POISONS ACT 1971 - SECT 38 Limitation of application of certain provisions of Division 1 of this Part
POISONS ACT 1971 - SECT 38
Division 3 - Exemptions Limitation of application of certain provisions of Division 1 of this Part
(1) Section 26(1) and (1B) do not apply to or in relation to(a) the sale or supply of a restricted substance that is sold or supplied by a pharmacist on and in accordance with the prescription of a medical practitioner, dentist, authorised health professional, authorised nurse practitioner or veterinary surgeon;(ab) . . . . . . . .(ac) the sale or supply of a midwifery restricted substance that is sold or supplied by a pharmacist on and in accordance with the prescription of an endorsed midwife;(b) the sale or supply of a restricted substance (not being a specified psychotropic substance) that is sold or supplied by a pharmacist otherwise than on and in accordance with such a prescription, but only where that sale or supply is made in accordance with such conditions (if any) as are prescribed in the regulations for the purposes of this paragraph;(ba) the sale or supply of a restricted substance that is sold or supplied by a pharmacist, or licensed wholesale chemist, otherwise than on and in accordance with such a prescription, but only where that sale or supply is to a person holding the Secretary's written authority for the use of the substance in respect of ambulance services;(bb) the sale or supply of a restricted substance by a person who is authorised under, and acting in accordance with, an emergency order;(c) the supply of a restricted substance by a registered nurse or midwife in accordance with an authorisation conferred on that nurse or midwife under section 25A ;(d) the administration to a person who, because of age or mental or physical disability, whether permanent or temporary, is incapable of caring for himself of(i) a substance to which section 26 applies by a parent or guardian of the person; or(ii) a restricted substance by a parent or guardian of the person as prescribed by a medical practitioner, dentist, authorised health professional or authorised nurse practitioner;(e) the administration to a person of a substance to which section 26 applies or a restricted substance by a registered nurse or midwife in accordance with the written directions of a medical practitioner, dentist, authorised health professional or authorised nurse practitioner;(ea) . . . . . . . .(f) . . . . . . . .(g) the administration to a person of a substance to which section 26 applies or a restricted substance by the master of a boat where the substance is required to be carried on a boat of that class by regulations or by-laws made under the Marine and Safety Authority Act 1997 for the purpose of providing medical treatment of a passenger or crew member on the boat;(h) the administration to a person of a substance to which section 26 applies or a restricted substance by a volunteer ambulance officer, an ambulance officer, a paramedic or an interstate ambulance officer(i) at the direction of a medical practitioner; or(ii) in accordance with the Field Protocols applying with respect to the administration of scheduled substances as approved by the Commissioner of Ambulance Services from time to time; or(i) the administration to a person of a substance to which section 26 applies or a restricted substance by a prescribed person or a member of a class of prescribed persons in circumstances prescribed by the regulations.(1A) In subsection (1) specified psychotropic substance means a restricted substance that is designated in the regulations as a psychotropic substance for the purposes of subsection (1)(b) .(2) Section 36 (1) does not apply to or in relation to a wholesale dealer who has in his possession, or attempts to obtain possession of, a substance to which that section applies for the purposes of a wholesale dealing.(3) Sections 28 , 29 , 30 , 31 , and 33 do not apply to or in relation to the sale or supply of a hazardous poison but this subsection does not apply in respect of a medicine for external use containing a hazardous poison unless the container thereof bears the word "Poison" printed conspicuously thereon together with the name and address of the seller.(a) that is made up or compounded as a medicine byon and in accordance with the prescription of a medical practitioner, authorised health professional, dentist, or veterinary surgeon;(i) a pharmacist acting in the lawful practice of his profession as such; or(ii) a provisionally registered pharmacist under the direct personal supervision of a pharmacist so acting(b) that is made up or compounded extemporaneously as a medicine by a pharmacist so acting for a specific and individual case, if the medicine does not contain a restricted substance; or(c) that is made up or compounded as a medicine and is supplied by a medical practitioner so acting for the purposes of medical treatment, by a dentist so acting for the purposes of dental treatment, by an authorised health professional so acting in the course of his or her profession, or by a veterinary surgeon so acting for the purposes of animal treatment(4) Sections 26 , 28 , 29 , 30 , 31 , and 33 do not apply to or in relation to the sale or supply of (a) photographic materials for the purposes of photography;(b) a material or liquid containing a substance that is a hazardous poison or a medicinal poison (not being such a poison that is excluded by the regulations from the operation of this subsection) for the destruction of animals, birds, insects, or plants; or(c) a substance that is a hazardous poison, medicinal poison, potent substance, or restricted substance by a wholesale dealer in the ordinary course of wholesale dealing.