AUSTRALIAN CAPITAL TERRITORY

Drugs of Dependence Ordinance 1989
No. 11 of 1989
TABLE OF PROVISIONS
Section
part i—preliminary
	1.	Short title
	2.	Commencement
	3.	Interpretation
part ii—manufacture
	4.	Interpretation
	5.	Manufacturer’s licence—application
	6.	Manufacturer’s licence—grant
	7.	Manufacturer’s licence—conditions
	8.	Manufacturer’s licence—variation of conditions
	9.	Manufacturer’s licence—amendment
	10.	Manufacturer’s licence—surrender
	11.	Manufacturer’s licence—cancellation
	12.	Reports of dealings—manufacturers
	13.	Manufacturer’s licence—duration
	14.	Manufacturer’s licence—renewal
	15.	Offences—manufacturers
	16.	Disposal of by-products
	17.	Return of licence to General Manager
Part III—Wholesale
	18.	Interpretation
	19.	Wholesaler’s licence—application
	20.	Wholesaler’s licence—grant
	21.	Wholesaler’s licence—conditions
	22.	Wholesaler’s licence—variation of conditions
	23.	Wholesaler’s licence—change of address
	24.	Wholesaler’s licence—surrender
	25.	Wholesaler’s licence—cancellation
	26.	Reports of dealings—wholesalers
	27.	Wholesaler’s licence—duration
	28.	Wholesaler’s licence—renewal
	29.	Offences—wholesalers
	30.	Return of licence to General Manager
Part IV—Research, Education, First-Aid
Division 1—Authorisation for the purposes of research
or education
	31.	Interpretation
	32.	Authorisation (research or education)—application
	33.	Authorisation (research or education)—grant
	34.	Authorisation (research or education)—conditions
	35.	Authorisation (research or education)—variation of conditions
	36.	Authorisation (research or education)—surrender
	37.	Authorisation (research or education)—cancellation
	38.	Authorisation (research or education)—duration
	39.	Authorisation (research or education)—renewal
	40.	Return of authorisation to General Manager
Division 2—First-aid kits
	41.	Interpretation
	42.	Authorisation (first-aid)—application
	43.	Authorisation (first-aid)—grant
	44.	Authorisation (first-aid)—conditions
	45.	Authorisation (first-aid)—variation of conditions
	46.	Authorisation (first-aid)—change of address
	47.	Authorisation (first-aid)—surrender
	48.	Authorisation (first-aid)—cancellation
	49.	Authorisation (first-aid)—duration
	50.	Authorisation (first-aid)—renewal
	51.	Return of authorisation to General Manager
Part V—Orders and Delivery
	52.	Application
	53.	Written orders
	54.	Delivery
	55.	Notification of drug inspector
Part VI—Supply and Administration
Division 1—Preliminary
	56.	Interpretation
Division 2—Prescriptions
	57.	Issue of prescriptions
	58.	Drugs of dependence generally
	59.	Methadone
	60.	Written prescriptions
	61.	Prescriptions issued orally
Division 3—Requisitions
	62.	Requisitions generally
	63.	Written requisitions
	64.	Requisitions issued orally
Division 4—Approval of prescriptions
	65.	Interpretation
	66.	Drugs Advisory Committee—establishment
	67.	Termination of appointment
	68.	Application for approval
	69.	Powers of Medical Officer of Health
	70.	Powers of the Committee
	71.	Variation and revocation of approvals
	72.	Review of decisions of the Medical Officer of Health
	73.	Form of approvals
	74.	Date of effect of approvals
	75.	Transitional
Division 5—Supply
	76.	Interpretation
	77.	Method of supply
	78.	Supply on order
	79.	Supply on requisition
	80.	Supply on prescription
	81.	Restrictions on supply
	82.	Forged prescriptions, requisitions and orders
	83.	Supplying dextromoramide and hydromorphone
Division 6—Administration
	84.	Administration—witnesses
Part VII—Supply of Syringes
	85.	Interpretation
	86.	Distribution of syringes—approval
	87.	Approval—surrender
	88.	Approval—cancellation
	89.	Approval—duration
	90.	Approval—renewal
	91.	Approval—production to police
	92.	Approval—lending to another person
	93.	Offences under Crimes Act 1900 (NSW)
	94.	Return of approval to General Manager
Part ViiI—Records, Safe-Keeping and Disposal
Division 1—Records of drugs of dependence
	95.	Interpretation
	96.	Orders
	97.	Prescriptions and requisitions
	98.	Supply of information to General Manager
	99.	Drug registers
	100.	Entries in drug registers
	101.	Ward registers
	102.	Entries in ward registers
	103.	First-aid registers
	104.	Entries in first-aid registers
	105.	Record of disposal
	106.	Registers—general provisions
	107.	False entries in registers
	108.	Patients’ records
	109.	Transfer of control of pharmacies
Division 2—Safe-keeping of drugs of dependence
	110.	Interpretation
	111.	Safe-keeping by manufacturers and wholesalers
	112.	Safe-keeping by Chief Pharmacists
	113.	Safe-keeping by medical practitioners, dentists and veterinary surgeons
