Commonwealth Consolidated Regulations

NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS 1960 - REG 28

         (1)   A prescription for the supply of a pharmaceutical benefit marked 'Urgent', that marking being initialled, in the case of a paper-based prescription, by the medical practitioner, participating dental practitioner, authorised midwife or authorised nurse practitioner writing the prescription, may be presented at any time to an approved pharmacist at the premises in respect of which he or she is approved.

         (2)   An approved pharmacist must supply a pharmaceutical benefit as soon as practicable if:

                (a)    a prescription is presented to the pharmacist under subregulation (1); and

               (b)    any charge lawfully demanded for the prescription is paid.

Penalty:   0.2 penalty units.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

         (4)   It is a defence to a prosecution for an offence against subregulation (2) if the pharmacist had a reasonable excuse.

Note    A defendant bears an evidential burden in relation to the matter mentioned in subregulation (4) (see section 13.3 of the Criminal Code ).