New South Wales Consolidated Acts

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTION) ACT 1997 - SECT 11

11 Exemptions relating to offences

(1) A visiting health professional does not commit an offence under a Health Registration Act, the Poisons and Therapeutic Goods Act 1966 or the Drug Misuse and Trafficking Act 1985 , or any regulations under those Acts, for:

(a) providing health care services authorised by this Act, or

(b) possessing or supplying any substance in the course of providing those authorised health care services, or

(c) prescribing any substance in accordance with this Act, or

(d) holding himself or herself out as being able to provide those authorised health care services, or

(e) using any name, initials, description, word, symbol, addition or title that he or she ordinarily uses.

(2) A visitor does not commit an offence under the Poisons and Therapeutic Goods Act 1966 or the Drug Misuse and Trafficking Act 1985 , or any regulations under those Acts, for doing any thing, or possessing any substance, as a result of being provided with health care services in accordance with this Act.

(3) A person does not commit an offence under the Poisons and Therapeutic Goods Act 1966 or the Drug Misuse and Trafficking Act 1985 , or any regulations under those Acts, for:

(a) supplying a restricted substance or drug of addiction in accordance with a written prescription issued by a visiting health professional if:

(i) the health professional is authorised in accordance with this Act to issue the prescription, and

(ii) the person is authorised in accordance with this Act to supply the substance on such a prescription, or

(b) supplying any substance by wholesale to a visiting health professional if:

(i) the person is authorised in accordance with this Act to supply the substance by wholesale, and

(ii) the visiting health professional is authorised in accordance with this Act to be supplied with the substance by wholesale, and

(iii) the person is complying with any conditions to which the person’s authorisation under the Poisons and Therapeutic Goods Act 1966 is subject.

(4) The regulations may prescribe other offences to which subsection (1), (2) or (3) applies.

Note: A visiting health professional who provides health care services otherwise than in accordance with this Act loses the exemption given by section 11 in relation to the commission of offences under the Health Registration Acts.