Health (Drugs and Poisons) Regulation 1996


Queensland Crest
Health (Drugs and Poisons) Regulation 1996

Chapter 1 Introduction

Part 1 Preliminary

1Short title

This regulation may be cited as the Health (Drugs and Poisons) Regulation 1996.

Part 2 Interpretation

3Dictionary

(1)The dictionary in appendix 9 of this regulation defines particular words used in this regulation.
(2)Definitions found elsewhere in this regulation are signposted in the dictionary.

4Meaning of manufacture

(1)Manufacture, of a controlled drug, restricted drug or a poison, means—
(a)perform a process to produce the drug or poison; or

Example—

mix 2 substances that are not a controlled drug, restricted drug or a poison to produce a controlled drug, restricted drug or a poison
(b)refine the drug or poison; or
(c)convert the drug or poison into another controlled or restricted drug or another poison; or
(d)make or prepare an ampoule, capsule, tablet, vial or other similar article that is or contains the drug or poison; or
(e)mix or compound the drug or poison with another controlled or restricted drug, poison or substance; or
(f)pack or repack the drug or poison.
(2)However, manufacture of a controlled or restricted drug or a poison does not include an act mentioned in subsection (1)(d), (e) or (f) done by a dispenser in relation to or for dispensing the drug or poison.
(3)In addition, manufacture, of a poison, does not include an act mentioned in subsection (1)(e) done—
(a)by a primary producer for use only by the person on the person’s property, other than the act of self-administering the poison or administering the poison to another person; or
(b)by a pest management technician under a licence under the Pest Management Act 2001.
(4)Also, a registered nurse or indigenous health worker does not manufacture a controlled or restricted drug or a poison only by packing or repacking it under a certified written policy, about packing or repacking controlled or restricted drugs or poisons, published by the department.

s 4 amd 2003 SL No. 201 s 33 sch 1; 2004 SL No. 291 s 3; 2011 SL No. 4 s 3

4AQuality standards for dispensing certain drugs and selling certain poisons

(1)A quality standard, for dispensing controlled drugs, dispensing restricted drugs or selling S2 or S3 poisons (each an activity), is a document that states, for the activity—
(a)the standard for carrying out the activity; and
(b)how the standard is met.
(2)A pharmacist may, for an activity—
(a)prepare a quality standard; or
(b)adopt a quality standard prepared by another entity.
(3)If the Pharmacy Board of Australia recognises a quality standard (a PBA standard) for an activity, the quality standard prepared or adopted by a pharmacist, for the activity, must be at least equivalent to the PBA standard for the activity.
(4)A quality standard must be consistent with the following principles—
(a)in selecting a way to manage a person’s condition, a pharmacist should consider appropriate options, including, for example, medicinal and non-medicinal options;
(b)for a medicinal option, the pharmacist should choose the medicine the pharmacist considers is the most appropriate having regard to relevant matters, including, for example, potential risks and benefits of using the medicine;
(c)a medicine should be used in a way that—
(i)maximises the efficacy of the medicine; and
(ii)minimises misuse of the medicine.
(5)In this section—
Pharmacy Board of Australia means the Pharmacy Board of Australia established under the Health Practitioner Regulation National Law.

s 4A ins 2006 SL No. 91 s 4

amd 2010 SL No. 108 s 24

5Meaning of S2 to S9

(1)The expression S2, S3, S4, S5, S6, S7, S8 or S9, if followed by a controlled drug, restricted drug or a poison, means the drug or poison in the schedule to the current Poisons Standard with the number given in the expression.
(2)The expression S2, S3, S4, S5, S6, S7, S8 or S9, if followed by ‘poison’ or ‘substance’ without naming a poison or substance, means any poison in the schedule to the current Poisons Standard with the number given in the expression.

s 5 amd 2000 SL No. 333 s 3

sub 2001 SL No. 205 s 4

amd 2002 SL No. 248 s 4; 2003 SL No. 348 s 3; 2011 SL No. 306 s 4

5AMeaning of supervision and personal supervision

(1)Supervision, by a person of another person, includes supervision using any technology that allows reasonably contemporaneous and continuous communication between the persons.
(2)Personal supervision, by a person (the supervisor) of another person, includes supervision using any technology that allows reasonably contemporaneous and continuous communication between the persons, and allows reasonably contemporaneous and continuous observation by the supervisor of actions taken by the other person.

Example—

videoconferencing

s 5A ins 2011 SL No. 4 s 4

6Meaning of transaction

Transaction means an event by which—
(a)a controlled drug, restricted drug or a poison comes into or goes out of a person’s possession; or
(b)the composition, form or strength of, or way of packing, a controlled or restricted drug or a poison is changed.

Examples of transactions—

obtaining and keeping samples of chemical starting materials used in manufacturing a controlled or restricted drug or a poison
obtaining and keeping samples of finished products of a manufactured controlled or restricted drug or a poison
manufacturing, packing and repacking a controlled or restricted drug or a poison
moving a controlled or restricted drug or a poison from one place to another (with or without a change of ownership)

7Application of interpretation provisions in current Poisons Standard to regulation

(1)A word used in this regulation that is defined in the current Poisons Standard has the same meaning in this regulation as it does in the current Poisons Standard.
(2)An interpretation provision in the current Poisons Standard applies in the interpretation of this regulation.
(3)However, subsection (1) does not apply to the definition poison in the current Poisons Standard because, as defined in the current Poisons Standard, poison includes all substances to which this regulation applies, whether the substance is a controlled drug, restricted drug or poison under this regulation.
(4)Despite the fact that the definition poison in this regulation does not have the same meaning as it has in the current Poisons Standard, the interpretation provisions in the current Poisons Standard that apply to the definition poison apply to controlled drugs, restricted drugs and poisons as defined in this regulation.

Example of subsection (4)—

Paragraph 1(2) of the current Poisons Standard states that, unless a contrary intention appears, a reference to a poison in a schedule includes a number of other things, including, for example, every salt, active principle or derivative of the poison and every salt of such an active principle or derivative.

Also, paragraph 1(2)(h) and (i) of the current Poisons Standard provides that a reference in a schedule to a poison does not include certain poisons, including, for example, a poison in a product in appendix A of the current Poisons Standard.

s 7 amd 2000 SL No. 333 s 4; 2011 SL No. 306 s 4; 2012 SL No. 208 s 7

8References to entering details, signing or dating entries etc.

(1)This section applies if a person is required to—
(a)enter details in a document, including writing a prescription; or
(b)sign or date an entry; or
(c)otherwise write on a document.
(2)The person must write—
(a)in ink; and
(b)in a way that the entry or other matter is legible, except the person’s signature.

Maximum penalty—20 penalty units.

(3)This section does not apply to a person when the person uses a computer to keep records or make an electronic prescription.

s 8 amd 2007 SL No. 18 s 10

Part 3 Application of regulation to certain substances

9Provisions not applied to morphine or opium in certain preparations

The provisions mentioned in appendix 1 of this regulation do not apply to—
(a)morphine in a compounded preparation containing 0.1% or less of morphine calculated as anhydrous morphine; or
(b)opium in a compounded preparation containing 0.1% or less of morphine calculated as anhydrous morphine.

9AClassification of new drugs and poisons

(1)This section applies to a drug or poison for human or animal therapeutic use (a new drug or poison) if—
(a)the drug or poison becomes available for sale in the State before a decision is made about whether it is to be included in a schedule to the current Poisons Standard; and
(b)the chief executive reasonably believes it will be listed in schedule 4 or schedule 8 of the current Poisons Standard.
(2)The new drug or poison is taken to be a restricted drug until—
(a)the new drug or poison is included in a schedule to the current Poisons Standard; or
(b)the Secretary to the Department in which the Therapeutic Goods Act 1989 (Cwlth) is administered, or the Secretary’s delegate, decides the new drug or poison is not to be included in a schedule.

s 9A ins 2000 SL No. 333 s 5

amd 2011 SL No. 4 s 5; 2011 SL No. 306 s 4

9BReclassifications of poisons

(1)This section applies to a poison if—
(a)any of the following about the poison is varied—
(i)the method of manufacture;
(ii)the composition;
(iii)the dosage;
(iv)how the poison may be administered;
(v)the purposes for which the poison may be used; and
(b)a decision has not been made since the variation about in which schedule to the current Poisons Standard the poison is to be included.
(2)The poison is taken to be a restricted drug until a decision is made about in which schedule to the current Poisons Standard the poison is to be included and the poison is included in the schedule.

s 9B ins 2000 SL No. 333 s 5

amd 2011 SL No. 306 s 4

Part 4 Packing and labelling

10Packaging of controlled or restricted drugs or poisons

(1)A person must not sell a controlled drug, restricted drug or a poison, unless the way it is packed complies with part 2 of the current Poisons Standard.

Maximum penalty—20 penalty units.

(2)However, subsection (1) does not apply to a person if the controlled or restricted drug or poison is packed in a way certified under this section.
(3)The chief executive may certify a container for packing a controlled or restricted drug or a poison only if—
(a)it does not comply with the current Poisons Standard because—
(i)it is uncoloured; or
(ii)its shape or dimensions differ from a shape or dimension permitted under the current Poisons Standard; or
(iii)it is designed for a particular purpose; and
(b)the chief executive is reasonably satisfied using the container as a package for a controlled or restricted drug or a poison is as safe as using a container permitted under the current Poisons Standard.

s 10 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 6; 2011 SL No. 4 s 6; 2011 SL No. 306 s 4

11Labelling of controlled or restricted drugs or poisons—Act, s 131I

A package containing a controlled drug, restricted drug or a poison must bear a label that complies with part 2 of the current Poisons Standard.

s 11 amd 2011 SL No. 306 s 4

12Certain containers not to be used

(1)A person must not sell any of the following in a container of a kind mentioned in paragraph 21, 21a, 22 or 23 of the current Poisons Standard or a container that is a certified container under section 10(3) of this regulation—
(a)a drug for internal human use;
(b)a medicine for internal human use;
(c)a poison for internal human use;
(d)food;
(e)a drink;
(f)a condiment.

Maximum penalty—60 penalty units.

Note—

See paragraphs 21 and 22 (Containers for poisons other than Schedule 5 poisons) and paragraph 23 (Containers for Schedule 5 poisons) of the current Poisons Standard.
(2)A person must not use an immediate container permanently marked with the name of a controlled or restricted drug or a poison as a container for a different drug or poison.

Maximum penalty—60 penalty units.

Note—

Part 1 of the current Poisons Standard—
Immediate container includes all forms of containers in which a poison is directly packed but does not include any such container intended for consumption or any immediate wrapper.

s 12 amd 2000 SL No. 333 s 7; 2011 SL No. 306 s 4; 2012 SL No. 208 s 8

13Camphor and naphthalene

A person must not sell camphor or naphthalene in ball, block, disc or pellet form for domestic use, unless it is in a device that, in normal use, prevents removal or ingestion of the camphor or naphthalene.

Maximum penalty—60 penalty units.

Part 5 Endorsements

pt hdg amd 2000 SL No. 333 s 8

Division 1 Preliminary

15Suitability of person to hold endorsement

(1)In deciding whether a person is a suitable person to hold, or to continue to hold, an endorsement the chief executive may have regard to, and may make inquiries about, the following—
(a)the person’s knowledge and understanding of the person’s obligations under this regulation;
(b)the person’s qualifications and experience;
(c)the person’s character and standing;
(d)any previous convictions the person has under the Act or this regulation;

Example of paragraph (c)—

The chief executive’s inquiries about an applicant’s suitability may include asking the commissioner of the police service for a written report about the applicant’s criminal history.
(e)whether the person engages, or has engaged, in conduct that risks, or is likely to risk, a controlled drug, a restricted drug or a poison being used for a purpose that is unlawful under a law of a State or the Commonwealth.
(2)Subsection (1) does not limit the matter to which the chief executive may have regard in considering the suitability of the person to hold an endorsement.
(3)In this section—
this regulation includes the Poisons Regulation 1973.

s 15 amd 1998 SL No. 343 ss 1213; 2000 SL No. 333 s 10; 2011 SL No. 4 s 7

16Inquiries about person’s criminal history

(1)If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of a person who has applied for, or holds, an endorsement.
(2)Subsection (1) applies to the criminal history in the commissioner’s possession or to which the commissioner has access.

s 16 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 10

Division 2 Applications for endorsements

div hdg amd 2000 SL No. 333 s 11

17Approved form and fee

(1)A relevant application must be—
(a)in the approved form, if any; and
(b)accompanied by any fee for the relevant application prescribed in appendix 2.
(2)In this section—
relevant application means—
(a)an application for, or renewal of, an endorsement; or
(b)an application for an amendment of, or the repeal of a decision to suspend or cancel, an endorsement.

s 17 amd 1998 SL No. 149 s 4; 2000 SL No. 333 s 12; 2002 SL No. 156 s 6

sub 2012 SL No. 208 s 9

18How chief executive may deal with applications

(1)The chief executive must consider an application for an endorsement and either—
(a)grant the endorsement, with or without conditions; or
(b)refuse to grant the endorsement.
(2)Also, the chief executive must consider an application for the renewal of a drug licence, poison licence, treatment approval or wholesale representative licence and either—
(a)renew the licence or approval, with or without conditions; or
(b)refuse to renew the licence or approval.
(3)If the chief executive decides to grant the endorsement or renew an endorsement that is a drug licence, poison licence, treatment approval or wholesale representative licence, the chief executive must promptly give the applicant the relevant endorsement.
(4)If the chief executive decides to state a condition on the endorsement, the chief executive must also give the applicant—
(a)if the endorsement is an endorsement other than a treatment approval, a QCAT information notice about the decision to state the condition on the endorsement; or
(b)if the endorsement is a treatment approval, a notice stating the following—
(i)the decision;
(ii)that the applicant may apply to the chief executive for a statement of reasons for the decision under the QCAT Act, section 158, within the period stated in that provision;
(iii)the person has a right to have the decision reviewed by QCAT;
(iv)how, and the period within which, the person may apply for the review;
(v)the right the person has to have the operation of the decision stayed under the QCAT Act, section 22.
(5)However, if the treatment approval is subject to a condition relating to the treatment of a drug dependent person to ensure the treatment under the approval continues to be for the welfare of the person, including, for example, 1 or more of the following conditions, the applicant may not apply for review of the imposition of the condition—
(a)the way in which the controlled or restricted drug is to be dispensed or prescribed for, or administered or supplied to or for, the drug dependent person;
(b)the applicant must, at stated times, examine the drug dependent person or conduct tests in relation to the drug dependent person—
(i)to ensure the controlled or restricted drug is being used in the way the applicant has directed; or
(ii)for the use or presence of other drugs or poisons.
(6)If the chief executive decides not to grant the endorsement or renew the drug licence, poison licence, treatment approval or wholesale representative licence, the chief executive must promptly give the applicant a QCAT information notice about the decision.

s 18 amd 1997 SL No. 323 s 3; 1998 SL No. 149 s 5; 1998 SL No. 343 s 12; 1999 SL No. 258 s 3

sub 2000 SL No. 333 s 13

amd 2002 SL No. 156 s 7; 2009 Act No. 24 s 1020

19Renewal of drug licence, poison licence, treatment approval or wholesale representative licence before expiry

(1)The chief executive may renew a drug licence, poison licence, treatment approval or wholesale representative licence on application made to the chief executive before the licence or approval expires (the expiry day).
(2)However, the chief executive must not renew a general poison licence if, on the expiry day, there is a pharmacy within 25km by road of the licensee’s business premises.
(3)Despite subsection (2), if, during the term of a general poison licence, a pharmacy opens within 25km by road of the licensee’s business premises, the chief executive may renew the licence for up to 6 months to allow the licensee to sell stock on hand.
(4)No fee is payable for a renewal under subsection (3).

s 19 amd 1998 SL No. 149 s 6; 1998 SL No. 343 s 12; 2000 SL No. 333 s 14

20Renewal of drug licence, poison licence, treatment approval or wholesale representative licence after expiry

(1)This section applies if—
(a)not less than 14 days before the expiry day, the holder of a drug licence, poison licence, treatment approval or wholesale representative licence applies for a renewal of the licence or approval; and
(b)the chief executive has not, before the expiry day, made a decision whether to renew the licence or approval.
(2)The licence or approval continues until the day the applicant receives notice of the decision.
(3)If the chief executive decides to renew the licence or approval, the renewed licence or approval is taken to have been renewed on the expiry day.

s 20 amd 1998 SL No. 149 s 7; 1998 SL No. 343 s 12; 2000 SL No. 333 s 15

Division 2A Applications for operating approvals

div hdg ins 2003 SL No. 255 s 3

20APurpose of division

This division states the requirements, in addition to the requirements in division 2, that apply to an application for an operating approval.

s 20A ins 2003 SL No. 255 s 3

20BWho may apply for an operating approval

A person may apply for an operating approval only if the person is a pharmacist who is authorised, under section 64(1)(f), to administer or supply a controlled drug, under the pharmacist opioid DTP, on the instruction of a doctor.

s 20B ins 2003 SL No. 255 s 3

amd 2016 SL No. 17 s 7

20CAdditional requirements for applications for operating approvals

(1)A person who applies for an operating approval must publish a notice about the application in a newspaper circulating generally in the area in which it is proposed to operate a controlled drugs administration facility.
(2)The notice must—
(a)invite members of the local community to make written submissions to the applicant about the establishment and operation of the facility; and
(b)state a period of at least 28 days after the notice is published in which submissions under paragraph (a) must be made.
(3)An application for an operating approval must include—
(a)a copy of the notice published under subsection (1); and
(b)copies of any submissions made to the applicant by members of the local community, in response to the notice; and
(c)a statement made by the applicant about the views of members of the local community in relation to the likely impact of the facility on the amenity of the community.

s 20C ins 2003 SL No. 255 s 3

20DChief executive may require further information or documents

(1)If the chief executive considers further information or a document is required for deciding an application for an operating approval, the chief executive may—
(a)by written notice given to the applicant, require the applicant to give the information or document to the chief executive within a reasonable period, of at least 21 days, stated in the notice; or
(b)ask another person to give the information or document to the chief executive.
(2)Despite subsection (1)(a), the chief executive and the applicant may, within the period stated in the notice, agree to extend the period for complying with a requirement in the notice to a day (the agreed compliance day) after the end of the period stated in the notice.
(3)If the applicant is given a notice under subsection (1)(a) and does not comply with a requirement under the notice within the period stated in the notice, or if applicable by the agreed compliance day, the applicant is taken to have withdrawn the application.

s 20D ins 2003 SL No. 255 s 3

20EDeciding applications for operating approvals

(1)The chief executive must not grant an operating approval for a controlled drugs administration facility proposed for an area unless the chief executive is satisfied it is appropriate for the facility to be in the area.
(2)In deciding whether it is appropriate, the chief executive may only consider—
(a)the need for the facility in the area, taking into account the type and availability of health services in and near the area; and
(b)the likely impact of the facility on the amenity of the local community, taking into account the views of members of the community.

s 20E ins 2003 SL No. 255 s 3

20FTime for deciding applications for operating approvals

(1)The chief executive must decide an application for an operating approval within 30 days after the application is made (the decision period).
(2)However, if the chief executive has given the applicant a notice under section 20D(1)(a), the chief executive may extend the time for deciding the application—
(a)for up to 30 days after the chief executive receives the information or document required under the notice (the extended decision period); or
(b)if the chief executive and the applicant agree—for a reasonable period after the period mentioned in paragraph (a) (the agreed extended decision period).
(3)Also, if the chief executive has asked a person for information or a document under section 20D(1)(b), the chief executive may extend the time for deciding the application—
(a)for up to 60 days after the chief executive receives the application (also the extended decision period); or
(b)if the chief executive and the applicant agree—for a reasonable period after the period mentioned in paragraph (a) (also the agreed extended decision period).
(4)The chief executive must give the applicant a written notice about the extended decision period, or the agreed extended decision period, for a decision.
(5)If the chief executive fails to decide the application within the decision period, or if applicable, the latest extended decision period or agreed extended decision period, the failure is taken to be a decision by the chief executive to refuse to grant the operating approval.

s 20F ins 2003 SL No. 255 s 3

amd 2012 SL No. 208 s 10

Division 3 Other provisions about endorsements

div hdg amd 2000 SL No. 333 s 16

21Holder of endorsement must comply with conditions

The holder of an endorsement must not contravene a condition of the endorsement.

Maximum penalty—80 penalty units.

s 21 amd 2000 SL No. 333 s 10

22Term of drug licence, poison licence or wholesale representative licence

A drug licence, poison licence or wholesale representative licence has effect for 1 year from the day stated in the licence.

s 22 sub 2000 SL No. 333 s 17

Division 4 Suspension or cancellation of endorsement

div hdg amd 2000 SL No. 333 s 10

23Grounds for suspension or cancellation of endorsement

Each of the following is a ground for the suspension or cancellation of an endorsement—
(a)the endorsement has been obtained on the basis of incorrect or misleading information;
(b)the holder of the endorsement is not a suitable person to hold the endorsement;
(c)if the endorsement is granted by the chief executive and states premises for the conduct of business under the endorsement—the premises are unfit for use under the endorsement;
(d)the holder of the endorsement has breached a condition stated in the endorsement;
(e)the holder of the endorsement has contravened a provision of this regulation;
(f)if the endorsement is an operating approval—the authority of the holder of the endorsement under section 64(1)(f) is suspended, cancelled or otherwise ceases.

s 23 amd 1998 SL No. 149 s 8; 1998 SL No. 343 s 12; 2000 SL No. 333 s 18; 2001 SL No. 205 s 5; 2003 SL No. 255 s 4

24Procedure for suspension or cancellation of endorsement

(1)If the chief executive considers there is a ground to suspend or cancel an endorsement (the proposed action), the chief executive may give the holder of the endorsement (the endorsement holder) a written notice that—
(a)states the proposed action; and
(b)states the grounds for the proposed action; and
(c)outlines the facts and circumstances forming the basis for the grounds; and
(d)if the proposed action is suspension of the endorsement—states the proposed suspension period; and
(e)invites the endorsement holder to show, in writing and within a stated time of at least 28 days, why the proposed action should not be taken.
(2)The notice must state whether the proposed action relates to—
(a)all controlled drugs, restricted drugs, poisons or activities permitted under the endorsement; or
(b)a stated controlled drug, restricted drug or poison or a stated activity permitted under the endorsement.
(3)If, after considering all written representations made within the stated time, the chief executive still considers there is a ground to take the proposed action, the chief executive may—
(a)if the proposed action was to suspend the endorsement for all controlled drugs, restricted drugs, poisons or activities permitted under the endorsement for a stated period—suspend the endorsement, for not longer than the proposed suspension period, for—
(i)all controlled drugs, restricted drugs, poisons or activities permitted under the endorsement; or
(ii)a stated controlled drug, restricted drug or poison or a stated activity; or
(b)if the proposed action was to suspend the endorsement for a stated controlled drug, restricted drug or poison or a stated activity for a stated period—suspend the endorsement for the controlled drug, restricted drug, poison or activity for not longer than the proposed suspension period; or
(c)if the proposed action was to cancel the endorsement—
(i)for a stated controlled drug, restricted drug or poison or a stated activity—either cancel the endorsement, or suspend it for a stated period, for the controlled drug, restricted drug, poison or activity; or
(ii)if subparagraph (i) does not apply—either cancel the endorsement or suspend it for a stated period.
(4)Within 10 days after the chief executive makes the decision, the chief executive must give written notice of the decision to the endorsement holder.
(5)If the chief executive decides to suspend or cancel the endorsement, the notice must—
(a)be a QCAT information notice for the decision; and
(b)state the day before which the endorsement holder is not permitted to apply to the chief executive under section 26A.
(5A)The day mentioned in subsection (5)(b) must be a day the chief executive believes is reasonable having regard to the grounds for the suspension or cancellation.
(6)The decision takes effect on the later of—
(a)the day the notice is given to the endorsement holder; or
(b)the day of effect stated in the notice.
(7)However, if the endorsement is suspended or cancelled because of a conviction—
(a)the suspension or cancellation does not take effect until—
(i)the end of the time to appeal against the conviction; or
(ii)if an appeal is made against the conviction—the appeal is finally decided; and
(b)the suspension or cancellation has no effect if the conviction is quashed.

s 24 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 19; 2009 Act No. 24 s 1021; 2011 SL No. 4 s 8

25Urgent suspension or cancellation of endorsement

(1)This section applies if the chief executive is reasonably satisfied—
(a)urgent action about a particular endorsement is necessary in the circumstances; and
(b)undue delay in suspending or cancelling the endorsement may cause harm to the public.
(2)The chief executive may suspend or cancel the endorsement even though the chief executive has not given notice to the endorsement holder under section 30.
(3)However, the chief executive must immediately give written notice of the decision to the endorsement holder.
(4)The notice must—
(a)be a QCAT information notice for the decision; and
(b)state the day before which the endorsement holder is not permitted to apply to the chief executive under section 26A.
(4A)The day mentioned in subsection (4)(b) must be a day the chief executive believes is reasonable having regard to the grounds for the suspension or cancellation.
(5)The notice must also state whether the urgent suspension or cancellation relates to—
(a)all controlled drugs, restricted drugs, poisons, business premises or activities permitted under the endorsement; or
(b)a stated controlled drug, restricted drug or poison, stated business premises or a stated activity permitted under the endorsement.
(6)The decision takes effect on the later of—
(a)the day the notice is given to the endorsement holder; or
(b)the day of effect stated in the notice.

s 25 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 10; 2009 Act No. 24 s 1022; 2011 SL No. 4 s 9

25AUrgent cancellation of certain approvals

(1)This section applies to each of the following approvals (a specified approval)—
(a)an approval mentioned in section 78(1)(a) for the treatment of a person by a doctor;
(b)an approval under section 122, other than an approval for the treatment of a class of drug dependent persons;
(c)an approval under section 213, other than an approval for the treatment of a class of drug dependent persons.
(2)The chief executive may cancel a specified approval if the chief executive is reasonably satisfied—
(a)the holder of the specified approval (the former approval holder) has ceased to treat the person to whom the approval relates; and
(b)it is reasonably necessary, for the welfare of the person, for the chief executive to urgently give a specified approval to a doctor other than the former approval holder.
(3)The chief executive must immediately give written notice of the decision to the former approval holder.
(4)The notice must be a QCAT information notice for the decision.
(5)The decision takes effect on the later of—
(a)the day the notice is given to the former approval holder; or
(b)the day of effect stated in the notice.
(6)For subsection (2)(a), the chief executive may be reasonably satisfied a former approval holder has ceased to treat a person regardless of—
(a)the reason the treatment ceased; or
(b)when the former approval holder last treated the person.

s 25A ins 2001 SL No. 205 s 6

amd 2009 Act No. 24 s 1023

26Return of endorsement

(1)The holder of a suspended endorsement, or the former holder of a cancelled endorsement, must return the endorsement to the chief executive within 14 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it within the 14 days.

Maximum penalty—20 penalty units.

(2)If a suspended endorsement is returned to the chief executive, the chief executive must return it to the endorsement holder at the end of the suspension period.

s 26 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 10

26AApplication for amendment or repeal of decision to suspend or cancel endorsement

(1)The holder of an endorsement that is suspended or cancelled may apply to the chief executive in writing for an amendment or repeal of the decision to suspend or cancel the endorsement.
(2)This part applies to an application made under subsection (1) in the same way as it would if it were an application for an endorsement.

s 26A ins 2000 SL No. 333 s 20

Division 5 Replacement, amendment, return and surrender of endorsements

div hdg amd 2000 SL No. 333 s 21

27Replacement of endorsement

(1)The holder of an endorsement may apply to the chief executive for the replacement of a lost, stolen or destroyed endorsement.
(2)If the chief executive is reasonably satisfied the endorsement has been lost, stolen or destroyed, the chief executive must replace the endorsement.
(3)If the chief executive is not satisfied the endorsement has been lost, stolen or destroyed, the chief executive must—
(a)refuse to replace the endorsement; and
(b)give the applicant a QCAT information notice about the decision to refuse to replace the endorsement.

s 27 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 10; 2009 Act No. 24 s 1024

28Amendment of endorsement on application

(1)The holder of an endorsement may apply to the chief executive for an amendment of the endorsement.
(2)The chief executive must decide the application by—
(a)amending the endorsement in the way sought; or
(b)refusing to amend the endorsement.
(3)The chief executive may amend the endorsement only if the chief executive is reasonably satisfied the amendment is necessary or desirable in the interests of the effective administration of this regulation.
(4)If the chief executive refuses to amend the endorsement, the chief executive must give the applicant a QCAT information notice about the decision to refuse to amend the endorsement.

s 28 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 10; 2009 Act No. 24 s 1025

29Amendment of endorsement without application

(1)The chief executive may amend an endorsement if—
(a)the holder of the endorsement agrees to the amendment; or
(b)the chief executive is reasonably satisfied the endorsement should be amended.
(2)If the chief executive is reasonably satisfied the endorsement should be amended, the chief executive must give the endorsement holder a written notice that—
(a)states the proposed amendment and the reasons for the amendment; and
(b)outlines the facts and circumstances that form the basis for the reasons; and
(c)invites the endorsement holder to make written representations to the chief executive, within a stated time of at least 28 days, to show why the endorsement should not be amended.
(3)If, after considering the representations properly made by the endorsement holder, the chief executive is still reasonably satisfied the endorsement should be amended in the way mentioned in the notice, or in another way having regard to the representations, the chief executive must give the endorsement holder—
(a)a new endorsement; and
(b)a written notice that states—
(i)the old endorsement has been cancelled; and
(ii)the way in which the new endorsement is different from the old endorsement; and
(iii)the reasons for the amendment; and
(iv)the endorsement holder has a right to have the decision reviewed by QCAT; and
(v)how, and the period within which, the person may apply for the review; and
(vi)the right the endorsement holder has to have the operation of the decision stayed under the QCAT Act, section 22.

s 29 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 22; 2009 Act No. 24 s 1026

30Minor amendment of endorsement

(1)This section applies if—
(a)the chief executive is reasonably satisfied an endorsement should be amended; and
(b)the proposed amendment does not adversely affect the endorsement holder’s interests, including, for example—
(i)by omitting a condition; or
(ii)by correcting an error; or
(iii)by making another change, other than a change of substance.
(2)The chief executive may amend the endorsement by written notice given to the endorsement holder.
(3)The notice must state the reasons for the decision.
(4)Section 29(2) and (3) do not apply to the amendment.

s 30 amd 1998 SL No. 149 s 9; 1998 SL No. 343 s 12; 2000 SL No. 333 s 10

31Date amendment of endorsement takes effect

A decision to amend an endorsement under section 28, 29 or 30 takes effect on the later of—
(a)the day the notice of the amendment is given to the endorsement holder; or
(b)the day of effect stated in the notice.

s 31 amd 2000 SL No. 333 s 10

32Surrender of endorsement

(1)The holder of an endorsement may surrender the endorsement by written notice given to the chief executive.
(2)The endorsement holder must return the endorsement with the notice, unless the endorsement holder has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)The surrender takes effect on the day the notice is given.
(4)Subsection (2) does not apply to an endorsement holder if the endorsement is an authority.

s 32 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 10; 2001 SL No. 205 s 7

Part 6 External review

pt hdg sub 2009 Act No. 24 s 1027

33Decisions that may be reviewed

(1)An applicant for an endorsement may apply, as provided under the QCAT Act, to QCAT for review of the chief executive’s decision to refuse to grant the endorsement or to grant an endorsement subject to conditions.
(2)An endorsement holder may apply, as provided under the QCAT Act, to QCAT for review of the following decisions of the chief executive—
(a)a decision to refuse to renew a drug licence, poison licence, treatment approval or wholesale representative licence;
(b)a decision to renew a drug licence, poison licence, treatment approval or wholesale representative licence on new conditions;
(c)a decision to suspend or cancel an endorsement;
(d)a decision to refuse to amend an endorsement;
(e)a decision to amend an endorsement without application, including a decision to make a minor amendment.

s 33 amd 1998 SL No. 343 ss 1213; 2000 SL No. 333 s 10; 2009 Act No. 24 s 1028

34[Repealed]

s 34 om 2009 Act No. 24 s 1029

36[Repealed]

s 36 om 2009 Act No. 24 s 1029

Chapter 2 Controlled drugs

Part 1 Licences

Division 1 Preliminary

40Application of pt 1

This part applies to the following types of licences—
(a)controlled drug manufacturer licences;
(b)controlled drug wholesaler licences.

s 40 amd 1998 SL No. 343 s 12

sub 2000 SL No. 333 s 23

41Licence to state business premises and other particulars

(1)A licence under this chapter applies only to the place stated in the licence as the licensee’s business premises.
(2)The chief executive must not state more than 1 place in the licence as the licensee’s business premises.
(3)For a controlled drug manufacturer licence, the chief executive must also state in the licence—
(a)the controlled drug or drugs the licensee may manufacture under the licence at the premises; and
(b)the title of the position that has responsibility for supervising the manufacture of the controlled drug or drugs at the premises.
(4)For a controlled drug wholesaler licence, the chief executive may state in the licence the controlled drug or drugs the licensee is authorised to sell under the licence.

s 41 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 24

Division 2 Controlled drug manufacturer licence

42Restrictions on grant of controlled drug manufacturer licence

The chief executive may grant a controlled drug manufacturer licence to a person only if the chief executive is reasonably satisfied—
(a)the person—
(i)intends to carry on business as a controlled drug manufacturer; and
(ii)is a suitable person to manufacture and sell controlled drugs; and
(b)an individual who holds the position responsible for supervising the manufacture of the controlled drug or drugs has the qualifications and experience necessary to effectively supervise the manufacture; and
(c)the premises to be used for manufacturing the controlled drug or drugs are suitable for the purpose.

s 42 amd 1998 SL No. 343 s 12

43Controlled drug manufacturer licence

A controlled drug manufacturer—
(a)may manufacture only the controlled drugs stated in the manufacturer’s licence; and
(b)is taken to hold the following licences—
(i)a controlled drug wholesaler licence;
(ii)a restricted drug wholesaler licence;
(iii)a poison wholesaler licence.

s 43 amd 2011 SL No. 4 s 10; 2011 SL No. 306 s 5

44General conditions that apply to controlled drug manufacturer licence

A controlled drug manufacturer—
(a)must not manufacture, have, keep or sell a controlled drug at a place other than the manufacturer’s business premises; and
(b)must ensure each controlled drug manufactured under the manufacturer’s licence is manufactured under the personal supervision of the individual who holds the position named in the licence; and
(c)must ensure a controlled drug at the manufacturer’s business premises is not handled by a person other than the manufacturer or a competent adult employee of the manufacturer.

Maximum penalty—80 penalty units.

45Offence to manufacture controlled drugs without licence

A person must not manufacture a controlled drug unless the person—
(a)holds a controlled drug manufacturer licence for the drug; or
(b)is a State analyst, or a trainee State analyst under the supervision of a State analyst, who manufactures the controlled drug for the analyst’s, or trainee’s, official duties; or
(c)holds an endorsement under section 18(1) to manufacture the controlled drug.

Maximum penalty—80 penalty units.

s 45 amd 1997 SL No. 64 s 4; 2000 SL No. 333 s 25; 2011 SL No. 4 s 11; 2016 SL No. 205 s 3

Division 3 Controlled drug wholesaler licence

46Restrictions on grant of controlled drug wholesaler licence

The chief executive may grant a controlled drug wholesaler licence to a person only if the chief executive is reasonably satisfied—
(a)the person intends to carry on business as a controlled drug wholesaler; and
(b)the person is a suitable person to sell controlled drugs; and
(c)the premises to be used for wholesaling the controlled drugs are suitable for the purpose.

s 46 amd 1998 SL No. 343 s 12

47Controlled drug wholesaler licence

(1)A controlled drug wholesaler may sell a controlled drug (whether or not for resale) to—
(a)an authorised person; or
(b)someone in another State who may obtain the drug under the law of the other State.
(2)Also, a controlled drug wholesaler may sell a controlled drug by wholesale to a person in another country who may lawfully obtain the drug in the other country.
(3)Subsection (2) does not apply to a controlled drug that is a prohibited export under the Customs Act 1901 (Cwlth).

48General conditions that apply to controlled drug wholesaler licence

(1)A controlled drug wholesaler—
(a)must not have, keep or sell a controlled drug at a place other than the wholesaler’s business premises; and
(b)must ensure a controlled drug at the wholesaler’s business premises is not handled by a person other than the wholesaler or a competent adult employee of the wholesaler; and
(c)must not sell a controlled drug to anyone other than someone to whom the wholesaler may sell the drug under this regulation.

Maximum penalty—80 penalty units.

(2)Subject to subsection (3), a controlled drug wholesaler must, in carrying on business under the wholesaler’s licence, comply with the wholesaling practice code.

Maximum penalty—80 penalty units.

Editor’s note—

The code is available from the Therapeutic Goods Administration’s website.
(3)Subsection (2) does not apply to a controlled drug wholesaler to the extent the wholesaler carries on business under the wholesaler’s licence in a way that does not require the wholesaler to store, handle or transport a controlled drug.

s 48 amd 2011 SL No. 4 s 12; 2018 SL No. 21 s 3

49Offence to wholesale controlled drugs without licence

A person must not sell a controlled drug by wholesale unless the person holds a controlled drug manufacturer licence or controlled drug wholesaler licence for the drug.

Maximum penalty—80 penalty units.

s 49 sub 2016 SL No. 205 s 4

Division 4 General

49ALicensee to give invoice when selling controlled drug

(1)A licensee must, when selling a controlled drug to a person, give the person an invoice for the sale of the drug.

Maximum penalty—40 penalty units.

(2)The licensee must ensure the invoice—
(a)has a unique number; and
(b)states—
(i)the date of the sale; and
(ii)the name and address of the person to whom the controlled drug is sold; and
(c)describes the controlled drug and the quantity or volume of the drug sold.

Maximum penalty—40 penalty units.

s 49A ins 1997 SL No. 64 s 5

50Records of transactions to be kept by licensee

(1)A licensee must keep a record of controlled drugs (a controlled drugs register)—
(a)as written entries in a book; or
(b)in an electronic form; or
(c)in another certified way.

Maximum penalty—40 penalty units.

