CONTROLLED SUBSTANCES ACT 1984 - SECT 31
CONTROLLED SUBSTANCES ACT 1984 - SECT 31
(1) This Part does not
apply to—
(a) the
manufacture, sale or supply of a poison, or the sale or supply of equipment
for use in connection with the consumption or administration of a poison, by a
pharmacist if the pharmacist is acting in the ordinary course of the
pharmacist's profession; or
(ab) the
sale by retail of a poison, or of equipment for use in connection with the
consumption or administration of a poison, by a registered health practitioner
if the practitioner is acting in the ordinary course of the practitioner's
profession and—
(i)
the practitioner is a dentist, medical practitioner or
nurse practitioner; or
(ii)
the practitioner's registration is endorsed under
section 94 of the Health Practitioner Regulation National Law as being
qualified to sell a scheduled medicine or class of scheduled medicines and the
poison is a scheduled medicine or of a class of scheduled medicines specified
in the endorsement; or
(iii)
the practitioner is authorised to sell the poison by the
regulations; or
(ac) the
supply of a poison, or of equipment for use in connection with the consumption
or administration of a poison, by a registered health practitioner if the
practitioner is acting in the ordinary course of the practitioner's profession
and—
(i)
the practitioner is a dentist, medical practitioner,
nurse or midwife; or
(ii)
the practitioner's registration is endorsed under
section 94 of the Health Practitioner Regulation National Law as being
qualified to supply a scheduled medicine or class of scheduled medicines and
the poison is a scheduled medicine or of a class of scheduled medicines
specified in the endorsement; or
(iii)
the practitioner is authorised to supply the poison by
the regulations; or
(ad) the
administration of a poison by a registered health practitioner if the
practitioner is acting in the ordinary course of the practitioner's profession
and—
(i)
the practitioner is a dentist, medical practitioner,
nurse or midwife; or
(ii)
the practitioner's registration is endorsed under
section 94 of the Health Practitioner Regulation National Law as being
qualified to administer a scheduled medicine or class of scheduled medicines
and the poison is a scheduled medicine or of a class of scheduled medicines
specified in the endorsement; or
(iii)
the practitioner is authorised to administer the poison
by the regulations; or
(ae) the
manufacture, sale, supply or administration of a poison, or the sale or supply
of equipment for use in connection with the consumption or administration of a
poison, by a veterinary surgeon if the veterinary surgeon is acting in the
ordinary course of the veterinary surgeon's profession; or
(af) the
possession of a poison or equipment if that possession is incidental to an
activity described in a preceding paragraph; or
(ag) the
cultivation or sale of a plant, the manufacture, sale, supply, administration
or possession of a substance or the sale, supply or possession of equipment by
a person who is acting in accordance with a licence or permit issued under
this Act; or
(ah) the
cultivation, processing, possession, sale or supply of a plant, or the sale,
supply or possession of a substance by a person who is acting in accordance
with the Industrial Hemp Act 2017 ; or
(ai) the
possession of industrial hemp that is cultivated or supplied pursuant to a
licence under the Industrial Hemp Act 2017 ; or
(b) the
possession of a relevant controlled drug, or of equipment for use in
connection with the consumption or administration of a relevant controlled
drug, by—
(A) for whom the drug has been lawfully
prescribed; or
(B) to whom the drug has been lawfully
supplied for the purpose of consumption or administration by the person; or
(A) being the owner of an animal for whom
the drug has been lawfully prescribed; or
(B) to whom the drug has been lawfully
supplied for the purpose of consumption by or administration to an animal
owned by the person; or
(iii)
a person acting on behalf of a person referred to in
subparagraph (i) or (ii); or
(c) the
administration or supply, or the giving of permission for the administration
or supply, of a relevant controlled drug to a person—
(i)
for whom the drug has been lawfully prescribed; or
(ii)
to whom the drug has been lawfully supplied for the
purpose of consumption or administration by the person; or
(d) the
consumption or administration of a relevant controlled drug by a person—
(i)
for whom the drug has been lawfully prescribed; or
(ii)
to whom the drug has been lawfully supplied for the
purpose of consumption or administration by the person.
(2) In proceedings for
an offence against this Part, subsection (1) is to be treated as
providing exceptions, and no proof will be required in relation to any
exception by the prosecution but the application of an exception will be a
matter for proof by the defendant.
(3) In this
section—
"industrial hemp" has the same meaning as in the Industrial Hemp
Act 2017 ;
"relevant controlled drug" means a controlled drug other than a
controlled drug of a kind excluded from this definition by regulation.