Medicines, Poisons and Therapeutic Goods Act 2008 (ACT)
Medicines, Poisons and Therapeutic Goods Act 2008
A2008-26
Republication No 29
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025‑33
(republication for amendments by A2025-29
and A2025‑33)
About this republication
The republished law
This is a republication of the Medicines, Poisons and Therapeutic Goods Act 2008 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Medicines, Poisons and Therapeutic Goods Act 2008
Contents
Page
Chapter 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 2
Chapter 2 Operation of Act
6 Objects 3
7 Appropriate prescription and supply of medicines 4
8 Obligations under other territory laws 4
9 Inconsistency between Act and medicines and poisons standard 4
9A Application of Act to certain cannabis use not prohibited under Drugs of Dependence Act 1989 5
Chapter 3 Important concepts
Part 3.1 Substances to which Act applies
10 Meaning of regulated substance—Act 6
11 Medicine-related definitions 6
12 Poison-related definitions 7
13 Meaning of prohibited substance and schedule 10 substance—Act 8
Part 3.2 Therapeutic goods to which Act applies
14 Meaning of regulated therapeutic good—Act 9
Part 3.3 Medicines and poisons standard
15 Meaning of medicines and poisons standard—Act 10
16 Interpretation provisions in medicines and poisons standard—application to Act 10
17 When medicines and poisons standard applies to substances 11
18 Inspection of medicines and poisons standard 12
Part 3.4 Other important concepts
19 Meaning of deals with a regulated substance—Act 13
20 When authorised to deal with regulated substances 14
21 Meaning of deals with a regulated therapeutic good—Act 17
22 When authorised to deal with regulated therapeutic goods 17
23 Meaning of supply authority—Act 18
24 Meaning of possess, sell and supply—Act 18
Chapter 4 Offences relating to regulated substances
Part 4.1 Dealings with regulated substances—offences
Division 4.1.1 Preliminary
25 Meaning of declared substance—pt 4.1 20
Division 4.1.2 Declared substances—supply
26 Supplying declared substances 20
27 Supplying declared substances on invalid supply authorities—strict liability offences 21
28 Supplying declared substances on invalid supply authorities—recklessness 22
29 Supplying declared substances on invalid supply authorities—other offences 23
30 Cancellation etc of invalid supply authorities for declared substances 24
31 Supply of certain declared substances—information for chief health officer 25
32 Information about invalid supply authorities for chief health officer 26
Division 4.1.3 Regulated substances—other dealings
33 Manufacturing regulated substances 29
34 Discarding declared etc substances 29
35 Obtaining certain declared substances 31
36 Possessing certain declared substances 31
37 Administering certain declared substances 32
38 Issuing purchase orders for declared substances 33
39 Reporting loss and theft of certain regulated substances 34
40 Prescribing medicines 35
41 Issuing requisitions for medicines 36
42 Issuing standing orders for medicines 36
43 Medicines for animals not to be prescribed etc for human use 37
Division 4.1.4 Dealings—other offences
44 Contravening authorisation conditions for regulated substances 38
45 Pretending to be authorised to deal with regulated substance 39
Part 4.2 Records for regulated substances—offences
Division 4.2.1 Record-keeping generally
46 Accessibility of records 40
47 Keeping cancelled invalid supply authorities 41
Division 4.2.2 Registers for regulated substances
48 Meaning of must keep register—div 4.2.2 41
49 Registers—not keeping 42
50 Registers—where to be kept 42
51 Registers—duty to ensure entries made 43
52 Registers—signing entries 43
53 Registers—witnessing administration of medicines 43
54 Registers—witnessing discarding 44
55 Registers—changes etc to entries 45
56 Registers—period to be kept 45
57 Registers—damage or loss 45
58 Transferring responsibility for community pharmacies—stocktake etc of controlled medicines 47
Part 4.3 Regulated substances—other offences
Division 4.3.1 Packaging and labelling—offences
59 Packaging of supplied regulated substances 50
60 Labelling of supplied regulated substances 51
Division 4.3.2 Storage—offence
61 Storing declared substances 52
Division 4.3.3 Containers—offences
62 Permanently named containers—use for other regulated substances 52
63 Certain containers not to be used for human-use substances 53
Division 4.3.4 Representations and advertisements—offences
64 False statements to obtain certain regulated substances etc 53
65 Falsely representing substance is regulated 55
66 Advertising controlled medicines and prohibited substances 56
Division 4.3.5 Vending machines—offences
67 Meaning of vending machine—div 4.3.5 57
68 Vending machines—use for supply of regulated substances 57
69 Vending machines—use for supply of unscheduled medicines 58
Division 4.3.6 Paints—offences
70 Manufacture, supply and use of paints containing white lead 59
71 Manufacture, supply and use of paints for certain purposes 60
72 Manufacture, supply and use of paints for toys 60
73 Manufacture, supply and use of paints containing pesticides 60
Chapter 5 Offences relating to regulated therapeutic goods
74 Supplying regulated therapeutic goods 62
75 Contravening authorisation conditions for regulated therapeutic goods 63
76 Pretending to be authorised to deal with regulated therapeutic goods 63
77 Falsely representing thing is regulated 63
Chapter 6 Licences for regulated substances and regulated therapeutic goods
Part 6.1 Licences generally
78 Meaning of licence etc—ch 6 65
79 Meaning of close associate—ch 6 65
80 Meaning of influential person for corporation—ch 6 66
81 Suitability of individuals for licences 67
82 Suitability of corporations for licences 69
83 Power to ask for information etc from applicants and others 70
Part 6.2 Licences—issue and amendment
84 Applications for licences 72
85 Decision on applications for licences 72
86 Term of licences 73
87 Licences not transferable 73
88 Form of licences 73
89 Statutory licence conditions 74
90 Other licence conditions 74
91 Amending licence on chief health officer’s initiative 75
92 Amending licence on application by licence-holder 76
93 Licensee to keep chief health officer informed 76
94 Returning licences for amendment 77
95 Replacing licences 78
Part 6.3 Licences—other provisions
96 Contravening licence conditions 79
97 Surrendering licences 79
Chapter 6AMonitored medicines database
97A Meaning of monitored medicine 80
97B Definitions—ch 6A 80
97C Monitored medicines database—purposes 81
97D Monitored medicines database—scope 81
97E Monitored medicines database—chief health officer functions 82
97F Monitored medicines database—access and use by relevant health practitioners 83
97G Monitored medicines database—access authority 83
97H Monitored medicines database—offences 84
Chapter 7 Enforcement
Part 7.1 Inspection and seizure powers
Division 7.1.1 Preliminary
98 Definitions—pt 7.1 86
99 Meaning of medicines and poisons inspector—Act 86
Division 7.1.2 Medicines and poisons inspectors
100 Appointment of medicines and poisons inspectors 87
101 Identity cards 87
Division 7.1.3 Powers of medicines and poisons inspectors
102 Power to enter premises 88
103 Production of identity card 89
104 Consent to entry 89
105 General powers on entry to premises 90
106 Power to seize things 91
107 Power to destroy unsafe things 92
108 Power to require name and address 94
Division 7.1.4 Search warrants
109 Warrants generally 94
110 Warrants—application made other than in person 96
111 Search warrants—announcement before entry 97
112 Details of search warrant to be given to occupier etc 98
113 Occupier entitled to be present during search etc 98
114 Moving things to another place for examination or processing 99
115 Use of electronic equipment at premises 100
116 Person with knowledge of computer to assist access etc 101
117 Securing electronic equipment 102
118 Copies of seized things to be provided 104
Division 7.1.5 Return and forfeiture of things seized
119 Receipt for things seized 105
120 Access to things seized 105
121 Return of things seized 106
122 Application for order disallowing seizure 107
123 Order for return of seized thing 108
124 Adjournment pending hearing of other proceedings 109
125 Forfeiture of seized things 109
126 Return of forfeited things 110
127 Cost of disposal of forfeited things 110
Division 7.1.6 Medicines and poisons inspectors—other provisions
128 Disposal etc of things obtained otherwise than under pt 7.1 111
129 Damage etc to be minimised 111
130 Compensation for exercise of enforcement powers 112
Part 7.2 Taking and analysis of samples of substances
131 Inspector may buy samples without complying with pt 7.2 113
132 Person in charge etc to be told sample to be analysed 113
133 Payment for samples 114
134 Samples from packaged substances 114
135 Procedures for dividing samples 114
136 Exception to usual procedures for dividing samples 115
137 Certificates of analysis by authorised analysts 116
Chapter 8 Restrictions on dealing with regulated substances and regulated therapeutic goods
Part 8.1 Authorisations—disciplinary action
138 Application—pt 8.1 117
139 Definitions—pt 8.1 118
140 Grounds for disciplinary action against authorisation holders 118
141 Disciplinary action against authorisation holders 120
142 Taking disciplinary action against authorisation holders 122
143 Immediate suspension of authorisations 123
144 Effect of suspension of authorisations 124
145 Return of certain licences and approvals 125
146 Action by chief health officer in relation to certain licences and approvals 125
Part 8.2 Controlled medicines and prohibited substances—disqualification by courts
147 Definitions—pt 8.2 127
148 Drug offences—disqualification from dealing 127
149 Notice of disqualification from dealing 128
150 Effect of disqualification from dealing 128
Part 8.3 Surrender of prescribed authorisations
151 Application—pt 8.3 129
152 Surrender of authorisation under regulation 129
153 Effect of surrender of authorisation under regulation 130
Chapter 9 Notification and review of decisions
154 Meaning of reviewable decision—ch 9 131
155 Reviewable decision notices 131
155A Applications for review 131
Chapter 10Incorporation of Commonwealth therapeutic goods laws
Part 10.1 Preliminary
156 Definitions—ch 10 132
Part 10.2 Application in ACT of Commonwealth therapeutic goods laws
Division 10.2.1 The applied provisions
157 Application of Commonwealth therapeutic goods laws to ACT 134
158 Interpretation of Commonwealth therapeutic goods laws 134
Division 10.2.2 Functions under applied provisions
159 Functions of Commonwealth Minister 135
160 Functions of Commonwealth Secretary 135
161 Functions of other people 135
162 Delegations by Commonwealth Minister or Secretary 135
163 Appointments under Commonwealth therapeutic goods laws 136
Division 10.2.3 Applied provisions—administrative law matters
164 Application of Commonwealth administrative laws to applied provisions 136
165 Functions given to Commonwealth officers and authorities 137
Division 10.2.4 Applied provisions—offences
166 Object—div 10.2.4 137
167 Application of Commonwealth criminal laws to offences against applied provisions 138
168 Functions of Commonwealth officers and authorities relating to offences 139
169 No double jeopardy for offences against applied provisions 139
Division 10.2.5 Applied provisions—other provisions
170 Commonwealth may keep fees paid to Commonwealth Secretary 140
Chapter 11 Procedural and evidentiary provisions
Part 11.1 General provisions about offences against Act
171 Acts and omissions of representatives of individuals 141
172 Criminal liability of executive officers 143
173 No defence to claim deterioration of sample 146
174 Remedial orders by court for offences 146
175 Court may order costs and expenses 147
176 Court may order forfeiture 147
177 Notices of noncompliance by territory entities 147
Part 11.2 Evidentiary provisions
178 Evidence—authorisations under Commonwealth and State laws 149
179 Presumptions 149
180 Certificate evidence etc 150
181 Admissibility of analysis of samples taken by inspectors 151
182 Power of court to order further analysis 151
Chapter 12 Regulations about regulated substances and regulated therapeutic goods
183 Meaning of regulated thing—ch 12 153
184 Regulation-making power 153
185 Regulations—regulated things 153
186 Regulations—authorisations 154
187 Regulations—records kept electronically 155
188 Regulations—medicines advisory committee 156
189 Regulations—application etc of instruments 156
190 Regulations—exemption of people, dealings etc 156
Chapter 13 Miscellaneous
191 Directions about dealings with regulated substances and therapeutic goods 158
192 Guidelines about dealings with regulated substances and therapeutic goods 159
193 Approval of non-standard packaging and labelling 159
194 Establishment of medicines advisory committee 159
195 Secrecy 159
196 Protection of officials from liability 161
197 Determination of fees 161
Schedule 1 Reviewable decisions 162
Dictionary165
Endnotes
1 About the endnotes 173
2 Abbreviation key 173
3 Legislation history 174
4 Amendment history 179
5 Earlier republications 187
Medicines, Poisons and Therapeutic Goods Act 2008
An Act to consolidate and reform the law relating to regulated substances and regulated therapeutic goods, to give effect to the medicines and poisons standard, and for other purposes
Chapter 1Preliminary
Name of Act
This Act is the Medicines, Poisons and Therapeutic Goods Act 2008.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘authorisation holder, for part 8.1 (Authorisations—disciplinary action)—see section 139.’ means that the term ‘authorisation holder’ is defined in that section for part 8.1.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Chapter 2Operation of Act
Objects
(1)The main object of this Act is to promote and protect public health and safety by minimising—
(a)accidental and deliberate poisonings by regulated substances; and
(b)medicinal misadventures related to regulated substances; and
(c)the diversion of regulated substances for abuse; and
(d)the manufacture of regulated substances that are subject to abuse; and
(e)harm from regulated therapeutic goods.