(2)If the controlled drugs register is a book, the licensee must ensure each page of the register—
(a)has a general heading describing the class and measurement unit of the controlled drug recorded on the page; and
(b)is ruled into columns with headings describing the nature of the details to be recorded in each column.

Maximum penalty—40 penalty units.

(2A)If the controlled drugs register is in an electronic form, the licensee must ensure the entries in the register are stored in a computer system that has enough capacity and backup capability for the purpose.

Maximum penalty—40 penalty units.

(3)The licensee must—
(a)use a separate page, or a separate part of the drugs register, for each class of controlled drug; and
(b)enter in the register the following details of each transaction for a controlled drug—
(i)the date of the transaction;
(ii)the name and address of the person who sold the controlled drug to the licensee;
(iii)the name and address of the person to whom the controlled drug was sold;
(iv)the invoice or other number of the transaction;
(v)the quantity or volume of the controlled drug obtained or sold;
(vi)the quantity or volume of the controlled drug in stock after the transaction; and
(c)ensure each transaction is recorded in the order in which it happens.

Maximum penalty—40 penalty units.

(4)A licensee must not make entries about a restricted drug or a poison in the controlled drugs register.

Maximum penalty—40 penalty units.

(5)The licensee must keep the controlled drugs register at the licensee’s business premises.

Maximum penalty—40 penalty units.

(6)If the licensee has more than 1 licence and the licensee’s records are kept on a computer at the licensee’s central or main office, the licensee must keep the records for each licence at the relevant business premises.

Maximum penalty—40 penalty units.

s 50 amd 2000 SL No. 333 s 26; 2004 SL No. 34 s 7

50ADiscrepancy to be immediately reported to chief executive

(1)This section applies if a licensee—
(a)finds a discrepancy between—
(i)the quantity or volume of a class of controlled drug held by the licensee; and
(ii)the balance shown in the licensee’s controlled drugs register for the drug; or
(b)knows, or reasonably suspects, a controlled drug has been lost, misappropriated or stolen.
(2)The licensee must immediately give the chief executive written notice about the discrepancy, loss, misappropriation or theft.

Maximum penalty—40 penalty units.

s 50A ins 2011 SL No. 4 s 13

Part 2 Endorsements

pt hdg sub 2003 SL No. 348 s 4

Division 1 Preliminary

51Endorsement needed for controlled drugs

(1)A person must not have in the person’s possession a controlled drug unless the person is, under this regulation, endorsed to possess the drug.

Maximum penalty—80 penalty units.

(2)A person must not obtain a controlled drug unless the person is, under this regulation, endorsed to obtain the drug.

Maximum penalty—80 penalty units.

(3)A person must not dispense, issue, prescribe, purport to prescribe or sell a controlled drug unless the person is, under this regulation, endorsed to dispense, issue, prescribe or sell the drug.

Maximum penalty—80 penalty units.

(4)A person must not administer a controlled drug to someone else unless the person is, under this regulation, endorsed to administer the drug to the other person.

Maximum penalty—80 penalty units.

(5)A person who may, under an endorsement, administer, dispense, issue, obtain, possess, prescribe or sell a controlled drug, or write a written instruction or give an oral instruction for a controlled drug, must not destroy a controlled drug unless the person is endorsed to destroy the drug.

Maximum penalty—80 penalty units.

(6)A person must not write a written instruction or give an oral instruction for a controlled drug unless the person is endorsed to write the written instruction or give the oral instruction.

Maximum penalty—80 penalty units.

(7)Subsection (8) applies to a person who may only administer, destroy, dispense, issue, obtain, possess, prescribe or sell a controlled drug, or write a written instruction or give an oral instruction for a controlled drug, at a stated place or under stated conditions.
(8)The person must not administer, destroy, dispense, issue, obtain, possess, prescribe or sell the drug or write a written instruction or give an oral instruction for the drug at another place or in contravention of the conditions.

Maximum penalty—80 penalty units.

s 51 amd 1998 SL No. 149 s 10

sub 2000 SL No. 333 s 27

amd 2011 SL No. 4 s 14; 2011 SL No. 306 s 6

Division 2 Particular authorities

52Anaesthetic assistants and enrolled nurses

(1)Subsection (2) applies to the following persons—
(a)an anaesthetic assistant holding a qualification acceptable to the Australian and New Zealand College of Anaesthetists;
(b)an enrolled nurse.
(2)The anaesthetic assistant or enrolled nurse is authorised to possess, under the written instruction of a doctor administering anaesthesia, a controlled drug at a hospital when preparing for, and during, anaesthetic procedures.
(3)Subsection (4) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as an anaesthetic assistant.
(4)To the extent necessary to undergo the course of training, the trainee is authorised to possess a controlled drug, only if the trainee possesses the drug—
(a)at a hospital, when preparing for, or during, an anaesthetic procedure; and
(b)under the written instruction of a doctor administering anaesthesia; and
(c)under the direction and personal supervision of an anaesthetic assistant mentioned in subsection (1)(a).

s 52 amd 1997 SL No. 64 s 6; 1999 SL No. 258 s 4; 2003 SL No. 348 s 5

54Bases and outposts of Royal Flying Doctor Service

(1)The person in charge of a base of the Royal Flying Doctor Service of Australia is authorised to—
(a)obtain a controlled drug that a doctor employed by the service considers necessary; or
(b)possess a controlled drug obtained under paragraph (a).
(2)The person in charge of an outpost of the Royal Flying Doctor Service of Australia is authorised to—
(a)possess a controlled drug that a doctor employed by the service considers necessary; or
(b)administer or supply a controlled drug at the outpost under a doctor’s oral or written instruction.

s 54 amd 2004 SL No. 291 s 4

55Carriers

(1)To the extent necessary to transport and deliver a controlled drug, the following persons are authorised to possess a controlled drug—
(a)a person engaged by an authorised person to transport and deliver the controlled drug;
(b)an adult acting for a person engaged by an authorised person to transport and deliver the controlled drug.
(2)In this section—
authorised person means a person who is authorised under this regulation to dispense, issue, sell or supply the controlled drug.

s 55 amd 2015 SL No. 154 s 4

56Dentists

(1)To the extent necessary to practise dentistry, a dentist is authorised to—
(a)obtain codeine, morphine, oxycodone, papaveretum, pentazocine or pethidine; or
(b)possess codeine, morphine, oxycodone, papaveretum, pentazocine or pethidine at the place where the dentist practises dentistry; or
(c)administer codeine, morphine, oxycodone, papaveretum, pentazocine or pethidine to a person while treating the person; or
(d)prescribe not more than 3 days supply of codeine or pentazocine for a person’s dental treatment; or
(e)give someone who may administer a controlled drug an oral or written instruction to administer codeine, morphine, oxycodone, papaveretum, pentazocine or pethidine at the place where the dentist practises dentistry.
(2)Also, to the extent necessary to practise dentistry, a dentist who has successfully completed a certified course of training relating to the use of fentanyl is authorised to—
(a)obtain fentanyl; or
(b)possess fentanyl at the place where the dentist practises dentistry; or
(c)administer fentanyl to a person while treating the person.
(3)Subsection (4) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise dentistry.
(4)To the extent necessary to undergo the course of training, the trainee is authorised to—
(a)possess codeine, morphine, oxycodone, papaveretum, pentazocine or pethidine under a dentist’s direction at the place where the dentist practises dentistry; or
(b)administer codeine, morphine, oxycodone, papaveretum, pentazocine or pethidine, under a dentist’s personal supervision, while the dentist is treating a person.

s 56 amd 1997 SL No. 64 s 7; 2000 SL No. 333 s 29; 2003 SL No. 348 s 6

57Detention centres

(1)The manager of a detention centre is authorised to—
(a)obtain a controlled drug for use at the detention centre on a purchase order complying with part 5; or
(b)possess a controlled drug at the detention centre; or
(c)issue a controlled drug to an authorised person who may administer or supply it for the treatment of a child detained at the detention centre.
(2)A detention centre’s director of nursing or medical superintendent, or the pharmacist in charge of a detention centre’s dispensary, is authorised to—
(a)obtain a controlled drug for use at the detention centre on a purchase order complying with part 5; or
(b)possess a controlled drug at the detention centre; or
(c)issue a controlled drug to an authorised person who may administer or supply it for the treatment of a child detained at the detention centre.

58Doctors

(1)To the extent necessary to practise medicine, a doctor is authorised to—
(a)obtain a controlled drug; or
(b)possess a controlled drug at a place occupied by the doctor; or
(c)if the doctor is reasonably satisfied a person the doctor is treating needs a controlled drug for a therapeutic use as part of the person’s medical treatment—
(i)administer the drug to the person; or
(ii)dispense or prescribe the drug to or for the person; or
(iii)supply the drug to or for the person; or
(iv)obtain the drug for the person; or
(d)give someone who may administer or supply a controlled drug an oral or written instruction to administer or supply the drug.
(2)A doctor is authorised to obtain, possess or use a controlled drug, other than a regulated controlled drug, for a genuine research or teaching purpose.

s 58 amd 2011 SL No. 4 s 16

58AEnrolled nurses

(1)To the extent necessary to practise nursing, an enrolled nurse is authorised to—
(a)possess a controlled drug at the place where the enrolled nurse practises nursing; or
(b)administer a controlled drug, other than an anaesthetic—
(i)on the written instruction of a dentist, doctor, nurse practitioner, physician’s assistant or surgical podiatrist; and
(ii)under the supervision of a dentist, doctor or registered nurse; or
(c)administer a controlled drug to a person for whom it has been dispensed and under the supervision of a dentist, doctor or registered nurse.
(2)Subsection (1) does not apply if the registration of the enrolled nurse under the Health Practitioner Regulation National Law is subject to a condition that the enrolled nurse is not qualified to administer controlled drugs.
(3)Subsection (4) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as an enrolled nurse.
(4)To the extent necessary to undergo the course of training, the trainee is authorised to—
(a)possess a controlled drug under the direction of a registered nurse at the place where the registered nurse practises nursing; or
(b)administer a controlled drug, other than an anaesthetic—
(i)on the written instruction of a dentist, doctor, nurse practitioner or physician’s assistant; and
(ii)under the personal supervision of a dentist, doctor or registered nurse; or
(c)administer a controlled drug to a person for whom it has been dispensed and under the personal supervision of a dentist, doctor or registered nurse.

s 58A ins 2006 SL No. 91 s 5

amd 2006 SL No. 308 s 3; 2008 SL No. 422 s 3; 2010 SL No. 108 s 25

58BHospital pharmaceutical assistants

To the extent necessary to perform the person’s pharmaceutical imprest duties in a hospital, a hospital pharmaceutical assistant acting under the supervision of a pharmacist, is authorised to—
(a)possess a controlled drug at the hospital; or
(b)issue a controlled drug to an authorised person for treatment of the hospital’s patients.

s 58B ins 2006 SL No. 91 s 5

amd 2011 SL No. 4 s 17

59Hospitals

(1)The persons authorised to do an authorised thing at a hospital are—
(a)the medical superintendent of the hospital; and
(b)a doctor nominated by the medical superintendent; and
(c)if there is a pharmacist in charge of the hospital’s dispensary—
(i)the pharmacist in charge; and
(ii)a pharmacist nominated in writing by the pharmacist in charge.
(2)Subsection (3) applies if none of the persons mentioned in subsection (1) are present at the hospital.
(3)The director of nursing of the hospital is authorised to do an authorised thing.
(4)If subsection (2) applies and the director of nursing is not present at the hospital, the registered nurse in charge of the hospital is authorised to do an authorised thing.
(5)In this section—
do an authorised thing, at a hospital, means—
(a)obtain a controlled drug for use at the hospital; or
(b)possess a controlled drug at the hospital; or
(c)issue a controlled drug for treatment of the hospital’s patients.

s 59 sub 2011 SL No. 4 s 18

amd 2012 SL No. 208 s 11

59AIndigenous health workers

An indigenous health worker, while practising in an Aboriginal or Torres Strait Islander community in an isolated practice area in a specified Hospital and Health Service, is authorised—
(a)to obtain and possess a controlled drug; or
(b)to administer a controlled drug, under the indigenous health worker isolated practice area DTP, on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant.

s 59A ins 1999 SL No. 8 s 3

amd 2000 SL No. 333 s 30; 2001 SL No. 205 s 8; 2004 SL No. 291 s 5; 2008 SL No. 422 s 4; 2012 SL No. 90 s 41 sch; 2016 SL No. 17 s 8

60Inspectors

To the extent necessary to perform an inspector’s official duties, an inspector is authorised—
(a)to obtain a controlled drug; or
(b)to possess a controlled drug; or
(c)in a disaster or emergency situation—to destroy a controlled drug.

61Manufacturer or wholesaler of controlled drugs

(1)A controlled drug manufacturer is authorised to—
(a)obtain a controlled drug (an ingredient drug) for manufacturing a different controlled drug stated in the manufacturer’s licence; or
(b)possess an ingredient drug at the manufacturer’s business premises.
(2)A controlled drug wholesaler is authorised to—
(a)obtain a controlled drug; or
(b)possess a controlled drug at the wholesaler’s business premises.
(3)An adult employee of a controlled drug manufacturer or wholesaler is authorised to possess a controlled drug at the manufacturer’s or wholesaler’s business premises if—
(a)the drug is packed in the way required under chapter 1, part 4; and
(b)the employee is acting within the scope of the employment; and
(c)the possession is reasonably necessary for the employee to deliver the drug to an authorised person under a lawful transaction between the employer and the authorised person.

s 61 amd1998 SL No. 149 s 11

62Midwives

To the extent necessary to practise midwifery, a midwife is authorised to—
(a)obtain a controlled drug; and
(b)possess a controlled drug at the place where the person practises midwifery; and
(c)administer a controlled drug to the person for whom it has been dispensed under the instructions stated by the dispenser; and
(d)administer or supply a controlled drug—
(i)on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant; or
(ii)under the midwives DTP.

s 62 amd 1997 SL No. 64 s 8; 2004 SL No. 291 s 6

sub 2007 SL No. 143 s 7

amd 2008 SL No. 422 s 5; 2016 SL No. 17 s 9

63Nursing homes

(1)This section applies to the following persons—
(a)a nursing home’s director of nursing or medical superintendent;
(b)the registered nurse in charge of a nursing home;
(c)the pharmacist in charge of a nursing home’s dispensary.
(2)A person to whom this section applies is authorised to—
(a)obtain a controlled drug for use at the nursing home on a purchase order complying with part 5; or
(b)possess a controlled drug at the nursing home; or
(c)issue a controlled drug to an authorised person who may administer or supply it for the treatment of a resident of the nursing home.

s 63 amd 1997 SL No. 64 s 9

64Pharmacists

(1)To the extent necessary to practise pharmacy, a pharmacist is authorised to—
(a)obtain a controlled drug; or
(b)dispense a controlled drug; or
(c)sell a controlled drug (other than by wholesale) on a purchase order; or
(d)possess a controlled drug at a dispensary, an institution or another place at which the pharmacist administers or supplies a controlled drug under paragraph (f); or
(e)for a pharmacist practising pharmacy at a public sector hospital—supply a controlled drug, on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant, to a person being discharged from the hospital or an outpatient of the hospital; or
(f)administer or supply a controlled drug, under the pharmacist opioid DTP, on the oral or written instruction of a doctor who holds a treatment approval or an oral approval under section 122(6).
(2)A pharmacist is authorised to obtain, possess or use a controlled drug, other than a regulated controlled drug, for a genuine research or teaching purpose.
(3)A trainee pharmacist is authorised to do, under a pharmacist’s direction and personal supervision, anything a pharmacist is authorised to do under subsection (1).

s 64 amd 1997 SL No. 64 s 10; 1998 SL No. 149 s 12; 1999 SL No. 258 s 5; 2000 SL No. 333 s 31; 2001 SL No. 205 s 9; 2001 SL No. 267 s 14 sch 4; 2003 SL No. 255 s 5; 2003 SL No. 348 s 7; 2004 SL No. 291 s 7; 2005 SL No. 314 s 4; 2008 SL No. 422 s 6; 2011 SL No. 4 s 19; 2016 SL No. 17 s 10

64AAPhysician’s assistants

To the extent necessary to perform duties under a practice plan developed for a physician’s assistant, the physician’s assistant acting under the supervision of his or her supervising medical officer is authorised to—
(a)possess a controlled drug at the place where the physician’s assistant practices; or
(b)administer, prescribe or supply a controlled drug; or
(c)give someone who may administer or supply a controlled drug an oral or written instruction to administer or supply the drug.

s 64AA ins 2008 SL No. 422 s 7

64ASurgical podiatrists

(1)To the extent necessary to practise podiatry, a surgical podiatrist is authorised to—
(a)prescribe oxycodone (in short-acting form) as an oral preparation; or
(b)give someone, who may administer oxycodone (in short-acting form), a written instruction to administer the drug as an oral preparation.
(2)A surgical podiatrist must not prescribe or give a written instruction to administer more than 10 doses of 5mg each to a person for a relevant condition.

s 64A ins 2006 SL No. 308 s 4

65Prisons

(1)The general manager of a prison is authorised to—
(a)obtain a controlled drug for use at the prison on a purchase order complying with part 5; or
(b)possess a controlled drug at the prison; or
(c)issue a controlled drug to an authorised person who may administer or supply it for the treatment of a prisoner at the prison.
(2)A prison’s director of nursing or medical superintendent, or the pharmacist in charge of a prison’s dispensary, is authorised to—
(a)obtain a controlled drug for use at the prison on a purchase order complying with part 5; or
(b)possess a controlled drug at the prison; or
(c)issue a controlled drug to an authorised person who may administer or supply it for the treatment of a prisoner at the prison.

66Queensland Ambulance Service

(1)To the extent necessary for performing ambulance duties for the Queensland Ambulance Service, an ambulance officer mentioned in appendix 2A, part 1, column 2 is authorised to obtain, possess or administer, under a clinical practice protocol approved by the Queensland Ambulance Service, a controlled drug set out opposite in appendix 2A, part 1, column 1.
(2)However, an ambulance officer who is a paramedic 3 (ECP) may administer a controlled drug to a person only if the officer—
(a)is working in an ECP area; and
(b)is acting on a doctor’s oral or written instruction to administer the drug to a person.
(3)An ambulance officer who is undergoing a certified course of training, upon the successful completion of which the officer would be authorised to obtain, possess or administer a controlled drug mentioned in appendix 2A, part 1, column 1, is authorised to administer the controlled drug to a person under the supervision of someone who—
(a)has completed the training; and
(b)is—
(i)acting under a clinical practice protocol approved by the Queensland Ambulance Service; and
(ii)working in an ECP area and acting on a doctor’s oral or written instruction if required by subsection (2).
(4)To the extent necessary to perform ambulance duties for the Queensland Ambulance Service, an isolated practice area paramedic at an isolated practice area (paramedics) is authorised to—
(a)obtain a controlled drug; or
(b)possess a controlled drug at a place in the isolated practice area (paramedics); or
(c)administer or supply a controlled drug to a person—
(i)on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant; or
(ii)under the isolated practice area paramedic DTP.

s 66 amd 1997 SL No. 64 s 11

sub 2000 SL No. 333 s 32

amd 2007 SL No. 333 s 3; 2008 SL No. 422 s 8; 2016 SL No. 17 s 11

67Registered nurses

(1)To the extent necessary to practise nursing, a registered nurse is authorised to—
(a)possess a controlled drug at a place where he or she practises nursing; or
(b)administer a controlled drug—
(i)on the oral or written instruction of a dentist, doctor, nurse practitioner or physician’s assistant; or
(ii)on the written instruction of a surgical podiatrist; or
(iii)to the person for whom it has been dispensed under the instructions stated by the dispenser.
(2)To the extent necessary to practise nursing in a rural hospital or an isolated practice area, a rural and isolated practice area endorsed nurse is authorised to—
(a)obtain a controlled drug; or
(b)supply a controlled drug to a person—
(i)on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant; or
(ii)under the rural and isolated practice area endorsed nurse DTP; or
(c)administer a controlled drug to a person under the rural and isolated practice area endorsed nurse DTP.
(3)To the extent necessary to practise nursing at a hospital within an isolated practice area, a registered nurse is authorised to supply a controlled drug, on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant, to a person being discharged from the hospital or to an outpatient of the hospital.
(4)To the extent necessary to practise nursing, a nurse practitioner is authorised to—
(a)obtain a controlled drug; or
(b)under the nurse practitioner DTP—
(i)administer, supply or prescribe a controlled drug; or
(ii)give a registered nurse or midwife an oral or written instruction to administer a controlled drug; or
(iii)give an indigenous health worker an oral or written instruction to administer a controlled drug; or
(iv)give a rural and isolated practice area endorsed nurse an oral or written instruction to administer or supply a controlled drug; or
(v)for subsection (3), give a registered nurse an oral or written instruction to supply a controlled drug; or
(vi)give a pharmacist an oral or written instruction to supply a controlled drug; or
(vii)give an isolated practice area paramedic an oral or written instruction to administer or supply a controlled drug.

s 67 amd 1997 SL No. 64 s 12; 1997 SL No. 323 s 4; 1998 SL No. 259 s 3; 1999 SL No. 8 s 4; 2000 SL No. 333 s 33; 2001 SL No. 205 s 10; 2004 SL No. 291 s 8; 2005 SL No. 314 s 5; 2006 SL No. 308 s 5; 2007 SL No. 333 s 4; 2008 SL No. 422 s 9; 2010 SL No. 108 s 26; 2016 SL No. 17 s 12

68Certain registered nurses at rural hospitals

(1)To the extent necessary to practise nursing at a rural hospital, the following persons are authorised to supply a controlled drug, on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant, to a person being discharged from the hospital or an outpatient of the hospital—
(a)the hospital’s director of nursing;
(b)a registered nurse nominated by the hospital’s director of nursing.
(2)However, subsection (1) applies only if—
(a)the hospital does not employ a pharmacist; or
(b)if the hospital employs a pharmacist—the pharmacist is absent from the hospital at the time the controlled drug is supplied.

s 68 sub 1997 SL No. 64 s 13

amd 2001 SL No. 205 s 11; 2004 SL No. 291 s 9; 2008 SL No. 422 s 10

69Ship’s master

(1)The master of a ship in the State is authorised to obtain a controlled drug for use on the ship, or possess a controlled drug on the ship, to the extent necessary to comply with the Navigation Act 2012 (Cwlth), the domestic commercial vessel national law or the Transport Operations (Marine Safety) Act 1994.
(2)Otherwise, the master of a ship in the State is authorised to obtain, possess or administer a controlled drug, only if—
(a)for obtaining a controlled drug—
(i)the purchase order for the drug is signed by a doctor; and
(ii)the drug is obtained for use on the ship; or
(b)for possessing a controlled drug—the drug is possessed for use on the ship; or
(c)for administering a controlled drug—the drug is administered on the ship—
(i)for the treatment of a person in an emergency; and
(ii)on a doctor’s oral or written instruction.

s 69 sub 2003 SL No. 348 s 8

amd 2016 SL No. 154 s 253 sch 10

70State analysts

(1)To the extent necessary to perform a State analyst’s official duties, a State analyst is authorised to—
(a)obtain or manufacture a controlled drug; or
(b)possess a controlled drug at the place where the analyst is performing official duties; or
(c)use a controlled drug for official purposes or destroy it.
(2)A trainee State analyst under the personal supervision of a State analyst is authorised to—
(a)obtain or manufacture a controlled drug; or
(b)possess a controlled drug at the place where the trainee is performing official duties; or
(c)use a controlled drug for official purposes or destroy it.

s 70 amd 2011 SL No. 4 s 20

70AAState forensic and scientific service facilities

(1)To the extent necessary to perform the person’s official duties, the person in charge of a forensic and scientific facility operated by the State is authorised to—
(a)possess a controlled drug; or
(b)destroy a controlled drug.
(2)The person in charge may delegate the authority to an appropriately qualified officer of the department.
(3)In this section—
appropriately qualified, for an officer of the department, includes having the qualifications, experience or standing appropriate to the exercise of the authority.

s 70AA ins 2011 SL No. 4 s 21

70ATrainees in certain occupations

(1)This section applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to carry out a relevant occupation.
(2)To the extent necessary to undergo the course of training, the trainee is authorised to—
(a)possess a controlled drug under the direction of an authorised person carrying out the relevant occupation; or
(b)administer a controlled drug under the personal supervision of an authorised person carrying out the relevant occupation.
(3)However, a trainee may only possess or administer a controlled drug under subsection (2), if—
(a)the authorised person is authorised under this regulation to possess or administer the drug; and
(b)the trainee possesses or administers the drug under the conditions (if any) that would apply to the possession or administration of the drug by the authorised person.
(4)In this section—
relevant occupation means an occupation as a doctor, indigenous health worker, midwife, registered nurse, or veterinary surgeon.

s 70A ins 2003 SL No. 348 s 9

71Veterinary surgeons

(1)To the extent necessary to practise veterinary medicine, a veterinary surgeon is authorised to—
(a)obtain a controlled drug; or
(b)possess a controlled drug at a place occupied by the veterinary surgeon; or
(c)if the veterinary surgeon is reasonably satisfied that an animal the veterinary surgeon is treating needs a controlled drug for a therapeutic use as part of the animal’s medical treatment—
(i)administer the drug to the animal; or
(ii)dispense or prescribe the drug for the animal; or
(iii)obtain the drug for the animal; or
(iv)sell a controlled drug to a person for the person’s animal.
(2)A veterinary surgeon is authorised to obtain, possess or use a controlled drug, other than a regulated controlled drug, for a genuine research or teaching purpose.

s 71 amd 2011 SL No. 4 s 22

72Watch house keepers etc.

To the extent necessary for ensuring a person detained at a watch house or police establishment receives a controlled drug lawfully prescribed or supplied for the person as a dispensed medicine, the watch house keeper, or the person performing the duties of watch house keeper at a police establishment, is authorised to—
(a)possess the controlled drug at the watch house or police establishment; or
(b)supply the controlled drug to the person for whom it was prescribed or supplied under the directions stated on the label attached to the medicine’s container.

Division 3 General

74When endorsement is not needed

(1)A person does not need an endorsement under this regulation merely to deliver a controlled drug to a person for whom it has been dispensed, or the person’s agent.
(2)A person (a carer) does not need an endorsement under this regulation to help another person (an assisted person) to take a controlled drug that has been supplied for the assisted person as a dispensed medicine, if—
(a)the assisted person asks for the carer’s help to take the dispensed medicine; and
(b)the carer helps the assisted person to take the dispensed medicine under the directions on the label attached to the dispensed medicine’s container.
(3)A person does not need an endorsement to administer, dispense, issue, manufacture, obtain, possess, prescribe, supply or use a controlled drug for an approved clinical trial.

s 74 amd 2000 SL No. 333 s 35; 2003 SL No. 348 s 10; 2011 SL No. 4 s 23; 2015 SL No. 176 s 3

75[Repealed]

s 75 om 1998 SL No. 149 s 13

76[Repealed]

s 76 om 1998 SL No. 149 s 13

Part 3 Regulated controlled drugs

78Specified condition drugs—amphetamine, dexamphetamine, lisdexamfetamine, methylamphetamine, methylphenidate

(1)Subject to section 74(3), a person must not dispense, obtain, prescribe, sell or use a specified condition drug unless the person—
(a)dispenses, obtains, prescribes, sells or uses the specified condition drug under an approval; or
(b)is a doctor and dispenses, obtains or prescribes the specified condition drug for the treatment of—
(i)narcolepsy; or
(ii)brain damage in a child at least 4 years; or
(iii)attention deficit disorder in a child at least 4 years; or
(c)is a paediatrician or psychiatrist and prescribes the specified condition drug for the treatment of brain damage or attention deficit disorder in a child.

Maximum penalty—80 penalty units.

(2)The chief executive may give an approval mentioned in subsection (1)(a) only to—
(a)a doctor; or
(b)a person who satisfies the chief executive that the specified condition drug is to be used for a genuine analytical or research purpose.
(3)In this section—
specified condition drug means the following controlled drugs—
(a)amphetamine;
(b)dexamphetamine;
(c)lisdexamfetamine;
(d)methylamphetamine;
(e)methylphenidate.

s 78 amd 1997 SL No. 64 s 15; 1998 SL No. 149 s 14; 1998 SL No. 343 s 12; 1999 SL No. 258 s 6; 1999 SL No. 326 s 3; 2010 SL No. 108 s 27; 2011 SL No. 4 s 25; 2014 SL No. 81 s 3; 2018 SL No. 21 s 4

78AApproved drug–nabiximols

(1)Subject to section 74(3), a person must not dispense, prescribe, supply or use nabiximols unless—
(a)the person is a compliant doctor and dispenses, prescribes, supplies or uses the drug under an approval; or
(b)the person—
(i)is a compliant specialist medical practitioner; and
(ii)dispenses, prescribes, supplies or uses the drug to treat a prescribed patient.

Maximum penalty—80 penalty units.

(2)In this section, a reference to a specialist medical practitioner includes a registrar working under the direction of a specialist medical practitioner.
(3)In this section—
chronic non-cancer pain means pain, persisting more than 3 months, that is not associated with cancer.
compliant, in relation to a doctor, means—
(a)the doctor’s endorsement, under section 58, has not been suspended or cancelled; and
(b)the doctor maintains a current registration (the registration), as a medical practitioner, under the Health Practitioner Regulation National Law; and
(c)the registration is not subject to a condition or undertaking prohibiting the doctor from performing an act that—
(i)is mentioned in subsection (1); or
(ii)otherwise involves a controlled drug.
prescribed patient means—
(a)a person experiencing chemotherapy-induced nausea or vomiting; or
(b)a terminally ill person being treated by a compliant palliative medicine specialist for symptoms associated with terminal illness; or
(c)a child with intractable (drug resistant) epilepsy; or
(d)a person with multiple sclerosis experiencing spasticity; or
(e)a person experiencing chronic non-cancer pain.
terminally ill person means a person who—
(a)has a terminal illness; and
(b)is, in the opinion of a compliant palliative medicine specialist treating the person, reasonably expected to die within 1 year as a result of the terminal illness.

s 78A ins 2015 SL No. 154 s 5

sub 2018 SL No. 21 s 5

amd 2018 SL No. 133 s 3

78BExemptions for some acts involving regulated controlled drugs

This part does not prevent—
(a)a person dispensing a regulated controlled drug on a lawful prescription written by someone who may prescribe the drug; or
(b)a controlled drug manufacturer or wholesaler selling a regulated controlled drug; or
(c)a person under medical treatment who is lawfully supplied with a regulated controlled drug using the drug in the way directed.

s 78B prev s 78B ins 2016 SL No. 67 s 4

amd 2016 SL No. 205 s 5

exp 1 March 2017 (see s 78P(a))

pres s 78B ins 2018 SL No. 21 s 5

amd 2018 SL No. 133 s 4

Part 3A [Repealed]

pt hdg ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

Division 1 [Repealed]

div hdg ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78C [Repealed]

s 78C ins 2016 SL No. 67 s 4

amd 2016 SL No. 205 s 6

exp 1 March 2017 (see s 78P(a))

78D[Repealed]

s 78D ins 2016 SL No. 67 s 4

amd 2016 SL No. 205 s 7

exp 1 March 2017 (see s 78P(a))

Division 2 [Repealed]

div hdg ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78E[Repealed]

s 78E ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

Division 3 [Repealed]

div hdg ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78F[Repealed]

s 78F ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78G[Repealed]

s 78G ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78GA [Repealed]

s 78GA ins 2016 SL No. 205 s 8

exp 1 March 2017 (see s 78P(a))

78GB [Repealed]

s 78GB ins 2016 SL No. 205 s 8

exp 1 March 2017 (see s 78P(a))

78GC [Repealed]

s 78GC ins 2016 SL No. 205 s 8

exp 1 March 2017 (see s 78P(a))

78H[Repealed]

s 78H ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78I[Repealed]

s 78I ins 2016 SL No. 67 s 4

amd 2016 SL No. 205 s 9

exp 1 March 2017 (see s 78P(a))

78IA [Repealed]

s 78IA ins 2016 SL No. 205 s 10

exp 1 March 2017 (see s 78P(a))

78J[Repealed]

s 78J ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78K[Repealed]

s 78K ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

Division 4 [Repealed]

div hdg ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78L[Repealed]

s 78L ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78M[Repealed]

s 78M ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78N[Repealed]

s 78N ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78O[Repealed]

s 78O ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

Division 5 [Repealed]

div hdg ins 2016 SL No. 67 s 4

exp 1 March 2017 (see s 78P(a))

78P[Repealed]

s 78P ins 2016 SL No. 67 s 4

amd 2016 SL No. 205 s 11

exp 1 March 2017 (see s 78P(a))

Part 4 Prescribing and dispensing controlled drugs

pt hdg sub 1998 SL No. 149 s 15

Division 1 Prescribing controlled drugs

79Prescribing controlled drugs

(1)A prescriber must not prescribe a controlled drug unless the prescription is made in a way that complies with this section.

Maximum penalty—60 penalty units.

(2)Subject to subsection (3), a prescription for a controlled drug must not prescribe more than 1 item.
(3)A prescription for a controlled drug may prescribe more than 1 item if each item is for the same controlled drug, including different forms of the drug.
(4)The following particulars must appear on the front of a paper prescription or in an electronic prescription—
(a)the prescriber’s name, professional qualifications and address;
(b)the date it is made;
(c)if the controlled drug is for human use—the name, address and date of birth of the person for whose use it is prescribed;
(d)if the controlled drug is for an animal—the name and address of the animal’s owner;
(e)the description of the controlled drug or the name of the preparation and the quantity or volume (in words and figures) of the drug or preparation;
(f)adequate directions about the use of the controlled drug;
(g)the dose to be taken or administered and if more than 1 item is prescribed the dose to be taken or administered for each item;
(h)if a doctor, nurse practitioner or physician’s assistant prescribes a dose that is more than the official dose—
(i)for a paper prescription—a direction, to dispense the higher dose, that is underlined and initialled by the doctor, nurse practitioner or physician’s assistant; or
(ii)for an electronic prescription—an indication that the prescription is for a dose that is more than the official dose;
(i)if a doctor, nurse practitioner, physician’s assistant or veterinary surgeon intends that the controlled drug be dispensed more than once—a direction stating—
(i)the number of times (after the first) the drug may be dispensed; and
(ii)the time that must elapse between each dispensing of the drug;
(j)if the controlled drug is dronabinol—‘Approved’;
(k)if the controlled drug is amphetamine, dexamphetamine, lisdexamfetamine, methylamphetamine or methylphenidate—‘Specified condition’;
(l)if the prescriber is a veterinary surgeon—‘For animal treatment only’;
(m)if the prescriber is a dentist—‘For dental treatment only’;
(n)if the prescriber is a surgical podiatrist—‘For treatment of foot conditions only’.
(5)All particulars on a paper prescription (other than the prescriber’s name, professional qualifications and address) must be handwritten.
(6)However, a paper prescription may be generated—
(a)by a computer if the way the prescription is generated complies with appendix 4 of this regulation; or
(b)in another certified way.
(7)The prescriber must sign a paper prescription or electronically sign an electronic prescription.
(8)If the prescriber amends a prescription—
(a)for a paper prescription—the prescriber must initial and date the amendment; or
(b)for an electronic prescription—the prescriber must make the amendment in the approved way.
(9)If a prescription prescribes more than 1 item—
(a)the items must be numbered consecutively; and
(b)a line must be ruled under the last item.
(10)In this section—
approved way means the way approved by the chief executive.

s 79 amd 1998 SL No. 149 s 16; 1999 SL No. 258 s 7; 2000 SL No. 333 s 36; 2003 SL No. 348 s 11; 2005 SL No. 314 s 6; 2006 SL No. 308 s 6; 2007 SL No. 18 s 11; 2008 SL No. 422 s 11; 2014 SL No. 81 s 4

80Restrictions on making prescriptions

(1)A prescriber must not make an entry in a prescription in code unless the code is certified.

Maximum penalty—40 penalty units.

(2)A veterinary surgeon must not make a repeat prescription for a controlled drug authorising a dispenser to dispense the drug under the prescription more than twice.

Maximum penalty—60 penalty units.

(3)A dentist must not—
(a)make a repeat prescription for a controlled drug; or
(b)make a prescription for more than the official dose.

Maximum penalty—60 penalty units.

s 80 amd 2000 SL No. 333 s 37; 2007 SL No. 18 s 12; 2011 SL No. 4 s 26

81Oral prescription

(1)A prescriber may give a dispenser an oral prescription for a controlled drug the prescriber is endorsed to prescribe.
(2)Within 24 hours after giving the oral prescription, the prescriber must ensure a paper prescription for the drug is sent by facsimile transmission to the dispenser.

Maximum penalty—20 penalty units.

(3)Within 7 days after giving the oral prescription, the prescriber must send a paper prescription by post or by hand or send an electronic prescription for the drug to the dispenser.

Maximum penalty—40 penalty units.

(4)If the dispenser does not receive a paper or electronic prescription for the drug from the prescriber within 14 days after being given the oral prescription, the dispenser must immediately give a written report about the circumstances to the chief executive.

Maximum penalty—20 penalty units.

s 81 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 38; 2005 SL No. 314 s 7; 2007 SL No. 18 s 13; 2008 SL No. 422 s 12

sub 2010 SL No. 113 s 3

81AAFaxed prescription

(1)A prescriber may give a dispenser a faxed prescription for a controlled drug the prescriber is endorsed to prescribe.
(2)Within 24 hours after giving the faxed prescription, the prescriber must telephone the dispenser and confirm the details of the faxed prescription.

Maximum penalty—20 penalty units.

(3)Within 7 days after giving the faxed prescription, the prescriber must send a paper prescription by post or by hand or send an electronic prescription for the drug to the dispenser.

Maximum penalty—40 penalty units.

(4)If the dispenser does not receive a paper or electronic prescription for the drug from the prescriber within 14 days after being given the faxed prescription, the dispenser must immediately give a written report about the circumstances to the chief executive.

Maximum penalty—20 penalty units.

