South Australian Consolidated Acts South Australian Consolidated Acts18—Sale, supply, administration and possession of prescription drugs
(1) A person must not
sell by retail, supply or administer to another person or to an animal, or
prescribe for a person or an animal, a prescription drug (not being a
drug of dependence) unless he or she is—
(a) a
medical practitioner, dentist, veterinary surgeon or nurse acting in the
ordinary course of his or her profession; or
(b) a
member of any other prescribed profession acting in the ordinary course of
that profession and in accordance with the regulations; or
(c) a
pharmacist dispensing the prescription of a medical practitioner, dentist,
veterinary surgeon or member of a prescribed profession; or
(d) a
person administering to another person or to an animal a prescription drug
that has been lawfully prescribed for or supplied to that other person, or
that animal; or
(e) a
person licensed to do so by the Minister.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) A member of a
profession referred to in or prescribed under subsection (1) must not
supply or administer to another person a prescribed prescription drug unless
he or she holds prescribed qualifications.
Maximum penalty: $10 000 or imprisonment for 2 years.
(3) A person must not
have in his or her possession a prescription drug (not being a
drug of dependence) unless he or she—
(a) is
the person, or is acting on behalf of the person, for whom the drug has been
lawfully prescribed or supplied; or
(b) is
the owner, or is acting on behalf of the owner, of an animal for whom the drug
has been lawfully prescribed or supplied; or
(c) is a
person authorised by law to sell or supply prescription drugs; or
(d) is
licensed to do so by the Minister; or
(e) has
other lawful authority or reasonable excuse for doing so.
Maximum penalty: $10 000 or imprisonment for 2 years.
(4) In proceedings for
an offence against subsection (1) or (3), the paragraphs of the
subsection are to be treated as providing exceptions, and, if the complaint
negatives the exceptions or alleges that the defendant acted without lawful
authority and, in the case of a complaint for an offence against
subsection (3), without reasonable excuse, no proof will be required in
relation to the exceptions by the prosecution but the application of an
exception will be a matter for proof by the defendant.