(2)The objects of this Act also include ensuring that—
(a)consumers of prescription medicines have adequate information and the understanding necessary to allow them to use the medicines safely and effectively; and
(b)consumers of non-prescription medicines have adequate information and the understanding to allow them to select the most appropriate medicines for their condition and to use the medicines safely and effectively, taking into account the condition of their health.
(3)In regulating the dealings of health practitioners or veterinary practitioners with regulated substances, the chief health officer may, but need not, choose to take disciplinary action rather than pursuing prosecutions under this Act if the chief health officer believes it would be in the public interest to do so.
(4)In this section:
non-prescription medicine means a medicine other than a prescription medicine.
prescription medicine means a prescription only medicine or controlled medicine.
Appropriate prescription and supply of medicines
(1)A health practitioner or a veterinary practitioner who prescribes or supplies a medicine must ensure that the prescription or supply of the medicine is for a quantity and purpose that is consistent with the recognised therapeutic standard of what is appropriate in the circumstances.
(2)Subsection (1) does not apply to wholesale supply.
Obligations under other territory laws
The obligations under this Act are additional to the obligations under any other territory law unless this Act, or the other law, provides otherwise.
Example
If there is an obligation under the Dangerous Substances Act 2004 and under this Act in relation to a particular substance, both obligations must be complied with in relation to the substance unless either Act provides otherwise.
Inconsistency between Act and medicines and poisons standard
This Act prevails if there is an inconsistency between this Act and the medicines and poisons standard.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
9AApplication of Act to certain cannabis use not prohibited under Drugs of Dependence Act 1989
(1)The defined provisions of this Act do not apply to an adult to the extent that the substance is an amount of cannabis that the adult is not prohibited from cultivating or possessing under the Drugs of Dependence Act 1989.
(2)In this section:
defined provisions of this Act means the following:
(a)section 26 (2) (Supplying declared substances);
(b)section 33 (Manufacturing regulated substances);
(c)section 35 (1) (Obtaining certain declared substances);
(d)section 36 (Possessing certain declared substances);
(e)section 37 (2) (Administering certain declared substances).
Chapter 3Important concepts
Part 3.1Substances to which Act applies
Meaning of regulated substance—Act
In this Act:
regulated substance means a medicine, poison, prohibited substance or schedule 10 substance.
Medicine-related definitions
(1)In this Act:
medicine means—
(a)a pharmacy medicine; or
(b)a pharmacist only medicine; or
(c)a prescription only medicine; or
(d)a controlled medicine.
(2)In this Act:
controlled medicine means a substance to which the medicines and poisons standard, schedule 8 applies.
NoteSchedule 8 medicines are prescription medicines that have additional restrictions to reduce misuse or dependence. The schedule includes some derivatives of the scheduled medicines (see s 16 (2)).
pharmacist only medicine means a substance to which the medicines and poisons standard, schedule 3 applies.
NoteSchedule 3 medicines are medicines that require advice from a pharmacist to be used safely. The schedule includes some derivatives of the scheduled medicines (see s 16 (2)).
pharmacy medicine means a substance to which the medicines and poisons standard, schedule 2 applies.
NoteSchedule 2 medicines are medicines that may require advice from a pharmacist to be used safely. The schedule includes some derivatives of the scheduled medicines (see s 16 (2)).
prescription only medicine means a substance to which the medicines and poisons standard, schedule 4 applies.
NoteSchedule 4 medicines are medicines (including prescription animal remedies) that are available from a pharmacy on prescription. The schedule includes some derivatives of the scheduled medicines (see s 16 (2)).
Poison-related definitions
(1)In this Act:
poison means—
(a)a low harm poison; or
(b)a moderate harm poison; or
(c)a dangerous poison.
(2)In this Act:
dangerous poison means a substance to which the medicines and poisons standard, schedule 7 applies.
NoteSchedule 7 applies to substances with a high potential for causing harm. The schedule includes some derivatives of the scheduled substances (see s 16 (2)).
low harm poison means a substance to which the medicines and poisons standard, schedule 5 applies.
NoteSchedule 5 applies to substances with a low potential for causing harm. The schedule includes some derivatives of the scheduled substances (see s 16 (2)).
moderate harm poison means a substance to which the medicines and poisons standard, schedule 6 applies.
NoteSchedule 6 applies to substances with a moderate potential for causing harm. The schedule includes some derivatives of the scheduled substances (see s 16 (2)).
Meaning of prohibited substance and schedule 10 substance—Act
(1)In this Act:
prohibited substance—
(a)means a substance to which the medicines and poisons standard, schedule 9 applies; but
(b)does not include cannabis food products.
NoteSch 9 substances are generally illegal substances that are subject to abuse. They include some derivatives of the scheduled substances (see s 16 (2)).
schedule 10 substance means a substance to which the medicines and poisons standard, schedule 10 applies.
NoteSch 10 substances are substances, other than those in sch 9, the sale, supply and use of which is prohibited because of the degree of danger to health they represent. The schedule includes some derivatives of the substances to which the schedule applies (see s 16 (2)).
(2)In this section:
cannabis food product—see the Drugs of Dependence Act 1989, section 6.
Part 3.2Therapeutic goods to which Act applies
Meaning of regulated therapeutic good—Act
In this Act:
regulated therapeutic good means—
(a)any of the following within the meaning of the Therapeutic Goods Act 1989 (Cwlth) as prescribed by regulation:
(i)a therapeutic good (other than a regulated substance);
(ii)a medical device; or
(b)anything else (other than a regulated substance) prescribed by regulation.
Part 3.3Medicines and poisons standard
Meaning of medicines and poisons standard—Act
(1)In this Act:
medicines and poisons standard means the poisons standard, as in force from time to time and as modified by regulation (if any).
NoteFor the public availability and inspection of a copy of the medicines and poisons standard, see s 18.
(2)For subsection (1), but subject to any modification prescribed by regulation, an amendment of a current poisons standard or a new poisons standard takes effect in accordance with the Legislation Act 2003 (Cwlth), section 12.
(3)In this section:
current poisons standard—see the Therapeutic Goods Act 1989 (Cwlth), section 52A (1), definition of current Poisons Standard.
new poisons standard means a document prepared under the Therapeutic Goods Act 1989 (Cwlth), section 52D (2) (b).
poisons standard means a document made under the Therapeutic Goods Act 1989 (Cwlth), section 52D (2).
Interpretation provisions in medicines and poisons standard—application to Act
(1)A term defined in the medicines and poisons standard has the same meaning in this Act.
(2)A provision of the medicines and poisons standard relating to the interpretation of the standard applies in the interpretation of this Act.
Example
If the medicines and poisons standard provides that, subject to stated exceptions, a reference to a substance in a schedule or appendix to the standard includes every salt, active principle or derivative of the substance, then a reference to the substance in this Act includes, subject to the exceptions, a reference to each salt, active principle or derivative of the substance.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
When medicines and poisons standard applies to substances
For this Act, a schedule or appendix of the medicines and poisons standard applies to a substance in a circumstance if—
(a)the substance is included in the schedule or appendix; and
(b)either—
(i)an exclusion in the standard does not, in the circumstance, exclude the substance from the operation of the schedule or appendix; or
(ii)if a restriction is mentioned in the standard for the substance—the restriction applies in relation to the substance in the circumstance.
Example—par (b) (ii)
Substance X is included in sch 4 (Prescription only medicine) of the medicines and poisons standard. Its listing is followed by the restriction ‘for human therapeutic use’. Substance X is not included in another schedule or an appendix of the standard. The standard applies to substance X only for human therapeutic use.
NoteSee also s 9 (Inconsistency between Act and medicines and poisons standard).
Inspection of medicines and poisons standard
The chief health officer must ensure that a copy of the medicines and poisons standard (including any amendments of the standard) is made available for inspection free of charge to the public on business days at reasonable times at an office administered by the chief health officer.
Part 3.4Other important concepts
Meaning of deals with a regulated substance—Act
(1)For this Act, a person deals with a regulated substance if the person does 1 or more of the following:
(a)manufactures the substance;
(b)obtains the substance;
(c)possesses the substance;
(d)supplies the substance;
(e)administers the substance;
(f)discards the substance;
(g)issues a purchase order for the substance;
(h)if the substance is a medicine—
(i)prescribes the medicine; or
(ii)issues a requisition or standing order for the medicine;
(i)if the substance is a dangerous poison, prohibited substance or schedule 10 substance—gives a written or oral direction to—
(i)supply the poison or substance for administration to a person; or
(ii)administer the poison or substance to a person.