(5)In this section—
faxed prescription means a paper prescription, that complies with this division, sent by facsimile transmission.

s 81AA ins 2010 SL No. 113 s 3

Division 2 Dispensing controlled drugs

81AQuality standard for dispensing controlled drugs

A pharmacist must not dispense a controlled drug unless the pharmacist—
(a)has prepared or adopted a quality standard for dispensing controlled drugs; and
(b)in dispensing the controlled drug, complies with the quality standard.

Maximum penalty—60 penalty units.

s 81A ins 2006 SL No. 91 s 6

82Conditions of dispensing

(1)A dispenser must not dispense a controlled drug unless—
(a)the drug is dispensed on a prescription that complies with division 1; and
(b)if the prescription is an electronic prescription, the prescription is sent by the prescriber and received by the dispenser by electronic means approved by the chief executive; and
(c)the drug dispensed—
(i)conforms with the prescription; or
(ii)is dispensed under section 83.

Maximum penalty—60 penalty units.

(2)Also, a dispenser must not dispense a controlled drug on a prescription if—
(a)the dispenser knows, or ought reasonably to know, the prescription was obtained because of false information given to the prescriber; or
(b)it is wholly or partly defaced, illegible or obliterated; or
(c)it appears to the dispenser to have been changed by someone other than the prescriber; or
(d)it includes an indication that it has been dispensed or is not to be dispensed; or
(e)it appears to the dispenser to be false in any particular; or
(f)it appears to have been prescribed more than 6 months before the date it is presented to the dispenser; or
(g)if the prescription is for the controlled drug dronabinol or nabiximols—it does not have ‘Approved’ on it; or
(h)if the prescription is for the controlled drug amphetamine, dexamphetamine, lisdexamfetamine, methylamphetamine or methylphenidate—it does not have ‘Specified condition’ on it.

Maximum penalty—60 penalty units.

(2A)Also, a dispenser must not dispense a controlled drug on a computer-generated paper prescription that has been changed unless the dispenser first contacts the prescriber to check the change is correct.

Maximum penalty—60 penalty units.

(3)Further, a dispenser must not dispense a controlled drug—
(a)more than the number of times stated by a valid repeat direction; or
(b)before the time stated on the prescription that must elapse between each dispensing of the drug.

Maximum penalty—60 penalty units.

(4)If a dispenser reasonably believes a prescription is false in any particular, the dispenser must—
(a)keep the prescription for the time reasonably necessary to enable the dispenser to find out if it is genuine; and
(b)make reasonable inquiries to establish the name and address of the person who gave it to the dispenser.
(5)Subsection (6) applies to a dispenser in relation to a prescription if—
(a)the dispenser is reasonably satisfied the prescription does not comply with division 1; or
(b)under subsection (2), the dispenser does not dispense a controlled drug on the prescription; or
(c)after checking under subsection (2A), the dispenser is reasonably satisfied a change to the prescription is incorrect.
(6)The dispenser must—
(a)cancel the prescription by legibly and permanently indicating on a paper prescription, or entering in an electronic prescription, the following information—
(i)the prescription is not to be dispensed;
(ii)the date;
(iii)the name or initials of the dispenser;
(iv)the name and address of the dispensary; and
(b)send the prescription to the chief executive within 14 days after cancelling it under paragraph (a).

Maximum penalty—60 penalty units.

s 82 amd 1998 SL No. 149 s 17; 1998 SL No. 343 s 12; 1999 SL No. 258 s 8; 2003 SL No. 348 s 12; 2004 SL No. 291 s 10; 2005 SL No. 142 s 3; 2007 SL No. 18 s 14; 2008 SL No. 422 s 13; 2010 SL No. 108 s 28; 2011 SL No. 4 s 27; 2014 SL No. 81 s 5; 2015 SL No. 154 s 6

82APrescription made by person authorised under regulation

A dispenser must not dispense a controlled drug on a prescription unless the dispenser reasonably believes the prescription was made by a person who, under this regulation, is endorsed to prescribe the drug.

Maximum penalty—60 penalty units.

s 82A ins 2010 SL No. 108 s 29

83Dispensing generic drugs

(1)This section applies if a controlled drug is specified in a prescription by a brand name (the specified drug) and the drug is also available under another brand name or without a brand name (both the generic drug).
(2)A dispenser may dispense the generic drug in place of the specified drug if the drug is dispensed at a public sector hospital.
(3)Also, a dispenser may dispense the generic drug in place of the specified drug at a place other than a public sector hospital if—
(a)the specified drug and the generic drug are both drugs to which a pharmaceutical benefit applies under the National Health Act; and
(b)the prescriber did not indicate on the prescription that only the specified drug was to be dispensed; and
(c)either—
(i)both of the following apply—
(A)the schedule of pharmaceutical benefits, issued by the Commonwealth department within which the National Health Act is administered, states the specified drug and the generic drug are equivalent;
(B)a determination is in force for the generic drug under the National Health Act, section 85(6); or
(ii)if the dispenser is a pharmacist, the pharmacist has, using a relevant process under the pharmacist’s quality standard for dispensing controlled drugs, confirmed the specified drug and the generic drug are equivalent; and
(d)it is lawful to dispense the generic drug on prescription; and
(e)the person to whom it is dispensed asks for, or agrees to, the dispensing of the generic drug in place of the specified drug.
(4)If a generic drug is dispensed, the dispenser must enter, in the prescription—
(a)the brand name of the generic drug; or
(b)if the generic drug does not have a brand name, the name of the manufacturer of the drug.

Maximum penalty—20 penalty units.

s 83 amd 1997 SL No. 64 s 16; 2007 SL No. 18 s 15; 2011 SL No. 4 s 28

84Dealing with paper prescriptions and particular written instructions

(1)This section applies to a dispenser who dispenses a controlled drug on a paper prescription or administers or supplies a controlled drug on a written instruction.
(2)The dispenser must, when dispensing, administering or supplying the controlled drug, legibly and permanently indicate the following information on the prescription or written instruction—
(a)for a prescription—the prescription has been dispensed;
(b)for a written instruction—the drug has been administered or supplied;
(c)the date;
(d)the name or initials of the dispenser;
(e)the name and address of the dispensary;
(f)for a repeat prescription—the repeat number.

Maximum penalty—40 penalty units.

(3)The dispenser must send the chief executive the prescription or written instruction—
(a)in paper form; or
(b)in an approved electronic form by electronic means.
(4)If the dispenser sends the prescription or written instruction under subsection (3)(a), the dispenser must—
(a)for a repeat prescription—send the prescription within 14 days after dispensing the controlled drug on the final repeat of the prescription; or
(b)for another prescription—send the prescription within 14 days after dispensing the controlled drug; or
(c)for a written instruction—send the instruction within 14 days after carrying out the final administration or supply of the controlled drug on the instruction.

Maximum penalty—40 penalty units.

(5)If the dispenser sends the prescription or written instruction under subsection (3)(b), the dispenser must—
(a)send the prescription or written instruction—
(i)for a repeat prescription—within 7 days after the end of each week in which the controlled drug is dispensed on a repeat, including the final repeat, of the prescription; or
(ii)for another prescription—within 7 days after the end of the week in which the controlled drug is dispensed; or
(iii)for a written instruction—within 7 days after the end of the month in which the final administration or supply of the controlled drug on the instruction is carried out; and
(b)keep the prescription or written instruction in paper form.

Maximum penalty—40 penalty units.

(6)Also, even if a dispenser has sent the chief executive a paper prescription or written instruction in an approved electronic form, the chief executive may give a written notice to the dispenser requiring the dispenser to send the chief executive the prescription or written instruction in paper form within the period, of at least 14 days, stated in the notice.
(7)The dispenser must comply with a notice given to the dispenser under subsection (6).

Maximum penalty—40 penalty units.

(8)If the dispenser dispenses the controlled drug on a repeat prescription, but not as the last repeat, the dispenser must give the chief executive a written notice of the relevant information for the prescription within 14 days after dispensing the controlled drug.

Maximum penalty—40 penalty units.

(9)Subsection (8) does not apply if the dispenser sends the repeat prescription to the chief executive in an approved electronic form under subsection (5)(a)(i).
(10)If a dispenser is asked to dispense more of a controlled drug for a person than appears to be reasonably necessary, or more frequently than appears to be reasonably necessary, the dispenser must immediately give the chief executive a written notice about—
(a)the circumstances in which the dispenser has been asked to dispense the controlled drug; and
(b)the quantity of the drug dispensed and when it has been dispensed for the person.
(11)Subsection (2)(a) applies to a repeat prescription only if the last repeat of the prescription is dispensed.
(12)Subsection (2)(a) does not apply to a duplicate of a paper prescription issued under the National Health Act or Veterans Entitlements Act.
(13)In this section—
relevant information, for a prescription, means—
(a)the information appearing on the front of the prescription; and
(b)the information the dispenser is required to write on the prescription when dispensing the controlled drug.

s 84 amd 1998 SL No. 149 s 18; 1998 SL No. 343 s 12; 1999 SL No. 258 s 9; 1999 SL No. 326 s 4; 2000 SL No. 333 s 39; 2001 SL No. 205 s 12; 2003 SL No. 255 s 6; 2003 SL No. 348 s 13; 2007 SL No. 18 s 16; 2007 SL No. 143 s 8; 2016 SL No. 17 s 13; 2017 SL No. 186 s 4

84ADealing with electronic prescriptions

(1)This section applies to a dispenser who dispenses a controlled drug on an electronic prescription.
(2)The dispenser must, when dispensing the controlled drug, enter the following information in the prescription—
(a)the prescription has been dispensed;
(b)the date;
(c)the name or initials of the dispenser;
(d)the name and address of the dispensary;
(e)for a repeat prescription—the repeat number.

Maximum penalty—40 penalty units.

(3)The dispenser must send the chief executive the prescription by electronic means—
(a)for a repeat prescription—within 7 days after the end of each week in which the controlled drug is dispensed on a repeat, including the final repeat, of the prescription; or
(b)for another prescription—within 7 days after the end of the week in which the controlled drug is dispensed.

Maximum penalty—40 penalty units.

(4)If a dispenser is asked to dispense more of a controlled drug for a person than appears to be reasonably necessary, or more frequently than appears to be reasonably necessary, the dispenser must immediately give the chief executive a written notice about—
(a)the circumstances in which the dispenser has been asked to dispense the controlled drug; and
(b)the quantity of the drug dispensed or when it has been dispensed for the person.
(5)Subsection (2)(a) applies to a repeat prescription only if the last repeat of the prescription is dispensed.

s 84A ins 2007 SL No. 18 s 17

amd 2017 SL No. 186 s 5

85Labelling dispensed and supplied medicines

(1)A person who sells a controlled drug as a dispensed medicine or supplies a controlled drug on a written instruction (a supplied medicine), must securely attach to the dispensed or supplied medicine’s container a label as required by this section with the following warnings printed on it—
(a)‘Keep out of reach of children’;
(b)if the prescriber is a veterinary surgeon—‘For animal treatment only’.

Maximum penalty—40 penalty units.

(2)The warnings must be printed in red on a background of contrasting colour and in bold-faced sans serif capital letters with a face depth of at least 1.5mm.
(3)The label must also have written on it—
(a)for a dispensed or supplied medicine for human use—the name of the person for whose use it is intended; or
(b)if the dispensed medicine is for an animal—the name of the animal’s owner; and
(c)the name and address of—
(i)the person selling the dispensed or supplied medicine; or
(ii)the business from which the dispensed or supplied medicine is sold; and
(d)a description of the name of the dispensed medicine under subsection (4) or (5); and
(e)a description of the strength of, and the quantity or volume of, the dispensed or supplied medicine; and
(f)directions about the use of the dispensed or supplied medicine; and
(g)the date the dispensed or supplied medicine is dispensed; and
(h)the dispenser’s initials; and
(i)if the medicine is for internal human therapeutic use and is a substance in appendix K of the current Poisons Standard—the warning statements given for the medicine in appendix F, part 1 of the current Poisons Standard; and
(j)if the medicine’s expiry date is not visible—the medicine’s expiry date.
(3A)However, the warnings mentioned in subsection (1) or (3)(i) need not be printed or written on the label if the warning—
(a)appears on the dispensed or supplied medicine’s container; and
(b)is clearly visible after the label is attached to the container.
(4)The dispensed medicine must be described by—
(a)its approved name; or

Note—

For the definition approved name see part 1 of the current Poisons Standard.
(b)the name the prescriber entered in the prescription or, if a different brand of the medicine is dispensed, the name, if any, of the brand dispensed; or
(c)its trade name; or
(d)the approved name of each controlled drug in the medicine; or
(e)the name of each controlled drug in the medicine as entered in the prescription.
(5)Despite subsection (4), a doctor may state in a prescription that the contents of a dispensed medicine must be described in another way that is not a false description.

s 85 amd 1998 SL No. 149 s 19; 1999 SL No. 258 s 10; 2000 SL No. 333 s 40; 2001 SL No. 205 s 13; 2003 SL No. 255 s 7; 2007 SL No. 18 s 18; 2011 SL No. 4 s 29; 2011 SL No. 306 s 4

85ASale of controlled drug after expiry date

A person must not sell a controlled drug after the expiry date for the drug stated on the container for the drug or a label attached to the container.

Maximum penalty—60 penalty units.

s 85A ins 2011 SL No. 4 s 30

86Record of transactions involving controlled drugs to be kept by pharmacist

(1)The pharmacist in charge of a dispensary must keep a record of transactions about controlled drugs (a controlled drugs record) as required by this section—
(a)as written entries in a book; or
(b)in an electronic form; or
(c)in another certified way.

Maximum penalty—40 penalty units.

(2)If the controlled drugs record is in a book, the book must be bound.
(3)Each page or part of the record must—
(a)be sequentially numbered; and
(b)relate to 1 class of controlled drug; and
(c)have a heading describing the class of controlled drug and the measurement unit in which quantities of the drug involved in a transaction are recorded.
(4)Despite subsection (3)(b) and (c), entries made in the controlled drugs record about controlled drugs returned to the pharmacist for destruction may be made on a single page in, or in a single part of, the record.
(5)If the pharmacist starts a new controlled drugs record, the pharmacist must check the dispensary stock of controlled drugs and record in the record—
(a)the stock held when the record is started; and
(b)a reference to the most recent entry about each class of controlled drug in the previous record.

Maximum penalty—40 penalty units.

(6)If a person who administers, dispenses or supplies a controlled drug at a dispensary makes an entry on a page or part of the controlled drugs record on which there is no other entry, the person must record as the first entry on the page or part—
(a)the quantity or volume of the class of controlled drug, described in the page or part heading, that is in stock when the page or part is started; and
(b)a reference to the most recent entry about the class of controlled drug.

Maximum penalty—40 penalty units.

(7)If a controlled drugs record is in an electronic form, the pharmacist must ensure the entries in the record are stored in a computer system that has enough capacity and backup capability for the purpose.

Maximum penalty—40 penalty units.

s 86 amd 1998 SL No. 149 s 20; 1999 SL No. 258 s 11; 2000 SL No. 333 s 36; 2003 SL No. 255 s 8

sub 2004 SL No. 34 s 8

87Entries to be made in controlled drugs record

(1)A pharmacist, or a person who is authorised to dispense or supply a controlled drug under the personal supervision of a pharmacist, must personally enter in the controlled drugs record, the details of each transaction for a controlled drug that is performed by the pharmacist or person.

Maximum penalty—40 penalty units.

(2)The pharmacist or person must make the entry—
(a)for a transaction for the administration or supply of a controlled drug on a written instruction under the pharmacist opioid DTP—not later than 7 days after the end of the month in which the final administration or supply of the drug on the instruction is carried out; or
(b)otherwise—
(i)on the day of the transaction; and
(ii)if there is more than 1 transaction on a day—in the order in which the transactions happen.

Maximum penalty—40 penalty units.

(3)The pharmacist or person must include the following details in the entry—
(a)for a controlled drug that is obtained—the date it is obtained, the name and address of the person who sold it, and the seller’s invoice number;
(b)the date, name and address of the person to, or for whom, the controlled drug is dispensed or sold;
(c)if no one else was involved in the transaction—a description of the nature of the transaction;
(d)the quantity or volume of the controlled drug dispensed, obtained, sold or used by the person in a compounded preparation, or otherwise involved in the transaction;
(e)if the controlled drug is sold on a purchase order or dispensed on a prescription—the distinguishing number given by the person to the order or prescription;
(f)the name of the person who made the order or prescription;
(g)the balance of the drug in stock at the dispensary after the transaction.

Maximum penalty—40 penalty units.

(4)The person who makes the entry must—
(a)for a controlled drugs record kept in a book—initial each line of the entry; or
(b)for a controlled drugs record kept in another form—include the person’s initials on each line of the entry.

Maximum penalty—40 penalty units.

(5)A person must not cancel, change, delete or obliterate an entry in a controlled drugs record.

Maximum penalty—40 penalty units.

(6)However, the person who made the entry in a controlled drugs record may correct the entry as follows—
(a)for a controlled drugs record kept in a book—by a signed and dated marginal note or footnote that gives the date of the correction and the correct details;
(b)for a controlled drugs record kept in another form—by a note, that does not prevent the original or existing entry being read, of—
(i)the person’s name; and
(ii)the correct details; and
(iii)the date of the correction.

s 87 amd 1999 SL No. 258 s 12; 2003 SL No. 348 s 14; 2004 SL No. 34 s 9; 2007 SL No. 18 s 19; 2016 SL No. 17 s 14

88Stock to be checked

(1)If a pharmacist takes over the management of a dispensary for more than 7 days, whether as the owner or an employee, the pharmacist must immediately—
(a)find out the quantity or volume of each class of controlled drug in stock at the dispensary; and
(b)enter the quantity or volume of each class of controlled drug in stock in the appropriate page or part of the controlled drugs record and—
(i)for a controlled drugs record kept in a book—sign and date each entry; and
(ii)for a controlled drugs record kept in another form—show the pharmacist’s name and the date of the entry.

Maximum penalty—40 penalty units.

(2)If the pharmacist finds a discrepancy between the quantity or volume of a class of controlled drug in stock and the balance shown in the controlled drugs record for the drug, the pharmacist must immediately give written notice of the discrepancy to the chief executive.

Maximum penalty—40 penalty units.

s 88 amd 1997 SL No. 64 s 17; 1998 SL No. 343 s 12; 2004 SL No. 34 s 10; 2011 SL No. 4 s 31

Part 5 Obtaining and selling controlled drugs on purchase order

pt hdg sub 1998 SL No. 149 s 21

89Authorised persons to obtain controlled drugs on purchase order

(1)An authorised person must not obtain a controlled drug other than on a purchase order complying with this section.

Maximum penalty—60 penalty units.

(2)The purchase order for a controlled drug must have on its front—
(a)the date it is written; and
(b)the name and address of the person placing the order; and
(c)the description and quantity or volume of the controlled drug to be supplied; and
(d)a number that allows the purchase order to be distinguished from other purchase orders used by the person ordering the controlled drug.
(3)A dentist, doctor, midwife, nurse practitioner, pharmacist or veterinary surgeon who places a purchase order must sign the order.
(4)A purchase order for controlled drugs placed by or for an entity, or to be used at a place, mentioned in appendix 3, part 1, column 1 of this regulation must be signed by—
(a)the person appearing opposite the entity or place in column 2; or
(b)any one of the persons appearing opposite the entity or place in column 2.

s 89 amd 1998 SL No. 149 s 22; 2016 SL No. 17 s 15

90Sale of controlled drugs to authorised persons

(1)A person must not sell a controlled drug to an authorised person (other than a ship’s master) unless the drug is sold—
(a)on a purchase order complying with this part; and
(b)if the person placing the order has an approval to obtain the drug—on production of the approval.

Maximum penalty—60 penalty units.

(2)A person must not sell a controlled drug to a ship’s master unless—
(a)the person has an approval to sell the controlled drug to the ship’s master; and
(b)the person receives from the ship’s master a purchase order for the controlled drug, that is signed by—
(i)if the ship’s master is authorised to obtain the drug under section 69(2)—a doctor; or
(ii)otherwise—the ship’s master.

Maximum penalty—60 penalty units.

s 90 amd 1998 SL No. 149 s 23; 2003 SL No. 348 s 15

91Delivery of controlled drugs

(1)A person who sells a controlled drug (the seller), or an adult employee of the seller, may personally deliver a controlled drug to an authorised person (the buyer), or an adult employee of the buyer, at the seller’s or buyer’s premises.
(2)The seller must obtain the buyer’s purchase order before or on delivery of the controlled drug.

Maximum penalty—40 penalty units.

(3)When the seller delivers a controlled drug to the buyer at the buyer’s premises, the seller must obtain from the person to whom the drug is delivered a dated and signed acknowledgement of receipt of the drug, written on or attached to the order.

Maximum penalty—40 penalty units.

(4)The seller must not deliver a controlled drug to the buyer unless—
(a)the drug is in a securely closed package addressed to the buyer and the package does not contain goods other than controlled drugs; and
(b)the package contains a packing slip or similar document with ‘Controlled drugs—check carefully’ printed on it in bold-faced sans serif capital letters with a face depth of at least 12.5mm; and
(c)the packing slip is placed so it is visible as soon as the package is opened.

Maximum penalty—40 penalty units.

92Sending controlled drugs by carrier etc.

(1)A person who sells a controlled drug (the seller) must not send the drug to an authorised person (the buyer) unless—
(a)the drug is in a securely closed package that complies with this section and is addressed to the buyer; and
(b)the seller sends the package to the buyer by security post or a carrier or transport service under this section.

Maximum penalty—40 penalty units.

(2)The seller may send the package by security post or a carrier or transport service only if Australia Post or the carrier or transport service gives the seller a signed or officially receipted document acknowledging receipt of the package for delivery to the buyer.
(2A)Australia Post or the carrier or transport service may deliver the package to the buyer only if Australia Post or the carrier or transport service receives a signed or officially receipted document from the buyer acknowledging the buyer’s receipt of the package.
(3)If the seller does not receive a purchase order for a controlled drug before the drug is delivered, the buyer must send the order for the drug to the seller within 24 hours after delivery.
(4)If the seller does not receive the purchase order for the controlled drug within 7 days after delivery, the seller must immediately give the chief executive a written report of the circumstances of the transaction.
(6)The package—
(a)must not contain goods other than controlled drugs; and
(b)must contain a packing slip or similar document with ‘Controlled drugs—check carefully’ printed on it in bold-faced sans serif capital letters with a face depth of at least 12.5mm.
(7)The packing slip must be placed so it is visible as soon as the package is opened.

s 92 amd 1997 SL No. 64 s 18; 1998 SL No. 343 s 12

93Dealing with purchase orders

(1)If a pharmacist, or person who is authorised to dispense a controlled drug under a pharmacist’s personal supervision, sells a controlled drug on a purchase order, the pharmacist or person must—
(a)write on the front of the order—
(i)the date the drug is sold; and
(ii)the name and address of the dispensary at or from which the drug is sold; and
(b)sign the order; and
(c)send the order to the chief executive—
(i)in paper form—within 14 days after selling the drug; or
(ii)in an approved electronic form by electronic means—within 14 days after the end of the month in which the drug is sold; and
(d)if the pharmacist or authorised person sends the order under paragraph (c)(ii)—keep the order in paper form.

Maximum penalty—40 penalty units.

(2)If a person, other than a pharmacist or an authorised person mentioned in subsection (1), sells a controlled drug on a purchase order, the person must—
(a)write on the front of the order the date the drug is sold; and
(b)sign the order; and
(c)keep the order in paper form; and
(d)if the order is from a dentist, doctor, midwife, nurse practitioner or veterinary surgeon—send to the chief executive—
(i)a copy of the order in paper form—within 14 days after selling the drug; or
(ii)an approved electronic form of the order by electronic means—within 14 days after the end of the month in which the drug is sold.

Maximum penalty—40 penalty units.

(3)A duplicate of an order under the National Health Act is taken to be a purchase order for subsection (1) or (2).

s 93 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 41; 2003 SL No. 348 s 16; 2016 SL No. 17 s 16

Part 6 Possession and use of controlled drugs

94Unlawful possession of controlled drugs

A person must not possess a controlled drug that the person did not lawfully obtain.

Maximum penalty—80 penalty units.

s 94 amd 2000 Act No. 28 s 26 sch; 2001 SL No. 205 s 14; 2011 SL No. 4 s 32

95Possession by user

(1)A person who lawfully obtains a controlled drug may possess the drug for the time reasonably necessary for the person to use the drug for the purpose and in the way the authorised person directs.
(2)The person must—
(a)keep the controlled drug in the person’s possession until it is used; and
(b)use the controlled drug, or allow it to be used, only for the purpose for which it was obtained.

Maximum penalty—60 penalty units.

s 95 amd 1997 SL No. 64 s 19; 2000 SL No. 333 s 42

96Issue of controlled drugs within institutions

The person in charge of the central storage point for controlled drugs at an institution must ensure a controlled drug is not issued to a ward, operating theatre or department of the institution unless the person is reasonably satisfied—
(a)the issue is necessary; and
(b)previous issues of controlled drugs to the ward, operating theatre or department have been accounted for.

Maximum penalty—60 penalty units.

97Oral instruction must be put in writing

(1)If, under this chapter, a dentist, doctor, nurse practitioner or physician’s assistant gives an authorised person an oral instruction to administer or supply a controlled drug, the dentist, doctor, nurse practitioner or physician’s assistant must put the instruction into writing within 24 hours after giving the instruction.

Maximum penalty—40 penalty units.

(2)If an indigenous health worker, isolated practice area paramedic, registered nurse or midwife acts on the oral instruction of a dentist, doctor, nurse practitioner or physician’s assistant and the dentist, doctor, nurse practitioner or physician’s assistant does not put the instruction in writing within 24 hours after giving the instruction, the indigenous health worker, paramedic, registered nurse or midwife must report the instruction to—
(a)for an instruction given at a hospital—the hospital’s director of nursing; or
(b)for an instruction given at a detention centre, nursing home or prison—the director of nursing or person in charge of the detention centre, nursing home or prison; or
(c)in any other case—the person in charge of the place.

Maximum penalty—40 penalty units.

(3)If a dentist, doctor, nurse practitioner or physician’s assistant contravenes subsection (1)—
(a)for an instruction given at a hospital—the hospital’s director of nursing must, within 48 hours of becoming aware of the contravention, report the circumstances to the hospital’s medical superintendent or the chief executive; or
(b)for an instruction given at a detention centre, nursing home or prison—the director of nursing or person in charge of the detention centre, nursing home or prison must, within 48 hours of becoming aware of the contravention, report the circumstances to the chief executive; or
(c)for another case—the person given the instruction must, within 48 hours of becoming aware of the contravention, report the circumstances to the chief executive.

Maximum penalty—40 penalty units.

s 97 sub 1997 SL No. 64 s 20

amd 1998 SL No. 149 s 24; 1998 SL No. 343 s 12; 2005 SL No. 40 s 3; 2005 SL No. 314 s 8; 2007 SL No. 333 s 5; 2008 SL No. 422 s 14

Part 7 Records of controlled drugs

Division 1 Definitions

98Definitions for pt 7

In this part—
central storer means the person in charge of controlled drugs at an institution if controlled drugs are kept at a central storage point until the person issues the drugs to a unit of the institution where the drugs are kept until they are administered to patients of the institution.
main issue book see section 99(1).
single storage book see section 106(1).
single storer means the person in charge of controlled drugs at an institution if controlled drugs at the institution are kept at a single storage point until the drugs are administered to patients of the institution.
transfer voucher see section 104(2).
unit means a ward, operating theatre or department of an institution.
unit storer means the person in charge of controlled drugs at a unit of an institution.
ward drugs book see section 101(1).

Division 2 Records at institutions with central storage point for controlled drugs

99Central storer to keep main issue book for controlled drugs

(1)The central storer at an institution must keep a record, in a book (the main issue book) or in another certified way, for recording transactions about obtaining controlled drugs into, and issuing controlled drugs from, the central storage point.

Maximum penalty—40 penalty units.

(2)The central storer must ensure—
(a)the main issue book is bound; and
(b)each page of the main issue book—
(i)is sequentially numbered; and
(ii)relates only to 1 class of controlled drug; and
(iii)has a heading describing the class of controlled drug and the measurement unit in which quantities of the drug involved in a transaction are recorded.

Maximum penalty—40 penalty units.

(3)Despite subsection (2)(b)(ii), entries made in the main issue book about controlled drugs returned to the central storer for destruction may be made on a single page in the book.

s 99 amd 1998 SL No. 149 s 25; 2000 SL No. 333 s 36

100Details to be recorded when controlled drugs obtained by central storer

(1)For each controlled drug that a central storer obtains, the storer must record on the relevant page of the main issue book—
(a)the description and quantity or volume of the controlled drug; and
(b)the date the controlled drug is obtained; and
(c)the name and address of the person from whom the controlled drug is obtained; and
(d)if the controlled drug was obtained for a particular person—the person’s name and address; and
(e)the quantity or volume of the controlled drug held at the central storage point; and
(f)the quantity or volume of the controlled drug supplied to a unit storer.

Maximum penalty—40 penalty units.

(2)The central storer must sign the entry.

Maximum penalty—40 penalty units.

s 100 amd 1998 SL No. 149 s 26

101Unit storer to keep ward drugs book for controlled drugs

(1)A unit storer must keep a record of transactions, in a book (the ward drugs book) or in another certified way, about—
(a)obtaining controlled drugs into the unit from the central storage point; and
(b)administering controlled drugs to persons in the unit.

Maximum penalty—40 penalty units.

(2)The unit storer must ensure—
(a)the ward drugs book is bound; and
(b)each page of the ward drugs book—
(i)is sequentially numbered; and
(ii)relates only to 1 class of controlled drug; and
(iii)has a heading describing the class of controlled drug and the measurement unit in which quantities of the drug involved in a transaction are recorded.

Maximum penalty—40 penalty units.

s 101 amd 1998 SL No. 149 s 27; 2000 SL No. 333 s 36

102Details to be recorded when controlled drugs obtained at unit

(1)For each controlled drug that a unit storer obtains from the central storer, the unit storer must record on the relevant page of the ward drugs book—
(a)the description and quantity or volume of the controlled drug; and
(b)the date the controlled drug is obtained.

Maximum penalty—40 penalty units.

(2)The central storer must sign the entry if the central storer is reasonably satisfied the entry is correct.

Maximum penalty—40 penalty units.

103Details to be recorded when controlled drugs administered in unit

(1)When a controlled drug is administered in a unit, the unit storer must record on the relevant page of the ward drugs book—
(a)the description and quantity or volume of the controlled drug; and
(b)the date and time the controlled drug is administered; and
(c)the name of the person to whom the controlled drug is administered; and
(d)the quantity or volume of the controlled drug remaining.

Maximum penalty—40 penalty units.

(2)The person who obtains the controlled drug to administer it to someone else must sign the entry if the person is reasonably satisfied the entry is correct.

Maximum penalty—40 penalty units.

104Transfer vouchers may be used for controlled drugs in certain cases

(1)This section applies if, because of the size of an institution or for another reason, it is not practicable for—
(a)a unit storer to sign the main issue book; or
(b)the central storer to sign the ward drugs book.
(2)The central storer may record issuing the controlled drug, and the unit storer may record obtaining the drug, on a document stating the things that must be recorded in a main issue book and ward drugs book (a transfer voucher).
(3)The person issuing, and the person receiving, the controlled drug must sign the transfer voucher.

Maximum penalty—40 penalty units.

(4)The central storer must keep the transfer voucher at the central storage point for 2 years after it is made.

Maximum penalty—40 penalty units.

105Main issue book and ward drugs book as 1 book

Sections 101 to 103 do not apply to unit storers at an institution if—
(a)the institution’s central storer keeps 1 book that contains the information that must be recorded in the main issue book and each ward drugs book of the institution; and
(b)entries in the book are signed by the person who must sign the entries in the main issue book or ward drugs book.

Division 3 Records at institutions with only 1 storage point

106Single storer to keep single storage book for controlled drugs

(1)A single storer of controlled drugs must keep a record of transactions, in a book (the single storage book) or another certified way, about obtaining controlled drugs into, and administering controlled drugs from, the storage point.

Maximum penalty—40 penalty units.

(2)The single storer must ensure—
(a)the single storage book is bound; and
(b)each page of the single storage book relates only to 1 class of controlled drug.
(3)Despite subsection (2)(b), entries made in the single storage book about controlled drugs returned to the single storer for destruction may be made on a single page in the book.

s 106 amd 1997 SL No. 64 s 21; 1998 SL No. 149 s 28; 2000 SL No. 333 s 36

107Details to be recorded when controlled drugs obtained

(1)For each controlled drug that a single storer obtains, the storer must record on the relevant page of the single storage book—
(a)the description and quantity or volume of the controlled drug; and
(b)the date the controlled drug is obtained; and
(c)the name and address of the person from whom the controlled drug is obtained; and
(d)if the controlled drug was obtained for a particular person—the person’s name and address.

Maximum penalty—40 penalty units.

(2)The single storer must sign the entry.

Maximum penalty—40 penalty units.

108Details to be recorded when controlled drugs administered

(1)When a controlled drug is administered from the single storage point of an institution, the single storer must record on the relevant page of the single storage book—
(a)the description and quantity or volume of the controlled drug; and
(b)the name of the person to whom the controlled drug is administered; and
(c)the date and time the controlled drug is administered; and
(d)the quantity or volume of the controlled drug remaining.

Maximum penalty—40 penalty units.

(2)The person who obtains the controlled drug to administer it to someone else must sign the entry if the person is reasonably satisfied the entry is correct.

Maximum penalty—40 penalty units.

s 108 amd 2005 SL No. 40 s 4

Division 4 Other provisions about records at institutions

109Records of controlled drugs supplied to be kept

(1)The director of nursing of a hospital, or the registered nurse in charge of the hospital, must keep a record, as required by this section, of all controlled drugs supplied by a nurse at the hospital under section 67(3) or 68.
(2)The records must be made by making written entries in a bound book with consecutively numbered pages, or in another certified way.
(3)The entries must be made in the order in which the transactions in the controlled drugs happen.
(4)An entry in the record book about a controlled drug must include—
(a)the name and address of the person for whose use the controlled drug is supplied; and
(b)the time and date the controlled drug is supplied; and
(c)the description and quantity or volume of the controlled drug supplied; and
(d)the directions for use of the controlled drug; and
(e)the name and address of the doctor, nurse practitioner or physician’s assistant who gave the oral or written instruction to supply the controlled drug; and
(f)the initials of the nurse supplying the controlled drug.
(5)A person must not change, obliterate or cancel an entry in a record book kept under this section.

Maximum penalty—40 penalty units.

(6)However, the person who made the entry may correct the entry by a signed and dated marginal note or footnote giving the date of the correction and the correct particulars.

s 109 amd 1997 SL No. 64 s 22; 1997 SL No. 323 s 5; 1998 SL No. 149 s 29; 2000 SL No. 333 s 36; 2016 SL No. 17 s 17

110Responsibility for checking accuracy of records at institutions

(1)The responsible person for an institution must ensure—
(a)records are kept of all transactions in controlled drugs at the institution; and
(b)at reasonable intervals—
(i)the stock of controlled drugs is checked to ensure the records about the controlled drugs on hand are accurate; and
(ii)all records of transactions for controlled drugs are inspected.

Maximum penalty—40 penalty units.

(2)The person who checks the stock of controlled drugs and inspects the records (the checker) must—
(a)write the date and results of the inspection on the record; and
(b)immediately report any of the following to the institution’s medical superintendent or, if there is no medical superintendent, the chief executive—
(i)a contravention of this regulation;
(ii)an apparently excessive use of a controlled drug;
(iii)any discrepancy between the controlled drug in stock and the drugs the records indicate should be in stock; and
(c)if the checker knows, or reasonably suspects, a controlled drug has been lost, misappropriated or stolen, immediately give the chief executive written notice about the loss, misappropriation or theft.

Maximum penalty—40 penalty units.

(3)The checker for an institution must be the responsible person for the institution or a doctor, pharmacist, registered nurse or hospital pharmaceutical assistant nominated in writing by the responsible person.
(4)In this section—
reasonable interval means an interval of not more than 1 month that is reasonably necessary to carry out the check and inspection under subsection (1)(b).
responsible person, for an institution, means—
(a)the pharmacist in charge of the dispensary at the institution; or
(b)if there is no pharmacist in charge—the director of nursing for the institution; or
(c)if paragraphs (a) and (b) do not apply—
(i)for a nursing home—the registered nurse in charge at the nursing home; or
(ii)in any other case—the person in charge of the institution.

s 110 amd 1998 SL No. 343 s 12; 2011 SL No. 4 s 33

Division 5 Responsibility for keeping and checking records at places other than institutions

111Records—dentists, doctors, nurse practitioners, veterinary surgeons

(1)A dentist, doctor, nurse practitioner or veterinary surgeon (a practitioner) who obtains a controlled drug must keep a record book.

Maximum penalty—40 penalty units.

(2)The practitioner must—
(a)use a separate record book or a separate part of the record book for each class of controlled drug; and
(b)enter in the book, full details of each transaction involving a controlled drug administered, dispensed, obtained, supplied or used by the practitioner; and
(c)make the entry as soon as practicable after the controlled drug is administered, dispensed, obtained, supplied or used by the practitioner, but no later than the day after it is administered, dispensed, obtained, supplied or used.

Maximum penalty—40 penalty units.

(3)The practitioner must ensure the entry includes the following—
(a)the date of the transaction;
(b)the name and address of the person—
(i)from whom the controlled drug is obtained; or
(ii)for whom the controlled drug is dispensed, obtained or supplied or on whom it is administered or used;
(c)the quantity or volume of the controlled drug administered, dispensed, obtained, supplied or used in the transaction;
(d)the balance of the controlled drug in the practitioner’s possession after the transaction;
(e)the practitioner’s initials.

Maximum penalty—40 penalty units.

s 111 amd 2005 SL No. 314 s 9

112Records—ambulance officers, indigenous health workers, midwives and rural and isolated practice area endorsed nurses

(1)An ambulance officer, indigenous health worker, midwife or rural and isolated practice area endorsed nurse who obtains a controlled drug must keep a record book.

Maximum penalty—40 penalty units.

