DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 13 Persons authorized to have possession etc. of poisons or controlled substances
DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 13
Persons authorized to have possession etc. of poisons or controlled substancesS. 13(1) amended by Nos 20/2016 s. 103, 34/2019 s. 6.
(1) Subject to this Act and the regulations—
S. 13(1)(a) amended by Nos 10002 s. 4(a)(b), 23/1994 s. 118(Sch. 1 item 17.4), 58/1997 s. 96(Sch. item 3.2), 18/2000 s. 99(1).
(a) any registered medical practitioner, pharmacist, veterinary practitioner or dentist is hereby authorized to obtain and have in his possession and to use, sell or supply any poison or controlled substance (other than a Schedule 1 poison) or drug of dependence in the lawful practice of his profession as a registered medical practitioner, pharmacist, veterinary practitioner or dentist (as the case may be); and
S. 13(1)(b) amended by Nos 10002 s. 4(b), 56/1996 s. 100(2).
(b) any authorized officer is hereby authorized to obtain and have in his possession and to sell or supply any poison or controlled substance or drug of dependence in the exercise or performance of any power, function or duty conferred or imposed upon him by this Act or the regulations; and
S. 13(1)(baa) inserted by No. 9/2014 s. 5.
(baa) any person employed or engaged by a declared testing facility is hereby authorised to possess a drug of dependence, a poison or controlled substance or any other thing that has been supplied to the declared testing facility under section 98 to the extent that the possession is required for the purpose for which the drug of dependence, poison or controlled substance or thing has been supplied to the facility; and
S. 13(1)(bab) inserted by No. 9/2014 s. 5.
(bab) any person who is authorised under section 44C is hereby authorised to obtain and possess a drug of dependence, a poison or controlled substance or any other thing in accordance with that authorisation; and
S. 13(1)(ba) inserted by No. 94/2000 s. 49(1), amended by No. 97/2005 s. 179(1)(a), substituted by No. 13/2010 s. 37(1)(a).
(ba) any nurse practitioner is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3, 4 or 8 poison approved by the Minister in relation to the relevant category of nurse practitioner in the lawful practice of his or her profession as a nurse practitioner; and
S. 13(1)(bb) inserted by No. 13/2010 s. 37(1)(a).
(bb) any registered nurse whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3, 4 or 8 poison approved by the Minister in relation to the relevant category of nurse in the lawful practice of his or her profession as a registered nurse; and
S. 13(1)(bc) inserted by No. 14/2012 s. 5(1).
(bc) any registered midwife whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3, 4 or 8 poison approved by the Minister and specified in the endorsement in the lawful practice of his or her profession as a registered midwife; and
S. 13(1)(c) inserted by No. 56/1996 s. 100(2), amended by Nos 18/2000 s. 99(2), 97/2005 s. 179(1)(b), 13/2010 s. 37(1)(b), 40/2017 s. 5.
(c) any registered optometrist whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3 or 4 poison for ophthalmic use that is approved by the Minister and specified in the endorsement in the lawful practice of his or her profession as a registered optometrist; and
S. 13(1)(ca) inserted by No. 97/2005 s. 179(2), amended by No. 13/2010 s. 37(1)(c).
(ca) any registered podiatrist whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3 or 4 poison approved by the Minister and specified in the endorsement in the lawful practice of his or her profession as a registered podiatrist; and
S. 13(1)(d) inserted by No. 18/2000 s. 99(2), amended by Nos 97/2005 s. 179(1)(c), 27/2012 s. 12(1).
(d) any registered Chinese medicine practitioner whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 1 poison that is approved by the Minister in accordance with the endorsement in the lawful practice of his or her profession as a registered Chinese medicine practitioner; and
S. 13(1)(e) inserted by No. 18/2000 s. 99(2), amended by Nos 97/2005 s. 179(1)(c), 27/2012 s. 12(2).
(e) any registered Chinese herbal dispenser whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 1 poison that is approved by the Minister in accordance with the endorsement in the lawful practice of his or her profession as a registered Chinese herbal dispenser.
S. 13(2) amended by Nos 10002 s. 4(b), 42/1993 s. 39(1), 23/1994
s. 118(Sch. 1 item 17.4),
58/1997
s. 96(Sch. item 3.2), 56/1996 s. 100(3), 9/1998 s. 5(1).
(2) Subsection (1)(a) or (b) shall not be construed as authorizing a registered medical practitioner, veterinary practitioner or dentist to sell or supply any poison or controlled substance (other than a Schedule 5 poison, a Schedule 6 poison or a Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail) or drug of dependence by retail in an open shop unless he is licensed under this Act to do so.
S. 13(2AA) inserted by No. 94/2000 s. 49(2).
(2AA) Subsection (1)(ba) shall not be construed as authorising a nurse practitioner referred to in that paragraph to sell or supply any Schedule 2, 3, 4 or 8 poison by retail in an open shop unless the nurse practitioner is licensed under this Act to do so.
S. 13(2AAB) inserted by No. 13/2010 s. 37(2).
(2AAB) Subsection (1)(bb) shall not be construed as authorising a registered nurse referred to in that paragraph to sell or supply any Schedule 2, 3, 4 or 8 poison by retail in an open shop unless the registered nurse is licensed under this Act to do so.
S. 13(2AAC) inserted by No. 14/2012 s. 5(2).
(2AAC) Subsection (1)(bc) shall not be construed as authorising a registered midwife referred to in that paragraph to sell or supply any Schedule 2, 3, 4 or 8 poison by retail in an open shop unless the registered midwife is licensed under this Act to do so.
