New South Wales Consolidated Acts

POISONS AND THERAPEUTIC GOODS ACT 1966 - SECT 12

12 Obtaining substances by false representation

(1) A person who, by a representation that the person knows, or ought reasonably to know, is false or misleading in a material respect, obtains, or attempts to obtain, from an authorised person:

(a) a substance specified in Schedule 1, 2, 3 or 7 of the Poisons List, or

(b) a restricted substance,

is guilty of an offence.

Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.

(2) In this section, "authorised person" means:

(a) a medical practitioner, dentist, veterinary practitioner or pharmacist, or

(a1) a nurse practitioner authorised under section 17A to supply or use, or have possession of, the substance concerned, or

(a2) an optometrist authorised under section 17B to supply or use, or have possession of, the substance concerned, or

(a3) a midwife practitioner authorised under section 17A to supply or use, or have possession, of, the substance concerned, or

(b) a holder of a manufacturer’s licence, a wholesaler’s licence or a wholesaler’s authority, or

(c) a holder of a general supplier’s licence or a general supplier’s authority, or

(d) any other person licensed or authorised by or under this Act to supply or use, or have possession of, the substance concerned.