(2)The ambulance officer, indigenous health worker, midwife or rural and isolated practice area endorsed nurse must—
(a)use a separate record book or a separate part of the record book for each class of controlled drug; and
(b)enter in the book—
(i)for an ambulance officer—full details of each transaction involving a controlled drug administered, obtained or used by the officer; or
(ii)for an indigenous health worker—full details of each transaction involving a controlled drug administered, obtained or used by the worker; or
(iii)for a midwife—full details of each transaction involving a controlled drug administered, obtained, supplied or used by the midwife; or
(iv)for a nurse—full details of each transaction involving a controlled drug administered, obtained, supplied or used by the nurse; and
(c)make the entry as soon as possible after the controlled drug is administered, obtained, supplied or used by the officer, worker, midwife or nurse, but no later than the day after it is administered, obtained, supplied or used.

Maximum penalty—40 penalty units.

(3)The ambulance officer, indigenous health worker, midwife or rural and isolated practice area endorsed nurse must ensure the entry includes the following—
(a)the date and time of the transaction;
(b)the name and address of the person—
(i)from whom the controlled drug is obtained; and
(ii)for whom the controlled drug is supplied or on whom it is administered or used;
(c)the quantity or volume of the controlled drug administered, obtained, supplied or used in the transaction;
(d)the balance of the controlled drug in the officer’s, worker’s, midwife’s or nurse’s possession after the transaction;
(e)if the controlled drug is administered to a person other than by a rural and isolated practice area endorsed nurse or midwife under the particular drug therapy protocol under which the drug is administered—the name of the doctor, nurse practitioner or physician’s assistant authorising the administration of the drug;
(f)the officer’s, worker’s, midwife’s or nurse’s signature.

Maximum penalty—40 penalty units.

s 112 amd 1997 SL No. 64 s 23; 2001 SL No. 205 s 15; 2005 SL No. 314 s 10; 2011 SL No. 4 s 34; 2016 SL No. 17 s 18

113Record keeping for particular nursing practices and Queensland Ambulance Service stations

(1)This section applies if—
(a)2 or more rural and isolated practice area endorsed nurses operate a practice in an isolated practice area; or
(b)2 or more isolated practice area paramedics operate a practice in an isolated practice area (paramedics).
(2)The person in charge of the practice must ensure records are kept of all transactions in controlled drugs involving the practice.

Maximum penalty—40 penalty units.

(3)The person must, at least once a week—
(a)check the stock of controlled drugs in hand to ensure records about the controlled drugs in hand are accurate; and
(b)inspect all records of transactions in controlled drugs; and
(c)write the date and the results of the inspection on the record.

Maximum penalty—40 penalty units.

(4)The person must immediately report to the chief executive—
(a)a contravention of this regulation; or
(b)an apparently excessive use of a controlled drug; or
(c)any inconsistency between the controlled drugs in stock and the controlled drugs that the records indicate should be in stock; or
(d)if the person knows, or reasonably suspects, a controlled drug has been lost, misappropriated or stolen, the person’s knowledge, or reasonable suspicion, of the loss, misappropriation or theft.

Maximum penalty—40 penalty units.

s 113 amd 1998 SL No. 343 s 12; 2001 SL No. 205 s 16; 2007 SL No. 333 s 6; 2011 SL No. 4 s 35; 2016 SL No. 17 s 19

114Records—other approved persons

(1)A person approved under this regulation to administer, possess, obtain, sell or use a controlled drug must keep the records stated in the approval.

Maximum penalty—40 penalty units.

(2)This section does not apply to records that must be kept under another provision of this chapter.

s 114 amd 2000 SL No. 333 s 43

115Exemption of user from keeping records

(1)This part does not apply to a person for a controlled drug if—
(a)the controlled drug—
(i)was lawfully prescribed for the person or the person’s animal; or
(ii)was lawfully supplied under a written instruction; and
(b)the person uses the controlled drug for the dental, medical or veterinary purpose for which it is prescribed or for which the written instruction was written.
(2)This section does not apply to records that must be kept under another provision of this chapter.

s 115 amd 2000 SL No. 333 s 44

116Record to be made on day of transaction

If, under a provision in this part, a person must enter a transaction in a document, the person must make the entry on the day of the transaction, unless the provision otherwise provides.

Maximum penalty—40 penalty units.

116ADiscrepancy to be immediately reported to chief executive

(1)This section applies to a person who, under this division, is required to keep a record book, keep records or ensure records are kept, about transactions in controlled drugs and who—
(a)finds a discrepancy between the quantity or volume of a class of controlled drug kept by the person and the balance shown in the person’s records for the drug; or
(b)knows, or reasonably suspects, a controlled drug has been lost, misappropriated or stolen.
(2)The person must immediately give the chief executive a written notice about the discrepancy, loss, misappropriation or theft.

Maximum penalty—40 penalty units.

(3)If a person is punishable under this section, and also under section 113(4)(c), the person may be prosecuted and convicted under either section 113(4) or this section but not both.

s 116A ins 1998 SL No. 149 s 30

amd 1998 SL No. 343 s 12

sub 2011 SL No. 4 s 36

117Records not to be changed but may be corrected

(1)A person must not cancel, change or obliterate an entry made in a book or other record kept under this part.

Maximum penalty—40 penalty units.

(2)However, the person who made the entry may correct the entry by a signed and dated marginal note or footnote giving the correct details.

Part 8 Storage of controlled drugs

118Storage of controlled drugs at institutions

(1)The owner of an institution must ensure a controlled drug kept at the institution is kept—
(a)in a receptacle that complies with appendix 6 of this regulation; or
(b)in another place (a secure place) an inspector who inspects the place is reasonably satisfied is at least as secure as a receptacle mentioned in paragraph (a).

Maximum penalty—60 penalty units.

(2)A person authorised to possess a controlled drug at an institution must—
(a)ensure the drug is stored in the receptacle or secure place; and
(b)always keep the receptacle or place locked (other than when a controlled drug is being put into or taken out of the receptacle or place); and
(c)ensure the key or combination to, or other way used to personally access, the receptacle or secure place can not be used by a person who is not authorised to possess a controlled drug at the institution.

Maximum penalty—60 penalty units.

(3)However, the person may keep morphine or opium, if the morphine or opium is in a compounded preparation containing 0.1% or less of morphine calculated as anhydrous morphine—
(a)in a part of the institution to which the public does not have access; or
(b)in a cupboard or drawer that is not accessible to the public.

s 118 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 45; 2011 SL No. 4 s 37

119Storage of controlled drugs generally

(1)An authorised person in possession of a controlled drug in a place (other than an institution) must keep the drug—
(a)in a receptacle that complies with appendix 6 of this regulation; or
(b)in another place (a secure place) an inspector who inspects the place is reasonably satisfied is at least as secure as a receptacle mentioned in paragraph (a).

Maximum penalty—60 penalty units.

(2)The authorised person must—
(a)always keep the receptacle or secure place locked (other than when a controlled drug is being put into or taken out of the receptacle or place); and
(b)ensure the key or combination to, or other way used to personally access, the receptacle or secure place can not be used by a person who is not authorised to possess a controlled drug at the place.

Maximum penalty—60 penalty units.

(3)However, the authorised person may keep morphine or opium, if the morphine or opium is in a compounded preparation containing 0.1% or less of morphine calculated as anhydrous morphine—
(a)in a part of the person’s premises to which the public does not have access; or
(b)in a cupboard or drawer that is not accessible to the public.
(4)Also, an ambulance officer, doctor, nurse practitioner, rural and isolated practice area endorsed nurse or veterinary surgeon may possess a controlled drug at a place other than the place where the person practises his or her profession.
(5)The ambulance officer, doctor, nurse practitioner, rural and isolated practice area endorsed nurse or veterinary surgeon must keep the drug in a secure place under his or her personal control.

Maximum penalty—60 penalty units.

(6)However, this section does not apply to a person who is in possession of a controlled drug under a prescription for the drug for the person’s own use or in caring for another person for whom the drug is prescribed.

s 119 amd 1998 SL No. 343 s 12; 2001 SL No. 205 s 17; 2003 SL No. 348 s 17; 2011 SL No. 4 s 38; 2016 SL No. 17 s 20

Part 9 Treatment with and dependence on controlled drugs

pt hdg amd 2000 SL No. 333 s 46

120Notice required if lengthy treatment with controlled drug

(1)This section applies if a doctor or nurse practitioner—
(a)administers, dispenses, prescribes or supplies, or intends to administer, dispense, prescribe or supply, a controlled drug in the treatment of a patient for more than 2 months; or
(b)reasonably suspects a patient has been treated with a controlled drug by another doctor or nurse practitioner for more than 2 months and the doctor or nurse practitioner intends to administer, dispense, prescribe or supply a controlled drug in the treatment of the patient.
(2)The doctor or nurse practitioner must immediately give the chief executive a written report in the approved form about the circumstances of the patient’s treatment.

Maximum penalty—40 penalty units.

(3)The chief executive may ask the doctor or nurse practitioner to give the chief executive additional information about the treatment of the patient within a stated reasonable time.
(4)The doctor or nurse practitioner must comply with the request, unless the doctor or nurse practitioner has a reasonable excuse for not complying with it.

Maximum penalty—40 penalty units.

s 120 amd 1998 SL No. 343 s 12; 2006 SL No. 308 s 7

121Controlled drugs not to be obtained unless information disclosed

(1)This section applies to a person who—
(a)consults a dentist, doctor, nurse practitioner, physician’s assistant or surgical podiatrist (the earlier practitioner); and
(b)obtains a controlled drug or restricted drug of dependency, or a prescription for a controlled drug or restricted drug of dependency, from the earlier practitioner; and
(c)consults another dentist, doctor, nurse practitioner, physician’s assistant or surgical podiatrist (the other practitioner) within 2 months after consulting the earlier practitioner.
(2)The person must not obtain a controlled drug, or a prescription for a controlled drug, from the other practitioner unless the person gives the other practitioner details (including quantities) of all controlled drugs or restricted drugs of dependency, and prescriptions for controlled drugs or restricted drugs of dependency, obtained from an earlier practitioner within 2 months before the person consults the other practitioner.

Maximum penalty—80 penalty units.

s 121 amd 1997 SL No. 64 s 24; 2006 SL No. 308 s 8; 2008 SL No. 422 s 15

122Approval needed for treating certain drug dependent persons with controlled drugs

(1)If a relevant practitioner reasonably believes a person is a drug dependent person, the relevant practitioner must not, without an approval—
(a)dispense or prescribe a controlled drug for the person; or
(b)administer or supply a controlled drug to or for the person; or
(c)give an oral or written instruction to supply a controlled drug to or for the person.

Maximum penalty—60 penalty units.

(2)If a relevant practitioner reasonably believes that it is necessary for the relevant practitioner to treat a drug dependent person, or the relevant practitioner proposes to treat a class of drug dependent persons, the relevant practitioner must give the chief executive a report in the approved form about—
(a)if the relevant practitioner reasonably believes that it is necessary to treat a drug dependent person—the circumstances of the person’s treatment; or
(b)if the relevant practitioner proposes to treat a class of drug dependent persons—the class of drug dependent persons the relevant practitioner proposes to treat and the proposed treatment of the persons.

Maximum penalty—40 penalty units.

(3)The chief executive may ask the relevant practitioner to give the chief executive stated additional information about the treatment of the drug dependent person or class of persons within a stated reasonable time.
(4)The relevant practitioner must comply with the request, unless the relevant practitioner has a reasonable excuse for not complying with it.

Maximum penalty—40 penalty units.

(5)If the chief executive is reasonably satisfied that, for the welfare of the drug dependent person or class of drug dependent person, it is necessary for the relevant practitioner to treat the person or persons with a controlled drug, the chief executive may give the relevant practitioner written approval to administer, dispense, prescribe, supply or give an oral or written instruction to supply a stated quantity or volume of the controlled drug.
(6)Also, if the chief executive is reasonably satisfied that, for the welfare of the drug dependent person or class of drug dependent persons, it is necessary for the chief executive to give the relevant practitioner an oral approval to administer, dispense, prescribe, supply or give an oral or written instruction to supply a stated quantity or volume of the controlled drug to or for the person or persons, the chief executive may give the oral approval.
(7)However, if the chief executive gives the relevant practitioner an oral approval, the chief executive must give the relevant practitioner written confirmation of the approval as soon as possible after giving the oral approval.
(8)A relevant practitioner to whom a written or oral approval has been given under subsection (5) or (6) must not administer, dispense, prescribe, supply, or give an oral or written instruction to supply a controlled drug to the person or persons other than under the approval.

Maximum penalty—60 penalty units.

(9)An approval given under this section has effect for the period stated in the approval.
(10)This section does not apply to a relevant practitioner treating a drug dependent person as an inpatient in a hospital.
(11)In this section—
relevant practitioner means a doctor, nurse practitioner or surgical podiatrist.

s 122 amd 1998 SL No. 149 s 31; 1998 SL No. 343 s 12; 2000 SL No. 333 s 47; 2006 SL No. 308 s 9; 2007 SL No. 143 s 9; 2011 SL No. 4 s 39

122AApproval needed to establish or operate a controlled drugs administration facility

A person must not, without an operating approval, establish or operate a controlled drugs administration facility.

Maximum penalty—20 penalty units.

s 122A ins 2003 SL No. 255 s 9

123Self-administration of controlled drugs by authorised persons prohibited

(1)A person who may possess a controlled drug under part 2 or 3 must not use the drug by self-administering it.

Maximum penalty—80 penalty units.

(2)Subsection (1) does not apply to a controlled drug the person possesses for use for a medical or dental purpose if—
(a)a dentist, doctor or nurse practitioner (other than the person) prescribed the drug for, or supplied the drug to, the person; and
(b)the dentist, doctor or nurse practitioner is reasonably satisfied the person has—
(i)a dental or medical condition for which the drug is an appropriate treatment; and
(ii)a genuine need to use the drug to treat the condition.

s 123 amd 2005 SL No. 314 s 11

Part 10 General

124Controlled drugs for animals not to be dispensed etc. for human therapeutic use

A person must not, without an approval, dispense, prescribe, sell or use, for human therapeutic use, a controlled drug labelled, manufactured, packed or prepared for use for animal treatment.

Maximum penalty—80 penalty units.

125Controlled drugs for animals not to be administered to humans

A person must not, without an approval, administer to himself, herself or someone else, a controlled drug labelled, manufactured, packed or prepared for use for animal treatment.

Maximum penalty—80 penalty units.

126False, misleading or incomplete entries

A person must not make an entry in a book or record required to be kept under this chapter that the person knows is a false, misleading or incomplete entry.

Maximum penalty—60 penalty units.

127Improper use of prescriptions for controlled drugs

(1)A person must not use a prescription, or document purporting to be a prescription, for a controlled drug to obtain the drug if the prescription or other document is written by someone other than a person—
(a)who may prescribe the drug; and
(b)whose name, professional qualifications and address are legibly written on the prescription.

Maximum penalty—80 penalty units.

(2)A person must not obtain a controlled drug by using a prescription that the person knows falsely states the name or current residential address of the person for whom the drug is prescribed.

Maximum penalty—80 penalty units.

(3)A person must not obtain a controlled drug by using a prescription that has on it an alteration, obliteration or other writing made by someone other than the prescriber who wrote the prescription.

Maximum penalty—80 penalty units.

(4)A person must not change, obliterate or otherwise write on a prescription, unless the person is the prescriber who wrote the prescription.

Maximum penalty—80 penalty units.

(5)Subsections (3) and (4) do not apply to something written on a prescription under this chapter by a dispenser.

s 127 amd 1998 SL No. 149 s 32

128False statements—controlled drugs

(1)A person must not make a statement the person knows is false to obtain a controlled drug from a person endorsed under this regulation to administer, dispense or sell the drug.

Maximum penalty—80 penalty units.

(2)A person must not make a statement the person knows is false to obtain a prescription for a controlled drug from a prescriber.

Maximum penalty—80 penalty units.

(3)A person must not make a statement the person knows is false about a prescription or purchase order for a controlled drug.

Maximum penalty—80 penalty units.

(4)A person must not state a name or residential address the person knows is false to—
(a)a person who may administer, dispense, prescribe or sell a controlled drug; or
(b)an employee or agent of a person mentioned in paragraph (a) in the performance of the employment or agency.

Maximum penalty—80 penalty units.

s 128 amd 2000 SL No. 333 s 48

129Production of documents about controlled drugs previously in authorised person’s possession

(1)An inspector may require an authorised person to produce, for inspection by the inspector, any documents in the authorised person’s possession relating to controlled drugs, or a particular controlled drug, that has been in the person’s possession—
(a)at any time within the 2 years before the request; or
(b)at a stated time of not more than 2 years before the request.
(2)The authorised person must comply with the requirement, unless the authorised person has a reasonable excuse for not complying with it.

Maximum penalty—20 penalty units.

(3)The inspector may take extracts from, or make copies of, any documents produced by the authorised person.
(4)The inspector may require the authorised person to give the inspector reasonable help to exercise the inspector’s power under subsection (3).
(5)The authorised person must comply with the requirement to give reasonable help, unless the person has a reasonable excuse for not complying with it.

Maximum penalty—20 penalty units.

130Unsafe disposal or use of controlled drugs

A person must not discharge, dispose of or use a controlled drug in a way that—
(a)endangers the life or safety of a person or domestic animal; or
(b)exposes food, drink or a condiment or another drug or a poison to the risk of contamination by the controlled drug; or
(c)allows access to the controlled drug to someone not endorsed to possess it.

Maximum penalty—80 penalty units.

s 130 amd 2000 SL No. 333 s 49

131Advertising controlled drugs

(1)A person must not advertise, or cause someone else to advertise, a substance that is or contains a controlled drug, whether or not the controlled drug is named in the advertisement.

Maximum penalty—80 penalty units.

(2)However, subsection (1) does not apply to—
(a)an advertisement in a professional or trade journal; or
(b)a price list, advertisement or promotional material intended for circulation only to the wholesale drug trade or the dental, medical, pharmaceutical or veterinary professions; or
(c)a price list that complies with the document called ‘Price Information Code of Practice’, published by the Therapeutic Goods Administration, as in force from time to time.

Editor’s note—

A copy of the Price Information Code of Practice may be obtained from the Therapeutic Goods Administration’s website.

s 131 amd 1998 SL No. 149 s 33; 2003 SL No. 348 s 18; 2008 SL No. 57 s 4

131AAutomatic machines—Act, s 106

For section 106(2) of the Act, the sale or supply of a controlled drug by means of an automatic machine or similar mechanical device is prohibited.

s 131A ins 2004 SL No. 34 s 11

132Safe keeping of controlled drugs

A person must not carry, handle or store a controlled drug in a way that may allow the drug to mix with, or contaminate, food, drink or a condiment or a drug or poison for human or animal use even if the container in which the controlled drug is carried, handled or stored breaks or leaks.

Maximum penalty—60 penalty units.

133Keeping records

A person who, under this chapter, must keep a record or other document about controlled drugs must—
(a)ensure it is kept in good condition, as far as practicable; and
(b)keep it for 2 years after the last entry that is made in it.

Maximum penalty—40 penalty units.

Chapter 3 Restricted drugs

Part 1 Licences

Division 1 Preliminary

134Application of pt 1

This part applies to the following types of licences—
(a)restricted drug manufacturer licences;
(b)restricted drug wholesaler licences.

s 134 amd 1998 SL No. 343 s 12

sub 2000 SL No. 333 s 50

135Licence to state business premises and other particulars

(1)A licence under this chapter applies only to the place stated in the licence as the licensee’s business premises.
(2)The chief executive must not state more than 1 place in the licence as the licensee’s business premises.
(3)For a restricted drug manufacturer licence, the chief executive must also state in the licence—
(a)the restricted drug or drugs the licensee may manufacture under the licence; and
(b)the title of the position that is to have responsibility for supervising the manufacture of the restricted drug or drugs.
(4)For a restricted drug wholesaler licence, the chief executive may state in the licence the restricted drug or drugs the licensee may sell under the licence.

s 135 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 51

Division 2 Restricted drug manufacturer licence

136Restrictions on grant of restricted drug manufacturer licences

The chief executive may grant a restricted drug manufacturer licence to a person only if the chief executive is reasonably satisfied—
(a)the person—
(i)intends to carry on business as a restricted drug manufacturer; and
(ii)is a suitable person to manufacture and sell restricted drugs; and
(b)an individual who holds the position responsible for supervising the manufacture of the restricted drug or drugs has the qualifications and experience necessary to effectively supervise the manufacture; and
(c)the premises to be used for manufacturing the restricted drug or drugs are suitable for the purpose.

s 136 amd 1998 SL No. 343 s 12

137Restricted drug manufacturer licence

A restricted drug manufacturer—
(a)may manufacture only the restricted drugs stated in the manufacturer’s licence; and
(b)is taken to hold the following licences—
(i)a restricted drug wholesaler licence;
(ii)a poison manufacturer licence;
(iii)a poison wholesaler licence.

s 137 amd 1997 SL No. 64 s 25; 2011 SL No. 4 s 40; 2011 SL No. 306 s 7

138General conditions that apply to restricted drug manufacturer licence

A restricted drug manufacturer—
(a)must not manufacture, have, keep or sell a restricted drug at a place other than the manufacturer’s business premises; and
(b)must ensure each restricted drug manufactured under the manufacturer’s licence is manufactured under the personal supervision of the individual who holds the position named in the licence; and
(c)must ensure a restricted drug at the manufacturer’s business premises is not handled by a person other than the manufacturer or a competent adult employee of the manufacturer.

Maximum penalty—60 penalty units.

139Offence to manufacture restricted drug without licence

A person must not manufacture a restricted drug unless the person—
(a)holds a restricted drug manufacturer licence for the drug; or
(b)is a State analyst, or a trainee State analyst under the supervision of a State analyst, who manufactures the restricted drug for the analyst’s, or trainee’s, official duties; or
(c)holds an endorsement under section 18(1) to manufacture the restricted drug.

Maximum penalty—60 penalty units.

s 139 amd 1997 SL No. 64 s 26; 2000 SL No. 333 s 52; 2011 SL No. 4 s 41

Division 3 Restricted drug wholesaler licence

140Restrictions on grant of restricted drug wholesaler licence

The chief executive may grant a restricted drug wholesaler licence to a person only if the chief executive is reasonably satisfied—
(a)the person intends to carry on business as a restricted drug wholesaler; and
(b)the person is a suitable person to sell restricted drugs; and
(c)the premises to be used for wholesaling the restricted drugs are suitable for the purpose.

s 140 amd 1998 SL No. 343 s 12

141Restricted drug wholesaler licence

(1)A restricted drug wholesaler may sell a restricted drug or an S2, S3 or S7 poison (whether or not for resale) to—
(a)an authorised person; or
(b)someone in another State who may obtain the drug under the law of the other State.
(2)Also, a restricted drug wholesaler may sell a restricted drug or an S2, S3 or S7 poison by wholesale to a person in another country who may lawfully obtain the drug in the country.
(3)Subsection (2) does not apply to a restricted drug that is a prohibited export under the Customs Act 1901 (Cwlth).

142General conditions that apply to restricted drug wholesaler licence

(1)A restricted drug wholesaler—
(a)must not have, keep or sell a restricted drug at a place other than the wholesaler’s business premises; and
(b)must ensure a restricted drug at the wholesaler’s business premises is not handled by a person other than the wholesaler or a competent adult employee of the wholesaler; and
(c)must not sell a restricted drug to anyone other than someone to whom the wholesaler may sell the drug under this regulation.

Maximum penalty—60 penalty units.

(2)Subsection (1) does not prevent a restricted drug wholesaler giving a restricted drug to the wholesaler’s representative to display or give, as samples, to a dentist, doctor or veterinary surgeon.
(3)Subject to subsection (4), a restricted drug wholesaler must, in carrying on business under the restricted drug wholesaler’s licence, comply with the wholesaling practice code.

Maximum penalty—60 penalty units.

Editor’s note—

The code is available from the Therapeutic Goods Administration’s website.
(4)Subsection (3) does not apply to a restricted drug wholesaler to the extent the wholesaler carries on business under the wholesaler’s licence in a way that does not require the wholesaler to store, handle or transport a restricted drug.

s 142 amd 2003 SL No. 255 s 10; 2011 SL No. 4 s 42; 2018 SL No. 21 s 6

143Offence to wholesale restricted drug without licence

A person must not sell a restricted drug by wholesale unless the person holds a restricted drug manufacturer licence or restricted drug wholesaler licence for the drug.

Maximum penalty—60 penalty units.

Division 4 General

144Records of transactions to be kept by licensee

(1)A licensee must, when selling a restricted drug to a person, give the person an invoice for the sale of the drug.

Maximum penalty—40 penalty units.

(2)The licensee must ensure the invoice—
(a)has a unique number; and
(b)states—
(i)the date of the sale; and
(ii)the name and address of the person to whom the restricted drug is sold; and
(c)describes the restricted drug and the quantity or volume of the drug sold.

Maximum penalty—40 penalty units.

(3)The licensee must keep an accurate record of the particulars contained in the invoice and the invoice number for each transaction.

Maximum penalty—40 penalty units.

(4)The licensee must also keep—
(a)an accurate record of each restricted drug given to the licensee’s wholesale representative; and
(b)a copy of each return given to the licensee by the representative.

Maximum penalty—40 penalty units.

(4A)The licensee may keep a record to be kept under subsection (3) or (4) in the way the licensee considers appropriate, including, for example, in an electronic form.
(5)If the licensee has more than 1 licence and the licensee’s records are kept on a computer at the licensee’s central or main office, the licensee must keep records for each licence at the relevant business premises.

Maximum penalty—40 penalty units.

s 144 amd 2000 SL No. 333 s 53; 2003 SL No. 255 s 11; 2004 SL No. 34 s 12

144ACertain losses etc. to be immediately reported to chief executive

If a licensee knows, or reasonably suspects that any of the following has been lost, misappropriated or stolen, the licensee must immediately give the chief executive a written notice about the loss, misappropriation or theft—
(a)a restricted drug that is an anabolic steroidal agent;
(b)a regulated restricted drug;
(c)S4 pseudoephedrine.

Maximum penalty—40 penalty units.

s 144A ins 2011 SL No. 4 s 43

145Persons to whom a licensee may give samples

A licensee must not give a sample of a restricted drug to a person other than—
(a)a dentist, doctor or veterinary surgeon; or
(b)the licensee’s wholesale representative.

Maximum penalty—60 penalty units.

s 145 amd 2003 SL No. 255 s 12

Part 2 Endorsements

pt hdg amd 2000 SL No. 333 s 54

Division 1 Preliminary

146Endorsement needed for restricted drugs

(1)A person must not have in the person’s possession a restricted drug unless the person is, under this regulation, endorsed to possess the drug.

Maximum penalty—60 penalty units.

(2)A person must not obtain a restricted drug unless the person is, under this regulation, endorsed to obtain the drug.

Maximum penalty—60 penalty units.

(3)A person must not dispense, issue, prescribe, purport to prescribe or sell a restricted drug unless the person is, under this regulation, endorsed to dispense, issue, prescribe or sell the drug.

Maximum penalty—60 penalty units.

(4)A person must not administer a restricted drug to someone else unless the person is, under this regulation, endorsed to administer the drug to the other person.

Maximum penalty—60 penalty units.

(5)Subsection (6) applies to a person who may, under an endorsement, administer, dispense, issue, obtain, possess, prescribe or sell a restricted drug, or write a written instruction, or give an oral instruction, for a restricted drug.
(6)The person must not destroy a restricted drug unless the person is endorsed to destroy the drug.

Maximum penalty—60 penalty units.

(7)A person must not write a written instruction or give an oral instruction for a restricted drug unless the person is endorsed to write the written instruction or give the oral instruction.

Maximum penalty—60 penalty units.

(8)Subsection (9) applies to a person who may only administer, destroy, dispense, issue, obtain, possess, prescribe or sell a restricted drug, or write a written instruction or give an oral instruction for a restricted drug, at a stated place or under stated conditions.
(9)The person must not administer, destroy, dispense, issue, obtain, possess, prescribe or sell the drug or write a written instruction or give an oral instruction for the drug at another place or in contravention of the conditions.

Maximum penalty—60 penalty units.

s 146 amd 1998 SL No. 149 s 34

sub 2000 SL No. 333 s 55

amd 2011 SL No. 4 s 44; 2011 SL No. 306 s 8

Division 2 Wholesale representatives

147Wholesale representative licence

(1)The chief executive may grant a wholesale representative licence to a person only if the chief executive is satisfied the person—
(a)is employed by a licensee or an interstate licensee in a capacity requiring the person to possess restricted drugs for displaying or giving, as samples, to dentists, doctors, pharmacists or veterinary surgeons; and
(b)is a suitable person to be allowed to possess restricted drugs.
(2)In this section—
interstate licensee means a person who holds a licence, under a law of another State, equivalent to a restricted drug manufacturer licence or restricted drug wholesaler licence.

s 147 amd 1998 SL No. 343 s 12

sub 2000 SL No. 333 s 56

amd 2003 SL No. 255 s 13; 2011 SL No. 4 s 45

148Wholesale representative may obtain restricted drugs

A wholesale representative is authorised to obtain a restricted drug from a restricted drug wholesaler and possess it for displaying or giving, as samples, to dentists, doctors, pharmacists or veterinary surgeons.

s 148 amd 2003 SL No. 255 s 14; 2011 SL No. 4 s 46

149Storage etc. of samples

(1)When a wholesale representative is not, under section 148, displaying or giving restricted drugs to a person, the representative must keep the restricted drugs the representative possesses for the representative’s employer locked in a secure place out of public view.

Maximum penalty—60 penalty units.

(2)If the representative gives, under section 148, a restricted drug to a dentist, doctor, pharmacist or veterinary surgeon (a practitioner), the representative must—
(a)before giving the drug to the practitioner—
(i)personally give the practitioner an invoice that complies with subsection (4) for the drug; and
(ii)personally receive from the practitioner a copy of the invoice signed by the practitioner; and
(b)send a copy of the signed invoice to the representative’s employer within 7 days after giving the drug to the practitioner.

Maximum penalty—40 penalty units.

(3)If the representative returns a restricted drug to the representative’s employer, the representative must complete an invoice that complies with subsection (4) for the drug and send a copy to the employer within 7 days after returning the drug.

Maximum penalty—40 penalty units.

(4)The invoice must—
(a)have a unique number; and
(b)state—
(i)the day the drug is given or returned; and
(ii)if the drug is given to a dentist, doctor, pharmacist or veterinary surgeon—the name and address of the person to whom the drug is given; and
(c)describe the drug and the amount of the drug given or returned.
(5)The representative must also keep a record of each restricted drug the representative—
(a)gives to a dentist, doctor, pharmacist or veterinary surgeon; or
(b)returns to the representative’s employer.

Maximum penalty—40 penalty units.

s 149 amd 2001 SL No. 205 s 18; 2003 SL No. 255 s 15; 2011 SL No. 4 s 47

150Returns of transactions

(1)A wholesale representative must give the representative’s employer a return of transactions in restricted drugs, that complies with subsection (2), at least every 7 days.

Maximum penalty—40 penalty units.

(2)The return must—
(a)state—
(i)the period of the return; and
(ii)the quantity or volume of each class of restricted drug in the representative’s possession at the start and at the end of the period; and
(b)include the quantity of each class of restricted drugs—
(i)received by the representative; and
(ii)given as a sample, or returned by, the representative; and
(c)include the invoice number for the restricted drugs given as samples or returned.
(3)The wholesale representative must keep a copy of the return.

Maximum penalty—40 penalty units.

s 150 amd 2003 SL No. 255 s 16

151Loss or theft of samples to be reported

A wholesale representative must immediately report the loss or theft of a restricted drug to the representative’s employer and the nearest police establishment.

Maximum penalty—60 penalty units.

152Production of documents about restricted drugs previously in wholesale representative’s possession

(1)An inspector may require a wholesale representative to produce for inspection by the inspector any documents in the representative’s possession relating to restricted drugs, or a particular restricted drug, that has been in the person’s possession—
(a)at any time within the year before the request; or
(b)at a stated time of not more than 1 year before the request.
(2)The wholesale representative must comply with the requirement, unless the wholesale representative has a reasonable excuse for not complying with it.

Maximum penalty—20 penalty units.

(3)The inspector may take extracts from, or make copies of, any documents produced by the wholesale representative.
(4)The inspector may require the wholesale representative to give the inspector reasonable help to exercise the inspector’s power under subsection (3).
(5)The wholesale representative must comply with the requirement to give reasonable help, unless the person has a reasonable excuse for not complying with it.

Maximum penalty—20 penalty units.

153Giving samples

(1)A wholesale representative is authorised, for the representative’s employer, to give a sample of a restricted drug to a dentist, doctor, pharmacist or veterinary surgeon at a place other than the employer’s business premises.
(2)The representative must not give a sample of a restricted drug to someone who is not a dentist, doctor, pharmacist or veterinary surgeon.

Maximum penalty—40 penalty units.

s 153 amd 2003 SL No. 255 s 17; 2011 SL No. 4 s 48

Division 3 Particular endorsements

div hdg amd 2000 SL No. 333 s 57

155Anaesthetic assistants and enrolled nurses

(1)Subsection (2) applies to the following persons—
(a)an anaesthetic assistant holding a qualification acceptable to the Australian and New Zealand College of Anaesthetists;
(b)an enrolled nurse.
(2)The anaesthetic assistant or enrolled nurse is authorised to possess, under the written instruction of a doctor administering anaesthesia, a restricted drug at a hospital when preparing for, and during, anaesthetic procedures.
(3)Subsection (4) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as an anaesthetic assistant.
(4)To the extent necessary to undergo the course of training, the trainee is authorised to possess a restricted drug, only if the trainee possesses the drug—
(a)at a hospital, when preparing for, or during, an anaesthetic procedure; and
(b)under the written instruction of a doctor administering anaesthesia; and
(c)under the direction and personal supervision of an anaesthetic assistant mentioned in subsection (1)(a).

s 155 amd 1997 SL No. 64 s 27; 1999 SL No. 258 s 13; 2003 SL No. 348 s 19

157Bases and outposts of Royal Flying Doctor Service

(1)The person in charge of a base of the Royal Flying Doctor Service of Australia is authorised to—
(a)obtain a restricted drug that a doctor employed by the service considers necessary; or
(b)possess a restricted drug obtained under paragraph (a).
(2)The person in charge of an outpost of the Royal Flying Doctor Service of Australia is authorised to—
(a)possess a restricted drug that a doctor employed by the service considers necessary; or
(b)administer or supply a restricted drug at the outpost under a doctor’s oral or written instruction.

s 157 amd 2004 SL No. 291 s 11

158Carriers

(1)To the extent necessary to transport and deliver a restricted drug, the following persons are authorised to possess a restricted drug—
(a)a person engaged by an authorised person to transport and deliver the restricted drug;
(b)an adult acting for a person engaged by an authorised person to transport and deliver the restricted drug.
(2)In this section—
authorised person means a person who is authorised under this regulation to dispense, issue, sell or supply the restricted drug.

s 158 amd 2015 SL No. 154 s 7

158ADental hygienists

(1)To the extent necessary to perform a dental hygienist’s functions as a dental hygienist, a dental hygienist who has successfully completed a relevant course of training is authorised to administer the following restricted drugs—
(a)lignocaine;
(b)prilocaine;
(c)felypressin when in preparations containing prilocaine;
(d)mepivacaine;
(e)articaine.
(2)Subsection (3) applies to a person (a trainee) who is undergoing a relevant course of training.
(3)To the extent necessary to undergo the relevant course of training, the trainee is authorised to administer the restricted drugs mentioned in subsection (1)(a) to (e).
(4)In this section—
relevant course of training means a course of training—
(a)for performing a dental hygienist’s function involving the administration of a restricted drug mentioned in subsection (1)(a) to (e); and
(b)that is approved by the chief executive.

s 158A ins 2005 SL No. 40 s 5

amd 2006 SL No. 91 s 7; 2010 SL No. 108 s 30; 2011 SL No. 4 s 50

158BDental therapists

(1)To the extent necessary to perform a dental therapist’s functions as a dental therapist, a dental therapist is authorised to administer the following restricted drugs—
(a)demeclocycline and triamcinolone in combination for topical endodontic use;
(b)lignocaine;
(c)mercury (metallic) for human therapeutic use;
(d)prilocaine;
(e)felypressin when in preparations containing prilocaine;
(f)mepivacaine;
(g)articaine.
(2)Subsection (3) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as a dental therapist.
(3)To the extent necessary to undergo the course of training, the trainee is authorised to administer the restricted drugs mentioned in subsection (1)(a) to (g).

s 158B (prev s 177) amd 2001 SL No. 264 s 17 sch 5; 2003 SL No. 348 s 22; 2004 SL No. 27 s 3 (2) sch; 2005 SL No. 40 s 8 (1)–(2)

reloc and renum 2005 SL No. 40 s 8 (3)

amd 2006 SL No. 91 s 8; 2010 SL No. 108 s 31; 2011 SL No. 4 s 51

158COral health therapists

(1)To the extent necessary to perform an oral health therapist’s functions as an oral health therapist, an oral health therapist is authorised to administer the following restricted drugs—
(a)lignocaine;
(b)prilocaine;
(c)felypressin when in preparations containing prilocaine;
(d)mepivacaine;
(e)demeclocycline and triamcinolone in combination for topical endodontic use;
(f)mercury (metallic) for human therapeutic use;
(g)articaine.
(2)Subsection (3) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as an oral health therapist.
(3)To the extent necessary to undergo the course of training, the trainee is authorised to administer the restricted drugs mentioned in subsection (1)(a) to (g).

s 158C ins 2010 SL No. 108 s 32

amd 2011 SL No. 4 s 52

159Dentists

To the extent necessary to practise dentistry, a dentist is authorised to—
(a)obtain a restricted drug; or
(b)possess a restricted drug at the place where the dentist practises dentistry; or
(c)if the dentist is reasonably satisfied a person the dentist is treating needs a restricted drug for a therapeutic use as part of the person’s dental treatment—
(i)administer the drug to the person while treating the person; or
(ii)supply the drug for the person’s dental treatment; or
(d)prescribe a restricted drug for a person’s dental treatment; or
(e)give someone who may administer or supply a restricted drug an oral or written instruction to administer or supply the drug.

s 159 amd 1997 SL No. 64 s 28; 1999 SL No. 258 s 14; 2004 SL No. 34 s 13; 2004 SL No. 291 s 12

160Detention centres

(1)The manager of a detention centre is authorised to—
(a)obtain a restricted drug for use at the detention centre on a purchase order complying with part 5; or
(b)possess a restricted drug at the detention centre; or
(c)issue a restricted drug to an authorised person who may administer or supply it for the treatment of a child detained at the detention centre.
(2)A detention centre’s director of nursing or medical superintendent, or the pharmacist in charge of a detention centre dispensary, is authorised to—
(a)obtain a restricted drug for use at the detention centre on a purchase order complying with part 5; or
(b)possess a restricted drug at the detention centre; or
(c)issue a restricted drug to an authorised person who may administer or supply it for the treatment of a child detained at the detention centre.

