(1) A person shall not have in his or her possession or attempt to obtain
possession of a prescribedrestricted 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,
(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,
(a4) the person is a podiatrist who is
authorised under section 17C 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, podiatrist 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 Secretary for the purposes of section 10 (4) (c),
(d) the
person is a person authorised in writing by the Secretary to obtain possession
of the prescribedrestricted 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 prescribedrestricted 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, podiatrist or dentist) and has the prescribedrestricted 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 prescribedrestricted 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 prescribedrestricted 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,
podiatrist or veterinary practitioner including any prescribedrestricted 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, podiatrist 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 prescribedrestricted 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 prescribedrestricted 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, podiatrist 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, podiatrist or
veterinary practitioner.