supplied by a pharmacist on and in accordance with the prescription of an endorsed midwife; the sale or supply of a restricted substance (not being a specified psychotropic substance) that is sold or supplied by a pharmacist otherwise than on and in accordance with such a prescription, but only where that sale or supply is made in accordance with such conditions (if any) as are prescribed in the regulations for the purposes of this paragraph; the sale or supply of a restricted substance that is sold or supplied by a pharmacist, or licensed wholesale chemist, otherwise than on and in accordance with such a prescription, but only where that sale or supply is to a person holding the Secretary's written authority for the use of the substance in respect of ambulance services; the sale or supply of a restricted substance by a person who is authorised under, and acting in accordance with, an emergency order; the supply of a restricted substance by a registered nurse or midwife in accordance with an authorisation conferred on that nurse or midwife under section 25A; the administration to a person who, because of age or mental or physical disability, whether permanent or temporary, is incapable of caring for himself of– a substance to which section 26 applies by a parent or guardian of the person; or a restricted substance by a parent or guardian of the person as prescribed by a medical practitioner, dentist, authorised health professional or authorised nurse practitioner; the administration to a person of a substance to which section 26 applies or a restricted substance by a registered nurse or midwife in accordance with the written directions of a medical practitioner, dentist, authorised health professional or authorised nurse practitioner; the administration to a person of a substance to which section 26 applies or a restricted substance by the master of a boat where the substance is required to be carried on a boat of that class by regulations or by-laws made under the Marine and Safety Authority Act 1997 for the purpose of providing medical treatment of a passenger or crew member on the boat; the administration to a person of a substance to which section 26 applies or a restricted substance by a volunteer ambulance officer, an ambulance officer, a paramedic or an interstate ambulance officer– at the direction of a medical practitioner; or in accordance with the Field Protocols applying with respect to the administration of scheduled substances as approved by the Commissioner of Ambulance Services from time to time; or the administration to a person of a substance to which section 26 applies or a restricted substance by a prescribed person or a member of a class of prescribed persons in circumstances prescribed by the regulations.

In subsection (1) – specified psychotropic substance means a restricted substance that is designated in the regulations as a psychotropic substance for the purposes of subsection (1)(b).

Section 36(1) does not apply to or in relation to a wholesale dealer who has in his possession, or attempts to obtain possession of, a substance to which that section applies for the purposes of a wholesale dealing.

Sections 28, 29, 30, 31, and 33 do not apply to or in relation to the sale or supply of a hazardous poison – that is made up or compounded as a medicine by– a pharmacist acting in the lawful practice of his profession as such; or a provisionally registered pharmacist under the direct personal supervision of a pharmacist so acting– on and in accordance with the prescription of a medical practitioner, authorised health professional, dentist, or veterinary surgeon; that is made up or compounded extemporaneously as a medicine by a pharmacist so acting for a specific and individual case, if the medicine does not contain a restricted substance; or that is made up or compounded as a medicine and is supplied by a medical practitioner so acting for the purposes of medical treatment, by a dentist so acting for the purposes of dental treatment, by an authorised health professional so acting in the course of his or her profession, or by a veterinary surgeon so acting for the purposes of animal treatment– but this subsection does not apply in respect of a medicine for external use containing a hazardous poison unless the container thereof bears the word "Poison" printed conspicuously thereon together with the name and address of the seller.

Sections 26, 28, 29, 30, 31, and 33 do not apply to or in relation to the sale or supply of – photographic materials for the purposes of photography; a material or liquid containing a substance that is a hazardous poison or a medicinal poison (not being such a poison that is excluded by the regulations from the operation of this subsection) for the destruction of animals, birds, insects, or plants; or a substance that is a hazardous poison, medicinal poison, potent substance, or restricted substance by a wholesale dealer in the ordinary course of wholesale dealing.