S. 13(2A) inserted by No. 56/1996 s. 100(4), amended by No. 97/2005 s. 179(1)(d).
(2A) Subsection (1)(c) shall not be construed as authorising a registered optometrist referred to in that paragraph to sell or supply any Schedule 2, 3 or 4 poison by retail in an open shop unless the optometrist is licensed under this Act to do so.
S. 13(2AB) inserted by No. 97/2005 s. 179(3).
(2AB) Subsection (1)(ca) shall not be construed as authorising a registered podiatrist referred to in that paragraph to sell or supply any Schedule 2, 3 or 4 poison by retail in an open shop unless the podiatrist is licensed under this Act to do so.
S. 13(2B) inserted by No. 56/1996 s. 100(4), amended by No. 74/2004 s. 10(a)–(c), repealed by No. 75/2014 s. 18.
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S. 13(3) amended by No. 10002 s. 4(b).
(3) Where a pharmacist sells or supplies by wholesale to another pharmacist a poison or controlled substance or drug of dependence for use by the other pharmacist in the lawful practice of his profession as a pharmacist, the sale or supply shall for the purposes of subsection (1) be regarded as a sale or supply in the lawful practice of his profession by the first-mentioned pharmacist.
S. 13(3A) inserted by No. 18/2000 s. 99(3), amended by No. 97/2005 s. 179(1)(e), substituted by No. 13/2010 s. 37(3), amended by No. 27/2012 s. 12(3).
(3A) If a registered Chinese herbal dispenser sells or supplies by wholesale a Schedule 1 poison to any other registered Chinese herbal dispenser in accordance with an endorsement of that other dispenser's registration under section 94 of the Health Practitioner Regulation National Law for use by the other registered Chinese herbal dispenser in the lawful practice of his or her profession as a registered Chinese herbal dispenser, the sale or supply shall, for the purposes of subsection (1), be regarded as a sale or supply in the lawful practice of his or her profession by the first-mentioned registered Chinese herbal dispenser.
S. 13(4) inserted by No. 42/1993 s. 39(2), substituted by No. 9/1998 s. 5(2).
(4) A person is authorised to sell or supply by retail, subject to and in accordance with the regulations—
(a) any Schedule 5 poison; or
(b) any Schedule 6 poison; or
(c) any Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail.
S. 13(4A) inserted by No. 74/2004 s. 3.
(4A) A person is authorised to sell or supply by wholesale, subject to and in accordance with the regulations—
(a) any Schedule 5 poison; or
(b) any Schedule 6 poison.
S. 13(4B) inserted by No. 74/2004 s. 3.
(4B) A person is authorised to manufacture and sell or supply by retail, subject to and in accordance with the regulations—
(a) any Schedule 5 poison; or
(b) any Schedule 6 poison.
S. 13(4C) inserted by No. 74/2004 s. 3.
(4C) A person is authorised to manufacture and sell or supply by wholesale, subject to and in accordance with the regulations—
(a) any Schedule 5 poison; or
(b) any Schedule 6 poison.
S. 13(5) inserted by No. 18/2000 s. 99(4), substituted by No. 13/2010 s. 37(4), amended by No. 27/2012 s. 12(4)(5).
(5) Despite subsection (1)(a), a registered medical practitioner or pharmacist who is also a registered Chinese medicine practitioner or registered Chinese herbal dispenser with an endorsement with respect to Schedule 1 poisons is authorised to obtain and have in his or her possession and to use, sell or supply Schedule 1 poisons in accordance with that endorsement in the lawful practice of his or her profession as a registered medical practitioner or pharmacist.
S. 13(6) inserted by No. 80/2004 s. 150(Sch. 2 item 2.4), amended by Nos 97/2005 s. 179(1)(f), 39/2010 s. 120.
(6) A person who is licensed to carry on a pharmacy business or pharmacy depot under Part 3 of the Pharmacy Regulation Act 2010 is authorized to sell or supply by retail, subject to and in accordance with this Act and regulations, any poison or controlled substance or drug of dependence if the sale or supply is under the supervision of a registered pharmacist who is employed or engaged by that person to provide pharmacy services for that pharmacy business or pharmacy depot.
S. 13(7) inserted by No. 61/2017 s. 124.
(7) If a registered medical practitioner obtains, has in the registered medical practitioner's possession, uses, supplies, sells or administers a voluntary assisted dying substance to a person who is the subject of a voluntary assisted dying permit in accordance with the Voluntary Assisted Dying Act 2017 in the lawful practice of the registered medical practitioner's profession as a registered medical practitioner, the obtaining, possession, use, supply, selling or administration is, for the purposes of subsection (1)—
(a) taken to be the obtaining, possession, use, supply, selling or administration in the lawful practice of the practitioner's profession by the registered medical practitioner; and
(b) authorised by this Act.
S. 13(8) inserted by No. 61/2017 s. 124.
(8) If a pharmacist obtains, has in the pharmacist's possession, sells or supplies a voluntary assisted dying substance to a person who is the subject of a voluntary assisted dying permit in accordance with the Voluntary Assisted Dying Act 2017 for use by the person in the lawful practice of the pharmacist's profession as a pharmacist, the obtaining, possession, sale or supply is, for the purposes of subsection (1)—
(a) taken to be the obtaining, possession, sale or supply in the lawful practice of the pharmacist's profession by the pharmacist; and
(b) authorised by this Act.
S. 13A inserted by No. 18/2000 s. 100.