New South Wales Consolidated Acts

POISONS AND THERAPEUTIC GOODS ACT 1966 - SECT 16

16 Offences relating to prescribed restricted substances

(1) A person shall not have in his or her possession or attempt to obtain possession of a prescribed restricted substance unless:

(a) the person is a medical practitioner, pharmacist, dentist or veterinary practitioner, and the person obtains possession or attempts to obtain possession of it in the lawful practice of the person’s profession as such,

(a1) the person is a nurse practitioner who is authorised under section 17A to possess the substance and the person obtains possession or attempts to obtain possession of it in the lawful practice of his or her profession,

(a2) the person is an optometrist who is authorised under section 17B to possess the substance and the person obtains possession or attempts to obtain possession of it in the lawful practice of his or her profession, or

(a3) the person is a midwife practitioner who is authorised under section 17A to possess the substance and the person obtains possession or attempts to obtain possession of it in the lawful practice of his or her profession,

(b) the person obtains possession or attempts to obtain possession of it on and in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist or veterinary practitioner for its supply to the person,

(c) the person is a person or belongs to a class of persons authorised by the Director-General for the purposes of section 10 (4) (c),

(d) the person is a person authorised in writing by the Director-General to obtain possession of the prescribed restricted substance for the purposes of the person’s profession or employment and obtains, or attempts to obtain, as the case may be, possession of the prescribed restricted substance in accordance with any conditions subject to which the person is so authorised,

(d1) the person is a person who has the care of, or is assisting in the care of, another person (for or to whom the supply of the substance has been authorised by the prescription of a medical practitioner, nurse practitioner, midwife practitioner, optometrist or dentist) and has the prescribed restricted substance in his or her possession for the sole purpose of administering, or assisting in the self-administration of, the substance to the other person in accordance with that prescription, or

(e) the person is licensed or otherwise authorised by this Act or the regulations to obtain possession of the substance for the purposes of his or her profession or employment.

Maximum penalty:

(a) for an offence relating to a prescribed restricted substance that is an anabolic or androgenic steroidal agent, 20 penalty units or imprisonment for 2 years, or both, and

(b) for an offence relating to a prescribed restricted substance other than an anabolic or androgenic steroidal agent, 20 penalty units or imprisonment for 6 months, or both.

(2) A person shall not forge or fraudulently alter, or utter, knowing it to be forged or fraudulently altered, any prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist or veterinary practitioner including any prescribed restricted substance.

Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.

(3) A person who:

(a) by a representation that the person knows, or ought reasonably to know, is false or misleading:

(i) obtains, or attempts to obtain, from a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist or veterinary practitioner a prescription that includes a restricted substance of a kind prescribed by the regulations for the purposes of this section, or

(ii) induces, or attempts to induce, a pharmacist to dispense a prescription that includes such a substance, knowing the prescription to be forged or fraudulently altered, or

(iii) induces, or attempts to induce, a pharmacist to dispense a prescription that includes such a substance, knowing the prescription to have been obtained as referred to in subparagraph (i), or

(b) is in actual possession of a prescription that includes such a substance, knowing the prescription to be forged or fraudulently altered, or

(c) is in actual possession of a prescription obtained as referred to in paragraph (a) (i), knowing the prescription to be so obtained,

is guilty of an offence.

Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.

(4) Any prescribed restricted substance in the order or disposition of a person shall, for the purposes of subsection (1), be deemed to be in the person’s possession.

(5) A person shall not be guilty of an offence against subsection (1) by virtue of the person having in his or her possession, or attempting to obtain possession of, a prescribed restricted substance if the person proves that he or she had possession, or attempted to obtain possession, of the substance only for the purpose of delivering it:

(a) to a medical practitioner, nurse practitioner, midwife practitioner, pharmacist, dentist, optometrist or veterinary practitioner, or

(b) to a person to whom its supply has been authorised by the prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist or veterinary practitioner.