(2)For this Act, a person also deals with a regulated substance if the regulated substance otherwise comes into, or goes out of, the person’s possession, including, for example, if the person loses or finds the regulated substance or the substance is stolen from the person.
When authorised to deal with regulated substances
(1)For this Act, a person is authorised to deal with a medicine, low harm poison or moderate harm poison if—
(a)the person has a licence or permit under a Commonwealth Act, this Act or another territory law that authorises the dealing; or
NoteA reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
(b)the person may or must deal with the medicine or poison under a Commonwealth Act, this Act or another territory law; or
(c)the chief health officer approves the dealing under a regulation; or
(d)the dealing is otherwise authorised by regulation.
Examples of Commonwealth Acts—pars (a) and (b)
Customs (Prohibited Imports) Regulations 1956, Narcotic Drugs Act 1967 and Therapeutic Goods Act 1989
Examples of when person may or must deal with medicines—par (b)
1 the person is a dentist and a regulation allows dentists to administer the medicine
2 the person is authorised under the Health Professionals (Special Events Exemptions) Act 2000, s 10 (1) to issue a written prescription for the medicine
3 the person is authorised under the Voluntary Assisted Dying Act 2024, s 66 to administer the medicine
NoteFor the supply of a regulated substance by wholesale, see s (4).
(2)For this Act, a person is authorised to deal with a dangerous poison, prohibited substance or schedule 10 substance if—
(a)the person may or must deal with the poison or substance under a Commonwealth Act, this Act or another territory law; or
(b)the person has a licence under this Act that authorises the dealing.
(3)However, for subsection (2), a person is authorised for an administration-related dealing with a dangerous poison, prohibited substance or schedule 10 substance for human use only if—
(a)the dealing is authorised by a licence for the purposes of research at a recognised research institution; and
(b)the research is approved by a human research ethics committee that is constituted in accordance with, and acting in compliance with, the NHMRC National Statement on Ethical Conduct in Research Involving Humans (1999), as in force from time to time.
NoteAdministration-related dealing, NHMRC and recognised research institution—see s (5).
(4)Also, for this Act, a person is authorised to supply a regulated substance by wholesale if—
(a)the person is authorised (however described) under a corresponding law to supply the substance by wholesale; and
(b)the person does not have a place of business in the ACT; and
(c)if a condition or restriction applies to the person under the corresponding law or is prescribed by regulation—the person complies with each condition or restriction; and
(d)the chief health officer has not, under part 8.1 (Authorisations—disciplinary action), prohibited the person from supplying the substance by wholesale in the ACT.
NoteWholesale—see the dictionary.
(5)In this section:
administration-related dealing, in relation to a dangerous poison, prohibited substance or schedule 10 substance for human use, means—
(a)giving a written or oral direction to administer the poison or substance, or supply the poison or substance for administration, to a person; or
(b)supplying the poison or substance for administration to a person; or
(c)administering the poison or substance to a person.
NHMRC means the National Health and Medical Research Council under the National Health and Medical Research Council Act 1992 (Cwlth).
recognised research institution means any of the following:
(a)the Australian Catholic University;
(b)the Australian National University;
(c)a hospital operated by the Territory;
(d)the Canberra Institute of Technology;
(e)the Commonwealth Scientific and Industrial Research Organisation;
(f)the University College within the Australian Defence Force Academy;
(g)the University of Canberra;
(h)any other entity prescribed by regulation.
Meaning of deals with a regulated therapeutic good—Act
For this Act, a person deals with a regulated therapeutic good if the person supplies the good.
When authorised to deal with regulated therapeutic goods
(1)For this Act, a person is authorised to deal with a regulated therapeutic good if—
(a)the person has a licence or permit under a Commonwealth Act, this Act or another territory law that authorises the dealing; or
(b)the person may or must deal with the good under a Commonwealth Act, this Act or another territory law; or
NoteA reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
(c)the chief health officer approves the dealing under a regulation; or
(d)the dealing is otherwise authorised by regulation.
(2)Also, for this Act, a person is authorised to supply a regulated therapeutic good by wholesale if—
(a)the person is authorised (however described) under a corresponding law to supply the good by wholesale; and
(b)the person does not have a place of business in the ACT; and
(c)if a condition or restriction applies to the person under the corresponding law or is prescribed by regulation—the person complies with each condition or restriction; and
(d)the chief health officer has not, under part 8.1 (Authorisations—disciplinary action), prohibited the person from supplying the good by wholesale in the ACT.
NoteWholesale—see the dictionary.
Meaning of supply authority—Act
In this Act:
supply authority—each of the following is a supply authority:
(a)a written prescription;
(b)a written requisition;
(c)a purchase order;
(d)a standing order;
(e)a document that purports to be a document mentioned in paragraph (a), (b), (c) or (d).
NoteA purchase order and standing order must be in writing (see the definitions of these terms in the dictionary).
Meaning of possess, sell and supply—Act
In this Act:
possess, for a regulated substance, includes the following:
(a)receive or obtain possession of the substance;
(b)have control over the disposition of the substance (whether with or without custody of the substance);
(c)have joint possession of the substance.
sell includes the following:
(a)offer or expose for sale;
(b)dispose of by any method for value (or offer or expose for disposal by any method for value);
(c)possess for sale or disposal for value.
supply—
(a)includes the following:
(i)sell (or offer or expose for sale);
(ii)dispense;
NoteDispense means supply on prescription (see dict).
(iii)supply under a requisition or standing order;
(iv)dispose of by any method for free (other than by discarding); but
(b)does not include administer.
Chapter 4Offences relating to regulated substances
Part 4.1Dealings with regulated substances—offences
Division 4.1.1 Preliminary
Meaning of declared substance—pt 4.1
In this part:
declared substance means—
(a)a medicine; or
(b)a dangerous poison; or
(c)a prohibited substance; or
(d)a schedule 10 substance; or
(e)a low harm poison, or moderate harm poison, prescribed by regulation.
Division 4.1.2 Declared substances—supply
Supplying declared substances
(1)A person commits an offence if—
(a)the person supplies a declared substance to someone else; and
(b)the person is not authorised to supply the substance to the other person.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
NoteSupply includes sell or offer to sell (see s 24).
(2)A person commits an offence if—
(a)the person supplies a declared substance to themself; and
(b)the person is not authorised to supply the substance to themself.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
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.
Supplying declared substances on invalid supply authorities—recklessness
A person (the supplier) commits an offence if—
(a)a supply authority is issued by a person who is not authorised to issue the authority; and
(b)the supplier supplies a declared substance on the supply authority; and
(c)the supplier is reckless about whether the supply authority is issued by someone who is not authorised to issue it.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Supplying declared substances on invalid supply authorities—other offences
(1)A person commits an offence if—
(a)the person supplies a declared substance on a supply authority; and
(b)1 or more of the following apply in relation to the supply authority:
(i)the person knows the authority was obtained because of false information given to the person (the issuer) who issued the authority;
(ii)the person could reasonably believe that the authority has been changed by someone other than the issuer;
(iii)the person could reasonably believe that the authority is false in a material particular.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)However, subsection (1) (b) (ii) does not apply to the supply of a declared substance by a person if—
(a)before supplying the substance, the person checks whether the change to the supply authority was made by the issuer; and
(b)the issuer confirms the change.
(3)Further, subsection (1) (b) (ii) does not apply to the supply of a declared substance on a prescription or requisition if—
(a)before the substance is supplied by the person, the prescription or requisition is changed at the oral direction of the issuer; and
(b)the person notes the change on the prescription or requisition as prescribed by regulation.
Cancellation etc of invalid supply authorities for declared substances
(1)In this section:
relevant circumstance, in relation to a supply authority given to a person to supply a declared substance, means—
(a)all or part of the authority is illegible; or
(b)all or part of the authority has been obliterated; or
(c)1 or more of the following apply in relation to the supply authority:
(i)the supply authority was issued by someone who was not authorised to issue it;
(ii)the person knows the authority was obtained because of false information given to the person (the issuer) who issued the authority;
(iii)the person could reasonably believe that the authority has been changed by someone other than the issuer;
(iv)the person could reasonably believe that the authority is false in a material particular;
(v)the person could reasonably believe that the supply authority is a forgery.
(2)A person commits an offence if—
(a)the person is authorised to supply a declared substance on a supply authority; and
(b)the person is given a supply authority for the supply of the substance; and
(c)a relevant circumstance applies in relation to the authority; and
(d)the person does not cancel the authority as prescribed by regulation.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
NoteFor how long a cancelled supply authority must be kept, see s 47.
Supply of certain declared substances—information for chief health officer
(1)A person commits an offence if—
(a)the person supplies any of the following on a supply authority:
(i)a monitored medicine;
(ii)a declared substance (other than a monitored medicine) prescribed by regulation; and
(b)the person does not give the chief health officer the required information as prescribed by regulation.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person supplies any of the following otherwise than on a supply authority:
(i)a monitored medicine;
(ii)a declared substance (other than a monitored medicine) prescribed by regulation; and
(b)the person does not give the chief health officer the required information as prescribed by regulation.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)Strict liability applies to subsection (1) (b) and subsection (2) (b).
(4)In this section:
required information means the information prescribed by regulation.
Information about invalid supply authorities for chief health officer
(1)A person commits an offence if—
(a)the person cancels a supply authority for a declared substance prescribed by regulation for section 30 (Cancellation etc of invalid supply authorities for declared substances); and
(b)the declared substance is—
(i)a prescription only medicine; or
(ii)a controlled medicine; or
(iii)a dangerous poison; or
(iv)another declared substance prescribed by regulation; and
(c)either—
(i)the person fails to tell the chief health officer and a police officer about the authority and the reason for cancelling the authority immediately after cancelling it; or
(ii)not later than 24 hours after the relevant circumstance under section 30 happens, the person fails to—
(A)tell the chief health officer, in writing, about the reason; and
(B)give the chief health officer a copy of the cancelled authority.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person supplies a declared substance on a supply authority; and
(b)the declared substance is—
(i)a prescription only medicine; or
(ii)a controlled medicine; or
(iii)a dangerous poison; or
(iv)another declared substance prescribed by regulation; and
(c)after the person supplies the substance the person becomes aware of any of the following (the designated circumstance):
(i)the supply authority was issued by someone who was not authorised to issue it;
(ii)the supply contravened a provision of—
(A)section 27 (1) (c) (Supplying declared substances on invalid supply authorities—strict liability offences); or
(B)section 29 (1) (b) (Supplying declared substances on invalid supply authorities—other offences); and
(d)either—
(i)the person fails to tell the chief health officer and a police officer about the supply authority immediately after the person becomes aware of the designated circumstance; or
(ii)not later than 24 hours after the person becomes aware of the designated circumstance, the person fails to—
(A)tell the chief health officer, in writing, about the supply authority; and
(B)give the chief health officer a copy of the authority.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)A person must not be prosecuted for an offence under subsection (2) involving a contravention of section 27 (1) (c) or section 29 (1) (b) if—
(a)at the time the person supplied the declared substance on the supply authority the person believed on reasonable grounds that no designated circumstance applied in relation to the supply authority; and
(b)the person does not contravene subsection (2).
