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POISONS ACT 1971 - SECT 26 Sale and supply of potent substances and hazardous and medicinal poisons

POISONS ACT 1971 - SECT 26

PART III - Poisons and Restricted Substances Division 1 - Restrictions on the sale, supply, and possession of poisons and restricted substances Sale and supply of potent substances and hazardous and medicinal poisons

(1)  Subject to section 47A and section 47C , a person must not sell or supply to another person a substance to which this section applies unless the first person is –
(a) the holder of a licence in force under section 27 to sell or supply that substance; or
(b) a person authorised under subsection (1A) or subsection (1AB) .
Penalty:  Fine not exceeding 10 penalty units.
(1A)  A medical practitioner, pharmacist, licensed manufacturing chemist, licensed wholesale chemist, dentist, authorised health professional or veterinary surgeon, in the lawful practice of his or her profession or business, is authorised to sell or supply to another person a substance to which this section applies.
(1AB)  An authorised nurse practitioner in the lawful practice of his or her profession and to the extent of any authorisation conferred on him or her under section 25B is authorised to sell or supply to another person a substance to which this section applies.
(1B)  Subject to section 47A and section 47C , a person must not sell or supply a restricted substance to another person unless the first person is a person authorised under subsection (1C) or subsection (1D) .
Penalty:  Fine not exceeding 20 penalty units.
(1C)  A medical practitioner, dentist, authorised health professional or veterinary surgeon, in the lawful practice of his or her profession or business, is authorised to sell or supply a restricted substance to another person.
(1D)  An authorised nurse practitioner in the lawful practice of his or her profession and to the extent of any authorisation conferred on him or her under section 25B is authorised to sell or supply a restricted substance to another person.
(2)  Subsections (1) and (1B) do not apply to or in relation to the supply, by way of free distribution, of clinical samples of a substance to which this section applies or of a restricted substance to medical practitioners, dentists, authorised health professionals or veterinary surgeons by persons engaged in the manufacture of, or wholesale dealing in, any such substance where the distribution is made to the medical practitioner, dentist, authorised health professional or veterinary surgeon personally or by posting, by registered post, a letter or parcel containing the substance addressed to the medical practitioner, dentist, authorised health professional or veterinary surgeon.
(3)  Nothing in this section authorises a medical practitioner, a dentist, an authorised health professional, an authorised nurse practitioner or a veterinary surgeon to sell or supply to another person in an open shop a substance to which this section applies unless he is the holder of a licence under section 27 authorising him to do so.
(4)  In this section, substance to which this section applies means a substance that is –
(a) a hazardous poison;
(b) a medicinal poison; or
(c) a potent substance.