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MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2008 (NO. 26 OF 2008) - SECT 27

Supplying declared substances on invalid supply authorities—strict liability offences

    (1)     A person commits an offence if—

        (a)     the person is authorised to supply a declared substance on a supply authority; and

        (b)     the person supplies the declared substance on a supply authority; and

        (c)     1 or more of the following apply in relation to the supply authority:

              (i)     all or part of the authority is illegible;

              (ii)     the authority has been changed;

              (iii)     the authority has been marked ‘cancelled';

              (iv)     for a supply authority for a declared substance that is a controlled medicine—the authority is issued more than 6 months before the date the substance medicine is supplied;

              (v)     for a supply authority for a declared substance other than a controlled medicine—the authority is issued more than 1 year before the date the substance is supplied.

Maximum penalty: 50 penalty units.

    (2)     Subsection (1) (c) (i) and (ii) do not apply in relation to the supply of a declared substance by a person if, before the supply, the person checks the content of the supply authority with the person who issued the authority (the "issuer") and—

        (a)     the supply is in accordance with the authority as confirmed by the issuer; or

        (b)     if the authority is a prescription—

              (i)     the authority is changed by a pharmacist at the oral direction of the issuer; and

              (ii)     the pharmacist notes the change on the authority as prescribed by regulation; and

              (iii)     the supply is in accordance with the authority as changed.

    (3)     Subsection (1) does not apply to an employee or agent of a person (the principal ) if the employee or agent supplies the declared substance at the direction of the principal.

    (4)     To remove any doubt, subsection (3) does not affect the principal's liability for the offence under section 171 (Acts and omissions of representatives of individuals).

    (5)     An offence against subsection (1) is a strict liability offence.



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