Division 4.1.3 Regulated substances—other dealings
Manufacturing regulated substances
A person commits an offence if—
(a)the person manufactures a regulated substance; and
(b)the person is not authorised to manufacture the substance.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Discarding declared etc substances
(1)A person commits an offence if—
(a)a regulation prescribes how a declared substance must be discarded; and
(b)the person discards the substance; and
(c)the person does not discard the substance as prescribed.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person possesses a declared substance; and
(b)the chief health officer gives the person a direction under section 191 (Directions about dealings with regulated substances and therapeutic goods) in relation to the discarding of the substance; and
(c)the person does not discard the substance as directed.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)A person commits an offence if the person discards a declared substance in a way that—
(a)puts the health or safety of people at risk; or
(b)is likely to cause damage to property or the environment.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
NoteThe Dangerous Substances Act 2004, Environment Protection Act 1997 and Work Health and Safety Act 2011 may also apply to the discarding of a regulated substance.
(4)However, subsection (3) does not apply if the declared substance is discarded in accordance with—
(a)a regulation about how the substance must be discarded; or
(b)a direction by the chief health officer under section 191.
(5)A person commits an offence if—
(a)the person discards a low harm poison or moderate harm poison; and
(b)the poison is not a declared substance; and
(c)the discarding—
(i)puts the health or safety of people at risk; or
(ii)causes damage to property or the environment.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
NoteThe Dangerous Substances Act 2004, Environment Protection Act 1997 and Work Health and Safety Act 2011 may also apply to the discarding of a regulated substance.
Obtaining certain declared substances
(1)A person commits an offence if—
(a)the person obtains a declared substance that is—
(i)a pharmacy medicine, or pharmacist only medicine, prescribed by regulation; or
(ii)a prescription only medicine; or
(iii)a controlled medicine; or
(iv)a dangerous poison; or
(v)a prohibited substance; and
(b)the person is not authorised to obtain the substance.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2)A person commits an offence if—
(a)the person obtains a prescription only medicine; and
(b)the person is not authorised to obtain the medicine.
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Possessing certain declared substances
A person commits an offence if—
(a)the person possesses a declared substance that is—
(i)a pharmacy medicine, or pharmacist only medicine, prescribed by regulation; or
(ii)a prescription only medicine; or
(iii)a controlled medicine; or
(iv)a dangerous poison; or
(v)a prohibited substance; and
(b)the person is not authorised to possess the substance.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Administering certain declared substances
(1)A person commits an offence if—
(a)the person administers a declared substance (other than a pharmacy medicine or pharmacist only medicine) to someone else; and
(b)the person is not authorised to administer the substance to the other person.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person administers a declared substance (other than a pharmacy medicine or pharmacist only medicine) to themself; and
(b)the person is not authorised to administer the substance to themself.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)A person does not commit an offence under the Criminal Code, section 45 (Complicity and common purpose) in relation to an offence committed by another person under subsection (1) or (2) of this section only because the person supplies sterile injecting equipment to the other person for the purpose of preventing the spread of blood-borne disease.
(4)A person commits an offence if—
(a)the person administers a declared substance (other than a pharmacy medicine or pharmacist only medicine) to an animal; and
(b)the person is not authorised to administer the substance to the animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Issuing purchase orders for declared substances
(1)A person commits an offence if—
(a)the person issues a purchase order for a declared substance; and
(b)the person is not authorised to issue the purchase order for the substance.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person is authorised to issue a purchase order for a declared substance; and
(b)the person issues a purchase order for the substance; and
(c)the purchase order does not comply with the requirements prescribed by regulation.
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Reporting loss and theft of certain regulated substances
(1)In this section:
reportable substance means—
(a)a controlled medicine; or
(b)a dangerous poison; or
(c)a prohibited substance; or
(d)a schedule 10 substance; or
(e)another regulated substance prescribed by regulation.
(2)A person commits an offence if—
(a)the person is authorised to possess a reportable substance; and
(b)the person possesses the substance; and
(c)the substance is lost or the person suspects that the substance has been lost; and
(d)the person fails to tell the chief health officer, in writing, about the loss or suspected loss and how it happened as soon as practicable (but not later than 7 days) after the day the person becomes aware of the loss or suspected loss.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)A person commits an offence if—
(a)the person is authorised to possess a reportable substance; and
(b)the person possesses the substance; and
(c)the substance is stolen or the person suspects that the substance has been stolen; and
(d)the person fails to tell the chief health officer and a police officer about the theft or suspected theft—
(i)orally immediately after the person becomes aware of the theft or suspected theft; and
(ii)in writing not later than 24 hours after the person becomes aware of the theft or suspected theft.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Prescribing medicines
(1)A person commits an offence if—
(a)the person prescribes a medicine (whether orally or in writing) for someone else; and
(b)the person is not authorised to prescribe the medicine for the other person.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person prescribes a medicine (whether orally or in writing) for themself; and
(b)the person is not authorised to prescribe the medicine for themself.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)A person commits an offence if—
(a)the person prescribes a medicine (whether orally or in writing) for an animal; and
(b)the person is not authorised to prescribe the medicine for the animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Issuing requisitions for medicines
A person commits an offence if—
(a)the person issues a requisition for a medicine (whether orally or in writing); and
(b)the person is not authorised to issue the requisition.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Issuing standing orders for medicines
A person commits an offence if—
(a)the person issues a standing order for a medicine; and
(b)the person is not authorised to issue the standing order.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Medicines for animals not to be prescribed etc for human use
(1)A person commits an offence if—
(a)the person prescribes a medicine for human use; and
(b)the medicine is manufactured, packed, labelled or prepared for use for animal treatment; and
(c)the person is not authorised to prescribe the medicine for human use.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person supplies a medicine for human use; and
(b)the medicine is manufactured, packed, labelled or prepared for use for animal treatment; and
(c)the person is not authorised to supply the medicine for human use.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
NoteSupply includes dispense (see s 24).
(3)A person commits an offence if—
(a)the person administers a medicine to themself or someone else; and
(b)the medicine is manufactured, packed, labelled or prepared for use for animal treatment; and
(c)the person is not authorised to administer the medicine for human use.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Division 4.1.4 Dealings—other offences
Contravening authorisation conditions for regulated substances
(1)A person commits an offence if—
(a)the person is authorised to deal with a regulated substance; and
(b)the authorisation is subject to a condition; and
(c)the person is reckless about whether the dealing contravenes the condition.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2)A person commits an offence if—
(a)the person is authorised to deal with a regulated substance; and
(b)the authorisation is subject to a condition; and
(c)the person contravenes the condition.
Maximum penalty: 50 penalty units.
Note 1For examples of conditions that might be prescribed by regulation, see s 186.
Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(3)An offence against subsection (2) is a strict liability offence.
Pretending to be authorised to deal with regulated substance
(1)A person commits an offence if the person pretends to be authorised to deal with a regulated substance.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if the person pretends to be authorised to deal with a regulated substance.
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Part 4.2Records for regulated substances—offences
Division 4.2.1 Record-keeping generally
Accessibility of records
(1)A person commits an offence if—
(a)the person is required under this Act to record something in relation to a regulated substance; and
(b)the person does not record the thing—
(i)in writing; and
(ii)in English; and
(iii)in a way that is easily retrievable.
Maximum penalty: 50 penalty units.
Note 1Written includes in electronic form (see dict).
Note 2A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
(2)An offence against this section is a strict liability offence.
Keeping cancelled invalid supply authorities
(1)A person commits an offence if—
(a)the person cancels a supply authority under section 30 (Cancellation etc of invalid supply authorities for declared substances); and
(b)the person fails to ensure that the cancelled supply authority is kept for at least 2 years after the day the person cancels the supply authority.
Maximum penalty: 50 penalty units.
(2)Subsection (1) does not apply to a person if—
(a)the person is required under this Act to give the supply authority to the chief health officer or a police officer; or
(b)either the chief health officer or a police officer requires the person to give the supply authority to the chief health officer or police officer.
(3)An offence against subsection (1) is a strict liability offence.
Division 4.2.2 Registers for regulated substances
Meaning of must keep register—div 4.2.2
For this division, a person must keep a register for a regulated substance—
(a)if the person is prescribed by regulation for the substance; or
(b)if—
(i)the person is a pharmacist who is responsible for the management of a community pharmacy; and
(ii)controlled medicines are kept at the pharmacy.
NoteCommunity pharmacy—see the dictionary.
Registers—not keeping
(1)A person commits an offence if—
(a)the person must keep a register for a regulated substance; and
(b)the person does not keep the register as prescribed by regulation.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person must keep a register for a regulated substance; and
(b)the person does not keep the register as prescribed by regulation.
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Registers—where to be kept
(1)A person commits an offence if—
(a)the person must keep a register for a regulated substance; and
(b)a regulation prescribes a place to keep the register; and
(c)the person fails to keep the register at the place prescribed.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person must keep a register for a regulated substance; and
(b)a regulation prescribes a place to keep the register; and
(c)the person fails to keep the register at the place prescribed.
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Registers—duty to ensure entries made
(1)A person (the principal) who must keep a register for a regulated substance commits an offence if—
(a)the principal, or an employee or agent of the principal, deals with the regulated substance; and
(b)the principal fails to ensure that the details prescribed by regulation for the dealing are entered in the register prescribed by regulation as soon as practicable (but not later than 24 hours) after the dealing happens.
Maximum penalty: 50 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
Registers—signing entries
(1)A person commits an offence if—
(a)the person makes an entry in a register for a regulated substance; and
(b)the person fails to sign the entry as soon as practicable (but not later than 24 hours) after the entry is made.
Maximum penalty: 50 penalty units.
NoteSigns—see the dictionary.
(2)An offence against this section is a strict liability offence.
Registers—witnessing administration of medicines
A person commits an offence if—
(a)a regulated substance is prescribed by regulation; and
(b)the person is prescribed by regulation as a witness in relation to the administration of the substance; and
(c)the person witnesses the administration of the medicine; and
(d)the administration of the medicine is entered in a register for the medicine; and
(e)the person fails to sign the entry in the register as witness as soon as practicable (but not later than 24 hours) after the entry is made.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
NoteSigns—see the dictionary.
