New South Wales Consolidated Acts

POISONS AND THERAPEUTIC GOODS ACT 1966 - SECT 24

24 Regulations under Division 1 of Part 4

(1) Without limiting the generality of section 45C, the Governor may, for the purpose of preventing the improper use of drugs of addiction, make regulations under this Division for or with respect to:

(a) prohibiting the manufacture of any drug of addiction except on premises licensed for the purpose and subject to the conditions specified in the licence,

(b) prohibiting the manufacture or supply of any such drug except by persons licensed or otherwise authorised under the regulations and subject to any conditions specified in the licence or authority,

(c) prohibiting the issue by persons other than medical practitioners, nurse practitioners, midwife practitioners, dentists or veterinary practitioners of prescriptions containing any such drug,

(d) prohibiting or regulating the issue by medical practitioners, nurse practitioners, midwife practitioners, dentists or veterinary practitioners of prescriptions containing any such drug, the dispensing of such prescriptions, and the supply of any such drugs thereunder,

(e) requiring persons engaged in the manufacture or supply of any such drug to keep such books and furnish such information either in writing or otherwise to such persons as may be prescribed, and making provision for the inspection of such books and records by prescribed persons,

(f) fixing the fees to be paid in respect of any licence, inspection, permit, or authority made or issued under the regulations,

(g) providing for the forfeiture of any such drug unlawfully in the possession of any person,

(h) providing that any specified breach of the regulations shall be regarded as “misconduct in a professional respect” within the meaning of any Act,

(h1) prohibiting or regulating the administering, otherwise than on the order of a medical practitioner, nurse practitioner, midwife practitioner or dentist, of any drug of addiction, and

(i) generally, regulating and controlling the manufacture, possession and supply of drugs of addiction.

(2) Regulations shall be made under this Division making provision for or with respect to:

(a) authorising pharmacists to be in possession of any drug of addiction for the purposes of:

(i) manufacturing at their respective shops in the ordinary course of their respective retail businesses any preparation, admixture, or extract of that drug, and

(ii) carrying on at their respective shops the business of supplying, dispensing, or compounding that drug,

(b) authorising medical practitioners, pharmacists employed in dispensing medicines at any public hospital or other institution, dentists and veterinary practitioners to be in possession of and to supply, in the lawful practice of their professions as such, any drug of addiction, subject to such conditions and restrictions as may be prescribed,

(b1) authorising nurse practitioners or midwife practitioners employed in dispensing medicines at any public hospital or other institution to be in possession of and to supply, in the lawful practice of their professions as such, any drug of addiction, subject to such conditions and restrictions as may be prescribed,

(c) authorising persons in charge of laboratories for the purpose of research or instruction, and such other persons as to the Minister may seem proper to be in possession of any drug of addiction for the purposes of their professions or employments, subject to such conditions and restrictions as may be prescribed,

(d) the issue, grant and renewal of licences or authorities for the purposes of this Division by the Director-General on such terms and subject to such conditions (including in the case of a licence the payment of a fee) as the Director-General thinks proper, and

(e) the withdrawal and suspension of any such licence or authority by the Director-General.

(4)

(a) A general licence to manufacture drugs of addiction shall not be issued.

(b) A licence to manufacture drugs of addiction shall be limited to the manufacture of a particular drug or drugs specified in the licence.

(c) Several licences to manufacture drugs of addiction may be issued to the same person.

(5) Subject to this Division, a regulation made under this Division may apply:

(a) to all drugs of addiction, to any such drug specified in the regulation, or to all such drugs other than those so specified, and

(b) to all persons, to persons or classes of persons specified in the regulations, or to all persons other than persons or classes of persons so specified.