161Doctors

(1)To the extent necessary to practise medicine, a doctor is authorised to—
(a)obtain a restricted drug; or
(b)possess a restricted drug at a place occupied by the doctor; or
(c)if the doctor is reasonably satisfied a person the doctor is treating needs a restricted drug for a therapeutic use as part of the person’s medical treatment—
(i)administer the drug to the person; or
(ii)dispense or prescribe the drug to or for the person; or
(iii)supply the drug to or for the person; or
(iv)obtain the drug for the person; or
(d)give someone who may administer or supply a restricted drug an oral or written instruction to administer or supply the drug.
(2)A doctor is authorised to obtain, possess or use a restricted drug, other than a regulated restricted drug, for a genuine research or teaching purpose.

s 161 amd 2004 SL No. 291 s 13; 2011 SL No. 4 s 53

162Enrolled nurses

(1)To the extent necessary to practise nursing, an enrolled nurse is authorised to—
(a)possess a restricted drug at the place where the person practises nursing; or
(b)administer a restricted drug, other than an anaesthetic—
(i)on the oral or written instruction of a dentist, doctor, nurse practitioner or physician’s assistant; and
(ii)under the supervision of a dentist, doctor, midwife or registered nurse; or
(c)administer a restricted drug to a person for whom it has been dispensed and under the supervision of a dentist, doctor, midwife or registered nurse; or
(d)administer a restricted drug on the written instruction of a surgical podiatrist.
(2)Subsection (1) does not apply if the registration of the enrolled nurse under the Health Practitioner Regulation National Law is subject to a condition that the enrolled nurse is not qualified to administer restricted drugs.
(3)Subsection (4) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as an enrolled nurse.
(4)To the extent necessary to undergo the course of training, the trainee is authorised to—
(a)possess a restricted drug under the direction of a registered nurse at the place where the registered nurse practises nursing; or
(b)administer a restricted drug, other than an anaesthetic—
(i)on the oral or written instruction of a dentist, doctor, nurse practitioner or physician’s assistant; and
(ii)under the personal supervision of a dentist, doctor, midwife or registered nurse; or
(c)administer a restricted drug to a person for whom it has been dispensed and under the personal supervision of a dentist, doctor, midwife or registered nurse.

s 162 amd 2000 SL No. 333 s 59; 2003 SL No. 348 s 20; 2004 SL No. 34 s 14; 2004 SL No. 291 s 14; 2005 SL No. 40 s 6; 2006 SL No. 308 s 10; 2008 SL No. 422 s 16; 2010 SL No. 108 s 33

163Environmental health officers

To the extent necessary for conducting an immunisation program, an environmental health officer employed by a local government in the program is authorised to possess a vaccine for human use.

s 163 amd 2016 SL No. 23 s 3

163AA First aid providers

(1)This section applies to a person who holds both of the following current qualifications granted by a registered training organisation—
(a)a certificate for the provision of first aid;
(b)a certificate in the use of methoxyflurane.
(2)The person is authorised to—
(a)possess methoxyflurane; or
(b)administer methoxyflurane on the oral instruction of a doctor; or
(c)administer methoxyflurane on the written instruction, other than on a standing order, of a doctor.

s 163AA ins 2008 SL No. 421 s 3

amd 2012 SL No. 103 s 38

163AHospital pharmaceutical assistants

To the extent necessary to perform the person’s pharmaceutical imprest duties in a hospital, a hospital pharmaceutical assistant acting under the supervision of a pharmacist, is authorised to—
(a)possess a restricted drug at the hospital; or
(b)issue a restricted drug to an authorised person for treatment of the hospital’s patients.

s 163A ins 2001 SL No. 205 s 19

amd 2006 SL No. 91 s 9; 2011 SL No. 4 s 54

164Hospitals

(1)The persons authorised to do an authorised thing at a hospital are—
(a)the medical superintendent of the hospital; and
(b)a doctor nominated by the medical superintendent; and
(c)if there is a pharmacist in charge of the hospital’s dispensary—
(i)the pharmacist in charge; and
(ii)a pharmacist nominated in writing by the pharmacist in charge.
(2)Subsection (3) applies if none of the persons mentioned in subsection (1) are present at the hospital.
(3)The director of nursing of the hospital is authorised to do an authorised thing.
(4)If subsection (2) applies and the director of nursing is not present at the hospital, the registered nurse in charge of the hospital is authorised to do an authorised thing.
(5)An employee of a hospital who is an adult (an adult employee) may, to the extent necessary to carry out the employee’s duties at the hospital, and only under a medical gas protocol—
(a)possess a restricted medical gas; or
(b)issue a restricted medical gas for treatment of the hospital’s patients.
(6)In this section—
do an authorised thing, at a hospital, means—
(a)obtain a restricted drug for use at the hospital; or
(b)possess a restricted drug at the hospital; or
(c)issue a restricted drug for treatment of the hospital’s patients.
medical gas protocol means a certified document published by the department stating—
(a)the qualifications an adult employee must have to possess or issue a restricted medical gas; and
(b)the circumstances in which, and the conditions under which, an adult employee may possess or issue a restricted medical gas.
restricted medical gas means a gas that is a restricted drug ordinarily used for a medical purpose in a hospital.

s 164 amd 1997 SL No. 64 s 29

sub 2011 SL No. 4 s 55

164AIndigenous health workers

An indigenous health worker, while practising in an Aboriginal or Torres Strait Islander community in an isolated practice area in a specified Hospital and Health Service, is authorised—
(a)to obtain and possess a restricted drug; or
(b)to administer or supply a restricted drug, under the indigenous health worker isolated practice area DTP, on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant; or
(c)during a declared public health emergency relating to an infectious medical condition—to administer or supply a restricted drug under the communicable diseases DTP; or
(d)while an influenza emergency declaration is in force—to administer or supply a restricted drug under the pandemic influenza program DTP.

s 164A (prev s 154) amd 1998 SL No. 149 s 35 (1)–(5)

renum and reloc 1998 SL No. 149 s 35 (6)

sub 1999 SL No. 8 s 5

amd 2000 SL No. 333 s 60; 2001 SL No. 205 s 20; 2004 SL No. 291 s 15; 2008 SL No. 422 s 17; 2012 SL No. 90 s 41 sch

sub 2016 SL No. 17 s 21

amd 2018 SL No. 21 s 10 sch 1

165Inspectors

To the extent necessary to perform an inspector’s official duties, an inspector is authorised to—
(a)obtain a restricted drug; or
(b)possess a restricted drug; or
(c)in an emergency or disaster situation—destroy a restricted drug.

166Manufacturer or wholesaler of restricted drugs

(1)A restricted drug manufacturer is authorised to—
(a)obtain a restricted drug (an ingredient drug) for manufacturing a different restricted drug stated in the manufacturer’s licence; or
(b)possess an ingredient drug at the manufacturer’s business premises.
(2)A restricted drug wholesaler is authorised to—
(a)obtain a restricted drug; or
(b)possess a restricted drug at the wholesaler’s business premises.
(3)An adult employee of a restricted drug manufacturer or wholesaler is authorised to possess a restricted drug at the manufacturer’s or wholesaler’s business premises if—
(a)the drug is packed in the way required under chapter 1, part 4; and
(b)the employee is acting within the scope of the employment; and
(c)the possession is reasonably necessary for the employee to deliver the drug to an authorised person under a lawful transaction between the employer and the authorised person.
(4)A restricted drug manufacturer is authorised to—
(a)obtain a controlled drug for manufacturing a restricted drug stated in the manufacturer’s licence; or
(b)possess a controlled drug obtained under paragraph (a) at the manufacturer’s business premises.

s 166 amd 1998 SL No. 149 s 36; 2004 SL No. 34 s 15

167Midwives

(1)To the extent necessary to practise midwifery, a midwife is authorised to—
(a)obtain a restricted drug; and
(b)possess a restricted drug at the place where the person practises midwifery; and
(c)administer a restricted drug to the person for whom it has been dispensed under the instructions stated by the dispenser; and
(d)administer or supply a restricted drug—
(i)on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant; or
(ii)under the midwives DTP.
(2)Despite subsection (1), to the extent necessary to practise midwifery, a midwife is authorised to—
(a)possess a nitrous oxide mixture at any place; or
(b)administer a nitrous oxide mixture to a woman as an analgesic during childbirth.
(3)In this section—
childbirth means the process of labour and delivery beginning with uterine contractions and ending with the expulsion of the placenta and membranes from the woman giving birth.
nitrous oxide mixture means a substance containing a mixture of nitrous oxide and oxygen in which the concentration of nitrous oxide is not more than 70%.

s 167 amd 1997 SL No. 64 s 30; 2004 SL No. 291 s 16; 2005 SL No. 222 s 3; 2007 SL No. 143 s 10; 2008 SL No. 422 s 18; 2016 SL No. 17 s 22

167AEligible midwives

(1)To the extent necessary to practise midwifery, an endorsed eligible midwife is authorised to prescribe a restricted drug.
(2)In this section—
endorsed eligible midwife means a midwife whose registration is endorsed under the Health Practitioner Regulation National Law (Queensland), section 94 as being qualified to prescribe scheduled medicines required for midwifery practice.

s 167A ins 2011 SL No. 4 s 56

168Mine sites etc.

(1)This section applies to a person in charge on the site of any of the following—
(a)a mine;
(b)a petroleum well;
(c)a petroleum field production facility;
(d)a petroleum pipeline transport facility.
(2)A person to whom this section applies is authorised to—
(a)obtain and possess a substance containing a mixture of equal volumes of nitrous oxide and oxygen (a mixture); or
(b)give a mixture to anyone who may possess and use it under subsection (3).
(3)A person is authorised to possess the mixture and use it to maintain analgesia in someone who needs treatment at a place mentioned in subsection (1) if the person—
(a)has a current first aid certificate granted by an entity authorised under the Ambulance Service Act 1991 to teach first aid; and
(b)has received satisfactory training in the use of the mixture; and
(c)has the role of performing necessary first aid duties at a place mentioned in subsection (1).

s 168 amd 2003 SL No. 255 s 18

169Nursing homes

(1)This section applies to the following persons—
(a)a nursing home’s director of nursing or medical superintendent;
(b)the registered nurse in charge of a nursing home;
(c)the pharmacist in charge of a nursing home’s dispensary.
(2)A person to whom this section applies is authorised to—
(a)obtain a restricted drug for use at the nursing home on a purchase order complying with part 5; or
(b)possess a restricted drug at the nursing home; or
(c)issue a restricted drug to an authorised person who may administer or supply it for the treatment of a resident of the nursing home.

170Optometrists

(1)To the extent necessary to practise optometry, an optometrist who has successfully completed a certified course of training is authorised to—
(a)obtain a substance containing—
(i)1% or less of cyclopentolate; or
(ii)0.4% or less of oxybuprocaine; or
(iii)2% or less of pilocarpine; or
(iv)0.5% or less of proxymetacaine; or
(v)1% or less of tropicamide; or
(vi)4% or less of lignocaine; or
(b)administer a substance obtained under paragraph (a); or
(c)possess a substance obtained under paragraph (a) at the place where the optometrist practises optometry.
(2)To the extent necessary to practise optometry, an optometrist who has the prescribed qualifications is authorised to—
(a)obtain a registered restricted drug; or
(b)possess a registered restricted drug at the place where the optometrist practises optometry; or
(c)if the optometrist is reasonably satisfied a person needs a registered restricted drug for a therapeutic use as part of the person’s ocular care or treatment, do any of the following under an ocular therapeutics protocol—
(i)administer or supply the drug to the person;
(ii)prescribe the drug for the person.
(3)In this section—
prescribed qualifications means the qualifications required under an ocular therapeutics protocol to administer, supply or prescribe a restricted drug.
registered restricted drug means a restricted drug included in, or contained in a product included in, the Australian Register of Therapeutic Goods under the Therapeutic Goods Act 1989 (Cwlth), section 9A.

s 170 amd 2000 SL No. 333 s 61; 2005 SL No. 40 s 7; 2011 SL No. 4 s 57

170AOrthoptists

(1)To the extent necessary to practise orthoptics, an orthoptist who has the relevant qualifications is authorised to—
(a)obtain a restricted drug; and
(b)possess a restricted drug; and
(c)administer a restricted drug under the orthoptist DTP.
(2)In this section—
relevant qualifications means the qualifications required under the orthoptist DTP to administer a restricted drug.

s 170A ins 2011 SL No. 4 s 58

amd 2011 SL No. 306 s 9; 2016 SL No. 17 s 23

171Pharmacists

(1)To the extent necessary to practise pharmacy, a pharmacist is authorised to—
(a)obtain a restricted drug; or
(b)dispense a restricted drug; or
(c)sell a restricted drug (other than by wholesale) on a purchase order; or
(d)possess a restricted drug at a dispensary or institution; or
(e)for a pharmacist practising pharmacy at a public sector hospital—supply a restricted drug, on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant, to a person being discharged from the hospital or an outpatient of the hospital; or
(f)destroy, or otherwise dispose of, a restricted drug in a way that poses no risk, or only a negligible risk, of a person gaining access to the drug.

Note—

For an approved pharmacist under the National Health Act 1953 (Cwlth), see also the National Health (Continued Dispensing) Determination 2012 (Cwlth).
(2)A trainee pharmacist is authorised to do, under a pharmacist’s direction and personal supervision, anything a pharmacist is authorised to do under subsection (1).
(3)During a declared public health emergency relating to an infectious medical condition, a pharmacist is authorised to administer or supply a restricted drug under the communicable diseases DTP.
(4)While an influenza emergency declaration is in force, a pharmacist is authorised to administer or supply a restricted drug under the pandemic influenza program DTP.
(5)A pharmacist is authorised to administer a vaccine to an adult under the pharmacist vaccination program DTP.
(6)A pharmacist is authorised to obtain, possess or use a restricted drug, other than a regulated restricted drug, for a genuine research or teaching purpose.

s 171 amd 1997 SL No. 64 s 31; 2000 SL No. 333 s 62; 2001 SL No. 267 s 14 sch 4; 2003 SL No. 348 s 21; 2004 SL No. 291 s 17; 2005 SL No. 314 s 12; 2008 SL No. 422 s 19; 2011 SL No. 4 s 59; 2016 SL No. 17 s 24; 2016 SL No. 23 s 4; 2018 SL No. 21 s 10 sch 1

171APhysician’s assistants

To the extent necessary to perform duties under a practice plan developed for a physician’s assistant, the physician’s assistant acting under the supervision of his or her supervising medical officer is authorised to—
(a)possess a restricted drug at the place where the physician’s assistant practices; or
(b)administer, prescribe or supply a restricted drug; or
(c)give someone who may administer or supply a restricted drug an oral or written instruction to administer or supply the drug.

s 171A ins 2008 SL No. 422 s 20

172Podiatrists

To the extent necessary to practise podiatry, a podiatrist is authorised to—
(a)obtain the following restricted drugs, other than when combined with adrenalin or another vasoconstrictor drug—
(i)bupivacaine of a strength of 0.5% or less;
(ii)levobupivacaine of a strength of 0.5% or less;
(iii)lignocaine of a strength of 2% or less;
(iv)prilocaine of a strength of 2% or less; or
(b)administer a restricted drug mentioned in paragraph (a), other than when used together with adrenalin or another vasoconstrictor drug; or
(c)possess a restricted drug obtained under paragraph (a) at the place where the podiatrist practises podiatry.

s 172 amd 2001 SL No. 205 s 21; 2006 SL No. 308 s 11

172ASurgical podiatrists

To the extent necessary to practise podiatry, a surgical podiatrist is authorised to—
(a)obtain—
(i)dexamethasone, for local injection only; or
(ii)ropivacaine of a strength of 1% or less; or
(b)administer a restricted drug mentioned in paragraph (a); or
(c)possess a restricted drug mentioned in paragraph (a) at the place where the podiatrist practises podiatry; or
(d)prescribe a restricted drug mentioned in appendix 2B, part 1, column 1, on the conditions mentioned opposite the drug in columns 2 and 3; or
(e)give someone who may administer a restricted drug mentioned in appendix 2B, part 1, column 1, a written instruction to administer the drug on the conditions mentioned opposite the drug in columns 2 and 3.

s 172A ins 2006 SL No. 308 s 12

172BEndorsed podiatrists

To the extent necessary to practise podiatry, an endorsed podiatrist is authorised to—
(a)obtain a restricted drug mentioned in appendix 2C, part 1, column 1, on a condition mentioned opposite the drug in column 2; or
(b)administer, at the place where the endorsed podiatrist practises podiatry, a restricted drug mentioned in appendix 2C, part 1, column 1 on the conditions mentioned opposite the drug in columns 2 and 3; or
(c)prescribe a restricted drug mentioned in appendix 2C, part 1, column 1 on the conditions mentioned opposite the drug in columns 2 and 4; or
(d)possess a restricted drug mentioned in paragraph (a) at the place where the endorsed podiatrist practises podiatry.

s 172B ins 2014 SL No. 81 s 6

172CTrainee endorsed podiatrists

(1)To the extent necessary for a trainee endorsed podiatrist to complete an approved program of study, the trainee endorsed podiatrist is authorised to administer a restricted drug mentioned in appendix 2C, part 1, column 1 under the personal supervision of a doctor or endorsed podiatrist.
(2)However, the trainee endorsed podiatrist is only authorised to administer the restricted drug on the conditions mentioned opposite the drug in columns 2 and 3.

s 172C ins 2014 SL No. 81 s 6

173Prisons

(1)The general manager of a prison is authorised to—
(a)obtain a restricted drug for use at the prison on a purchase order complying with part 5; or
(b)possess a restricted drug at the prison; or
(c)issue a restricted drug to an authorised person who may administer or supply it for the treatment of a prisoner at the prison.
(2)A prison’s director of nursing or medical superintendent, or the pharmacist in charge of a prison’s dispensary, is authorised to—
(a)obtain a restricted drug for use at the prison on a purchase order complying with part 5; or
(b)possess a restricted drug at the prison; or
(c)issue a restricted drug to an authorised person who may administer or supply it for the treatment of a prisoner at the prison.

174Queensland Ambulance Service

(1)To the extent necessary for performing ambulance duties for the Queensland Ambulance Service, an ambulance officer mentioned in appendix 2A, part 2, column 2 is authorised to obtain, possess or administer, under a clinical practice protocol approved by the Queensland Ambulance Service, a restricted drug set out opposite in appendix 2A, part 2, column 1.
(2)However, an ambulance officer who is a paramedic 3 (ECP) may administer a restricted drug mentioned in appendix 2A, part 3 only if the officer—
(a)is working in an ECP area; and
(b)is acting on a doctor’s oral or written instruction to administer the drug to a person.
(2A)To the extent necessary to perform ambulance duties for the Queensland Ambulance Service, an isolated practice area paramedic at an isolated practice area (paramedics) is authorised to—
(a)obtain a restricted drug; or
(b)possess a restricted drug at a place in the isolated practice area (paramedics); or
(c)administer or supply a restricted drug to a person—
(i)on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant; or
(ii)under the isolated practice area paramedic DTP.
(3)An ambulance officer who is undergoing a certified course of training upon the successful completion of which the officer would be authorised to obtain, possess or administer a restricted drug mentioned in appendix 2A, part 2, column 1, is authorised to administer the restricted drug to a person under the supervision of someone who—
(a)has completed the training; and
(b)is—
(i)acting under a clinical practice protocol approved by the Queensland Ambulance Service; and
(ii)working in an ECP area and acting on a doctor’s oral or written instruction if required by subsection (2).
(4)During a declared public health emergency relating to an infectious medical condition—
(a)an ambulance officer who is a paramedic 1, 2, 3, 3 (ECP) or 4 is authorised to obtain, possess, administer or supply a restricted drug under the communicable diseases DTP; and
(b)an ambulance officer who is a paramedic 3, 3 (ECP) or 4 is authorised to obtain, possess or administer a vaccine for the infectious medical condition under the communicable diseases DTP.
(5)While an influenza emergency declaration is in force—
(a)an ambulance officer who is a paramedic 1, 2, 3, 3 (ECP) or 4 is authorised to obtain, possess, administer or supply a restricted drug under the pandemic influenza program DTP; and
(b)an ambulance officer who is a paramedic 3, 3 (ECP) or 4 is authorised to obtain, possess or administer a vaccine for influenza under the pandemic influenza program DTP.

s 174 amd 1997 SL No. 64 s 32; 1999 SL No. 258 s 15

(1)(c) exp 31 December 1999 (see s 174(5))

sub 2000 SL No. 333 s 63

amd 2005 SL No. 314 s 13; 2006 SL No. 91 s 10; 2007 SL No. 333 s 7; 2008 SL No. 422 s 21; 2016 SL No. 17 s 25; 2016 SL No. 23 s 3; 2018 SL No. 21 s 10 sch 1

174AQueensland Ambulance Service—first responders

(1)To the extent necessary for performing ambulance duties for the Queensland Ambulance Service as a first responder, a first responder is authorised to possess or administer methoxyflurane under a clinical practice protocol approved by the Queensland Ambulance Service.
(2)In this section—
first responder means a person who—
(a)is appointed as an honorary ambulance officer under the Ambulance Service Act 1991, section 14; and
(b)is classified as a QAS First Responder by the Queensland Ambulance Service.

s 174A ins 2008 SL No. 421 s 4

174BSt John Ambulance Australia—Queensland

(1)The State Medical Officer of St John Ambulance Australia—Queensland, or the State Medical Officer’s delegate, is authorised to—
(a)obtain methoxyflurane for use by a St John Ambulance member; or
(b)possess methoxyflurane for use by a St John Ambulance member; or
(c)issue methoxyflurane to a St John Ambulance member.
(2)To the extent necessary for performing ambulance duties for St John Ambulance Australia—Queensland, a St John Ambulance member is authorised to possess or administer methoxyflurane under a clinical practice guideline approved by St John Ambulance Australia—Queensland.
(3)In this section—
St John Ambulance member means a person who—
(a)is a registered member of St John Ambulance Australia—Queensland; and
(b)holds both of the following current qualifications—
(i)Certificate II in Emergency Medical Service First Response;
(ii)Course in Analgesic Administration (Methoxyflurane).

s 174B ins 2008 SL No. 421 s 4

175Registered nurses

(1)To the extent necessary to practise nursing, a registered nurse is authorised to—
(a)possess a restricted drug at a place where the registered nurse practises nursing; or
(b)administer a restricted drug—
(i)on the oral or written instruction of a dentist, doctor, nurse practitioner or physician’s assistant; or
(ii)on the written instruction of a surgical podiatrist; or
(iii)to the person for whom it has been dispensed under the instructions stated by the dispenser.
(2)To the extent necessary to practise nursing in a rural hospital or an isolated practice area, a rural and isolated practice area endorsed nurse is authorised to—
(a)obtain a restricted drug; or
(b)supply a restricted drug to a person—
(i)on the oral or written instruction of a dentist, doctor, nurse practitioner or physician’s assistant; or
(ii)under the rural and isolated practice area endorsed nurse DTP; or
(c)administer a restricted drug to a person under the rural and isolated practice area endorsed nurse DTP.
(3)To the extent necessary to practise nursing at a hospital within an isolated practice area, a registered nurse is authorised to supply a restricted drug, on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant, to a person being discharged from the hospital or to an outpatient of the hospital.
(4)To the extent necessary to practise nursing under an immunisation program, an immunisation program nurse is authorised to—
(a)obtain a vaccine or other restricted drug; or
(b)administer a vaccine or other restricted drug under the immunisation program nurse DTP.
(5)To the extent necessary to practise nursing under a sexual health program, a sexual health program nurse is authorised to administer or supply a restricted drug under the sexual health program nurse DTP.
(6)During a declared public health emergency relating to an infectious medical condition, a registered nurse is authorised to obtain, administer or supply a restricted drug under the communicable diseases DTP.
(7)While an influenza emergency declaration is in force, a registered nurse is authorised to obtain, administer or supply a restricted drug under the pandemic influenza program DTP.
(8)To the extent necessary to practise nursing, a nurse practitioner is authorised, without limiting subsection (2), (4), (6) or (7)—
(a)to obtain a restricted drug; or
(b)under the nurse practitioner DTP—
(i)to administer, supply or prescribe a restricted drug; or
(ii)to give a nurse or midwife an oral or written instruction to administer a restricted drug; or
(iii)to give an indigenous health worker an oral or written instruction to administer a restricted drug; or
(iv)to give a rural and isolated practice area endorsed nurse an oral or written instruction to administer or supply a restricted drug; or
(v)for subsection (3), to give a registered nurse an oral or written instruction to supply a restricted drug; or
(vi)to give a pharmacist an oral or written instruction to supply a restricted drug; or
(vii)to give an isolated practice area paramedic an oral or written instruction to administer or supply a restricted drug.
(9)In this section—
immunisation program nurse DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Immunisation Program Nurse’.

s 175 amd 1997 SL No. 64 s 33; 1997 SL No. 323 s 6; 1998 SL No. 259 s 4; 1999 SL No. 8 s 6; 2000 SL No. 333 s 64; 2001 SL No. 205 s 22; 2004 SL No. 291 s 18; 2005 SL No. 314 s 14; 2006 SL No. 308 s 13; 2007 SL No. 333 s 8; 2008 SL No. 422 s 22; 2010 SL No. 108 s 34; 2011 SL No. 4 s 60

sub 2016 SL No. 17 s 26

amd 2018 SL No. 21 s 10 sch 1

176Certain registered nurses at rural hospitals

(1)To the extent necessary to practise nursing at a rural hospital, the following persons are authorised to supply a restricted drug, on the oral or written instruction of a dentist, doctor, nurse practitioner or physician’s assistant, to a person being discharged from the hospital or an outpatient of the hospital—
(a)the hospital’s director of nursing;
(b)a registered nurse nominated by the hospital’s director of nursing.
(2)However, subsection (1) applies only if—
(a)the hospital does not employ a pharmacist; or
(b)if the hospital employs a pharmacist—the pharmacist is absent from the hospital at the time the restricted drug is supplied.

s 176 sub 1997 SL No. 64 s 34

amd 1999 SL No. 258 s 16; 2001 SL No. 205 s 23; 2004 SL No. 291 s 19; 2008 SL No. 422 s 23

178Ship’s master

(1)The master of a ship in the State is authorised to obtain a restricted drug for use on the ship, or possess a restricted drug on the ship, to the extent necessary to comply with the Navigation Act 2012 (Cwlth), the domestic commercial vessel national law or the Transport Operations (Marine Safety) Act 1994.
(2)Otherwise, the master of a ship in the State is authorised to obtain, possess or administer a restricted drug, only if—
(a)for obtaining a restricted drug—
(i)the purchase order for the drug is signed by a doctor; and
(ii)the drug is obtained for use on the ship; or
(b)for possessing a restricted drug—the drug is possessed for use on the ship; or
(c)for administering a restricted drug—the drug is administered on the ship—
(i)for the treatment of a person in an emergency; and
(ii)on a doctor’s oral or written instruction.

s 178 sub 2003 SL No. 348 s 23

amd 2016 SL No. 154 s 253 sch 10

179State analysts

(1)To the extent necessary to perform a State analyst’s official duties, a State analyst is authorised to—
(a)obtain or manufacture a restricted drug; or
(b)possess a restricted drug at the place where the analyst is performing official duties; or
(c)use a restricted drug for official purposes or destroy it.
(2)A trainee State analyst under the personal supervision of a State analyst is authorised to—
(a)obtain or manufacture a restricted drug; or
(b)possess a restricted drug at the place where the trainee is performing official duties; or
(c)use a restricted drug for official purposes or destroy it.

s 179 amd 2011 SL No. 4 s 61

179AAA State forensic and scientific service facilities

(1)To the extent necessary to perform the person’s official duties, the person in charge of a forensic and scientific facility operated by the State is authorised to—
(a)possess a restricted drug; or
(b)destroy a restricted drug.
(2)The person in charge may delegate the authority to an appropriately qualified officer of the department.
(3)In this section—
appropriately qualified, for an officer of the department, includes having the qualifications, experience or standing appropriate to the exercise of the authority.

s 179AAA ins 2011 SL No. 4 s 62

179AA Trainees in certain occupations

(1)This section applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to carry out a relevant occupation.
(2)To the extent necessary to undergo the course of training, the trainee is authorised to—
(a)possess a restricted drug under the direction of an authorised person carrying out the relevant occupation; or
(b)administer a restricted drug under the personal supervision of an authorised person carrying out the relevant occupation.
(3)However, a trainee may only possess or administer a restricted drug under subsection (2), if—
(a)the authorised person is authorised under this regulation to possess or administer the drug; and
(b)the trainee possesses or administers the drug under the conditions (if any) that would apply to the possession or administration of the drug by the authorised person.
(4)In this section—
relevant occupation means an occupation as a dentist, doctor, indigenous health worker, midwife, optometrist, orthoptist, podiatrist, registered nurse or veterinary surgeon.

s 179AA ins 2003 SL No. 348 s 24

amd 2011 SL No. 306 s 10

179AUniversities

(1)To the extent necessary for use in research or teaching at a university, the vice-chancellor of the university is authorised to—
(a)obtain a restricted drug; or
(b)possess a restricted drug at the university; or
(c)give a restricted drug to a member of the faculty or staff of the university.
(2)The vice-chancellor may delegate the authority to the bursar or another appropriately qualified officer of the university.
(3)In this section—
appropriately qualified, for an officer of a university, includes having the qualifications, experience or standing appropriate to the exercise of the power.

s 179A ins 2000 SL No. 333 s 65

amd 2003 SL No. 255 s 19

179BVeterinary nurses

(1)To the extent necessary to practise veterinary nursing, a veterinary nurse who has successfully completed a certified course of training relating to the use of restricted drugs with animals is authorised to—
(a)possess a restricted drug at the place where the person practises veterinary nursing; or
(b)administer a restricted drug to an animal—
(i)under the supervision of a veterinary surgeon; or
(ii)if the restricted drug is a dispensed medicine, under the directions on the label attached to the dispensed medicine’s container.
(2)Subsection (3) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as a veterinary nurse.
(3)To the extent necessary to undergo the course of training, the trainee is authorised to—
(a)possess a restricted drug under the direction of a veterinary nurse mentioned in subsection (1) at the place where the veterinary nurse practises veterinary nursing; and
(b)administer a restricted drug to an animal—
(i)under the personal supervision of a veterinary surgeon; or
(ii)if the restricted drug is a dispensed medicine, under the directions on the label attached to the dispensed medicine’s container.

s 179B ins 2000 SL No. 333 s 65

amd 2003 SL No. 348 s 25

180Veterinary surgeons

(1)To the extent necessary to practise veterinary medicine, a veterinary surgeon is authorised to—
(a)obtain a restricted drug; or
(b)possess a restricted drug at a place occupied by the veterinary surgeon; or
(c)if the veterinary surgeon is reasonably satisfied that an animal the veterinary surgeon is treating needs a restricted drug for a therapeutic use as part of the animal’s veterinary treatment—
(i)administer the drug to the animal; or
(ii)dispense or prescribe the drug for the animal; or
(iii)obtain the drug for the animal; or
(iv)sell a restricted drug to a person for the person’s animal.
(2)A veterinary surgeon is authorised to obtain, possess or use a restricted drug, other than a regulated restricted drug, for a genuine research or teaching purpose.

s 180 amd 2011 SL No. 4 s 63

181Watch house keepers etc.

To the extent necessary for ensuring a person held at a watch house or police establishment receives a restricted drug lawfully prescribed or supplied for the person as a dispensed medicine, the watch house keeper, or a person performing the duties of watch house keeper at a police establishment, is authorised to—
(a)possess the restricted drug at the watch house or police establishment; or
(b)supply the restricted drug to the person for whom it was dispensed or supplied under the directions stated on the label attached to the medicine’s container.

Division 4 General

183When endorsement is not needed

(1)A person does not need an endorsement under this regulation merely to deliver a restricted drug to a person for whom it has been dispensed, or the person’s agent.
(2)Also, a person (a carer) does not need an endorsement under this regulation to help another person (an assisted person) to take a restricted drug that has been supplied for the assisted person as a dispensed medicine, if—
(a)the assisted person asks for the carer’s help to take the dispensed medicine; and
(b)the carer helps the assisted person to take the dispensed medicine under the directions on the label attached to the dispensed medicine’s container.
(3)Further, a person does not need an endorsement to administer, dispense, issue, manufacture, obtain, possess, prescribe, supply or use a restricted drug for an approved clinical trial.

s 183 amd 2000 SL No. 333 s 67; 2003 SL No. 348 s 26; 2011 SL No. 4 s 64; 2015 SL No. 176 s 4

184[Repealed]

s 184 om 1998 SL No. 149 s 37

Part 3 Regulated restricted drugs

185Dinoprost and dinoprostone

A person must not dispense, prescribe, sell or use dinoprost or dinoprostone for human therapeutic use unless the person—
(a)dispenses, prescribes, sells or uses dinoprost or dinoprostone for human therapeutic use under an approval; or
(b)is a specialist medical practitioner in the specialty of obstetrics and gynaecology; or
(c)is a registrar in obstetrics and gynaecology working directly under the supervision of a specialist medical practitioner in the specialty of obstetrics and gynaecology.

Maximum penalty—80 penalty units.

s 185 amd 2000 SL No. 333 s 68; 2010 SL No. 108 s 35; 2018 SL No. 21 s 10 sch 1

186Acitretin, etretinate, isotretinoin and tretinoin

(1)A person must not dispense, obtain, prescribe, sell or use acitretin or etretinate for human therapeutic use or isotretinoin or tretinoin for human oral therapeutic use unless the person—
(a)dispenses, obtains, prescribes, sells or uses the acitretin, etretinate, isotretinoin or tretinoin under an approval; or
(b)is a specialist medical practitioner in the specialty of dermatology or a specialist physician; or
(c)is either—
(i)a registrar in dermatology working directly under the supervision of a specialist medical practitioner in the specialty of dermatology; or
(ii)a registrar training to be a specialist physician working directly under the supervision of a specialist physician.

Maximum penalty—80 penalty units.

(2)The chief executive may grant a person an approval to dispense, obtain, prescribe, sell or use acitretin, etretinate, isotretinoin or tretinoin only if the chief executive is reasonably satisfied the person is a suitable person to hold the approval and the person—
(a)will obtain or use acitretin, etretinate, isotretinoin or tretinoin for genuine research purposes or an approved clinical trial; or
(b)is a doctor who will dispense, prescribe, sell or use acitretin, etretinate, isotretinoin or tretinoin under the supervision of a specialist medical practitioner in the specialty of dermatology or a specialist physician to or for a patient who—
(i)has recently been assessed by a specialist medical practitioner in the specialty of dermatology or a specialist physician as having a therapeutic need for acitretin, etretinate, isotretinoin or tretinoin; and
(ii)lives at a remote place where the patient can not access the services of the specialist medical practitioner or specialist physician in person.
(3)Despite subsection (1)—
(a)a person for whose therapeutic use acitretin or etretinate is dispensed, prescribed or sold under subsection (1) may obtain or use acitretin or etretinate; or
(b)a person for whose oral therapeutic use isotretinoin or tretinoin is dispensed, prescribed or sold under subsection (1) may obtain or use isotretinoin or tretinoin.

s 186 amd 1998 SL No. 149 s 38; 1999 SL No. 258 s 17

sub 2000 SL No. 333 s 69

amd 2001 SL No. 205 s 24; 2003 SL No. 348 s 27; 2010 SL No. 108 s 36; 2011 SL No. 4 s 65; 2012 SL No. 208 s 12; 2015 SL No. 176 s 5; 2018 SL No. 21 s 10 sch 1

186ABexarotene

A person must not dispense, prescribe, sell or use bexarotene for human therapeutic use unless the person—
(a)dispenses, prescribes, sells or uses the bexarotene for human therapeutic use under an approval; or
(b)is a specialist medical practitioner in the specialty of haematology or medical oncology; or
(c)is a registrar in the specialty of haematology or medical oncology working directly under the supervision of a specialist medical practitioner in the specialty of haematology or medical oncology.

Maximum penalty—80 penalty units.

s 186A ins 2000 SL No. 333 s 69

amd 2001 SL No. 205 s 25

sub 2004 SL No. 34 s 16

amd 2005 SL No. 40 s 9; 2010 SL No. 108 s 37; 2018 SL No. 21 s 10 sch 1

186BThalidomide

(1)A person must not dispense, prescribe, sell or use thalidomide for human therapeutic use unless the person—
(a)dispenses, prescribes, sells or uses the thalidomide for human therapeutic use under an approval; or
(b)is a specialist medical practitioner in a prescribed specialty or a specialist physician; or
(c)is either—
(i)a registrar in a prescribed specialty working directly under the supervision of a specialist medical practitioner in the prescribed specialty; or
(ii)a registrar training to be a specialist physician working directly under the supervision of a specialist physician.

Maximum penalty—80 penalty units.

(2)In this section—
prescribed specialty means the specialty of haematology, dermatology, infectious diseases or medical oncology.

s 186B ins 2004 SL No. 34 s 16

amd 2004 SL No. 291 s 20; 2005 SL No. 40 s 10; 2010 SL No. 108 s 38; 2018 SL No. 21 s 10 sch 1

187Clomiphene, cyclofenil, luteinising hormone and urofollitrophin

(1)A person must not dispense, prescribe, sell or use a section 187 drug for human therapeutic use unless the person—
(a)dispenses, prescribes, sells or uses the section 187 drug under an approval; or
(b)is a specialist medical practitioner in the specialty of obstetrics and gynaecology or a specialist physician; or
(c)is either—
(i)a registrar in the specialty of obstetrics and gynaecology working directly under the supervision of a specialist medical practitioner in the specialty of obstetrics and gynaecology; or
(ii)a registrar training to be a specialist physician working directly under the supervision of a specialist physician.