Registers—witnessing discarding
A person commits an offence if—
(a)a regulated substance is prescribed by regulation; and
(b)the person is prescribed by regulation as a witness in relation to the discarding of the substance; and
(c)the person witnesses the discarding of the substance; and
(d)the discarding of the substance is entered in the register for the substance; and
(e)the person fails to sign the entry in the register as witness as soon as practicable (but not later than 24 hours) after the entry is made.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
NoteSigns—see the dictionary.
Registers—changes etc to entries
(1)A person commits an offence if the person cancels, changes, deletes or obliterates an entry in a register for a regulated substance.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)However, subsection (1) does not apply to a person if the person—
(a)made the entry in the register; and
(b)amends the entry as prescribed by regulation.
NoteIt is an offence to produce a document in compliance with a territory law if the document is false or misleading in a material particular (see Criminal Code, s 339).
Registers—period to be kept
(1)A person commits an offence if—
(a)the person must keep a register for a regulated substance; and
(b)the person fails to ensure that the register is kept for at least 2 years after the day when the last entry is made in the register.
Maximum penalty: 50 penalty units.
NoteFor how long a register for a regulated substance kept electronically must be kept, see the Electronic Transactions Act 2001, s 11 and this Act, s 187.
(2)An offence against this section is a strict liability offence.
Registers—damage or loss
(1)A person commits an offence if—
(a)the person must keep a register for a regulated substance; and
(b)the register is damaged in a material respect, stolen, lost or destroyed; and
(c)the person fails to tell the chief health officer, in writing, about the damage, theft, loss or destruction as soon as practicable (but not later than 7 days) after the day it happens.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person must keep a register for a regulated substance; and
(b)the register is damaged in a material respect, stolen, lost or destroyed; and
(c)the person does not take an inventory as prescribed by regulation of each regulated substance in the person’s possession to which the register related.
NotePossess includes have control over disposition (see s 24).
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)This section does not apply to a register for a regulated substance if the most recent entry in the register is made more than 2 years before the day the register is damaged, stolen, lost or destroyed.
(4)In this section:
material respect—a register for a regulated substance is damaged in a material respect if anything required to be entered in the register is missing or cannot be easily read.
Transferring responsibility for community pharmacies—stocktake etc of controlled medicines
(1)A pharmacist (the responsible pharmacist) who is responsible for the management of a community pharmacy commits an offence if—
(a)the pharmacist proposes to stop being responsible for the pharmacy for a continuous period of longer than 14 days; and
(b)before the pharmacist stops being responsible for the pharmacy, the pharmacist fails to—
(i)take a written inventory of each quantity of each form and strength of a controlled medicine held in the pharmacy; and
(ii)enter each of the quantities in the controlled medicines register for the pharmacy; and
(iii)sign and date each entry in the register.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Note Community pharmacy and signs—see the dictionary.
(2)A pharmacist commits an offence if—
(a)the pharmacist intends to take responsibility for a community pharmacy for a continuous period of more than 14 days; and
(b)before taking responsibility for the pharmacy, the pharmacist fails to—
(i)check the entries made in the controlled medicines register for the pharmacy under subsection (1) (b) (ii); and
(ii)for each of the entries in the register, indicate in writing whether the pharmacist agrees that the entry is a correct record of the quantity of the form and strength of the controlled medicine held in the pharmacy; and
(iii)sign and date each of the entries in the register.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)The responsible pharmacist for a community pharmacy commits an offence if—
(a)the pharmacist takes an inventory of controlled medicines held in the pharmacy; and
(b)the quantity of a form and strength of a controlled medicine held at the pharmacy is not the quantity shown for the form and strength of the medicine in the controlled medicines register for the pharmacy; and
(c)the pharmacist fails to take reasonable steps to resolve the discrepancy between—
(i)the quantity of the form and strength of the controlled medicine held at the pharmacy; and
(ii)the quantity shown in the register.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(4)The responsible pharmacist for a community pharmacy commits an offence if—
(a)the pharmacist takes an inventory of controlled medicines held in the pharmacy; and
(b)the quantity of a form and strength of a controlled medicine held at the pharmacy is not the quantity shown for the form and strength of the medicine in the controlled medicines register for the pharmacy; and
(c)the pharmacist does not tell the chief health officer about the discrepancy—
(i)orally immediately after checking the entries in the controlled medicines register; and
(ii)in writing not later than 24 hours after finishing the check.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(5)In this section:
controlled medicines register, for a community pharmacy, means a register for controlled medicines that a pharmacist must keep for the pharmacy under section 48 (Meaning of must keep register—div 4.2.2).
Part 4.3Regulated substances—other offences
Division 4.3.1 Packaging and labelling—offences
Packaging of supplied regulated substances
(1)A person commits an offence if—
(a)the person is authorised to supply a regulated substance; and
(b)the person supplies the substance to someone else; and
(c)the substance is not packaged—
(i)as prescribed by regulation; or
(ii)in accordance with an approval under section 193 (Approval of non-standard packaging and labelling).
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person is authorised to supply a regulated substance; and
(b)the person supplies the substance to someone else; and
(c)the substance is not packaged—
(i)as prescribed by regulation; or
(ii)in accordance with an approval under section 193.
Maximum penalty: 50 penalty units.
(3)This section does not apply to a regulated substance that is supplied for immediate administration to a person.
(4)An offence against subsection (2) is a strict liability offence.
Labelling of supplied regulated substances
(1)A person commits an offence if—
(a)the person is authorised to supply a regulated substance; and
(b)the person supplies a regulated substance to someone else; and
(c)the substance is not labelled—
(i)as prescribed by regulation; or
(ii)in accordance with an approval under section 193 (Approval of non-standard packaging and labelling).
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person is authorised to supply a regulated substance; and
(b)the person supplies a regulated substance to someone else; and
(c)the substance is not labelled—
(i)as prescribed by regulation; or
(ii)in accordance with an approval under section 193.
Maximum penalty: 50 penalty units.
(3)This section does not apply to a regulated substance that is supplied for immediate administration to a person.
(4)An offence against subsection (2) is a strict liability offence.
Division 4.3.2 Storage—offence
Storing declared substances
A person commits an offence if—
(a)the person is authorised to possess a declared substance; and
(b)the person is prescribed by regulation in relation to the substance; and
(c)the person fails to store the substance as prescribed by regulation.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Division 4.3.3 Containers—offences
Permanently named containers—use for other regulated substances
A person commits an offence if—
(a)the person uses a container for a regulated substance; and
(b)the container is permanently marked with the name of a different regulated substance.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Certain containers not to be used for human-use substances
(1)A person commits an offence if—
(a)the person supplies a human-use substance in a container; and
(b)the container is of a kind prescribed by regulation.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)For this section, each of the following substances is a human-use substance:
(a)food;
(b)a drink;
(c)a condiment.
Division 4.3.4 Representations and advertisements—offences
False statements to obtain certain regulated substances etc
(1)In this section:
reportable substance—see section 39.
(2)A person commits an offence if—
(a)the person makes a statement to a person (the authorised person) who is authorised to administer or supply a reportable substance; and
NoteSupply includes dispense on prescription (see s 24).
(b)the statement is false or misleading; and
(c)the person knows the statement—
(i)is false or misleading; or
(ii)omits anything without which the statement is false or misleading; and
(d)the person makes the statement for the purpose of obtaining the substance from the authorised person.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)A person commits an offence if—
(a)the person makes a statement to a person (the authorised person) who is authorised to issue a prescription or purchase order for a reportable substance; and
(b)the statement is false or misleading; and
(c)the person is reckless about whether the statement—
(i)is false or misleading; or
(ii)omits anything without which the statement is false or misleading; and
(d)the person makes the statement for the purpose of obtaining the prescription or purchase order from the authorised person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(4)A person commits an offence if—
(a)the person states a name or home address to—
(i)a person (the authorised person) authorised to dispense a reportable substance; or
(ii)an employee or agent of an authorised person in the course of the employee’s or agent’s employment or agency; and
(b)the statement—
(i)is false or misleading; or
(ii)omits anything without which the statement is false or misleading.
Maximum penalty: 50 penalty units.
(5)An offence against subsection (4) is a strict liability offence.
(6)Subsections (2), (3) and (4) do not apply to the making of a statement if the statement is not false or misleading in a material particular.
(7)Subsections (2), (3) and (4) do not apply to the omission of something from a statement if the omission does not make the statement not false or misleading in a material particular.
Falsely representing substance is regulated
(1)A person (the supplier) commits an offence if—
(a)the supplier supplies a substance as a particular regulated substance (the purported substance); and
(b)the supplier knows that the substance is not the purported substance.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2)A person (the supplier) commits an offence if—
(a)the supplier supplies a substance as a particular regulated substance (the purported substance); and
(b)the supplier is reckless about whether the substance is the purported substance.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Advertising controlled medicines and prohibited substances
(1)A person commits an offence if—
(a)the person publishes an advertisement; and
(b)the advertisement promotes or encourages the use of a controlled medicine or prohibited substance.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person publishes an advertisement; and
(b)the advertisement indicates that someone is willing or authorised to supply a controlled medicine or prohibited substance.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)This section does not apply to—
(a)an advertisement for a controlled medicine in a publication published primarily for dentists, doctors, pharmacists or veterinary practitioners; or
(b)an advertisement by a pharmacist prescribed by regulation; or
(c)an advertisement prescribed by regulation.
(4)In this section:
advertisement means writing, sound or a picture, symbol, light or other visible device, object or sign (or a combination of 2 or more of these) that a reasonable person would consider publicises, or otherwise promotes, the purchase or use of a controlled medicine or prohibited substance.
Division 4.3.5 Vending machines—offences
Meaning of vending machine—div 4.3.5
In this division:
vending machine means a machine or device from which regulated substances can be obtained, including by 1 or more of the following:
(a)electronic funds transfer;
(b)inserting money, a token or another object.
Examples of other objects—par (b)
1credit card
2debit card
3key
Vending machines—use for supply of regulated substances
(1)A person commits an offence if—
(a)the person is the occupier of premises; and
(b)a vending machine is installed on the premises; and
(c)the vending machine is used, or available for use, for the supply of a regulated substance by a person other than the occupier or an employee or agent of the occupier.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)Subsection (1) does not apply if the vending machine was placed on the premises without the occupier’s consent.
Vending machines—use for supply of unscheduled medicines
(1)In this section:
manufacturer’s pack, of an unscheduled medicine, means a primary pack of the medicine that has been packaged and labelled by the medicine’s manufacturer as prescribed by regulation.
unscheduled medicine means a substance mentioned in the medicines and poisons standard, schedules 2, 3, 4 or 8 if none of the schedules apply to the substance because of an exception in the standard.
Example
Aspirin is mentioned in several schedules but in small packages is an unscheduled medicine.
(2)A person commits an offence if—
(a)the person is the occupier of premises; and
(b)a vending machine is installed on the premises; and
(c)the vending machine is used, or available for use, for the supply of an unscheduled medicine.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)Subsection (2) does not apply if the vending machine was placed on the premises without the occupier’s consent.
