New South Wales Consolidated Regulations

POISONS AND THERAPEUTIC GOODS REGULATION 2008 - REG 129

129 Persons authorised to possess or use substances and to be supplied by holder of wholesaler’s licence or authority

(1) Each person specified in Appendix C is authorised to possess and use the substances specified in relation to that person in that Appendix subject to any conditions or qualifications that may be specified.

Note: Section 11 (1) of the Act creates an offence if the holder of a wholesaler’s licence or wholesaler’s authority supplies any Schedule 1, 2, 3 or 7 substance or any restricted substance to a person other than an authorised person. An authorised person includes a person who is authorised by or under the Act to use, or have possession of, the substance concerned.

(2) Each person who is specified in Appendix C as being authorised to possess and use a substance is, for the purposes of paragraph (d) of the definition of "Supply by wholesale" in section 4 (1) of the Act, authorised to be supplied with wholesale quantities of the substance.

(3) For the purposes of section 10 (2) (b) of the Act, the holder of a wholesaler’s licence or wholesaler’s authority is authorised to supply a Schedule 1, 2 or 3 substance otherwise than by wholesale to any person who is specified in Appendix C as being authorised to possess and use the substance.

Note: Section 10 (1) of the Act creates an offence of supplying a substance specified in Schedule 1, 2 or 3 of the Poisons List otherwise than by wholesale except under a general supplier’s licence or a general supplier’s authority. Section 10 (2) of the Act provides for exceptions to this offence.

(4) For the purposes of section 10 (4) (d) of the Act, the holder of a wholesaler’s licence or wholesaler’s authority is authorised to supply a restricted substance otherwise than by wholesale to any person who is specified in Appendix C as being authorised to possess and use the substance.

Note: Section 10 (3) of the Act creates an offence of supplying a restricted substance otherwise than by wholesale. Section 10 (4) of the Act provides for exceptions to this offence.