Poisons Act 1971

Subject to subsection (2) and subsection (2A), a person must not have a raw narcotic or narcotic substance in his possession, unless– the person is, or is acting as the employee of and under the direction of, a licensed manufacturing chemist, licensed wholesale chemist, pharmacist, medical practitioner, dentist, authorised health professional or veterinary surgeon engaged in the lawful practice of his business or profession as such; the person is an authorised nurse practitioner acting in accordance with an authorisation conferred on him or her under section 25B; or the person is a registered nurse or midwife acting in accordance with an authorisation conferred under section 25A; or the person is acting in accordance with an authorisation conferred by the regulations. Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.

Nothing in subsection (1) prohibits – the keeping or using of a raw narcotic or narcotic substance in a prescribed institution in accordance with the directions of the person in charge of that institution; the possession by a person of a raw narcotic or narcotic substance supplied by a medical practitioner, dentist, pharmacist, authorised health professional or veterinary surgeon to him or for some person who is a member of his family or his household or of whom he has the care, custody, or control; the possession by a person of a narcotic substance supplied by a registered nurse or midwife, in accordance with an authorisation conferred by section 25A, to him or for some person who is a member of his family or his household or of whom he has the care, custody, or control; or the possession by a person of a narcotic substance supplied by an authorised nurse practitioner, in accordance with an authorisation under section 25B, to him or her or to some person who is a member of his or her family or his or her household or of whom he or she has the care, custody or control; or the possession, keeping, or use of a raw narcotic or narcotic substance in accordance with the regulations made under section 59(1)(i).

A person may have in the person’s possession a raw narcotic or narcotic substance if the raw narcotic or narcotic substance was lawfully prescribed and dispensed to the person in another State or a Territory for the use of the person or a member of the person’s immediate family.

A person may have in his or her possession a raw narcotic or narcotic substance if – the raw narcotic or narcotic substance was lawfully prescribed and dispensed to the person in another country for the use of the person or a member of his or her immediate family; and the raw narcotic or narcotic substance was declared on entry to Australia; and the person brought the raw narcotic or narcotic substance lawfully into this State with them, either on their person or in their luggage.

A person is not guilty of an offence against subsection (1) if the person is the holder of a permit, licence or authority in force under this Act and is acting in accordance with the terms and conditions of that permit, licence or authority.

A person is not guilty of an offence against subsection (1) if – the possession by the person of the raw narcotic or narcotic substance is authorised under an emergency order; and that person is acting in accordance with the emergency order.

For the purposes of section 6A of the Road Safety (Alcohol and Drugs) Act 1970, a raw narcotic or narcotic substance in respect of which subsection (2A) applies is taken to have been obtained in accordance with this Act.

In this section, prescribed institution means – a public institution; or any other institution or establishment that is for the time being approved by the Minister, in writing, for the purposes of this section.