(4)Also, subsection (2) does not apply if—
(a)the unscheduled medicine is supplied in a manufacturer’s pack containing not more than 2 adult doses of the medicine; and
(b)the medicine was packed in the manufacturer’s pack by the manufacturer of the medicine; and
(c)the vending machine is presented and located in a way that makes unsupervised access by children unlikely.
Approval of non-standard packaging and labelling
(1)The chief health officer may approve the packaging or labelling of a regulated substance that does not comply with the medicines and poisons standard if satisfied that the use of the packaging or labelling is as safe as using the packaging or labelling allowed under the standard for the substance.
(2)The chief health officer may approve a form of packaging or labelling for a regulated therapeutic good if satisfied that the use of the packaging or labelling is safe.
(3)An approval may be conditional.
(4)An approval is a notifiable instrument.
Establishment of medicines advisory committee
The Medicines Advisory Committee is established.
Secrecy
(1)In this section:
court includes any tribunal or other entity having power to require the production of documents or the answering of questions.
produce includes permit access to.
protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act.
(2)This section applies to—
(a)a person who is or has been a member of the medicines advisory committee; or
(b)anyone else who has exercised, or purported to exercise, a function under this Act.
(3)A person to whom this section applies commits an offence if the person—
(a)makes a record of protected information; or
(b)directly or indirectly discloses or communicates to a person protected information about someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(4)Subsection (3) does not apply if the record is made, or the information is disclosed or communicated—
(a)under this or any other Act; or
(b)in relation to the exercise of a function of the person to whom this section applies under this or any other Act; or
(c)about a person if the giving of the information is necessary to remove a threat to the life or health of the person; or
(d)to a person administering or enforcing a corresponding law; or
(e)to a law enforcement authority; or
(f)to a national board under the Health Practitioner Regulation National Law (ACT) or the veterinary practitioners board; or
(g)to a court under a summons or subpoena.
(5)Subsection (3) does not prevent a person to whom this section applies from communicating protected information to a person about someone else with the consent of the other person.
Protection of officials from liability
(1)In this section:
official means—
(a)a member of the medicines advisory committee; or
(b)anyone else who exercises a function under this Act.
(2)An official, or anyone engaging in conduct under the direction of an official, is not personally liable for anything done or omitted to be done honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the conduct was in the exercise of a function under this Act.
(3)Any civil liability that would, apart from subsection (2), attach to an official attaches instead to the Territory.
Determination of fees
(1)The Minister may determine fees for this Act.
(2)A determination is a disallowable instrument.
Schedule 1Reviewable decisions
(see ch 9)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 85 | issue licence for less than maximum period | applicant for licence |
| 2 | 85 (2) | refuse to issue licence | applicant for licence |
| 3 | 90 (1) | issue licence subject to condition included by chief health officer | applicant for licence |
| 4 | 91 | amend licence | licence-holder |
| 5 | 92 | amend licence in terms different from application or refuse to amend licence | licence-holder |
| 6 | 142 (3) | · reprimand authorisation holder · require authorisation holder or employee to complete training · impose condition on authorisation holder’s authority to deal with regulated substance/regulated therapeutic good · amend authorisation holder’s authority to deal with regulated substance/regulated therapeutic good · suspend authorisation holder’s authority to deal with regulated substance/regulated therapeutic good or deal with regulated substance/regulated therapeutic good in particular way · period of suspension/course of training/stated event · cancel authorisation holder’s authority to deal with regulated substance/regulated therapeutic good · prohibit interstate wholesaler from supplying regulated substance/regulated therapeutic good by wholesale in ACT | authorisation holder |
| 7 | 142 (3) | · reprimand former authorisation holder · disqualify former authorisation holder from being authorised to deal with regulated substance/regulated therapeutic good or deal with regulated substance/regulated therapeutic good in particular way · period of disqualification/course of training/stated event · prohibit former interstate wholesaler from supplying regulated substance/regulated therapeutic good by wholesale in ACT | former authorisation holder |
| 8 | 191 | give direction | person to whom direction is given |
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· bankrupt or personally insolvent
· chief health officer
· contravene
· corporation
· dentist
· doctor
· found guilty
· function
· health practitioner
· home address
· midwife
· Minister (see s 162)
· optometrist
· pharmacist
· reviewable decision notice
· territory-owned corporation
· under
· veterinary practitioner.
another jurisdiction, for chapter 6A (Monitored medicines database)—see section 97B.
applied provisions, for chapter 10 (Incorporation of Commonwealth therapeutic goods laws)—see section 156.
applies, in relation to a substance for a schedule or appendix of the medicines and poisons standard—see section 17.
approved data source entity, for chapter 6A (Monitored medicines database)—see section 97B.
at premises includes in or on the premises.
authorisation holder, for part 8.1 (Authorisations—disciplinary action)—see section 139.
authorised—
(a)to deal with a regulated substance—see section 20; and
(b)to deal with a regulated therapeutic good—see section 22.
business includes—
(a)a business not carried on for profit; and
(b)a trade or profession.
close associate, of someone, for chapter 6 (Licences for regulated substances and regulated therapeutic goods)—see section 79.
Commonwealth administrative laws, for chapter 10 (Incorporation of Commonwealth therapeutic goods laws)—see section 156.
Commonwealth Minister, for chapter 10 (Incorporation of Commonwealth therapeutic goods laws)—see section 156.
Commonwealth Secretary, for chapter 10 (Incorporation of Commonwealth therapeutic goods laws)—see section 156.
Commonwealth therapeutic goods laws, for chapter 10 (Incorporation of Commonwealth therapeutic goods laws)—see section 156.
community pharmacy means a pharmacy at a place other than an institution.
connected, with an offence, for part 7.1 (Inspection and seizure powers)—see section 98.
controlled medicine—see section 11.
corresponding law means—
(a)a law of a State corresponding, or substantially corresponding, to this Act; or
(b)a law of the Commonwealth, a State or New Zealand that is declared by regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
NoteState includes a territory (see Legislation Act, dict, pt 1).
dangerous poison—see section 12.
day hospital means a facility where a person is admitted for surgical or medical treatment and discharged on the same day.
deals—
(a)with a regulated substance—see section 19; and
(b)with a regulated therapeutic good—see section 21.
declared substance, for part 4.1 (Dealings with regulated substances—offences)—see section 25.
disciplinary action, for part 8.1 (Authorisations—disciplinary action)—see section 141.
disciplinary notice, for part 8.1 (Authorisations—disciplinary action)—see section 142 (1).
dispense means supply on prescription.
dosage unit means an individual dose of a medicine or poison for therapeutic use and includes a tablet, capsule, cachet, single-dose powders or single-dose sachet or powders or granules.
drug offence, for part 8.2 (Controlled medicines and prohibited substances—disqualification by courts)—see section 147.
executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
ground for disciplinary action, against an authorisation holder, for part 8.1 (Authorisations—disciplinary action)—see section 140 (1).
hospital—
(a)means a public hospital, private hospital or day hospital; and
NoteA hospice is a hospital (see The Macquarie Dictionary, 3rd ed, def hospice).
(b)includes a body prescribed by regulation as a hospital.
influential person, for a corporation, for chapter 6 (Licences for regulated substances and regulated therapeutic goods)—see section 80.
institution—
(a)means a hospital, residential aged care facility, residential disability care facility or other institution used for the accommodation, treatment and care of people suffering from mental or physical conditions; and
NoteHospital, residential aged care facility and residential disability care facility are defined in this dictionary.
(b)includes a body prescribed by regulation as an institution.
interstate wholesaler, for part 8.1 (Authorisations—disciplinary action)—see section 139.
licence, for chapter 6 (Licences for regulated substances and regulated therapeutic goods)—see section 78.
low harm poison—see section 12.
manufacture, for a regulated substance, means do 1 or more of the following in relation to the substance:
(a)carry out a process to produce the substance;
(b)refine the substance;
(c)convert the substance into another regulated substance;
(d)make or prepare an ampoule, capsule, tablet, vial or other dosage form that consists of, or contains, the substance;
(e)mix, compound or formulate the substance with another regulated substance or any other substance;
(f)pack or repack the substance for sale by wholesale or for use in connection with a business, industry, profession or trade.
medicine—see section 11.
medicines advisory committee means the Medicines Advisory Committee established under section 194.
medicines and poisons inspector—see section 99.
medicines and poisons standard—see section 15.
moderate harm poison—see section 12.
monitored medicine—see section 97A.
monitored medicines database, for chapter 6A (Monitored medicines database)—see section 97B.
must keep, a register for a regulated substance, for division 4.2.2 (Registers for regulated substances)—see section 48.
occupier, of premises, for part 7.1 (Inspection and seizure powers)—see section 98.
offence, for part 7.1 (Inspection and seizure powers)—see section 98.
opioid dependency treatment centre means a facility—
(a)licensed under this Act to treat opioid dependency; or
(b)operated by the Territory where treatment, including the supply and administration of controlled medicines, is provided to drug‑dependent people for their drug dependency.
pharmacist only medicine—see section 11.
pharmacy medicine—see section 11.
poison—see section 12.
possess, for a regulated substance—see section 24.
premises includes land or a structure or vehicle and any part of an area of land or a structure or vehicle.
prescribe a medicine means issue a prescription for the medicine.
prescription, in relation to a medicine, means an oral or written direction (other than a purchase order, requisition or standing order) to a person—
(a)who is authorised to administer the medicine to administer the medicine; or
(b)who is authorised to dispense the medicine to dispense the medicine.
prescription only medicine—see section 11.
prohibited substance—see section 13.
purchase order means a written order for the supply of a regulated substance.
register, for a regulated substance, means a register that a person is required to keep under section 48 for the substance.
regulated substance—see section 10.
regulated therapeutic good—see section 14.
regulated thing, for chapter 12 (Regulations about regulated substances and regulated therapeutic goods)—see section 183.
relevant health practitioner, for chapter 6A (Monitored medicines database)—see section 97B.
relevant person, for part 8.2 (Controlled medicines and prohibited substances—disqualification by courts)—see section 147.
required information, about the supply of a monitored medicine, for chapter 6A (Monitored medicines database)—see section 31 (4).
requisition means an oral or written request for the supply of a medicine—
(a)from a pharmacy in an institution to a ward or another pharmacy in the institution; or
(b)to a pharmacy in an institution from a ward in the institution; or
(c)to a ward in an institution from another ward in the institution; or
(d)from a pharmacy in an institution to a pharmacy in another institution.
residential aged care facility means a residential care home within the meaning of the Aged Care Act 2024 (Cwlth), section 10.
residential disability care facility—
(a)means a residential facility that provides disability care to people with disabilities; but
(b)does not include a residential aged care facility.