Maximum penalty—80 penalty units.

(2)In this section—
section 187 drug means any of the following regulated restricted drugs—
(a)clomiphene, cyclofenil or another substance specifically prepared to stimulate ovulation;
(b)luteinising hormone;
(c)urofollitrophin (human follicle stimulating hormone).

s 187 amd 1997 SL No. 64 s 36; 2001 SL No. 205 s 26; 2010 SL No. 108 s 39; 2018 SL No. 21 s 10 sch 1

188Clozapine

A person must not dispense, prescribe, sell or use clozapine for human therapeutic use unless the person—
(a)dispenses, prescribes, sells or uses the clozapine for human therapeutic use under an approval; or
(b)is a specialist medical practitioner in the specialty of psychiatry; or
(c)is a registrar in psychiatry working directly under the supervision of a specialist medical practitioner in the specialty of psychiatry.

Maximum penalty—80 penalty units.

s 188 amd 2000 SL No. 333 s 70; 2010 SL No. 108 s 40; 2018 SL No. 21 s 10 sch 1

188ABosentan

A person must not dispense, prescribe, sell or use bosentan for human therapeutic use unless the person—
(a)dispenses, prescribes, sells or uses the bosentan for human therapeutic use under an approval; or
(b)is a specialist medical practitioner in the specialty of cardiology, rheumatology or respiratory and sleep medicine; or
(c)is a registrar in cardiology, rheumatology or respiratory and sleep medicine working directly under the supervision of a specialist medical practitioner in the specialty of cardiology, rheumatology or respiratory and sleep medicine.

Maximum penalty—80 penalty units.

s 188A prev s 188A ins 1998 SL No. 203 s 3

om 1999 SL No. 8 s 7

pres s 188A ins 2004 SL No. 34 s 17

amd 2010 SL No. 108 s 41; 2011 SL No. 4 s 66; 2018 SL No. 21 s 10 sch 1

188BTeriparatide

A person must not dispense, prescribe, sell or use teriparatide for human therapeutic use unless the person—
(a)dispenses, prescribes, sells or uses the teriparatide for human therapeutic use under an approval; or
(b)is a specialist medical practitioner in the specialty of endocrinology, geriatric medicine or rheumatology or a specialist physician; or
(c)is either—
(i)a registrar in endocrinology, geriatric medicine or rheumatology working directly under the supervision of a specialist medical practitioner in the specialty of endocrinology, geriatric medicine or rheumatology; or
(ii)a registrar training to be a specialist physician working directly under the supervision of a specialist physician; or
(d)is a doctor who dispenses, prescribes, sells or uses teriparatide under the supervision of a specialist medical practitioner in the specialty of endocrinology, geriatric medicine or rheumatology or a specialist physician to or for a patient who—
(i)has recently been assessed by a specialist in endocrinology, geriatrics, internal medicine or rheumatology as having a therapeutic need for teriparatide; and
(ii)lives at a remote place where the patient can not access the services of the specialist medical practitioner or specialist physician in person.

Maximum penalty—80 penalty units.

s 188B ins 2004 SL No. 34 s 17

amd 2010 SL No. 108 s 42; 2011 SL No. 4 s 67; 2018 SL No. 21 s 10 sch 1

189Exemptions for some acts involving certain regulated restricted drugs

(1)This part does not prevent—
(a)a person dispensing a section 189 drug on a lawful prescription written by someone who may prescribe the drug; or
(b)a restricted drug manufacturer or wholesaler selling a section 189 drug; or
(c)a person under medical treatment who is lawfully supplied with a section 189 drug using the drug in the way directed.
(2)Also, this part does not prevent either of the following from being carried out under the supervision of a relevant specialist or registrar under this part—
(a)a doctor or nurse practitioner administering, or giving an oral or written instruction to administer, a section 189 drug to a person who is an inpatient in a hospital (the inpatient);
(b)a nurse administering a section 189 drug to an inpatient in a hospital under an oral or written instruction mentioned in paragraph (a).
(3)Subsection (2) applies only if the inpatient was receiving treatment with the section 189 drug immediately before becoming an inpatient in the hospital.
(4)In this section—
section 189 drug means any of the following regulated restricted drugs—
(a)acitretin;
(b)etretinate;
(c)isotretinoin;
(d)thalidomide;
(e)dinoprost;
(f)dinoprostone;
(g)urofollitrophin (human follicle stimulating hormone);
(h)luteinising hormone;
(i)clomiphene, cyclofenil or another substance specifically prepared to stimulate ovulation;
(j)clozapine;
(k)tretinoin;
(l)bosentan;
(m)bexarotene;
(n)teriparatide.

s 189 amd 1998 SL No. 149 s 39; 1999 SL No. 258 s 18; 2001 SL No. 205 s 27; 2004 SL No. 34 s 18; 2011 SL No. 4 s 68

Part 4 Prescribing and dispensing restricted drugs

pt hdg sub 1998 SL No. 149 s 40

Division 1 Prescribing restricted drugs

190Prescribing restricted drugs

(1)A prescriber must not prescribe a restricted drug unless the prescription is made in a way that complies with this section.

Maximum penalty—60 penalty units.

(2)The following particulars must appear on the front of a paper prescription or in an electronic prescription—
(a)the prescriber’s name, professional qualifications and address;
(b)the date it is made;
(c)if the restricted drug is for human use—the name and address of the person for whose use it is prescribed;
(d)if the restricted drug is for an animal—the name and address of the animal’s owner;
(e)the description of the restricted drug or the name of the preparation and the quantity or volume (in figures) of the drug or preparation;
(f)adequate directions about the use of the restricted drug;
(g)the dose to be taken or administered;
(h)if a prescriber, other than a veterinary surgeon, prescribes a dose that is more than the official dose—
(i)for a paper prescription—a direction, to dispense the higher dose, that is underlined and initialled by the doctor, nurse practitioner or physician’s assistant; or
(ii)for an electronic prescription—an indication that the prescription is for a dose that is more than the official dose;
(i)if a prescriber intends that the restricted drug be dispensed more than once—a direction stating the number of times (after the first) the drug may be dispensed;
(j)if the restricted drug is a regulated restricted drug—‘Approved’;
(k)if the prescriber is a veterinary surgeon—‘For animal treatment only’;
(l)if the prescriber is a dentist—‘For dental treatment only’;
(m)if the prescriber is an optometrist—‘For ocular treatment only’;
(n)if the prescriber is a surgical podiatrist—‘For treatment of foot conditions only’.
(3)All particulars on a paper prescription (other than the prescriber’s name, professional qualifications and address) must be handwritten.
(4)However, a paper prescription may be generated—
(a)by a computer if the way the prescription is generated complies with appendix 4 of this regulation; or
(b)in another certified way.
(5)The prescriber must sign a paper prescription or electronically sign an electronic prescription.
(5A)Despite subsection (5), the prescriber may use another certified way to indicate the prescriber’s approval of the particulars in the prescription, if the prescription—
(a)is generated by a computer; and
(b)is to be dispensed at a pharmacy operated by the State.
(6)If the prescriber amends a prescription—
(a)for a paper prescription—the prescriber must initial and date the amendment; or
(b)for an electronic prescription—the prescriber must make the amendment in a certified way.

s 190 amd 1997 SL No. 323 s 7; 2000 SL No. 333 s 71; 2005 SL No. 40 s 11; 2005 SL No. 314 s 15; 2006 SL No. 308 s 14; 2007 SL No. 18 s 20; 2008 SL No. 422 s 24; 2011 SL No. 4 s 69

191Restrictions on making prescriptions

(1)A prescriber must not make an entry in a prescription in code unless the code is certified.

Maximum penalty—20 penalty units.

(2)A veterinary surgeon must not make a repeat prescription for a restricted drug authorising a dispenser to sell the drug under the prescription more than twice.

Maximum penalty—40 penalty units.

(3)A dentist must not make a prescription for more than the official dose.

Maximum penalty—40 penalty units.

s 191 amd 2000 SL No. 333 s 72; 2007 SL No. 18 s 21; 2011 SL No. 4 s 70

192Oral prescription

(1)A prescriber may give a dispenser an oral prescription for a restricted drug the prescriber is endorsed to prescribe.
(2)Within 24 hours after giving the oral prescription, the prescriber must ensure a paper prescription for the drug is sent by facsimile transmission to the dispenser.

Maximum penalty—20 penalty units.

(3)Within 7 days after giving the oral prescription, the prescriber must send a paper prescription by post or by hand or send an electronic prescription for the drug to the dispenser.

Maximum penalty—40 penalty units.

(4)If the dispenser does not receive a paper or electronic prescription for the drug from the prescriber within 14 days after being given the oral prescription, the dispenser must immediately give a written report about the circumstances to the chief executive.

Maximum penalty—20 penalty units.

s 192 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 73; 2004 SL No. 34 s 19; 2005 SL No. 314 s 16; 2007 SL No. 18 s 22; 2008 SL No. 422 s 25

sub 2010 SL No. 113 s 4

192AA Faxed prescription

(1)A prescriber may give a dispenser a faxed prescription for a restricted drug the prescriber is endorsed to prescribe.
(2)Within 24 hours after giving the faxed prescription, the prescriber must telephone the dispenser and confirm the details of the faxed prescription.

Maximum penalty—20 penalty units.

(3)Within 7 days after giving the faxed prescription, the prescriber must send a paper prescription by post or by hand or send an electronic prescription for the drug to the dispenser.

Maximum penalty—40 penalty units.

(4)If the dispenser does not receive a paper or electronic prescription for the drug from the prescriber within 14 days after being given the faxed prescription, the dispenser must immediately give a written report about the circumstances to the chief executive.

Maximum penalty—20 penalty units.

(5)In this section—
faxed prescription means a paper prescription, that complies with this division, sent by facsimile transmission.

s 192AA ins 2010 SL No. 113 s 4

Division 2 Dispensing restricted drugs

192AQuality standard for dispensing restricted drugs

A pharmacist must not dispense a restricted drug unless the pharmacist—
(a)has prepared or adopted a quality standard for dispensing restricted drugs; and
(b)in dispensing the restricted drug, complies with the quality standard.

Maximum penalty—60 penalty units.

s 192A ins 2006 SL No. 91 s 11

193General conditions of dispensing

(1)A dispenser must not dispense a restricted drug unless—
(a)the drug is dispensed on a prescription that complies with division 1; and
(b)if the prescription is an electronic prescription, the prescription is sent by the prescriber and received by the dispenser by electronic means approved by the chief executive; and
(c)the drug dispensed—
(i)conforms with the prescription; or
(ii)is dispensed under section 195.

Maximum penalty—60 penalty units.

(2)Also, a dispenser must not dispense a restricted drug on a prescription if—
(a)the dispenser knows, or ought reasonably to know, the prescription was obtained because of false information given to the prescriber; or
(b)it is wholly or partly defaced, illegible or obliterated; or
(c)it appears to the dispenser to have been changed by someone other than the prescriber; or
(d)it includes an indication that it has been dispensed or is not to be dispensed; or
(e)it appears to the dispenser to be false in any particular; or
(f)it appears to have been prescribed more than 1 year before the date it is presented to the dispenser; or
(g)if ‘Approved’ must appear on it under section 190 because it is a regulated restricted drug—‘Approved’ does not appear on it.

Maximum penalty—60 penalty units.

(2A)Also, a dispenser must not dispense a restricted drug on a computer-generated paper prescription that has been changed unless the dispenser first contacts the prescriber to check the change is correct.

Maximum penalty—60 penalty units.

(3)Further, a dispenser must not dispense a restricted drug—
(a)more than the number of times stated by a valid repeat direction; or
(b)before the time stated on the prescription that must elapse between each dispensing of the drug.

Maximum penalty—60 penalty units.

(4)If a dispenser reasonably believes a prescription is false in any particular, the dispenser must—
(a)keep the prescription for the time reasonably necessary to enable the dispenser to find out if it is genuine; and
(b)make reasonable inquiries to establish the name and address of the person who gave it to the dispenser.
(5)Subsection (6) applies to a dispenser in relation to a prescription if—
(a)the dispenser is reasonably satisfied the prescription does not comply with division 1; or
(b)under subsection (2), the dispenser does not dispense a restricted drug on the prescription; or
(c)after checking under subsection (2A), the dispenser is reasonably satisfied a change to the prescription is incorrect.
(6)The dispenser must—
(a)cancel the prescription by legibly and permanently indicating on a paper prescription, or entering in an electronic prescription, the following information—
(i)the prescription is not to be dispensed;
(ii)the date;
(iii)the name or initials of the dispenser;
(iv)the name and address of the dispensary; and
(b)send the prescription to the chief executive within 14 days after cancelling it under paragraph (a).

Maximum penalty—40 penalty units.

s 193 amd 1998 SL No. 149 s 41; 1998 SL No. 343 s 12; 2003 SL No. 348 s 28; 2004 SL No. 291 s 21; 2005 SL No. 142 s 4; 2007 SL No. 18 s 23; 2008 SL No. 422 s 26; 2010 SL No. 108 s 43

193AAuthorised prescriber

(1)A dispenser must not dispense a restricted drug on a prescription unless—
(a)the dispenser reasonably believes the prescription was made by a person (an authorised prescriber) who, under this regulation, is endorsed to prescribe the drug; and
(b)if the drug is a specified restricted drug—the address of the authorised prescriber on the prescription is in Queensland.

Maximum penalty—60 penalty units.

(2)In this section—
specified restricted drug means the following restricted drugs—
(a)a regulated restricted drug;
(b)anabolic steroidal agents;
(c)ephedrine;
(d)pseudoephedrine.

s 193A ins 2010 SL No. 108 s 44

194Emergency sale of restricted drugs by pharmacist

(1)Despite section 193(1)(a), a pharmacist may sell a restricted drug to a person without prescription if the pharmacist reasonably believes—
(a)an emergency exists; and
(b)the person seeking the drug is under medical treatment requiring the use of the drug; and
(c)it is essential to continue the treatment for the person’s wellbeing.
(2)The pharmacist—
(a)must not sell more than—
(i)for a restricted drug that is a prepacked liquid, cream, ointment or aerosol—the minimum standard pack; or
(ii)for another restricted drug—3 days supply of the drug; and
(b)must sell the drug in a container that has on it a securely attached label with the following written on it—
(i)‘Keep out of reach of children’ in red on a background of contrasting colour and in bold-faced sans serif capital letters with a face depth of at least 1.5mm;
(ii)‘Emergency supply’ in a colour contrasting with the background colour and in bold-faced sans serif capital letters with a face depth of at least 1.5mm;
(iii)the name of the person for whose treatment it is intended;
(iv)the name and address of the pharmacy;
(v)the date of sale;
(vi)a description of the contents in the form of the approved name of the preparation, the trade name of the preparation, or the approved name of each drug or poison present in the preparation.

Maximum penalty—40 penalty units.

(3)The pharmacist in charge of a dispensary at which restricted drugs are sold under this section must keep a record book (the emergency supply book) about the sale of the drugs at the dispensary.

Maximum penalty—40 penalty units.

(4)The pharmacist must, when selling a restricted drug under this section, record in the emergency supply book—
(a)the name and address of the person to whom the drug was sold; and
(b)the date the drug is sold; and
(c)the description and quantity or volume of the drug sold; and
(d)the directions given for the use of the drug; and
(e)the name of the doctor or nurse practitioner who last prescribed the drug.

Maximum penalty—40 penalty units.

s 194 amd 1997 SL No. 64 s 37; 2004 SL No. 291 s 22

195Dispensing generic drugs

(1)This section applies if a restricted drug is specified in a prescription by a brand name (the specified drug) and the drug is also available under another brand name or without a brand name (both the generic drug).
(2)A dispenser may dispense the generic drug in place of the specified drug if the drug is dispensed at a public sector hospital.
(3)Also, a dispenser may dispense the generic drug in place of the specified drug at a place other than a public sector hospital if—
(a)the specified drug and the generic drug are both drugs to which a pharmaceutical benefit applies under the National Health Act; and
(b)the prescriber did not indicate on the prescription that only the specified drug was to be dispensed; and
(c)either—
(i)both of the following apply—
(A)the schedule of pharmaceutical benefits, issued by the Commonwealth department within which the National Health Act is administered, states the specified drug and the generic drug are equivalent;
(B)a determination is in force for the generic drug under the National Health Act, section 85(6); or
(ii)if the dispenser is a pharmacist, the pharmacist has, using a relevant process under the pharmacist’s quality standard for dispensing restricted drugs, confirmed the specified drug and the generic drug are equivalent; and
(d)it is lawful to dispense the generic drug on prescription; and
(e)the person to whom it is dispensed asks for, or agrees to, the dispensing of the generic drug in place of the specified drug.
(4)If a generic drug is dispensed, the dispenser must enter, in the prescription—
(a)the brand name of the generic drug; or
(b)if the generic drug does not have a brand name, the name of the manufacturer of the drug.

Maximum penalty—20 penalty units.

s 195 amd 1997 SL No. 64 s 38; 2007 SL No. 18 s 24; 2011 SL No. 4 s 71

197Dealing with prescriptions

(1)A dispenser must, when dispensing a restricted drug on a paper prescription, legibly and permanently indicate the following information on the prescription—
(a)the prescription has been dispensed;
(b)the date;
(c)the name or initials of the dispenser;
(d)the name and address of the dispensary;
(e)for a repeat prescription—the repeat number;
(f)for the last repeat of a repeat prescription, other than a duplicate of a prescription issued under the National Health Act or Veterans Entitlements Act—the prescription is not to be dispensed.

Maximum penalty—40 penalty units.

(2)A dispenser must, when dispensing a restricted drug on an electronic prescription, enter the following information in the prescription—
(a)the prescription has been dispensed;
(b)the date;
(c)the name or initials of the dispenser;
(d)the name and address of the dispensary;
(e)for a repeat prescription—the repeat number.

Maximum penalty—40 penalty units.

(3)Subsection (4) applies if a dispenser is asked to dispense a section 197 restricted drug for a person—
(a)more frequently than appears to be reasonably necessary; or
(b)in a greater quantity or volume than appears to be reasonably necessary.
(4)The dispenser must immediately give the chief executive a written notice about—
(a)the circumstances in which the dispenser has been asked to dispense the section 197 restricted drug; and
(b)the quantity or volume of the section 197 restricted drug dispensed; and
(c)when it has been dispensed for the person.

Maximum penalty—40 penalty units.

(5)In this section—
section 197 restricted drug means—
(a)restricted drug of dependency; or
(b)an anabolic steroidal agent that is a restricted drug.

s 197 amd 1997 SL No. 64 s 40; 1998 SL No. 343 s 12; 2007 SL No. 18 s 26; 2011 SL No. 4 s 72

198Labelling dispensed medicines

(1)A person who sells a restricted drug as a dispensed medicine must securely attach to the medicine’s container a label, as required by this section, with the following warnings printed on it—
(a)‘Keep out of reach of children’;
(b)if the prescriber is a veterinary surgeon—‘For animal treatment only’.

Maximum penalty—40 penalty units.

(2)The warnings must be printed in red on a background of contrasting colour and in bold-faced sans serif capital letters with a face depth of at least 1.5mm.
(3)The label must also have written on it—
(a)if the dispensed medicine is for human use—the name of the person for whose use it is intended; and
(b)if the dispensed medicine is for an animal—the name of the animal’s owner; and
(c)the name and address of—
(i)the person selling the dispensed or supplied medicine; or
(ii)the business from which the dispensed or supplied medicine is sold; and
(d)a description of the name of the dispensed medicine under subsection (4) or (5); and
(e)a description of the strength of, and the quantity or volume of, the dispensed medicine; and
(f)directions about the use of the medicine; and
(g)the date the medicine is sold; and
(h)the seller’s initials; and
(i)if the medicine is for internal human therapeutic use and is a substance in appendix K of the current Poisons Standard—
(i)‘This medication may cause drowsiness. If affected do not drive a vehicle or operate machinery. Avoid alcohol.’; or
(ii)‘This medication may cause drowsiness and may increase the effects of alcohol. If affected do not drive a motor vehicle or operate machinery.’; and
(j)if the medicine’s expiry date is not visible—the medicine’s expiry date; and
(k)if the medicine is acitretin, adapalene, bexarotene, bosentan, etretinate, isotretinoin for oral use, leflunomide, levocabastine, misoprostol, tretinoin for oral use or thalidomide—the warning statements given for the drugs in appendix F, part 1 of the current Poisons Standard.
(4)The dispensed medicine must be described by—
(a)its approved name; or

Note—

For the definition approved name see part 1 of the current Poisons Standard.
(b)the name the prescriber entered in the prescription or, if a different brand of the medicine is dispensed, the name, if any, of the brand dispensed; or
(c)its trade name; or
(d)the approved name of each restricted drug in the medicine; or
(e)the name of each restricted drug in the medicine as entered in the prescription.
(5)Despite subsection (4), a doctor may state in a prescription that the contents of a dispensed medicine must be described in another way that is not a false description.
(6)However, the warnings mentioned in subsection (1) and the words mentioned in subsection (3)(i)(i) or (ii) need not be printed or written on the label if the warning—
(a)appears on the dispensed or supplied medicine’s container; and
(b)is clearly visible after the label is attached to the container.

s 198 amd 1998 SL No. 149 s 42; 2003 SL No. 348 s 29; 2004 SL No. 34 s 20; 2005 SL No. 40 s 12; 2007 SL No. 18 s 27; 2011 SL No. 4 s 73; 2011 SL No. 306 ss 4, 11

198ASale of restricted drug after expiry date

A person must not sell a restricted drug after the expiry date for the drug stated on the container for the drug or a label attached to the container.

Maximum penalty—60 penalty units.

s 198A ins 2011 SL No. 4 s 74

199Records of restricted drugs dispensed to be kept

(1)The pharmacist in charge of a dispensary must keep records, as required by this section, of all restricted drugs dispensed at the dispensary.

Maximum penalty—40 penalty units.

(2)The pharmacist may keep the records in the way the pharmacist considers appropriate, including, for example, in an electronic form.
(3)Each entry made in the records must include—
(a)the name and address of the person for whose use a restricted drug is dispensed; and
(b)the date the drug is dispensed; and
(c)the description and quantity or volume of the drug dispensed; and
(d)the directions for use as entered in the prescription; and
(e)the name and address of the prescriber; and
(f)a distinguishing number given to the prescription by the pharmacist; and
(g)the initials of the dispenser.
(4)If the drug is dispensed on a repeat prescription and the dispenser has previously recorded the particulars mentioned in subsection (3) for the prescription, the dispenser need only record—
(a)that the prescription is a repeat prescription; and
(b)the date the drug is dispensed and the initials of the dispenser.
(5)A person must not change, delete, obliterate or cancel an entry in a record kept under this section.

Maximum penalty—40 penalty units.

(6)However, the person who made the entry may correct the entry—
(a)if it is in a book—by a signed and dated marginal note or footnote giving the date of the correction and the correct particulars; or
(b)for a record kept in another form—by a note, that does not prevent the original or existing entry being read, of—
(i)the person’s name; and
(ii)the correct details; and
(iii)the date of the correction.

s 199 amd 2000 SL No. 333 s 36; 2004 SL No. 34 s 21; 2007 SL No. 18 s 28

Part 5 Obtaining and selling restricted drugs on purchase order

pt hdg sub 1998 SL No. 149 s 43; 1998 SL No. 343 s 14

200Authorised persons to obtain restricted drugs on purchase order

(1)An authorised person must not obtain a restricted drug other than on a purchase order complying with this section.

Maximum penalty—60 penalty units.

(2)The purchase order must have on its front—
(a)the date it is written; and
(b)the name and address of the person placing the order; and
(c)the description and quantity or volume of the drug to be supplied; and
(d)a number that allows the purchase order to be distinguished from other purchase orders used by the person ordering the restricted drug.
(3)A purchase order placed by a dentist, doctor, endorsed podiatrist, midwife, nurse practitioner, optometrist, pharmacist, podiatrist or veterinary surgeon—
(a)must be signed by the dentist, doctor, endorsed podiatrist, midwife, nurse practitioner, optometrist, pharmacist, podiatrist or veterinary surgeon placing the order; and
(b)if it is placed—
(i)by an endorsed podiatrist—must have ‘Section 172B’ written on it; or
(ii)by a midwife—must have ‘Section 167’ written on it; or
(iii)by a nurse practitioner—must have ‘Section 175’ written on it; or
(iv)by an optometrist—must have ‘Section 170' written on it; or
(v)by a podiatrist—must have ‘Section 172’ written on it; or
(vi)by a surgical podiatrist—must have ‘Section 172A’ written on it.
(4)A purchase order for restricted drugs placed by or for an entity, or to be used at a place, mentioned in appendix 3, part 2, column 1 of this regulation must be signed by—
(a)the person appearing opposite the entity or place in column 2; or
(b)any 1 of the persons appearing opposite the entity or place in column 2.

s 200 amd 1998 SL No. 149 s 44; 1999 SL No. 258 s 20; 2006 SL No. 308 s 15; 2012 SL No. 208 s 13; 2014 SL No. 81 s 7; 2016 SL No. 17 s 27

201Sale of restricted drugs to authorised persons

(1)A person must not sell a restricted drug to an authorised person (other than a ship’s master) unless the drug is sold—
(a)on a purchase order complying with this part; or
(b)if the person placing the order has an approval to obtain the drug—on production of the approval.

Maximum penalty—60 penalty units.

(2)A person must not sell a restricted drug to a ship’s master unless—
(a)the person has an approval to sell the restricted drug to the ship’s master; and
(b)the person receives from the ship’s master a purchase order for the restricted drug, that is signed by—
(i)if the ship’s master is authorised to obtain the drug under section 178(2)—a doctor; or
(ii)otherwise—the ship’s master.

Maximum penalty—60 penalty units.

s 201 amd 1999 SL No. 258 s 21; 2003 SL No. 348 s 30; 2010 SL No. 108 s 46

201AInterstate orders of specified restricted drugs

(1)A person, other than a restricted drug wholesaler, must not sell a specified restricted drug to an authorised person unless the address of the authorised person on the purchase order for the drug is in Queensland.

Maximum penalty—60 penalty units.

(2)Subsection (1) does not apply if the authorised person is a ship’s master.
(3)In this section—
specified restricted drug means any of the following—
(a)a regulated restricted drug;
(b)anabolic steroidal agents;
(c)ephedrine;
(d)pseudoephedrine.

s 201A ins 2010 SL No. 108 s 47

202Delivery of restricted drugs

(1)A person who sells a restricted drug (the seller), or an adult employee of the seller, may—
(a)personally deliver a restricted drug to an authorised person or an adult employee of the authorised person (the buyer) at the seller’s or buyer’s premises; or
(b)send a restricted drug to the buyer by post or a carrier or transport service.
(2)The seller must not deliver or send a restricted drug to the buyer unless the drug is in a securely closed package addressed to the buyer.

Maximum penalty—40 penalty units.

203Dealing with purchase orders

(1)If a pharmacist, or a person who is authorised to dispense a regulated restricted drug under a pharmacist’s personal supervision, sells a regulated restricted drug on a purchase order, the pharmacist or person must write on the front of the order—
(a)the date the drug is sold; and
(b)the name and address of the dispensary at or from which the drug is sold.

Maximum penalty—40 penalty units.

(2)If a pharmacist, or a person authorised to dispense a restricted drug under the personal supervision of the pharmacist, sells a restricted drug (other than a regulated restricted drug) on a purchase order, the pharmacist or person must—
(a)write on the front of the order—
(i)the date the drug is sold; and
(ii)the name and address of the dispensary at or from which the drug is sold; and
(b)sign the order and keep it for 2 years after the date the drug was sold.

Maximum penalty—40 penalty units.

(3)If a person (other than a person mentioned in subsection (2)) sells a restricted drug on a purchase order, the person must—
(a)write the date of the sale on the front of the order and sign the order; and
(b)keep the order for 2 years after the date of the sale.

Maximum penalty—40 penalty units.

(4)If the order is for the sale of a restricted drug to a ship’s master, the person selling the drug, whether under subsection (1), (2) or (3), must also write on the duplicate of the order the information required under the relevant subsection.

Maximum penalty—40 penalty units.

(5)A duplicate of an order written under the National Health Act is taken to be a purchase order for subsection (1), (2) or (3).

s 203 amd 1998 SL No. 343 s 12; 2011 SL No. 4 s 75

Part 6 Possession and use of restricted drugs

204Unlawful possession of restricted drugs

A person must not possess a restricted drug that the person did not lawfully obtain.

Maximum penalty—60 penalty units.

s 204 amd 2000 Act No. 28 s 26 sch; 2001 SL No. 205 s 28; 2011 SL No. 4 s 76

205Possession by user

(1)A person who lawfully obtains a restricted drug may possess the drug for the time reasonably necessary for the person to use the drug for the purpose and in the way the authorised person directs.
(2)The person must—
(a)keep the restricted drug in the person’s possession until it is used; and
(b)use the restricted drug, or allow it to be used, only for the purpose for which it was obtained.

Maximum penalty—40 penalty units.

s 205 amd 2000 SL No. 333 s 74

206[Repealed]

s 206 om 1997 SL No. 64 s 41

Part 7 Records of restricted drugs

207Records of restricted drugs supplied to be kept

(1)The director of nursing of a hospital, or the registered nurse in charge of a hospital, must keep records, as required by this section, of all restricted drugs supplied by a nurse at the hospital under section 175(3) or 176.

Maximum penalty—40 penalty units.

(1A)Each of the following nurses must keep records, as required by this section, of all restricted drugs supplied by the nurse under section 175
(a)a rural and isolated practice area endorsed nurse;
(b)a registered nurse practising nursing under a sexual health program;
(c)a nurse practitioner.

Maximum penalty—40 penalty units.

(1B)An isolated practice area paramedic must keep records, as required by this section, of all restricted drugs supplied by the paramedic under section 174(2A).

Maximum penalty—40 penalty units.

(2)The records must be kept in one of the following ways—
(a)written entries in a bound book with consecutively numbered pages, made in the order in which the transactions happen;
(b)entries stored in the computer system that has enough capacity and backup capability for the purpose;
(c)another certified way.
(3)An entry in the record book about a restricted drug must include—
(a)the name and address of the person for whose use the restricted drug is supplied; and
(b)the date the restricted drug is supplied; and
(c)the description and quantity or volume of the restricted drug supplied; and
(d)the directions for use stated in the instruction on which, or the drug therapy protocol under which, the restricted drug is supplied; and
(e)for an instruction, the name of the person who gave the instruction; and
(f)the initials of the nurse supplying the restricted drug.
(4)A person must not cancel, change or obliterate an entry in a record book kept under this section.

Maximum penalty—40 penalty units.

(5)However, the person who made the entry may correct the entry—
(a)if it is in a book—by a signed and dated marginal note or footnote giving the date of the correction and the correct particulars; or
(b)if it is a computer record—only if a note is made on the record of the change, the date of the change and the name of the person who made the change.

s 207 amd 1997 SL No. 64 s 42; 1997 SL No. 323 s 8; 2000 SL No. 333 s 36; 2001 SL No. 205 s 29; 2005 SL No. 314 s 18; 2007 SL No. 333 s 9; 2011 SL No. 4 s 77; 2016 SL No. 17 s 28

208Records—other approved persons

(1)A person approved under this regulation to administer, obtain, possess, sell or use a restricted drug must keep the records stated in the approval.

Maximum penalty—20 penalty units.

(2)This section does not apply to records that must be kept under another provision of this chapter.

s 208 amd 2000 SL No. 333 s 75

209Exemption of user from keeping records

(1)This part does not apply to a person for a restricted drug if—
(a)the restricted drug was lawfully prescribed for the person or the person’s animal; and
(b)the person uses the restricted drug for the dental, medical, ocular or veterinary purpose for which it is prescribed.
(2)This section does not apply to records that must be kept under another provision of this chapter.

s 209 amd 2005 SL No. 40 s 13

210Records not to be changed but may be corrected

(1)A person must not cancel, change or obliterate an entry in a record kept under section 208.

Maximum penalty—20 penalty units.

(2)However, the person who made the entry may correct the entry by a signed and dated marginal note or footnote giving the correct details.

s 210 amd 1997 SL No. 64 s 43

Part 8 Storage of restricted drugs

211Storage of restricted drugs generally

(1)An authorised person in possession of a restricted drug at a place must keep the drug in a cupboard, dispensary, drawer, storeroom or other part of the place to which the public does not have access.

Maximum penalty—40 penalty units.

(2)Also, an ambulance officer, doctor, rural and isolated practice area endorsed nurse, midwife, nurse practitioner or veterinary surgeon may possess a restricted drug at a place other than the place where the person practises his or her profession.
(3)The ambulance officer, doctor, rural and isolated practice area endorsed nurse, midwife, nurse practitioner or veterinary surgeon must keep the drug in a secure place under his or her personal control.

Maximum penalty—40 penalty units.

(4)This section does not apply to a wholesale representative.

s 211 amd 2001 SL No. 205 s 30; 2005 SL No. 314 s 19; 2016 SL No. 17 s 29

Part 9 Treatment with and dependence on restricted drugs of dependency

pt hdg amd 2000 SL No. 333 s 76

212Restricted drugs of dependency not to be obtained unless information disclosed to dentist, doctor, nurse practitioner or surgical podiatrist

(1)This section applies to a person who—
(a)consults a dentist, doctor, nurse practitioner or surgical podiatrist (the earlier practitioner); and
(b)obtains a restricted drug of dependency or controlled drug, or a prescription for a restricted drug of dependency or controlled drug, from the earlier practitioner; and
(c)consults another dentist, doctor, nurse practitioner or surgical podiatrist (the other practitioner) within 2 months after consulting the earlier practitioner.
(2)A person must not obtain a restricted drug of dependency, or a prescription for a restricted drug of dependency, from the other practitioner unless the person gives the other practitioner details (including quantities) of all restricted drugs of dependency or controlled drugs, and prescriptions for restricted drugs of dependency or controlled drugs, the person has obtained from the earlier practitioner within 2 months before the day the person consults the other practitioner.

Maximum penalty—60 penalty units.

s 212 amd 2006 SL No. 308 s 16

213Approval needed for treating certain drug dependent persons with restricted drugs of dependency

(1)A relevant practitioner must not, without an approval—
(a)dispense or prescribe a restricted drug of dependency for a person the relevant practitioner reasonably believes is a drug dependent person; or
(b)administer or supply a restricted drug of dependency to or for a drug dependent person.

Maximum penalty—60 penalty units.

(2)If a relevant practitioner reasonably believes it is necessary for the relevant practitioner to treat a drug dependent person, or the relevant practitioner proposes to treat a class of drug dependent persons, with a restricted drug of dependency, the relevant practitioner must give the chief executive a report in the approved form about—
(a)if the relevant practitioner reasonably believes it is necessary to treat a drug dependent person—the circumstances of the person’s treatment; or
(b)if the relevant practitioner proposes to treat a class of drug dependent persons—the class of drug dependent persons the relevant practitioner proposes to treat and the proposed treatment of the persons.
(3)The chief executive may ask the relevant practitioner to give the chief executive stated additional information about the treatment of the drug dependent person, or class of drug dependent persons, within a stated reasonable time.
(4)The relevant practitioner must comply with the request, unless the relevant practitioner has a reasonable excuse for not complying with it.

Maximum penalty—20 penalty units.

(5)If the chief executive is reasonably satisfied that, for the welfare of the drug dependent person, or class of drug dependent persons, it is necessary for the relevant practitioner to treat the person, or class of persons, with a restricted drug of dependency, the chief executive may give the relevant practitioner a written approval to administer, dispense, prescribe, supply or use a stated quantity or volume of the restricted drug.
(6)Also, if the chief executive is reasonably satisfied that, for the welfare of the drug dependent person, or class of drug dependent persons, it is necessary for the chief executive to give the relevant practitioner an oral approval to administer, dispense, prescribe, supply or use a stated quantity or volume of the restricted drug of dependency to or for the person or persons, the chief executive may give the oral approval.
(7)However, if the chief executive gives the relevant practitioner an oral approval, the chief executive must give the relevant practitioner written confirmation of the approval as soon as possible after giving the oral approval.
(8)A relevant practitioner to whom an approval has been given about a restricted drug of dependency for a drug dependent person, or class of drug dependent persons, must not administer, dispense, prescribe or supply a restricted drug of dependency to, or use a restricted drug of dependency on, the person or persons other than under the approval.

Maximum penalty—60 penalty units.

(9)This section does not apply to a relevant practitioner treating a drug dependent person as an inpatient in a hospital.
(10)In this section—
relevant practitioner means a doctor, nurse practitioner or surgical podiatrist.

s 213 amd 1998 SL No. 149 s 45; 1998 SL No. 343 s 12

sub 1999 SL No. 258 s 22

amd 2006 SL No. 308 s 17; 2011 SL No. 4 s 78; 2012 SL No. 208 s 14

213AApproval needed for treatment by dentist of drug dependent person with restricted drugs of dependency

(1)A dentist must not, without an approval—
(a)dispense or prescribe a restricted drug of dependency for a person the dentist reasonably believes is a drug dependent person; or
(b)administer or supply a restricted drug of dependency to or for a drug dependent person.

Maximum penalty—60 penalty units.

(2)If a dentist reasonably believes it is necessary for the dentist to treat a drug dependent person with a restricted drug of dependency the dentist must give the chief executive a report in the approved form about the circumstances of the person’s treatment.
(3)The chief executive may ask the dentist to give the chief executive stated additional information about the treatment of the drug dependent person within a stated reasonable time.
(4)The dentist must comply with the request, unless the dentist has a reasonable excuse for not complying with it.

Maximum penalty—20 penalty units.

