A supplier of certain substances or restricted substances to people other than those authorised could face criminal charges.
What the law states
Section 11 of the Poisons and Therapeutic Goods Act 1966 (NSW) states that:
(1) A holder of a wholesaler’s licence or a wholesaler’s authority who supplies to a person other than an authorised person:
(a) a substance specified in Schedule 1, 2, 3 or 7 of the Poisons List, or
(b) a restricted substance,
is guilty of an offence.
An 'authorised person' includes:
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a medical practitioner, dentist, veterinary practitioner or pharmacist, or
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an authorised nurse
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an authorised optometrist
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an authorised midwife practitioner
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a holder of a manufacturer’s licence, a wholesaler’s licence or a wholesaler’s authority, or
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a holder of a general supplier’s licence or a general supplier’s authority, or
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any other person licensed or authorised by or under the Poisons and Therapeutic Goods Act 1966 (NSW) to supply or use, or have possession of, the substance concerned.
The substances specified in subsection (1) include:
Schedule 1: Substances which are of such extreme danger to life as to warrant their being supplied only by medical practitioners, nurse practitioners authorised under section 17A, midwife practitioners authorised under that section, pharmacists, dentists, veterinary practitioners or persons licensed under Part 3.
Schedule 2: Substances which are dangerous to life if misused or carelessly handled, but which should be available to the public for therapeutic use or other purposes without undue restriction.
Schedule 3: Substances which are for therapeutic use and:
(i) about which personal advice may be required by the user in respect of their dosage, frequency of administration and general toxicity,
(ii) with which excessive unsupervised medication is unlikely, or
(iii) which may be required for use urgently so that their supply only on the prescription of a medical practitioner or veterinary practitioner would be likely to cause hardship.
Schedule 7: Substances of exceptional danger which require special precautions in their manufacture or use.
Defences
Defences include but are not limited to honest and reasonable mistake, duress and necessity.
Penalties
The maximum penalty for this offence is $2200 or 2 years imprisonment or both, if the offence involves a restricted substance. In any other case, the maximum penalty is $1650 or 6 months imprisonment or both.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people who have been charged with wholesale supply of certain substances for therapeutic use to unauthorised people. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.