reviewable decision, for chapter 9 (Notification and review of decisions)—see section 154.
schedule 10 substance—see section 13.
sell—see section 24.
signs—a person signs something if the person signs with the person’s usual signature, whether electronically or otherwise.
standing order means a written order authorising the supply or administration of medicines as stated in the order, in stated clinical circumstances.
suitable person—
(a)for an individual—see section 81; and
(b)for a corporation—see section 82.
supply—see section 24.
supply authority—see section 23.
vending machine, for division 4.3.5 (Vending machines—offences)—see section 67.
veterinary practitioners board means the veterinary practitioners board established under the Veterinary Practice Act 2018, section 90.
ward means an area of an institution used to accommodate or treat people, including an operating theatre and an opioid dependency treatment centre.
wholesale means supply—
(a)for retail sale; or
(b)for use in connection with a business, industry, profession or trade.
written includes in electronic form.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
remainder commenced 14 February 2009 (s 2 and LA s 79)as amended by
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.37
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.37 commenced 14 February 2009 (s 2 (5) and see A2008-26 s 2 and LA s 79)as modified by
Medicines, Poisons and Therapeutic Goods Regulation 2008 SL2008‑42 (as am by SL2009‑27 s 6)
notified LR 15 September 2008
s 1, s 2 commenced 15 September 2008 (LA s 75 (1))
remainder commenced 14 February 2009 (s 2 and see Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26, s 2 and LA s 79)Medicines, Poisons and Therapeutic Goods Amendment Regulation 2009 (No 1) SL2009-27 s 6
notified LR 5 June 2009
s 1, s 2 commenced 5 June 2009 (LA s 75 (1))
s 6 commenced 6 June 2009 (s 2)NoteThis regulation only amends the Medicines, Poisons and Therapeutic Goods Regulation 2008 SL2008‑42.
as amended by
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.52
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.52 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 1 pt 1.8, sch 3 pt 3.50
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 1 pt 1.8, sch 3 pt 3.50 commenced 17 December 2009 (s 2)
Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10 sch 2 pt 2.14
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))sch 2 pt 2.14 commenced 1 July 2010 (s 2 (1) (a))
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.113
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.113 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 1 pt 1.4
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))sch 1 pt 1.4 commenced 12 December 2011 (s 2)
Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.6
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))sch 1 pt 1.6 commenced 22 February 2013 (s 2)
Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.14
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))sch 3 pt 3.14 commenced 25 November 2013 (s 2)
Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.16
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))sch 1 pt 1.16 commenced 3 June 2015 (s 2)
Veterinary Surgeons Act 2015 A2015‑29 sch 2 pt 2.9
notified LR 20 August 2015
s 1, s 2 commenced 20 August 2015 (LA s 75 (1))sch 2 pt 2.9 commenced 1 December 2015 (s 2 (1) and CN2015-22)
Statute Law Amendment Act 2015 (No 2) A2015‑50 sch 1 pt 1.2
notified LR 25 November 2015
s 1, s 2 commenced 25 November 2015 (LA s 75 (1))sch 1 pt 1.2 commenced 9 December 2015 (s 2)
Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.30
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))sch 3 pt 3.30 commenced 27 April 2016 (s 2)
Justice and Community Safety Legislation Amendment Act 2016 A2016‑37 sch 1 pt 1.15
notified LR 22 June 2016
s 1, s 2 commenced 22 June 2016 (LA s 75 (1))sch 1 pt 1.15 commenced 29 June 2016 (s 2)
Work Health and Safety Legislation Amendment Act 2018 A2018-8 sch 1 pt 1.6
notified LR 5 March 2018
s 1, s 2 commenced 5 March 2018 (LA s 75 (1))
sch 1 pt 1.6 commenced 29 March 2018 (s 2)Medicines, Poisons and Therapeutic Goods Amendment Act 2018 A2018-23 pt 2
notified LR 14 June 2018
s 1, s 2 commenced 14 June 2018 (LA s 75 (1))
pt 2 commenced 15 June 2018 (s 2)Veterinary Practice Act 2018 A2018-32 sch 3 pt 3.11
notified LR 30 August 2018
s 1, s 2 commenced 30 August 2018 (LA s 75 (1))sch 3 pt 3.11 commenced 21 December 2018 (s 2 and CN2018-12)
Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.25
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.25 commenced 23 October 2018 (s 2 (4))Crimes Legislation Amendment Act 2019 A2019-23 pt 11
notified LR 8 August 2019
s 1, s 2 commenced 8 August 2019 (LA s 75 (1))
pt 11 commenced 15 August 2019 (s 2 (1))Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019 A2019-34 sch 1 pt 1.2
notified LR 10 October 2019
s 1, s 2 commenced 10 October 2019 (LA s 75 (1))
sch 1 pt 1.2 commenced 31 January 2020 (s 2 (1) and CN2020-1))Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.35
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.35 commenced 23 June 2021 (s 2 (1))Health Legislation Amendment Act 2022 A2022-24 pt 2
notified LR 9 December 2022
s 1, s 2 commenced 9 December 2022 (LA s 75 (1))
pt 2 commenced 10 December 2022 (s 2)Voluntary Assisted Dying Act 2024 A2024-24 sch 3 pt 3.5
notified LR 19 June 2024
s 1, s 2 commenced 19 June 2024 (LA s 75 (1))
sch 3 pt 3.5 commenced 3 November 2025 (s 2)Health Legislation Amendment Act 2024 A2024-42 pt 5
notified LR 17 September 2024
s 1, s 2 commenced 17 September 2024 (LA s 75 (1))
pt 5 commenced 18 September 2024 (s 2 (1))Tobacco and Other Smoking Products (Vaping Goods) Amendment Act 2025 A2025-8 sch 2 pt 2.1
notified LR 17 April 2025
s 1, s 2 commenced 17 April 2025 (LA s 75 (1))
sch 2 pt 2.1 commenced 18 April 2025 (s 2)Health Legislation Amendment Act 2025 A2025-16 sch 1 pt 1.5
notified LR 26 May 2025
s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
sch 1 pt 1.5 commenced 2 June 2025 (s 2)Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.62, sch 4 pt 4.124
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.62, sch 4 pt 4.124 commenced 26 November 2025 (s 2 (3), (9))Health Legislation Amendment Act 2025 (No 2) A2025-33 pt 4
notified LR 12 November 2025
s 1, s 2 commenced 12 November 2025 (LA s 75 (1))
pt 4 commenced 26 November 2025 (s 2 (1) (a), (3))
Amendment history
Commencement
s 2om LA s 89 (4)
Dictionary
s 3am A2015‑29 amdt 2.63
Objects
s 6am A2010‑10 amdt 2.79; A2015‑29 amdt 2.64; A2018‑32 amdt 3.29
Appropriate prescription and supply of medicines
s 7am A2010‑10 amdt 2.80; A2015‑29 amdt 2.65; A2018‑32 amdt 3.30
Application of Act to certain cannabis use not prohibited under Drugs of Dependence Act 1989
s 9Ains A2019‑34 amdt 1.3
Meaning of regulated substance—Act
s 10am A2015‑50 amdt 1.9
Meaning of prohibited substance and schedule 10 substance—Act
s 13sub A2015‑50 amdt 1.4
am A2019‑23 s 51, s 52
Meaning of regulated therapeutic good—Act
s 14am A2025‑8 amdt 2.1
Meaning of medicines and poisons standard—Act
s 15am A2025‑8 amdt 2.2, amdt 2.3
Interpretation provisions in medicines and poisons standard—application to Act
s 16am A2025‑33 s 7, s 8
Meaning of deals with a regulated substance—Act
s 19am A2015‑50 amdt 1.9
When authorised to deal with regulated substances
s 20am A2015‑50 amdt 1.9; A2024-24 amdt 3.8; A2025‑33 s 9
Meaning of possess, sell and supply—Act
s 24am A2009‑49 amdt 3.118
Meaning of declared substance—pt 4.1
s 25am A2015‑50 amdt 1.9
Supplying declared substances
s 26am A2025‑29 amdt 3.205
Supply of certain declared substances—information for chief health officer
s 31am A2018‑23 s 4
Discarding declared etc substances
s 34am A2018‑8 amdt 1.25, amdt 1.26
Administering certain declared substances
s 37am A2016‑37 amdt 1.31; ss renum R16 LA; A2025‑29 amdt 3.205
Reporting loss and theft of certain regulated substances
s 39am A2015‑50 amdt 1.9
Prescribing medicines
s 40am A2025‑29 amdt 3.205
Medicines for animals not to be prescribed etc for human use
s 43am R29 LA
False statements to obtain certain regulated substances etc
s 64am A2009‑49 amdt 3.119
Advertising controlled medicines and prohibited substances
s 66am A2018‑32 amdt 3.31
Vending machines—use for supply of unscheduled medicines
s 69am A2025‑33 s 10
Paints—offences
div 4.3.6 hdg am A2025‑33 s 10
Manufacture, supply and use of paints for certain purposes
s 71am A2015‑50 amdt 1.5, amdt 1.6; A2025‑33 s 10
Manufacture, supply and use of paints containing pesticides
s 73am A2025‑33 s 10
Supplying regulated therapeutic goods
s 74am A2016‑37 amdt 1.32, amdt 1.33; ss renum R16 LA; A2025‑29 amdt 3.207
Suitability of individuals for licences
s 81am A2009‑20 amdt 3.132; A2011‑52 amdt 1.6
Power to ask for information etc from applicants and others
s 83am A2009‑20 amdt 3.133; A2013‑44 amdt 3.105; A2016‑18 amdts 3.144-3.146
Applications for licences
s 84am A2021-12 amdt 3.83; A2025‑29 amdt 4.125
Decision on applications for licences
s 85am A2009‑20 amdt 3.134; A2021-12 amdt 3.84
Form of licences
s 88am A2009‑20 amdt 3.135; A2009‑49 amdt 1.21
Statutory licence conditions
s 89am A2009‑20 amdt 3.136
Other licence conditions
s 90am A2009‑20 amdt 3.137
Amending licence on application by licence-holder
s 92am A2021-12 amdt 3.85; A2025‑29 amdt 4.125
Licensee to keep chief health officer informed
s 93 hdgsub A2009‑49 amdt 1.22
s 93am A2009‑49 amdt 1.22
Replacing licences
s 95am A2013‑44 amdt 3.106; A2016‑18 amdt 3.147, amdt 3.148; A2025‑29 amdt 4.125
Surrendering licences
s 97am A2013‑44 amdt 3.107; A2016‑18 amdt 3.149, amdt 3.150