(5)If the chief executive is reasonably satisfied that, for the welfare of the drug dependent person, it is necessary for the dentist to treat the person with a restricted drug of dependency, the chief executive may give the dentist a written approval to administer, dispense, prescribe, supply or use a stated quantity or volume of the restricted drug.
(6)Also, if the chief executive is reasonably satisfied that, for the welfare of the drug dependent person, it is necessary for the chief executive to give the dentist an oral approval to administer, dispense, prescribe, supply or use a stated quantity or volume of the restricted drug of dependency to or for the person the chief executive may give the oral approval.
(7)However, if the chief executive gives the dentist an oral approval, the chief executive must give the dentist written confirmation of the approval as soon as possible after giving the oral approval.
(8)A dentist to whom an approval has been given about a restricted drug of dependency for a drug dependent person must not administer, dispense, prescribe or supply a restricted drug of dependency to, or use a restricted drug of dependency on, the person other than under the approval.

Maximum penalty for subsection (8)—60 penalty units.

s 213A ins 1999 SL No. 258 s 22

Part 10 General

214Restricted drugs for animals not to be dispensed etc. for human therapeutic use

A person must not, without an approval, dispense, prescribe, sell or use, for human therapeutic use, a restricted drug labelled, manufactured, packed or prepared for use for animal treatment.

Maximum penalty—60 penalty units.

215Restricted drugs for animals not to be administered to humans

A person must not, without an approval, administer to himself, herself or someone else a restricted drug manufactured, prepared, packed or labelled for use for animal treatment.

Maximum penalty—60 penalty units.

216False, misleading or incomplete entries

A person must not make an entry in a book or record required to be kept under this chapter that the person knows is a false, misleading or incomplete entry.

Maximum penalty—60 penalty units.

217Improper use of prescriptions for restricted drugs

(1)A person must not use a prescription, or a document purporting to be a prescription, for a restricted drug to obtain the drug if the prescription or other document is written by someone other than a person—
(a)who may prescribe the drug; and
(b)whose name, professional qualifications and address are legibly written on the prescription.

Maximum penalty—60 penalty units.

(2)A person must not obtain a restricted drug by using a prescription that the person knows falsely states the name or current residential address of the person for whom the drug is prescribed.

Maximum penalty—60 penalty units.

(3)A person must not obtain a restricted drug by using a prescription that has on it an alteration, obliteration or other writing made by someone other than the prescriber who wrote the prescription.

Maximum penalty—60 penalty units.

(4)A person must not change, obliterate or otherwise write on a prescription, unless the person is the prescriber who wrote the prescription.

Maximum penalty—60 penalty units.

(5)Subsections (3) and (4) do not apply to something written on a prescription under this chapter by a dispenser.

s 217 amd 1997 SL No. 64 s 44; 1998 SL No. 149 s 46

218False statements—restricted drugs

(1)A person must not make a statement the person knows is false to obtain a restricted drug from a person endorsed under this regulation to administer, dispense or sell the drug.

Maximum penalty—60 penalty units.

(2)A person must not make a statement the person knows is false to obtain a prescription for a restricted drug from a prescriber.

Maximum penalty—60 penalty units.

(3)A person must not make a statement the person knows is false about a prescription or purchase order for a restricted drug.

Maximum penalty—60 penalty units.

(4)A person must not state a name or residential address the person knows is false to—
(a)a person who may administer, dispense, prescribe or sell a restricted drug; or
(b)an employee or agent of a person mentioned in paragraph (a) in the performance of the employment or agency.

Maximum penalty—60 penalty units.

s 218 amd 2000 SL No. 333 s 77

219Unsafe disposal or use of restricted drugs

A person must not discharge, dispose of or use a restricted drug in a way that—
(a)endangers the life or safety of a person or domestic animal; or
(b)exposes food, drink or a condiment or another drug or a poison to the risk of contamination by the drug; or
(c)gives access to the restricted drug to someone not endorsed to possess it.

Maximum penalty—60 penalty units.

s 219 amd 2000 SL No. 333 s 78

220Advertising of restricted drugs

(1)A person must not advertise, or cause someone else to advertise, a substance that is or contains a restricted drug, whether or not the restricted drug is named in the advertisement.

Maximum penalty—60 penalty units.

(2)However, subsection (1) does not apply to—
(a)an advertisement in a professional or trade journal; or
(b)a price list, advertisement or promotional material intended for circulation only to the wholesale drug trade or the dental, medical, pharmaceutical or veterinary professions; or
(c)a price list that complies with the document called ‘Price Information Code of Practice’, published by the Therapeutic Goods Administration, as in force from time to time.

Editor’s note—

A copy of the Price Information Code of Practice may be obtained from the Therapeutic Goods Administration’s website.

s 220 amd 1998 SL No. 149 s 47; 2003 SL No. 348 s 31; 2008 SL No. 57 s 5

220AAutomatic machines—Act, s 106

For section 106(2) of the Act, the sale or supply of a restricted drug by means of an automatic machine or similar mechanical device is prohibited.

s 220A ins 2004 SL No. 34 s 22

221Safe keeping of restricted drugs

A person must not carry, handle or store a restricted drug in a way that may allow the drug to mix with, or contaminate, food, drink or a condiment or a drug or poison for human or animal use even if the container in which the drug is carried, handled or stored breaks or leaks.

Maximum penalty—40 penalty units.

222Keeping records

A person who must, under this chapter, keep a record or other document about restricted drugs must—
(a)ensure it is kept in good condition, as far as practicable; and
(b)keep it for 2 years after the last entry that is made in it.

Maximum penalty—40 penalty units.

Chapter 4 Poisons

Part 1 Licences

Division 1 General

223Application of pt 1

This part applies to the following types of licences—
(a)poison manufacturer licences;
(b)poison wholesaler licences;
(c)general poison licences;
(d)licences to sell S7 poisons for other than human therapeutic use.

s 223 amd 1998 SL No. 343 s 12

sub 2000 SL No. 333 s 79

224Licence to state business premises and other particulars

(1)A licence under this chapter applies only to the place stated in the licence as the licensee’s business premises.
(2)The chief executive must not state more than 1 place in the licence as the licensee’s business premises.
(3)For a poison manufacturer licence, the chief executive must also state in the licence the title of the position that is to have responsibility for supervising the manufacture of the poison or poisons at the premises.

s 224 amd 1998 SL No. 343 s 12

Division 2 Poison manufacturer licence

225Restrictions on grant of poison manufacturer licence

The chief executive may grant a poison manufacturer licence to a person only if the chief executive is reasonably satisfied—
(a)the person—
(i)intends to carry on business as a poison manufacturer; and
(ii)is a suitable person to manufacture and sell poisons; and
(b)an individual who holds the position responsible for supervising the manufacture of the poison or poisons has the qualifications and experience necessary to effectively supervise the manufacture; and
(c)the premises to be used for manufacturing the poison or poisons are suitable for the purpose.

s 225 amd 1998 SL No. 343 s 12

226Poison manufacturer licence

A poison manufacturer—
(a)may manufacture an S2, S3 or S7 poison; and
(b)is taken to hold a poison wholesaler licence for the poison.

227Offence to manufacture S2, S3 or S7 poisons without licence

A person must not manufacture an S2, S3 or S7 poison unless the person—
(a)holds a poison manufacturer licence for the poison; or
(b)is a State analyst, or a trainee State analyst under the supervision of a State analyst, who manufactures the poison for the analyst’s, or trainee’s, official duties; or
(c)holds an endorsement under section 18(1) to manufacture the poison.

Maximum penalty—60 penalty units.

s 227 amd 1997 SL No. 64 s 45; 2000 SL No. 333 s 80; 2011 SL No. 4 s 79

Division 3 Poison wholesaler licence

228Restrictions on grant of poison wholesaler licence

The chief executive may grant a poison wholesaler licence to a person only if the chief executive is reasonably satisfied—
(a)the person intends to carry on business as a poison wholesaler; and
(b)the person is a suitable person to sell poisons; and
(c)the premises to be used for wholesaling the poisons are suitable for the purpose.

s 228 amd 1998 SL No. 343 s 12

229Poison wholesaler licence

(1)A poison wholesaler may sell an S2, S3 or S7 poison by wholesale to—
(a)an authorised person; or
(b)someone in another State who may obtain the poison under the law of the other State.
(2)Also, a poison wholesaler may sell an S2, S3 or S7 poison by wholesale to a person in another country who may lawfully obtain the poison in the other country.
(3)Subsection (2) does not apply to a poison that is a prohibited export under the Customs Act 1901 (Cwlth).

s 229 amd 1997 SL No. 64 s 46; 2001 SL No. 205 s 31

230Offence to wholesale poisons without licence

(1)A person must not sell an S2, S3 or S7 poison by wholesale unless the person holds a poison manufacturer or poison wholesaler licence for the poison.

Maximum penalty—40 penalty units.

(2)However, subsection (1) does not apply if the person sells the S2, S3 or S7 poison under—
(a)a restricted drug manufacturer licence; or
(b)a restricted drug wholesaler licence.

Division 4 General poison licence

231Restrictions on grant of general poison licence

The chief executive may grant a general poison licence to a person only if the chief executive is reasonably satisfied the person—
(a)is a suitable person to sell S2 poisons; and
(b)intends to sell the poisons at a place more than 25km by road from a pharmacy.

s 231 amd 1998 SL No. 343 s 12; 2002 SL No. 361 s 4; 2005 SL No. 314 s 20; 2011 SL No. 4 s 80

232General licence

The holder of a general poison licence may sell S2 poisons.

s 232 amd 2002 SL No. 361 s 5; 2005 SL No. 314 s 21; 2011 SL No. 4 s 80

Division 5 Licence to sell S7 poisons for other than human therapeutic use

233Restriction on grant of licence to sell S7 poisons other than for human therapeutic use

The chief executive may grant a licence to sell S7 poisons other than for human therapeutic use to a person only if the chief executive is reasonably satisfied the person is a suitable person to sell the poisons.

s 233 amd 1998 SL No. 343 s 12

234Licence to sell S7 poisons other than for human therapeutic use

The holder of a licence to sell S7 poisons other than for human therapeutic use may sell an S7 poison.

Division 6 General restrictions on sale of poisons

235Wholesale and retail sales by manufacturers and wholesalers

(1)A poison manufacturer or wholesaler must not sell an S2, S3 or S7 poison by wholesale to someone who may not sell the poison by retail.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to a poison wholesaler—
(a)selling an S2 poison to an optometrist, physiotherapist or podiatrist; or
(b)selling an S2 or S3 poison to—
(i)a dentist, doctor, endorsed podiatrist, nurse practitioner, pharmacist or veterinary surgeon; or
(ii)the director of nursing of an institution; or
(iii)a rural and isolated practice area endorsed nurse; or
(iv)a person whom the wholesaler is reasonably satisfied has an obligation to comply with the Navigation Act 2012 (Cwlth), the domestic commercial vessel national law or the Transport Operations (Marine Safety) Act 1994 in the supply of first aid requisites for life rafts; or
(v)the vice-chancellor of a university; or
(vi)a Queensland approved provider of a QEC approved service; or
(vii)an educator in a QEC approved service; or
(viii)a person who may administer an S2 or S3 poison under an approval; or
(ix)an approved provider of an education and care service; or
(x)an educator in an education and care service; or
(c)selling an S7 poison by retail—
(i)to a person mentioned in paragraph (b); or
(ii)if a primary producer reasonably satisfies the wholesaler the poison is to be used on the person’s property, to a primary producer; or
(iii)if it is cyanide sold in quantities of 50kg or more, to a corporation holding a mining lease under the Mineral Resources Act 1989; or
(iv)to a person who uses the poison in a technical process connected with the person’s business, industry or trade; or
(d)selling S3 salbutamol or S3 terbutaline to a person mentioned in section 256B for use for first aid.
(3)A poison manufacturer or wholesaler must not sell an S2, S3 or S7 poison to a person under subsection (2) unless the person gives the manufacturer or wholesaler a signed purchase order for the poison before the sale.

Maximum penalty for subsection (3)—40 penalty units.

s 235 prev s 235 amd 1997 SL No. 64 s 47; 1997 SL No. 323 s 9; 1998 SL No. 149 s 48

om 2000 SL No. 333 s 81

pres s 235 (prev s 273A) ins 1998 SL No. 149 s 55

amd 1998 SL No. 343 s 12

sub 2000 SL No. 333 s 98

amd 2001 SL No. 205 s 37

reloc and renum 2003 SL No. 348 s 52

amd 2004 SL No. 34 s 23; 2007 SL No. 143 s 11; 2007 SL No. 333 s 10; 2011 SL No. 278 s 12; 2013 SL No. 265 s 81 sch 5pt 2; 2014 SL No. 81 s 8; 2016 SL No. 17 s 30; 2016 SL No. 154 s 253 sch 10

236Other restrictions on sale of poisons

(1)A licensee must not—
(a)possess or sell a poison the person is licensed to sell at a place other than the person’s business premises; or
(b)allow someone other than a competent adult employee of the person to sell a poison under the licence.

Maximum penalty—40 penalty units.

(2)However, a licensee may sell a poison in a street or from place to place if the licensee has an approval to sell in a street or from place to place.

237Records of certain transactions by poison manufacturers and wholesalers

(1)When a poison manufacturer or wholesaler sells an S2, S3 or S7 poison to a person, the manufacturer or wholesaler must give the person an invoice for the poison sold.

Maximum penalty—20 penalty units.

(2)The manufacturer or wholesaler must ensure the invoice has a unique number and states—
(a)the date of the sale; and
(b)the name and address of the person to whom the poison is sold; and
(c)the name of the poison and the quantity or volume of it sold.

Maximum penalty—20 penalty units.

(3)The manufacturer or wholesaler must keep a record of the details contained in an invoice for 2 years after the date of the invoice.

Maximum penalty—20 penalty units.

(4)If the manufacturer or wholesaler has more than 1 licence and the manufacturer’s or wholesaler’s records are kept on a computer at the manufacturer’s or wholesaler’s central or main office, records for each licence must be kept at the relevant business premises.

Maximum penalty—20 penalty units.

s 237 amd 2000 SL No. 333 s 82

Part 2 Permits for cyanide and strychnine

pt hdg sub 2003 SL No. 348 s 32

Division 1 Cyanide

div hdg prev div 1 hdg om 2003 SL No. 348 s 33

pres div 1 hdg (prev div 2 hdg) renum 2003 SL No. 348 s 34

238Obtaining, possession or use of cyanide

(1)A person must not obtain, possess or use cyanide unless the person—
(a)is endorsed, under this regulation, to obtain, possess or use cyanide; or
(b)holds a cyanide permit for the cyanide.

Maximum penalty—80 penalty units.

(2)A person who possesses cyanide under a cyanide permit must not possess more cyanide than the maximum quantity stated in the permit.

Maximum penalty—80 penalty units.

(3)Subsection (1)(b) does not apply to possession of cyanide by a person under section 239(5)(b).

s 238 prev s 238 amd 1998 SL No. 343 s 12

sub 2000 SL No. 333 s 83

om 2003 SL No. 348 s 33

pres s 238 (prev s 280) amd 1998 SL No. 149 s 58; 2000 SL No. 333 s 101; 2003 SL No. 348 s 54 (1)–(2)

reloc and renum 2003 SL No. 348 s 54 (3)

amd 2005 SL No. 40 s 14

238ARestriction on sale of cyanide

(1)A person must not—
(a)sell cyanide to a person unless the person gives the seller a cyanide permit that is in force; or
(b)sell to a purchaser more cyanide, in total, than is stated in the permit.

Maximum penalty—60 penalty units.

(2)However, subsection (1)(a) does not apply to a person who is endorsed, under this regulation, to sell cyanide to the following—
(a)a person who is endorsed, under this regulation, to obtain, possess or use cyanide;
(b)another person who is endorsed, under this regulation, to sell cyanide.
(3)The seller must—
(a)write on the front of the permit—
(i)the date the cyanide is sold; and
(ii)the quantity of cyanide sold; and
(iii)the seller’s name and address; and
(iv)if the full amount of the cyanide stated in the permit has been sold—the word ‘Cancelled’; and
(b)sign the permit; and
(c)return the permit to the permit holder.

Maximum penalty—40 penalty units.

(4)Despite subsection (3)(a)(iv), the cancellation of the permit only relates to the permit holder’s endorsement to obtain cyanide.

s 238A (prev s 281) amd 2000 SL No. 333 s 102

reloc and renum 2003 SL No. 348 s 55

amd 2005 SL No. 314 s 22

239Requirements for cyanide obtained outside the State

(1)This section applies to a person who obtains cyanide from someone in another State.
(2)Subsection (3) applies if the person has a cyanide permit for the cyanide before obtaining the cyanide.
(3)The person must—
(a)as soon as possible after obtaining the cyanide, attach to the cyanide permit a document evidencing acquisition of the cyanide; and
(b)ensure the document remains attached to the cyanide permit while the cyanide permit is in force.

Maximum penalty—40 penalty units.

(4)Subsections (5) and (6) apply if the person—
(a)does not have a cyanide permit for the cyanide before obtaining the cyanide; and
(b)has an interstate permit from the other State for the cyanide.
(5)The person—
(a)must apply for a cyanide permit for the cyanide as soon as possible after the cyanide comes into the person’s possession in the State; and
(b)may only possess the cyanide without a cyanide permit for the time reasonably necessary to obtain a cyanide permit.

Maximum penalty—40 penalty units.

(6)Also, the person must—
(a)as soon as possible after receiving a cyanide permit, attach to it—
(i)the interstate permit for the cyanide; and
(ii)a document evidencing acquisition of the cyanide; and
(b)ensure the interstate permit and the document remain attached to the cyanide permit while the cyanide permit is in force.

Maximum penalty—40 penalty units.

(7)In this section—
interstate permit means a permit or other document issued under a law of another State, equivalent to a cyanide permit.

s 239 sub 2003 SL No. 348 s 35

amd 2005 SL No. 40 s 15

240Permit conditions

(1)The holder of a cyanide permit must keep the permit with the person while the person possesses cyanide.

Maximum penalty—20 penalty units.

(2)Also, the holder of a cyanide permit—
(a)must keep the cyanide locked in a secure place; and
(b)must ensure the key to the place is always in the holder’s possession or the possession of a responsible adult authorised by the holder; and
(c)must not—
(i)leave cyanide in a place to which other people have access; or
(ii)use cyanide for a purpose not stated in the permit; or
(iii)store cyanide at a place not stated in the permit; or
(iv)possess cyanide after the permit expires.

Maximum penalty—40 penalty units.

s 240 amd 2003 SL No. 348 s 36

Division 2 Strychnine

div hdg prev div 2 hdg renum 2003 SL No. 348 s 34

pres div 2 hdg (prev div 3 hdg) renum 2003 SL No. 348 s 34

240AObtaining, possession or use of strychnine

(1)A person must not obtain, possess or use strychnine unless the person—
(a)is endorsed, under this regulation, to obtain, possess or use strychnine; or
(b)holds a strychnine permit for the strychnine.

Maximum penalty—80 penalty units.

(1A)However, a responsible adult authorised by a person who holds a strychnine permit (the permit holder) may possess or use strychnine under the permit but only—
(a)in accordance with the conditions of the permit; and
(b)under the supervision of the permit holder.
(1B)Without limiting subsection (1A)(a), the responsible adult must possess or use the strychnine in accordance with the conditions stated in section 242(2).
(2)A person who possesses strychnine under a strychnine permit must not possess more strychnine than the maximum quantity stated in the permit.

Maximum penalty—80 penalty units.

(3)Subsection (1)(b) does not apply to possession of strychnine by a person under section 241(5)(b).

s 240A (prev s 282) amd 1998 SL No. 149 s 59; 2000 SL No. 333 s 103; 2003 SL No. 348 s 56 (1)–(2)

reloc and renum 2003 SL No. 348 s 56 (3)

amd 2005 SL No. 40 s 16; 2011 SL No. 4 s 81

240BRestriction on sale of strychnine

(1)A person must not—
(a)sell strychnine to a person unless the person gives the seller a strychnine permit that is in force; or
(b)sell to a purchaser more strychnine, in total, than is stated in the permit.

Maximum penalty—60 penalty units.

(2)However, subsection (1)(a) does not apply to a person who is endorsed, under this regulation, to sell strychnine to the following—
(a)a person who is endorsed, under this regulation, to obtain, possess or use strychnine;
(b)another person who is endorsed, under this regulation, to sell strychnine.
(3)The seller must—
(a)write on the front of the permit—
(i)the date the strychnine is sold; and
(ii)the quantity of strychnine sold; and
(iii)the seller’s name and address; and
(iv)if the full amount of the strychnine stated in the permit has been sold—the word ‘Cancelled’; and
(b)sign the permit; and
(c)return the permit to the permit holder.

Maximum penalty—40 penalty units.

(4)Despite subsection (3)(a)(iv), the cancellation of the permit only relates to the permit holder’s endorsement to obtain strychnine.

s 240B (prev s 283) amd 2000 SL No. 333 s 104

reloc and renum 2003 SL No. 348 s 57

amd 2005 SL No. 314 s 23

241Requirements for strychnine obtained outside the State

(1)This section applies to a person who obtains strychnine from someone in another State.
(2)Subsection (3) applies if the person has a strychnine permit for the strychnine before obtaining the strychnine.
(3)The person must—
(a)as soon as possible after obtaining the strychnine, attach to the strychnine permit a document evidencing acquisition of the strychnine; and
(b)ensure the document remains attached to the strychnine permit while the strychnine permit is in force.

Maximum penalty—40 penalty units.

(4)Subsections (5) and (6) apply if the person—
(a)does not have a strychnine permit for the strychnine before obtaining the strychnine; and
(b)has an interstate permit from the other State for the strychnine.
(5)The person—
(a)must apply for a strychnine permit as soon as possible after the strychnine comes into the person’s possession in the State; and
(b)may only possess the strychnine without a strychnine permit for the time reasonably necessary to obtain a strychnine permit.

Maximum penalty—40 penalty units.

(6)Also, the person must—
(a)as soon as possible after receiving a strychnine permit, attach to it—
(i)the interstate permit for the strychnine; and
(ii)a document evidencing acquisition of the strychnine; and
(b)ensure the interstate permit and the document remain attached to the strychnine permit while the strychnine permit is in force.

Maximum penalty—40 penalty units.

(7)In this section—
interstate permit means a permit or other document issued under a law of another State, equivalent to a strychnine permit.

s 241 sub 2003 SL No. 348 s 37

amd 2005 SL No. 40 s 17

242Permit conditions

(1)A person who is the holder of a strychnine permit, or a responsible adult authorised under section 240A(1A) (each a person in possession), must keep either the permit or a copy of the permit with the person while the person possesses strychnine under the permit.

Maximum penalty—20 penalty units.

(2)Also, the person in possession—
(a)must keep the strychnine locked in a secure place; and
(b)must ensure the key to the place is always in the person’s possession or the possession of a responsible adult authorised by the holder; and
(c)must not—
(i)leave strychnine in a place to which other people have access; or
(ii)use strychnine for a purpose not stated in the permit; or
(iii)store strychnine at a place not stated in the permit; or
(iv)possess strychnine after the permit expires.

Maximum penalty—40 penalty units.

s 242 amd 2003 SL No. 348 s 38; 2011 SL No. 4 s 82

Part 3 Endorsements

pt hdg amd 2000 SL No. 333 s 84

Division 1 Preliminary

243Endorsement needed for S2, S3 or S7 poison

(1)A person must not dispense, prescribe, purport to prescribe or sell an S2, S3 or S7 poison unless the person is, under this regulation, endorsed to dispense, prescribe or sell the poison.

Maximum penalty—40 penalty units.

(2)A person must not administer an S2 or S3 poison to someone else unless the person is, under this regulation, endorsed to administer the poison.

Maximum penalty—40 penalty units.

(3)A person who may, under an endorsement, administer, dispense, issue, prescribe or sell an S2, S3 or S7 poison, or write a written instruction or give an oral instruction for an S2, S3 or S7 poison, must not destroy an S2, S3 or S7 poison unless the person is endorsed to destroy the poison.

Maximum penalty—40 penalty units.

(4)A person must not give an oral or written instruction for an S2, S3 or S7 poison unless the person is, under this regulation, endorsed to give the instruction.

Maximum penalty—40 penalty units.

(5)Subsection (6) applies to a person who may only administer, dispense, issue, prescribe or sell a poison, or write a written instruction or give an oral instruction for a poison, at a stated place or under stated conditions.
(6)The person must not administer, dispense, issue, prescribe or sell the poison or write a written instruction or give an oral instruction for the poison at another place or in contravention of the conditions.

Maximum penalty—40 penalty units.

s 243 amd 1998 SL No. 149 s 49

sub 2000 SL No. 333 s 85

amd 2011 SL No. 4 s 83; 2011 SL No. 306 s 12; 2016 SL No. 17 s 31

Division 2 Particular endorsements

div hdg amd 2000 SL No. 333 s 86

246Outposts of Royal Flying Doctor Service

The person in charge of an outpost of the Royal Flying Doctor Service of Australia may administer or supply an S2 or S3 poison at the outpost under an oral or written instruction of a doctor or a nurse practitioner.

s 246 amd 2004 SL No. 291 s 23

sub 2005 SL No. 314 s 24

247[Repealed]

s 247 sub 1999 Act No. 51 s 228 sch

om 2003 SL No. 348 s 39

248Dental hygienists

To the extent necessary to perform a dental hygienist’s functions as a dental hygienist, a dental hygienist is authorised to administer the following S2 and S3 poisons—
(a)fluorides in preparations for topical human therapeutic use;
(b)lignocaine when in preparations for topical human therapeutic use (other than eye drops) that contain not more than 10% lignocaine;
(c)silver salts;
(d)adrenalin of a strength of not more than 0.1%, if administered by a pre-loaded device for the management of anaphylaxis.

Example for paragraph (d)—

an EpiPen

s 248 amd 2000 SL No. 333 s 88; 2001 SL No. 264 s 17 sch 5; 2004 SL No. 27 s 3 (2) sch; 2005 SL No. 40 s 18; 2010 SL No. 108 s 48

sub 2011 SL No. 4 s 85

248ADental therapists

(1)To the extent necessary to perform a dental therapist’s functions as a dental therapist, a dental therapist is authorised to administer the following S2 and S3 poisons—
(a)ether;
(b)fluorides;
(c)lignocaine when in preparations for topical human therapeutic use (other than eye drops) that contain not more than 10% lignocaine;
(d)phenol;
(e)ferric sulphate;
(f)adrenalin of a strength of not more than 0.1%, if administered by a pre-loaded device for the management of anaphylaxis.

Example for paragraph (f)—

an EpiPen
(2)Subsection (3) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as a dental therapist.
(3)To the extent necessary to undergo the course of training, the trainee is authorised to administer the S2 and S3 poisons mentioned in subsection (1).

s 248A (prev s 264) amd 2001 SL No. 264 s 17 sch 5; 2003 SL No. 348 s 45; 2004 SL No. 27 s 3 (2) sch; 2005 SL No. 40 s 21 (1)–(3)

reloc and renum 2005 SL No. 40 s 21 (4)

amd 2007 SL No. 57 s 11; 2007 SL No. 333 s 11; 2010 SL No. 108 s 49

sub 2011 SL No. 4 s 85

248BOral health therapists

(1)To the extent necessary to perform an oral health therapist’s functions as an oral health therapist, an oral health therapist is authorised to administer the following S2 and S3 poisons—
(a)lignocaine when in preparations for topical human therapeutic use (other than eye drops) that contain not more than 10% lignocaine;
(b)silver salts;
(c)ether;
(d)fluorides;
(e)phenol;
(f)ferric sulphate;
(g)adrenalin of a strength of not more than 0.1%, if administered by a pre-loaded device for the management of anaphylaxis.

Example for paragraph (g)—

an EpiPen
(2)Subsection (3) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as an oral health therapist.
(3)To the extent necessary to undergo the course of training, the trainee is authorised to administer the S2 and S3 poisons mentioned in subsection (1).

s 248B ins 2010 SL No. 108 s 50

sub 2011 SL No. 4 s 85

249Dentists

To the extent necessary to practise dentistry, a dentist is authorised to administer, prescribe or supply an S2 or S3 poison.

250Detention centres

(1)A detention centre manager is authorised to issue an S2 or S3 poison to an authorised person who may administer or supply it for the treatment of a child detained at the detention centre.
(2)A detention centre’s director of nursing or medical superintendent, or the pharmacist in charge of a detention centre dispensary, is authorised to issue an S2 or S3 poison to an authorised person who may administer or supply it for the treatment of a child detained at the detention centre.

251Doctors

To the extent necessary to practise medicine, a doctor is authorised to—
(a)administer, dispense, prescribe or supply an S2, S3 or S7 poison; or
(b)give someone who may administer or supply an S2 or S3 poison an oral or written instruction to administer or supply the poison.

s 251 amd 2004 SL No. 291 s 24

252Enrolled nurses

(1)To the extent necessary to practise nursing, an enrolled nurse is authorised to administer an S2 or S3 poison under the supervision of a dentist, doctor, midwife or registered nurse.
(2)Subsection (3) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as an enrolled nurse.
(3)To the extent necessary to undergo the course of training, the trainee is authorised to administer an S2 or S3 poison under the personal supervision of a dentist, doctor, midwife or registered nurse.

s 252 amd 1998 SL No. 149 s 51; 2003 SL No. 348 s 40; 2005 SL No. 40 s 19

252AHospital pharmaceutical assistants

To the extent necessary to perform the person’s pharmaceutical imprest duties in a hospital, a hospital pharmaceutical assistant acting under the supervision of a pharmacist, is authorised to issue an S2 or S3 poison to an authorised person for treatment of the hospital’s patients.

s 252A ins 2001 SL No. 205 s 33

amd 2011 SL No. 4 s 86

252BIndigenous health workers

An indigenous health worker, while practising in an Aboriginal or Torres Strait Islander community in an isolated practice area in a specified Hospital and Health Service, is authorised to administer or supply an S2 or S3 poison under the indigenous health worker isolated practice area DTP.

s 252B (prev s 252A (orig s 244)) amd 1997 SL No. 64 s 48; 1998 SL No. 149 s 50

renum and reloc 1998 SL No. 149 s 50 (6)

sub 1999 SL No. 8 s 8

amd 2000 SL No. 333 s 89; 2001 SL No. 205 s 32 (1)

renum 2001 SL No. 205 s 32 (2)

amd 2012 SL No. 90 s 41 sch; 2016 SL No. 17 s 32

253Inspectors

To the extent necessary to perform an inspector’s official duties, an inspector is authorised to destroy a poison in an emergency or disaster situation.

254Local governments

A local government is authorised to—
(a)sell under the Act an S7 poison for use for disinfection or weed or vermin destruction; or
(b)sell sodium fluoride in a form containing a concentration of not more than 2.2mg of sodium fluoride in each dosage unit.

s 254 amd 2001 SL No. 205 s 34; 2005 SL No. 40 s 20

255Midwives

(1)To the extent necessary to practise midwifery, a midwife is authorised to administer an S2 or S3 poison.
(2)To the extent necessary to practise midwifery in a rural hospital or an isolated practice area, a midwife is authorised to supply an S2 or S3 poison to or for a person requiring treatment at the rural hospital or in the isolated practice area.

s 255 amd 1997 SL No. 323 s 10

sub 2000 SL No. 333 s 90

amd 2004 SL No. 291 s 25; 2007 SL No. 143 s 12

256Optometrists

(1)To the extent necessary to practise optometry, an optometrist is authorised to administer an S2 poison.
(2)Subsection (3) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise optometry.
(3)To the extent necessary to undergo the course of training, the trainee is authorised to administer an S2 poison under the personal supervision of an optometrist.

s 256 amd 2003 SL No. 348 s 41

256AA Orthoptists

(1)To the extent necessary to practise orthoptics, an orthoptist who has the relevant qualifications is authorised to administer an S2 or S3 poison under the orthoptist DTP.
(2)In this section—
relevant qualifications means the qualifications required under the orthoptist DTP to administer an S2 or S3 poison.

s 256AA ins 2011 SL No. 4 s 87

amd 2011 SL No. 306 s 13; 2016 SL No. 17 s 33

256AParticular individuals who provide education and care

(1)Subsection (2) applies to an individual who is—
(a)a Queensland approved provider of a QEC service; or
(b)an educator in a QEC approved service.
(2)The individual is authorised to administer an S2 or S3 poison to a child, with the written consent of a parent or guardian of the child, at a QEC service premises or other place where regulated education and care is being provided in the course of the QEC approved service.
(3)Subsection (4) applies to an individual who is—
(a)an approved provider of an education and care service; or
(b)an educator in an education and care service and an adult.
(4)The individual is authorised to administer an S2 or S3 poison to a child, with the written consent of a parent or guardian of the child, at education and care service premises or another place where education and care is being provided as part of the education and care service.
(5)In this section—
guardian, of a child, means any of the following persons—
(a)a person who is recognised in law as having all the duties, powers, responsibilities and authority relating to the child that, by law, parents have relating to their children;

Note—

See the Family Law Act 1975 (Cwlth), part VII (Children), division 2 (Parental responsibility).
(b)a person in whose favour a parenting order is in force under the Family Law Act 1975 (Cwlth);
(c)a person who is entitled to the care and custody of the child under the Adoption of Children Act 1964.

Note—

Adoption of Children Act 1964—see the Acts Interpretation Act 1954, section 14H and the Adoption Act 2009.
parent, of a child, includes—
(a)for any child—the spouse of a parent of the child; and
(b)for an Aboriginal child—a person who, under Aboriginal tradition, is regarded as a parent of the child; and
(c)for a Torres Strait Islander child—a person who, under Island custom, is regarded as a parent of the child; and
(d)a carer of the child under the Child Protection Act 1999.

s 256A ins 2003 SL No. 29 s 3

amd 2003 SL No. 189 s 130; 2004 SL No. 34 s 24; 2011 SL No. 278 s 13; 2012 SL No. 208 s 15; 2013 SL No. 265 s 81 sch 5pt 2

256BPersons with certain asthma management training

(1)To the extent necessary to perform first aid at a workplace or community event, a person who has completed an asthma management course approved by the chief executive is authorised to administer S3 salbutamol or S3 terbutaline.
(2)In this section—
community event includes a sporting or recreational event.

s 256B ins 2007 SL No. 143 s 13

257Pharmacists

(1)To the extent necessary to practise pharmacy, a pharmacist is authorised to—
(a)dispense or sell, other than by wholesale, an S2, S3 or S7 poison at a dispensary; or
(b)destroy, or otherwise dispose of, an S2 or S3 poison in a way that poses no risk, or only a negligible risk, of a person gaining access to the poison.
(2)A pharmacist is authorised to administer adrenalin of a strength of 0.1% or less to an adult under the pharmacist vaccination program DTP.
(3)A trainee pharmacist may—
(a)sell an S2 or S7 poison at a dispensary under a pharmacist’s direction; or
(b)sell an S3 poison at a dispensary under a pharmacist’s direction and personal supervision; or
(c)dispense an S2 or S3 poison at a dispensary under a pharmacist’s direction and personal supervision.

s 257 amd 1997 SL No. 64 s 49; 2001 SL No. 267 s 14 sch 4; 2003 SL No. 348 s 42; 2011 SL No. 4 s 88; 2016 SL No. 23 s 5

258Pharmacy assistants

(1)A competent employee of a pharmacist is authorised to sell an S2 or S7 poison at a dispensary.
(2)For subsection (1), a competent employee must be an employee who is 16 years or more.

s 258 amd 2011 SL No. 4 s 89

258APhysician’s assistants

To the extent necessary to perform duties under a practice plan developed for a physician’s assistant, the physician’s assistant acting under the supervision of his or her supervising medical officer is authorised to—
(a)administer, prescribe or supply an S2 or S3 poison; or
(b)give someone who may administer or supply an S2 or S3 poison an oral or written instruction to administer or supply the poison.

s 258A ins 2008 SL No. 422 s 27

259Physiotherapists

(1)To the extent necessary to practise physiotherapy, a physiotherapist is authorised to administer an S2 poison.
(2)Subsection (3) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise physiotherapy.
(3)To the extent necessary to undergo the course of training, the trainee is authorised to administer an S2 poison under the personal supervision of a physiotherapist.

s 259 amd 2003 SL No. 348 s 43

260Podiatrists

(1)To the extent necessary to practise podiatry, a podiatrist is authorised to administer—
(a)an S2 poison; or
(b)adrenalin of a strength of 0.1% or less, if administered by a pre-loaded device for the management of anaphylaxis.

Example for paragraph (b)—

an EpiPen
(2)Subsection (3) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise podiatry.
(3)To the extent necessary to undergo the course of training, the trainee is authorised to administer the following under the personal supervision of a podiatrist—
(a)an S2 poison;
(b)adrenalin of a strength of 0.1% or less, if administered by a pre-loaded device for the management of anaphylaxis.

s 260 amd 2003 SL No. 348 s 44; 2006 SL No. 308 s 18

260ASurgical podiatrists

To the extent necessary to practise podiatry, a surgical podiatrist is authorised to—
(a)administer—
(i)adrenalin when combined with lignocaine, bupivacaine or prilocaine; or
(ii)felypressin when combined with prilocaine; or
(b)prescribe a poison mentioned in appendix 2B, part 2, column 1, on the conditions mentioned opposite the poison in columns 2 and 3; or
(c)give someone who may administer a poison mentioned in appendix 2B, part 2, column 1, a written instruction to administer the poison on the conditions mentioned opposite the poison in columns 2 and 3.

s 260A ins 2006 SL No. 308 s 19

260BEndorsed podiatrists

To the extent necessary to practise podiatry, an endorsed podiatrist is authorised to—
(a)obtain a poison mentioned in appendix 2C, part 2, column 1, on a condition mentioned opposite the poison in column 2; or
(b)administer a poison mentioned in appendix 2C, part 2, column 1 on the conditions mentioned opposite the poison in columns 2 and 3; or
(c)prescribe or supply a poison mentioned in appendix 2C, part 2, column 1 on the conditions mentioned opposite the poison in columns 2 and 4.

s 260B ins 2014 SL No. 81 s 9

260CTrainee endorsed podiatrists

(1)To the extent necessary for a trainee endorsed podiatrist to complete an approved program of study, the trainee endorsed podiatrist is authorised to administer a poison mentioned in appendix 2C, part 2, column 1 under the personal supervision of a doctor or endorsed podiatrist.
(2)However, the trainee endorsed podiatrist is only authorised to administer the poison on the conditions mentioned opposite the poison in columns 2 and 3.

s 260C ins 2014 SL No. 81 s 9

261Prisons

(1)The general manager of a prison is authorised to issue an S2 or S3 poison to an authorised person who may administer or supply it for the treatment of a prisoner at the prison.
(2)The director of nursing or medical superintendent of a prison, or the pharmacist in charge of a prison dispensary, is authorised to issue an S2 or S3 poison to an authorised person who may administer or supply it for the treatment of a prisoner at the prison.