Monitored medicines database
ch 6A hdgins A2018‑23 s 5
Meaning of monitored medicine
s 97Ains A2018‑23 s 5
am A2025‑29 amdt 4.125
Definitions—ch 6A
s 97Bins A2018‑23 s 5
def another jurisdiction ins A2018‑23 s 5
sub A2024-42 s 10
def approved data source entity ins A2018‑23 s 5
def monitored medicines database ins A2018‑23 s 5
def relevant health practitioner ins A2018‑23 s 5
def required information ins A2018‑23 s 5
Monitored medicines database—purposes
s 97Cins A2018‑23 s 5
Monitored medicines database—scope
s 97Dins A2018‑23 s 5
Monitored medicines database—chief health officer functions
s 97Eins A2018‑23 s 5
Monitored medicines database—access and use by relevant health practitioners
s 97Fins A2018‑23 s 5
Monitored medicines database—access authority
s 97Gins A2018‑23 s 5
am A2021-12 amdt 3.85; A2025‑29 amdt 4.125
Monitored medicines database—offences
s 97Hins A2018‑23 s 5
Power to enter premises
s 102am A2009‑20 amdt 3.138; pars renum R3 LA
Production of identity card
s 103am A2025‑29 amdt 3.208
Consent to entry
s 104am A2025‑29 amdt 3.208
Power to require name and address
s 108am A2025‑8 amdt 2.4
Warrants—application made other than in person
s 110am A2018‑33 amdt 1.47, amdt 1.48
Search warrants—announcement before entry
s 111am A2025‑29 amdt 3.209
Procedures for dividing samples
s 135am A2009‑20 amdt 3.139
Certificates of analysis by authorised analysts
s 137am A2021-12 amdt 3.85
Application—pt 8.1
s 138am A2010‑10 amdt 2.81; A2015‑29 amdt 2.66; A2018‑32 amdt 3.32
Disciplinary action against authorisation holders
s 141am A2018‑23 s 6, s 7
Taking disciplinary action against authorisation holders
s 142am A2025‑29 amdt 3.210
Effect of suspension of authorisations
s 144am A2018‑23 s 8
Return of certain licences and approvals
s 145am A2018‑23 s 8, s 9
Action by chief health officer in relation to certain licences and approvals
s 146am A2018‑23 s 10
Notice of disqualification from dealing
s 149am A2010‑10 amdt 2.82; A2015‑29 amdt 2.67; A2018‑32 amdt 3.33
Surrender of authorisation under regulation
s 152am A2010‑10 amdt 2.82; A2015‑29 amdt 2.68; A2018‑32 amdt 3.33
Notification and review of decisions
ch 9 hdgsub A2008‑36 amdt 1.491
Meaning of reviewable decision—ch 9
s 154sub A2008‑36 amdt 1.491
Reviewable decision notices
s 155sub A2008‑36 amdt 1.491
am A2025‑29 amdt 4.125
Applications for review
s 155Ains A2008‑36 amdt 1.491
am A2025‑29 amdt 4.125
Definitions—ch 10
s 156def Commonwealth administrative laws am A2025-16 amdt 1.32
Application of Commonwealth therapeutic goods laws to ACT
s 157am A2022‑24 s 4
Criminal liability of executive officers
s 172sub A2013-4 amdt 1.7
am A2025‑29 amdt 3.211
Notices of noncompliance by territory entities
s 177am A2011‑22 amdts 1.331-1.333; A2015‑16 amdt 1.20, amdt 1.21; ss renum R12 LA; A2025‑29 amdt 3.212
Regulation-making power
s 184am A2025‑29 amdt 4.125
Regulations—authorisations
s 186am A2009‑20 amdt 3.140
Regulations—application etc of instruments
s 189am A2025‑29 amdt 4.125
Regulations—exemption of people, dealings etc
s 190am A2013‑44 amdt 3.108; A2025‑29 amdt 4.125
Guidelines about dealings with regulated substances and therapeutic goods
s 192am A2025‑29 amdt 4.125
Approval of non-standard packaging and labelling
s 193am A2025‑29 amdt 4.125
Secrecy
s 195am A2010‑10 amdt 2.83; A2015‑29 amdt 2.69; A2018‑32 amdt 3.34
Determination of fees
s 197am A2025‑29 amdt 4.125
Approved forms
s 198om A2021-12 amdt 3.86
Transitional
ch 14 hdgexp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—general
pt 14.1 hdgexp 14 February 2011 (s 503 (LA s 88 declaration applies))
Definitions—ch 14
s 500exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional regulations
s 501exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional effect—Legislation Act, s 88
s 502exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Expiry—ch 14
s 503exp 14 February 2011 (s 503)
Consequential and other amendments and repeals
pt 14.2 hdgom LA s 89 (3)
Legislation amended—sch 2
s 510om LA s 89 (3)
Legislation repealed
s 511om LA s 89 (3)
Transitional—licences and authorisations
pt 14.3 hdgexp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—existing licences
s 520am A2009‑20 amdt 3.141
exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—uncompleted licence applications
s 521exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—existing authorisations
s 522am A2009‑20 amdt 3.141
exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—uncompleted authorisation applications
s 523exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—uncompleted applications for ACAT review
s 524sub A2008‑36 amdt 1.492
exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—approvals to prescribe drugs of dependence
pt 14.4 hdgexp 14 February 2011 (s 503 (LA s 88 declaration applies)))
Transitional—meaning of drugs advisory committee—pt 14.4
s 530exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—existing approvals to prescribe drugs of dependence
s 531exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—uncompleted applications to prescribe drugs of dependence
s 532exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—uncompleted applications for drugs advisory committee review
s 533exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—supply authorities
pt 14.5 hdgexp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—prescriptions generally
s 540exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—requisitions generally
s 541exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—purchase orders generally
s 542exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—standing orders
s 543exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—other
pt 14.6 hdgexp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—registers
s 550exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Transitional—drugs advisory committee members
s 551exp 14 February 2011 (s 503 (LA s 88 declaration applies))
Modification—Crimes Act 1900
s 552ins as mod SL2008‑42 s 1100 (as ins by SL2009‑27 s 6)
mod lapsed 21 December 2010 (SL2008‑42 s 1100 om by A2010‑50 amdt 1.13)
Reviewable decisions
sch 1sub A2008‑36 amdt 1.493
am A2018‑23 s 11
Consequential and other amendments
sch 2om LA s 89 (3)
Dictionary
dictam A2008‑36 amdt 1.494; A2009‑49 amdt 3.120; A2010‑10 amdt 2.84; A2011‑52 amdt 1.7; A2013‑44 amdt 3.109; A2015‑29 amdt 2.70; A2018‑32 amdt 3.35; A2025‑29 amdt 3.213
def another jurisdiction ins A2018‑23 s 12
def appendix C substance om A2015‑50 amdt 1.7
def approved data source entity ins A2018‑23 s 12
def chief pharmacist reloc to Medicines, Poisons and Therapeutic Goods Regulation 2008 dict by A2013‑44 amdt 3.110
def declared substance am A2013‑44 amdt 3.111
def drug-dependent person reloc to Medicines, Poisons and Therapeutic Goods Regulation 2008 dict by A2013‑44 amdt 3.112
def health professional om A2015‑29 amdt 2.71
def medicines advisory committee am A2013‑44 amdt 3.113
def monitored medicine ins A2018‑23 s 12
def monitored medicines database ins A2018‑23 s 12
def prescribe sub A2013‑44 amdt 3.114
def relevant health practitioner ins A2018‑23 s 12
def required information ins A2018‑23 s 12
def residential aged care facility sub A2025‑33 s 11
def reviewable decision ins A2008‑36 amdt 1.495
def schedule 10 substance ins A2015‑50 amdt 1.8
def vending machine am A2013‑44 amdt 3.115
def veterinary practitioners board ins A2018‑32 amdt 3.36
def veterinary surgeons board ins A2015‑29 amdt 2.72
om A2018‑32 amdt 3.37
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
14 Feb 200914 Feb 2009–
5 June 2009A2008‑36 new Act and amendments by A2008‑36 R2
6 June 20096 June 2009–
21 Sept 2009SL2009‑27 modifications by SL2008‑42 as amended by SL2009‑27 R3
22 Sept 200922 Sept 2009–
16 Dec 2009A2009‑20 amendments by A2009‑20 R4
17 Dec 200917 Dec 2009–
30 June 2010A2009‑49 amendments by A2009‑49 R5
1 July 20101 July 2010–
20 Dec 2010A2010‑10 amendments by A2010‑10 R6
21 Dec 201021 Dec 2010–
14 Feb 2011A2010‑10 lapsed modification (s 552) R7
15 Feb 201115 Feb 2011–
30 June 2011A2010‑10 expiry of transitional provisions (ch 14) R8
1 July 20111 July 2011–
11 Dec 2011A2011‑22 amendments by A2011‑22 R9
12 Dec 201112 Dec 2011–
21 Feb 2013A2011-52 amendments by A2011-52 R10
22 Feb 201322 Feb 2013–
24 Nov 2013A2013-4 amendments by A2013-4 R11
25 Nov 201325 No 2013–
2 June 2015A2013-44 relocation of provisions to SL2008-40 and other amendments by A2013-44 R12
3 June 20153 June 2015–
30 Nov 2015A2015‑16 amendments by A2015‑16 R13
1 Dec 20151 Dec 2015–
8 Dec 2015A2015-29 amendments by A2015-29 R14
9 Dec 20159 Dec 2015–
26 Apr 2016A2015-50 amendments by A2015-50 R15
27 Apr 201627 Apr 2016–
28 June 2016A2016-18 amendments by A2016-18 R16
29 June 201629 June 2016–
28 Mar 2018A2016‑37 amendments by A2016‑37 R17
29 Mar 201829 Mar 2018–
14 June 2018A2018-8 amendments by A2018-8 R18
15 June 201815 June 2018–
22 Oct 2018A2018‑23 amendments by A2018‑23 R19
23 Oct 201823 Oct 2018–
20 Dec 2018A2018‑33 amendments by A2018‑33 R20
21 Dec 201821 Dec 2018–
14 Aug 2019A2018‑33 amendments by A2018-32 R21
15 Aug 201915 Aug 2019–
30 Jan 2020A2019‑23 amendments by A2019‑23 R22
31 Jan 202031 Jan 2020–
22 June 2021A2019‑34 amendments by A2019‑34 R23
23 June 202123 June 2021–
9 Dec 2022A2021‑12 amendments by A2021‑12 R24
10 Dec 202210 Dec 2022–
17 Sept 2024A2022‑24 amendments by A2022‑24 R25
18 Sept 202418 Sept 2024–
17 Apr 2025A2024‑42 amendments by A2024‑42 R26
18 Apr 202518 Apr 2025–
1 June 2025A2025‑8 amendments by A2025‑8 R27
2 June 20252 June 2025–
2 Nov 2025A2025‑16 amendments by A2025‑16 R28
3 Nov 20253 Nov 2025–
25 Nov 2025A2025‑16 amendments by A2024-24
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