262Queensland Ambulance Service

(1)To the extent necessary to perform ambulance duties for the Queensland Ambulance Service, an ambulance officer is authorised to administer an S2 or S3 poison under a clinical practice protocol approved by the Queensland Ambulance Service.
(2)To the extent necessary for performing ambulance duties for the Queensland Ambulance Service, an isolated practice area paramedic at an isolated practice area (paramedics) is authorised to—
(a)obtain an S2 or S3 poison; or
(b)possess an S2 or S3 poison at a place in the isolated practice area (paramedics); or
(c)administer or supply an S2 or S3 poison under the isolated practice area paramedic DTP.

s 262 amd 2000 SL No. 333 s 91; 2007 SL No. 333 s 12; 2016 SL No. 17 s 34

262ASt John Ambulance Australia—Queensland

(1)The State Medical Officer of St John Ambulance Australia—Queensland or the State Medical Officer’s delegate is authorised to—
(a)obtain adrenalin for use by a St John Ambulance member; or
(b)issue adrenalin to a St John Ambulance member.
(2)To the extent necessary for performing ambulance duties for St John Ambulance Australia—Queensland, a St John Ambulance member is authorised to possess or administer adrenalin under a clinical practice guideline approved by St John Ambulance Australia—Queensland.
(3)In this section—
adrenalin means adrenalin of a strength of 0.1% or less, if administered by a pre-loaded device for the management of anaphylaxis.
St John Ambulance member means a person who—
(a)is a registered member of St John Ambulance Australia—Queensland; and
(b)holds both of the following current qualifications—
(i)Certificate II in Emergency Medical Service First Response;
(ii)Course in First Aid Management of Anaphylaxis.

s 262A ins 2008 SL No. 421 s 5

263Registered nurses

(1)To the extent necessary to practise nursing, a registered nurse is authorised to administer an S2 or S3 poison.
(2)To the extent necessary to practise nursing in a rural hospital or an isolated practice area, a rural and isolated practice area endorsed nurse is authorised to supply an S2 or S3 poison to or for a person requiring treatment at the rural hospital or in the isolated practice area.
(3)To the extent necessary to practise nursing at a hospital within an isolated practice area, a registered nurse is authorised to supply an S2 or S3 poison, on the oral or written instruction of a dentist, doctor, nurse practitioner or physician’s assistant, to a person being discharged from the hospital or to an outpatient of the hospital.
(4)To the extent necessary to practise nursing under a sexual health program, a sexual health program nurse is authorised to supply an S2 or S3 poison under the sexual health program nurse DTP.
(5)To the extent necessary to practise nursing, a nurse practitioner is authorised to—
(a)supply an S2 or S3 poison; or
(b)under the nurse practitioner DTP—
(i)prescribe an S2 or S3 poison; or
(ii)give an indigenous health worker, midwife or nurse an oral or written instruction to administer an S2 or S3 poison; or
(iii)give a registered nurse practising nursing at a hospital in an isolated practice area an oral or written instruction to supply an S2 or S3 poison to a person being discharged from the hospital or an outpatient of the hospital; or
(iv)give a pharmacist an oral or written instruction to supply an S2 or S3 poison.

s 263 sub 1997 SL No. 64 s 50

amd 1997 SL No. 323 s 11; 1999 SL No. 8 s 9; 2001 SL No. 205 s 35; 2004 SL No. 291 s 26; 2005 SL No. 314 s 25; 2008 SL No. 422 s 28; 2010 SL No. 108 s 51; 2016 SL No. 17 s 35

263ACertain registered nurses at rural hospitals

(1)To the extent necessary to practise nursing at a rural hospital, the following persons are authorised to supply an S2 or S3 poison, on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant, to a person being discharged from the hospital or an outpatient of the hospital—
(a)the hospital’s director of nursing;
(b)a registered nurse nominated by the hospital’s director of nursing.
(2)However, subsection (1) applies only if—
(a)the hospital does not employ a pharmacist; or
(b)if the hospital employs a pharmacist—the pharmacist is absent from the hospital at the time the poison is supplied.

s 263A ins 1997 SL No. 64 s 50

amd 2001 SL No. 205 s 36; 2004 SL No. 291 s 27; 2008 SL No. 422 s 29

264AShip’s master

Subject to section 270(2), the master of a ship in the State is authorised to administer an S2 or S3 poison on the ship for the treatment of a person in an emergency.

s 264A ins 2003 SL No. 348 s 46

265State analysts

(1)To the extent necessary to perform an analyst’s official duties, a State analyst is authorised to—
(a)manufacture an S2, S3 or S7 poison; or
(b)use an S2, S3 or S7 poison or destroy it.
(2)A trainee State analyst, under the personal supervision of a State analyst, is authorised to—
(a)manufacture an S2, S3 or S7 poison; or
(b)use an S2, S3 or S7 poison or destroy it.

s 265 amd 1998 SL No. 149 s 52; 2011 SL No. 4 s 90

265AA Trainees in certain occupations

(1)This section applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to carry out a relevant occupation.
(2)To the extent necessary to undergo the course of training, the trainee is authorised to administer an S2 or S3 poison under the personal supervision of an authorised person carrying out the relevant occupation.
(3)However, the trainee may only administer a poison under subsection (2), if—
(a)the authorised person is authorised under this regulation to administer the poison; and
(b)the trainee administers the poison under the conditions (if any) that would apply to the administration of the poison by the authorised person.
(4)In this section—
relevant occupation means an occupation as a dentist, doctor, indigenous health worker, midwife, orthoptist, registered nurse or veterinary surgeon.

s 265AA ins 2003 SL No. 348 s 47

amd 2011 SL No. 306 s 14

265AUniversities

(1)To the extent necessary for use in research or teaching at a university, the vice-chancellor of the university is authorised to give an S2 or S3 poison to a member of the faculty or staff of the university.
(2)The vice-chancellor may delegate the authority to the bursar or another appropriately qualified officer of the university.
(3)In this section—
appropriately qualified, for an officer of a university, includes having the qualifications, experience or standing appropriate to the exercise of the power.

s 265A ins 2000 SL No. 333 s 92

amd 2003 SL No. 255 s 20

265BVeterinary nurses

(1)To the extent necessary to practise veterinary nursing, a veterinary nurse who has successfully completed a certified course of training relating to the use of S2 or S3 poisons with animals is authorised to administer an S2 or S3 poison to an animal—
(a)under the supervision of a veterinary surgeon; or
(b)if the S2 or S3 poison is a dispensed medicine, under the directions on the label attached to the poison’s container.
(2)Subsection (3) applies to a person (a trainee) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as a veterinary nurse.
(3)To the extent necessary to undergo the course of training, the trainee is authorised to administer an S2 or S3 poison to an animal—
(a)under the personal supervision of a veterinary surgeon; or
(b)if the S2 or S3 poison is a dispensed medicine, under the directions on the label attached to the dispensed medicine’s container.

s 265B ins 2000 SL No. 333 s 92

amd 2003 SL No. 348 s 48

266Veterinary surgeons

To the extent necessary to practise veterinary medicine, a veterinary surgeon is authorised to administer, dispense, prescribe or sell an S2, S3 or S7 poison.

267Watch house keepers etc.

To the extent necessary for ensuring a person held at a watch house or police establishment receives an S2 or S3 poison lawfully prescribed or supplied for the person, the watch house keeper, or the person performing the duties of watch house keeper at a police establishment, is authorised to give the poison to the person for whom it was prescribed or supplied under the directions stated on the label attached to the poison’s container.

s 267 amd 2003 SL No. 255 s 21

267AWholesale representatives

A wholesale representative is authorised to display or give an S2 or S3 poison, as a sample, to a dentist, doctor, pharmacist or veterinary surgeon.

s 267A ins 2000 SL No. 333 s 93

amd 2003 SL No. 255 s 22; 2011 SL No. 4 s 91

Division 3 General

268Employees and other persons authorised

A competent adult acting for a person who is licensed under part 1 is authorised to sell an S2, S3 or S7 poison on the same conditions as apply to the licensed person.

270When endorsement is not needed

(1)A person (a carer) does not need an endorsement under this regulation to help another person (an assisted person) take an S2 or S3 poison that has been supplied for the assisted person, if—
(a)the assisted person asks for the carer’s help to take the poison; and
(b)for an S2 poison—the carer helps the assisted person take the poison under the directions for use of the poison; or
(c)for an S3 poison—the carer helps the assisted person take the poison under the directions on the label attached to the poison’s container.
(2)A person does not need an endorsement under this regulation to administer an S2 or S3 poison if the S2 or S3 poison is administered to a person on the ship on which the poison is kept under the Navigation Act 2012 (Cwlth), the domestic commercial vessel national law or the Transport Operations (Marine Safety) Act 1994.
(3)A person does not need an endorsement under this regulation to administer potassium iodide in a product registered under the Therapeutic Goods Act 1989 (Cwlth), if the person administers the product—
(a)for the treatment of a person in an emergency; and
(b)under the directions on the label attached to the product’s container.
(4)A person does not need an endorsement to administer, dispense, manufacture, obtain, possess, prescribe, supply or use an S2, S3 or S7 poison for an approved clinical trial.

s 270 amd 1998 SL No. 149 s 53; 2000 SL No. 333 s 95; 2003 SL No. 348 s 49; 2011 SL No. 4 s 92; 2011 SL No. 306 s 15; 2015 SL No. 176 s 6; 2016 SL No. 154 s 253 sch 10

Part 4 Regulated poisons

270AApproval must not be granted for therapeutic use of S9 poisons

The chief executive must not grant an approval to a person to manufacture, obtain, possess or use an S9 poison for human therapeutic use.

s 270A ins 2003 SL No. 348 s 50

amd 2015 SL No. 176 s 7; 2016 Act No. 53 s 225

271Prohibition on dispensing etc. regulated poisons

(1)A person must not dispose of, dispense, manufacture, obtain, possess, prescribe, sell or use a regulated poison unless the person—
(a)disposes of, dispenses, manufactures, obtains, possesses, prescribes, sells or uses the regulated poison under an approval; or
(aa)is a poison manufacturer who manufactures the regulated poison under a poison manufacturer licence; or
(b)is a poisons manufacturer or wholesaler who obtains or possesses for sale, or sells, a regulated poison in appendix 7, items 1 to 7 of this regulation to a person who has an approval under subsection (1)(a) to obtain the poison; or
(c)is a pharmacist and obtains or possesses cyanide for sale to a person who has a cyanide permit; or
(d)is a pharmacist and obtains or possesses strychnine for sale to a person who has a strychnine permit; or
(e)obtains or uses cyanide under a cyanide permit or strychnine under a strychnine permit; or
(f)is an inspector who possesses the regulated poison in the course of the inspector’s official duties; or
(g)is a State analyst, or a trainee State analyst under the supervision of a State analyst, who manufactures, possesses, uses or disposes of the regulated poison while performing the analyst’s, or trainee’s, official duties; or
(h)is the person in charge of a forensic and scientific facility operated by the State, or a person nominated in writing by the person in charge, who possesses or disposes of a regulated poison while performing the person’s official duties.

Maximum penalty—80 penalty units.

(2)Subsection (1) does not apply to a person who uses a regulated poison mentioned in appendix 7, items 1 to 7 of this regulation, other than fluoroacetic acid, para-aminopropiophenone or strychnine, that is registered by the Australian Pesticides and Veterinary Medicines Authority under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) for use as a pesticide, for its registered purpose.
(3)Also, subsection (1) does not apply to a person who manufactures, obtains, possesses, sells or uses Cannabis sativa under—
(a)a licence issued under the Drugs Misuse Act 1986, section 49; or
(b)a regulation under section 48(1) of that Act.
(4)Subsection (1) does not apply to a health service employee or a public service employee employed in the department or Hospital and Health Service who obtains or possesses a regulated poison to—
(a)give the poison to a member of the police service; or
(b)arrange, in a way authorised by the chief executive, for destruction of the poison.
(5)Subsection (1) does not apply to—
(a)a drug control officer within the meaning of the Police Powers and Responsibilities Act 2000, section 726 who obtains or possesses a regulated poison to perform the functions of a drug control officer in the police service, while the officer is actually performing the functions; or
(b)a drug control officer within the meaning of the Corrective Services Act 2006, section 344B who obtains or possesses a regulated poison to perform the functions of a drug control officer in the department in which the Corrective Services Act 2006 is administered, while the officer is actually performing the functions.

s 271 amd 1997 SL No. 64 s 52; 1998 SL No. 149 s 54; 2000 SL No. 333 s 96; 2002 SL No. 248 s 5; 2003 SL No. 348 s 51; 2004 SL No. 34 s 25; 2008 Act No. 53 s 16; 2011 SL No. 4 s 93; 2012 SL No. 90 s 41 sch; 2015 SL No. 154 s 8; 2016 SL No. 205 s 13

272Fluoroacetic acid in baits

(1)An authorised officer under the Biosecurity Act 2014 may give prepared baits containing not more than 0.03% fluoroacetic acid to another person (the user) to control invasive animals that are restricted matter under that Act.
(2)The user may possess and use the baits only under the written conditions given to the user by the authorised officer.
(3)An adult employee of the user, or other adult authorised by the user as agent of the user, may also possess and use the baits under the written conditions.
(4)The user must—
(a)comply with the written conditions; and
(b)ensure the user’s employees or authorised agents comply with the written conditions.

Maximum penalty for subsection (4)—80 penalty units.

s 272 amd 2000 SL No. 333 s 97; 2003 SL No. 255 s 23; 2004 SL No. 34 s 26; 2016 SL No. 75 s 129 sch 12

273Carriers

(1)To the extent necessary to transport and deliver a regulated poison, the following persons are authorised to possess a regulated poison—
(a)a person engaged by an authorised person to transport and deliver the regulated poison;
(b)an adult acting for a person engaged by an authorised person to transport and deliver the regulated poison.
(2)In this section—
authorised person means a person who is authorised under this regulation to dispose of or sell the regulated poison.

s 273 prev s 273 om 2011 SL No. 4 s 94

pres s 273 ins 2015 SL No. 154 s 9

Part 5 Dispensing or selling poisons

273AQuality standard for selling S2 or S3 poisons

A pharmacist must not sell an S2 or S3 poison unless the pharmacist—
(a)has prepared or adopted a quality standard for selling S2 or S3 poisons; and
(b)in selling the S2 or S3 poison, complies with the quality standard.

Maximum penalty—60 penalty units.

s 273A ins 2006 SL No. 91 s 12

274Dispensing or selling S2, S3 or S7 poisons

(1)A pharmacist must not dispense a poison on a prescription unless the poison dispensed—
(a)conforms with the prescription; or
(b)is dispensed under section 275.

Maximum penalty—40 penalty units.

(2)Also, a pharmacist must not sell an S2 or S3 poison to a ship’s master unless the pharmacist receives a purchase order for the poison signed by the ship’s master.

Maximum penalty—40 penalty units.

(3)Subsection (1) does not prevent a person delivering or handing a poison dispensed by a dispenser to a person for whose use the poison is prescribed or the person’s agent.

s 274 amd 1998 SL No. 149 s 56; 2000 SL No. 333 s 99; 2003 SL No. 348 s 53

275Dispensing generic poisons

(1)This section applies if a poison is specified in a prescription by a brand name (the specified poison) and the poison is also available under another brand name or without a brand name (both the generic poison).
(2)A dispenser may dispense the generic poison in place of the specified poison if the poison is dispensed at a public sector hospital.
(3)Also, a dispenser may dispense the generic poison in place of the specified poison at a place other than a public sector hospital if—
(a)the specified poison and the generic poison are both poisons to which a pharmaceutical benefit applies under the National Health Act; and
(b)the prescriber did not indicate on the prescription that only the specified poison was to be dispensed; and
(c)either—
(i)both of the following apply—
(A)the schedule of pharmaceutical benefits, issued by the Commonwealth department within which the National Health Act is administered, states the specified poison and the generic poison are equivalent;
(B)a determination is in force for the generic poison under the National Health Act, section 85(6); or
(ii)if the dispenser is a pharmacist, the pharmacist has, using a relevant process under the pharmacist’s quality standard for dispensing a poison, confirmed the specified drug and the generic drug are equivalent; and
(d)it is lawful to dispense the generic poison on prescription; and
(e)the person to whom it is dispensed asks for, or agrees to, the dispensing of the generic poison in place of the specified poison.
(4)If a generic poison is dispensed, the dispenser must enter, in the prescription—
(a)the brand name of the generic poison; or
(b)if the generic poison does not have a brand name, the name of the manufacturer of the poison.

Maximum penalty—20 penalty units.

s 275 amd 1997 SL No. 64 s 53; 2011 SL No. 4 s 95

276Labelling dispensed medicines

(1)A person who sells a poison as a dispensed medicine must securely attach to the medicine’s container a label, as required by this section, with the following warnings printed on it—
(a)‘Keep out of reach of children’;
(b)if the prescriber is a veterinary surgeon—‘For animal treatment only’.

Maximum penalty—20 penalty units.

(2)The warnings must be printed in red on a background of contrasting colour and in bold-faced sans serif capital letters with a face depth of at least 1.5mm.
(3)The label must also have written on it—
(a)if the dispensed medicine is for human use—the name of the person for whose use it is intended; and
(b)if the dispensed medicine is for an animal—the name of the animal’s owner; and
(c)the name and address of the person selling the dispensed medicine; and
(d)a description of the name of the dispensed medicine under subsection (4) or (5); and
(e)a description of the strength of, and the quantity or volume of, the dispensed medicine; and
(f)directions about the use of the medicine; and
(g)the date the medicine is dispensed; and
(h)the dispenser’s initials; and
(i)if the medicine is for internal human therapeutic use and is a substance specified in appendix K of the current Poisons Standard—
(i)‘This medication may cause drowsiness. If affected do not drive a vehicle or operate machinery. Avoid alcohol.’; or
(ii)‘This medication may cause drowsiness and may increase the effects of alcohol. If affected do not drive a motor vehicle or operate machinery.’; and
(j)if the medicine’s expiry date is not visible—the medicine’s expiry date.
(4)The dispensed medicine must be described by—
(a)its approved name; or

Note—

For the definition approved name see part 1 of the current Poisons Standard.
(b)the name the prescriber wrote on the prescription or, if a different brand of the medicine is dispensed, the name of the brand dispensed; or
(c)its trade name; or
(d)the approved name of each poison in the medicine; or
(e)the name of each poison in the medicine as written on the prescription.
(5)Despite subsection (4), a doctor may state in a prescription that the contents of a dispensed medicine must be described in a particular way that is not a false description.

s 276 amd 2011 SL No. 306 s 4

276ASale of S2 or S3 poison after expiry date

A person must not sell an S2 or S3 poison after the expiry date for the poison stated on the container for the poison or a label attached to the container.

Maximum penalty—60 penalty units.

s 276A ins 2011 SL No. 4 s 96

277Sale of S3 poisons

(1)A pharmacist or a person who is approved to dispense a poison under a pharmacist’s direction and personal supervision, (the seller) must not sell an S3 poison unless—
(a)for S3 pseudoephedrine—
(i)the seller is reasonably satisfied the purchaser has a therapeutic need for the S3 pseudoephedrine; and
(ii)if the seller does not know the identity of the purchaser—the purchaser gives the seller an acceptable form of identification; or
(b)for another S3 poison—the seller is reasonably satisfied—
(i)the purchaser has a therapeutic need for the poison; and
(ii)of the purchaser’s identity.

Maximum penalty—40 penalty units.

(2)The seller must give the purchaser advice on the dosage, frequency of administration, general toxicity, adverse effects, contraindications and precautions to be observed in using the poison.

Maximum penalty—40 penalty units.

(3)The seller must securely attach to the container in which the poison is sold a label, as required by this section, with the following warnings printed on it—
(a)‘Keep out of the reach of children’;
(b)if the poison is for use for an animal—‘For animal treatment only’.

Maximum penalty—40 penalty units.

(4)The warnings must be printed in red bold-faced sans serif capital letters with a face depth of at least 1.5mm on a background of contrasting colour.
(5)The label must also have written on it—
(a)if the poison is for human use—the name of the person for whose treatment it is intended; and
(b)if the poison is for animal treatment—the name of the animal’s owner; and
(c)if the seller is a pharmacist or a person approved to dispense a poison under a pharmacist’s direction and personal supervision—the name and address of the dispensary at which the poison is dispensed; and
(d)directions about the use of the poison; and
(e)the date the poison was sold.
(6)The poison must be described by—
(a)its approved name; or
(b)its trade name; or
(c)the approved name of each poison in the preparation.
(7)Subsections (1)(b) and (2) to (6) do not apply to the sale of—
(a)S3 salbutamol or S3 terbutaline to—
(i)a person mentioned in section 256B for use for first aid; or
(ii)another person who is a relevant person for use for first aid; or
(b)prescribed adrenalin to a relevant person for use for first aid; or
(c)an S3 poison to a ship’s master for use for first aid on the ship.
(8)In this section—
educational institution means—
(a)a State educational institution within the meaning of the Education (General Provisions) Act 2006, schedule 4; or
(b)an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.
nominated supervisor, for an education and care service, see the Education and Care Services National Law (Queensland), section 5(1).
prescribed adrenalin means adrenalin of a strength of not more than 0.1%, if administered by a pre-loaded device for the management of anaphylaxis.

Example—

an EpiPen
relevant person means—
(a)a person who may administer an S3 poison under an approval; or
(b)a Queensland approved provider of a QEC approved service; or
(c)a supervisor for a QEC approved service; or
(d)an approved provider of an education and care service; or
(e)a nominated supervisor for an education and care service; or
(f)a principal of an educational institution; or
(g)a person nominated by a principal of an educational institution.
supervisor, for a QEC approved service, means a person appointed as supervisor for the service under the Education and Care Services Act 2013, section 113(3).

s 277 amd 1998 SL No. 149 s 57; 2000 SL No. 333 s 100; 2002 SL No. 361 s 6; 2005 SL No. 314 s 26; 2007 SL No. 143 s 14; 2009 SL No. 293 s 4; 2018 SL No. 21 s 7

278Restrictions on packs of organo-phosphorus compounds

(1)A person must not sell a liquid or emulsive preparation in a container containing less than 500mL of an S7 organo-phosphorus compound.

Maximum penalty—60 penalty units.

(2)A person must not sell, in dry or powder form, a container of a preparation containing less than 750gm of an S7 organo-phosphorus compound.

Maximum penalty—60 penalty units.

279Restriction on paraquat preparations

(1)A person must not sell a preparation containing paraquat in a container of less than 5L of the preparation.

Maximum penalty—80 penalty units.

(2)A person must not sell a liquid preparation that contains paraquat unless the preparation—
(a)is coloured green or blue; and
(b)contains sufficient stenching agent to produce an offensive odour.

Maximum penalty—80 penalty units.

Part 6 Storage of poisons

284Storage of poisons

(1)A person must not store a poison for sale within reach of children.

Maximum penalty—40 penalty units.

(2)A person who sells an S2 or S3 poison by retail must store the poison in a place that is not accessible to the public.

Maximum penalty—40 penalty units.

(3)A person who sells an S7 poison by retail must—
(a)store the poison—
(i)in a receptacle or storeroom that is kept locked; or
(ii)in another place the chief executive is reasonably satisfied is a secure place; and
(b)keep personal possession of the key to the place or ensure the key is in the possession of another responsible adult authorised by the person.

Maximum penalty—40 penalty units.

(4)A person who sells by retail a poison that contains an organic solvent distilling under 150ºC at 101–103kPa and is labelled as, or for use as, an adhesive must store the poison in a way that ensures it is not accessible to the public.

Maximum penalty—40 penalty units.

(5)A poison wholesaler must store an S2, S3 or S7 poison in a way that ensures the poison is not accessible to the public.

Maximum penalty—40 penalty units.

s 284 amd 1998 SL No. 343 s 12

Part 7 Records of sales of poisons

285Record of sale of S7 poison

(1)A person must not sell an S7 poison by retail unless, at the time of the sale, the person makes an accurate record of the sale—
(a)by making an entry in a book (a poisons sale book); or
(b)by giving the person buying the poison (the purchaser) an invoice that has a unique number.

Maximum penalty—20 penalty units.

(2)The person selling the S7 poison must—
(a)include the following in the poisons sale book or invoice—
(i)the date of the sale;
(ii)the name and quantity or volume of the poison sold;
(iii)the purpose for which the poison is required;
(iv)the purchaser’s name and address;
(v)if the purchaser buys the poison in person—the purchaser’s signature;
(vi)if the order for the poison was a telephone or written order—a note about the way the order was placed where the purchaser would sign the book or invoice if it was a personal sale; and
(b)for a record of the sale made by giving the purchaser an invoice—keep a copy of the invoice.

Maximum penalty—20 penalty units.

(2A)If the order for the S7 poison was a written order, the person selling the poison must keep the written order for 2 years from the day the person received it.

Maximum penalty—20 penalty units.

(3)The person must not use the poisons sales book for another purpose.

Maximum penalty—20 penalty units.

s 285 amd 1997 SL No. 64 s 54; 1998 SL No. 149 s 60; 2002 SL No. 361 s 7

285ARecord of sale of S3 pseudoephedrine

(1)A person who sells S3 pseudoephedrine to someone (the purchaser) by retail must, at the time of the sale, make a record (a pseudoephedrine sales record) of each of the following particulars for the sale—
(a)the date of the sale;
(b)the brand name and quantity of S3 pseudoephedrine sold;
(c)the purchaser’s name and address;
(d)if the person asks the purchaser to give the person an acceptable form of identification—
(i)the type of document given; and
(ii)the unique number assigned to the document by the entity that issued the document.

Maximum penalty—20 penalty units.

(2)The pseudoephedrine sales record must be kept as an electronic record that is accessible online by both the chief executive and the commissioner of police.
(3)The person must keep the pseudoephedrine sales record for at least 2 years after the date of the sale.

Maximum penalty—20 penalty units.

s 285A ins 2002 SL No. 361 s 8

amd 2009 SL No. 293 s 5

Part 8 General

285BCertain losses etc. immediately reported to chief executive

If a person who sells a poison that is S3 pseudoephedrine knows, or reasonably suspects, that any of the poison that is S3 pseudoephedrine has been lost, misappropriated or stolen, the person must immediately give the chief executive a written notice about the loss, misappropriation or theft.

Maximum penalty—40 penalty units.

s 285B ins 2011 SL No. 4 s 97

286Prohibition on dispensing or supplying poisons to child under 16

(1)A person (the supplier) must not dispense or supply an S2, S3, S6 or S7 poison to a child under 16 years unless the supplier—
(a)is a doctor or nurse practitioner; or
(b)is a pharmacist acting on a prescription or a doctor’s or nurse practitioner’s written instruction at a hospital.

Maximum penalty—40 penalty units.

(2)A person (the supplier) must not supply an S2 or S3 poison to a child under 16 years unless the supplier is a doctor, isolated practice area paramedic, registered nurse or veterinary surgeon who, under this chapter, may supply an S2 or S3 poison.

Maximum penalty—40 penalty units.

(3)A registered nurse, other than a rural and isolated practice endorsed nurse, must not supply an S2 or S3 poison to a child under 16 years unless the nurse has a doctor’s or nurse practitioner’s oral or written instruction to supply the poison to the child.

Maximum penalty—40 penalty units.

(4)Subsection (5) applies to—
(a)a supplier who may supply a poison under subsection (1) or (2), other than a veterinary surgeon; or
(b)a registered nurse who may supply an S3 poison under subsection (3).
(5)Despite subsections (1), (2) or (3), the supplier or registered nurse may supply the following S3 poisons to a child who is 14 years or more if the supplier or registered nurse is reasonably satisfied the child has a therapeutic need for the poison—
(a)salbutamol;
(b)terbutaline.

s 286 amd 1999 SL No. 258 s 23; 2000 SL No. 333 s 105; 2001 SL No. 205 s 38; 2004 SL No. 291 s 28; 2005 SL No. 314 s 27; 2007 SL No. 333 s 13; 2011 SL No. 4 s 98

287False, misleading or incorrect entries

A person must not make an entry in a book or other record required to be kept under this chapter that the person knows is a false, misleading or incomplete entry.

Maximum penalty—20 penalty units.

288Poisons for animals not to be dispensed etc. for human therapeutic use

A person must not, without an approval, dispense, prescribe, sell or use for human therapeutic use, a poison labelled, manufactured, packed or prepared for use for animal treatment.

Maximum penalty—40 penalty units.

289Poisons for animals not to be administered to humans

A person must not, without an approval, administer to himself, herself or someone else a poison labelled, manufactured, packed or prepared for use for animal treatment.

Maximum penalty—40 penalty units.

290Unsafe disposal of poisons

(1)A person must not discharge, place or otherwise dispose of a poison—
(a)in or on an alley, street, public land or public place; or
(b)in or on other land or premises or another place, without the permission of the owner or occupier of the land, premises or place; or
(c)into or on a channel, creek, dam, drain, river, road, street, watercourse or another body of water.
(2)However, subsection (1) does not apply to—
(a)a person laying baits for pest destruction; or
(b)a person applying herbicides for the destruction of noxious weeds or unwanted vegetation; or
(c)a local government applying insecticides for horticultural purposes; or
(d)a person applying insecticides to a creek, dam, river, watercourse or other body of water for the control or destruction of mosquitoes; or
(e)a person applying insecticides to an alley, lane, place, public place or public land, road or thoroughfare for the control or destruction of midges or mosquitoes.
(3)However, subsection (2) applies only if a person doing an act mentioned in the subsection is doing it—
(a)under a permit or approval granted by the chief executive or a local government; or
(b)under the Biosecurity Act 2014.
(4)Despite subsection (2), a person must not discharge, place or otherwise dispose of a poison in a way that—
(a)endangers the life or safety of a person or a domestic animal; or
(b)exposes food, drink or a condiment or another poison or a drug to the risk of contamination by the poison; or
(c)gives access to the poison to someone not endorsed to possess it.

Maximum penalty—40 penalty units.

s 290 amd 1998 SL No. 343 s 12; 1999 Act No. 51 s 228 sch; 2000 SL No. 333 s 106; 2005 SL No. 40 s 22; 2006 SL No. 308 s 20; 2016 SL No. 75 s 129 sch 12

291Labels and containers

(1)A person must not change, cover, deface or remove a brand, declaration, label, mark or statement that is required under this chapter to be fixed to, or shown on, the container of a poison.

Maximum penalty—40 penalty units.

(2)A person must not possess or sell a cracked or damaged package containing a poison.

Maximum penalty—40 penalty units.

(3)If a person becomes aware that a package containing a poison is cracked or damaged, the person must immediately—
(a)empty the contents of the package into a poison container labelled under this regulation; or
(b)if the contents are to be disposed of—dispose of them under any requirements of the local government for the area in which the person is located.

Maximum penalty—40 penalty units.

(4)A person must not soak, wash or otherwise treat a bottle or container used, or of a type commonly used, to hold a poison, or that has a brand, mark or label on it stating that the bottle or container has been used to hold a poison, in a tank or receptacle used to soak, wash or treat bottles or other containers of a type commonly used to hold human or animal food or drink or a condiment.

Maximum penalty—40 penalty units.

292Advertising of poisons

(1)A person must not advertise, or cause someone else to advertise, a substance that is or contains an S3 poison whether or not the poison is named in the advertisement.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to—
(a)an advertisement in a professional or trade journal; or
(b)a price list, advertisement or promotional material intended for circulation only in the dental, medical, pharmaceutical or veterinary professions or the wholesale poison trade; or
(c)an S3 poison that, under the current Poisons Standard, may be advertised; or
(d)a price list that complies with the document called ‘Price Information Code of Practice’, published by the Therapeutic Goods Administration, as in force from time to time.

Editor’s note—

A copy of the Price Information Code of Practice may be obtained from the Therapeutic Goods Administration’s website.
(3)A person must not advertise, or cause someone else to advertise, an offer to obtain or sell an S2, S3 or S7 poison unless the person is endorsed under this regulation to sell the poison.

Maximum penalty—40 penalty units.

(4)A person must not refer to an S9 poison in an advertisement.

Maximum penalty—40 penalty units.

(5)Subsection (4) does not apply to—
(a)a person who refers to cannabis in an advertisement in connection with an approved clinical trial; or
(b)a person who refers to Cannabis sativa in an advertisement in connection with an activity authorised under the Drugs Misuse Act 1986, section 47 or 48(1).

s 292 amd 1998 SL No. 149 s 61; 2000 SL No. 333 s 107; 2002 SL No. 248 s 6; 2003 SL No. 348 s 58; 2008 SL No. 57 s 6; 2011 SL No. 306 s 4; 2015 SL No. 176 s 9

292AAutomatic machines—Act, s 106

For section 106(2) of the Act, the sale or supply of an S2 or S3 poison by means of an automatic machine or similar mechanical device is prohibited.

s 292A ins 2004 SL No. 34 s 27

293Safe keeping of poisons

(1)A person must not store a poison within reach of children.

Maximum penalty—40 penalty units.

(2)A person must not carry, handle or store a poison in a way that may allow the poison to mix with, or contaminate, food, drink or a condiment or a drug or poison for human or animal use even if the container in which the poison is carried, stored or handled breaks or leaks.

Maximum penalty—40 penalty units.

294Embalming

A person must not place arsenic or strychnine, or a substance or chemical compound containing arsenic or strychnine, on or in the body, or a part of the body, of a deceased person for embalming the body or part of the body.

Maximum penalty—60 penalty units.

295Hawking of poisons

A person must not sell an S2, S3 or S7 poison in a street or from place to place unless the person has an approval to sell the poison in a street or from place to place.

Maximum penalty—40 penalty units.

296Samples of poisons

A person must not distribute a sample of a poison in a street or from place to place.

Maximum penalty—40 penalty units.

297Colouring of grain baits

A person must not sell or use, for pest destruction, a cereal, grain or meal containing a poison unless the cereal, grain or meal is coloured in a certified way.

Maximum penalty—40 penalty units.

s 297 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 36; 2011 SL No. 4 s 99

298Vaporisers and other devices

(1)A person must not sell or use a device (other than an electrical or other heating device) that contains a poison for the destruction of insects, unless—
(a)the poison in the device is inaccessible to children and domestic animals; and
(b)the device is not a hazard to people in its vicinity; and
(c)the device has been certified for use for insect destruction.

Maximum penalty—40 penalty units.

(2)A person must not sell or use an electrical or other heating device for vaporising a poison unless the device—
(a)has a vaporisation rate of more than 1gm per day when fully charged with the poison; and
(b)is certified for the purpose.

Maximum penalty—40 penalty units.

s 298 amd 1998 SL No. 343 s 12; 2000 SL No. 333 s 36; 2011 SL No. 4 s 100

299Prohibition of sale of chalk etc. containing poison

A person must not—
(a)sell chalk, crayons, finger colours, pencils, poster paints, school pastels or show-card colours containing a poison; or
(b)sell an artist’s brush or pencil containing a poison in the outside lacquer of the brush or pencil.

Maximum penalty—40 penalty units.

300Use of food or drink containers for poisons prohibited

A person must not use, or allow to be used, a food or drink container to hold a poison.

Maximum penalty—40 penalty units.

301Fireworks

A person must not manufacture or sell fireworks containing arsenic.

Maximum penalty—20 penalty units.

302Keeping records

A person who, under this chapter, must keep a document or record of transactions in poisons must—
(a)ensure it is kept in good condition, as far as practicable; and
(b)keep it for 2 years after the last entry that is made in it.

Maximum penalty—20 penalty units.

Chapter 5 Miscellaneous

Part 1 General

pt hdg prev pt 1 hdg om 2001 SL No. 205 s 39

pres pt 1 hdg (prev pt 2 hdg) renum 2001 SL No. 205 s 40

303[Repealed]

s 303 amd 1997 SL No. 383 s 3; 1999 SL No. 326 s 5; 2000 SL No. 333 s 108; 2001 SL No. 275 s 3

om 2001 SL No. 205 s 39 (amdt could not be given effect)

exp 30 June 2002 (see s 303(4))

303A[Repealed]

s 303A ins 1997 SL No. 64 s 55

amd 1997 SL No. 383 s 4; 1999 SL No. 326 s 6; 2000 SL No. 333 s 109; 2001 SL No. 275 s 4

om 2001 SL No. 205 s 39 (amdt could not be given effect)

exp 30 June 2002 (see s 303A(6))

304[Repealed]

s 304 om 2001 SL No. 205 s 39

305Language of documents

(1)A person who is required under this regulation to give, issue or keep a document must write the document in English.

Maximum penalty—40 penalty units.

(2)However, the person may also write the document in another language if it is reasonably necessary to ensure a person named in the document understands any instructions given in the document.

Example—

The instructions on a medicine dispensed for someone who does not speak English may be both in English and the language the person speaks.

307[Repealed]

s 307 om 2001 SL No. 205 s 39

308Attempts to commit offences

(1)A person who attempts to commit an offence against this regulation commits an offence.

Maximum penalty—half the maximum penalty for committing the offence.

(2)The Criminal Code, section 4, applies to subsection (1).

Part 1A [Repealed]

ch 5 pt 1A hdg ins 2005 SL No. 160 s 3

om 2009 SL No. 293 s 6

ch 5 pt 1A div 1 hdg ins 2005 SL No. 160 s 3

om 2009 SL No. 293 s 6

ch 5 pt 1A div 2 hdg ins 2005 SL No. 160 s 3

om 2009 SL No. 293 s 6

ch 5 pt 1A div 3 hdg ins 2005 SL No. 160 s 3

om 2009 SL No. 293 s 6

308A[Repealed]

308A ins 2005 SL No. 160 s 3

om 2009 SL No. 293 s 6

308B[Repealed]

s 308B ins 2005 SL No. 160 s 3

om 2009 SL No. 293 s 6