	114.	Safe-keeping by other persons
	115.	Safe-keeping at institutions
	116.	Loss or theft of a drug of dependence
	117.	Access to combinations and keys of drug receptacles
	118.	Safe-keeping—general
Division 3—Inspection—Class I institutions
	119.	Inspection of records and storage facilities
Division 4—Disposal of drugs of dependence
	120.	Procedure for disposal
Part IX—Treatment
Division 1—Preliminary
	121.	Interpretation
Division 2—Assessment orders and treatment orders
	122.	Assessment orders
	123.	Treatment orders
	124.	Offences—treatment orders
	125.	Further offences
	126.	Apprehension of offender about to leave Territory
	127.	Power of court where offender about to leave Territory
	128.	Power of court where offender apprehended under this Division
	129.	Revocation and variation of periods of orders
Division 3—Treatment assessment panels
	130.	Establishment
	131.	Appointment of members
	132.	Tenure of office
	133.	Presiding member
	134.	Acting appointments
	135.	Remuneration and allowances
	136.	Resignation
	137.	Suspension
	138.	Termination of appointment
	139.	Meetings of panels
	140.	General powers of panels
	141.	Referral for initial assessment
	142.	Referral for the variation of treatment
	143.	Referral for periodic review of treatment
	144.	Referral for other purposes
	145.	Assessment by treatment centres
	146.	Attendance for assessment before panels and at treatment centres
	147.	Treatment centre reports
Division 4—Approval of treatment centres
	148.	Interpretation
	149.	Approval—application
	150.	Approval—grant
	151.	Approval—conditions
	152.	Approval—variation and revocation of conditions
	153.	Approval—surrender
	154.	Approval—cancellation
	155.	Approval—emergency cancellation
	156.	Alternative arrangements on cancellation
	157.	Approval—duration
	158.	Approval—renewal
	159.	Return of approval to General Manager
Part X—Offences
	160.	Interpretation
	161.	Manufacture
	162.	Cultivation of prohibited plants
	163.	Wholesale
	164.	Sale or supply
	165.	Sale or supply—cannabis
	166.	Advertising drugs or prohibited substances
	167.	Prescriptions, requisitions, orders
	168.	False representation as to drug or substance
	169.	Possession and administration of drugs
	170.	Possession and administration of drugs—exemptions
	171.	Possession and administration of prohibited substances
	172.	Liability of corporations
	173.	Surrender and revocation of exemptions
Part XI—Enforcement
Division 1—Preliminary
	174.	Interpretation
Division 2—Inspection
	175.	Drug inspectors—appointment
	176.	Treatment centre inspectors—appointment
	177.	Inspection—manufacturers and wholesalers
	178.	Inspection—prescribed premises
	179.	Inspection—premises of approved treatment centres
	180.	Production of inspectors’ identity cards
	181.	Obstruction of inspectors
Division 3—Search, seizure and analysis
	182.	Interpretation
	183.	Analysts
	184.	Search and seizure
	185.	Consent to search
	186.	Searches of arrested persons
	187.	Search warrants
	188.	Searches in emergencies
	189.	Clothing and body searches
	190.	Forfeiture of drugs and substances
	191.	Analysis
	192.	Analysts’ certificates
	193.	Notification by defendants—analyst’s evidence
	194.	Preliminary disposal of drugs and substances
	195.	Final disposal of drugs and substances
	196.	Compensation for seized drugs and substances
	197.	Seized property
Part XII—Administrative Review
	198.	Notice of decisions
	199.	Review by Tribunal
Part XIII—Miscellaneous
	200.	Possession by officials
	201.	Secrecy
	202.	Annual report
	203.	Delegation of powers
	204.	Determination of fees
	205.	Completion of forms in Schedules
	206.	Regulations
schedules
schedule 1
Drugs of dependence—general
schedule 2
Prohibited substances
schedule 3
Drugs of dependence—manufacturing
Schedule 4
Forms
Schedule 5
Prohibited plants

AUSTRALIAN CAPITAL TERRITORY

Drugs of Dependence Ordinance 1989
No. 11 of 1989
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910. 
Dated 1 March 1989.
	BILL HAYDEN
	Governor-General
By His Excellency’s Command,
CLYDE HOLDING
Minister of State for the Arts 
and Territories

An Ordinance to prohibit or regulate the manufacture, sale, supply, possession, use and administration of certain drugs of dependence and other substances, and for related purposes
part i—preliminary
Short title
1.  This Ordinance may be cited as the Drugs of Dependence Ordinance 1989.1
Commencement
2.  This Ordinance commences on such date as is fixed by the Minister by notice in the Gazette.
Interpretation
3.  (1)  In this Ordinance, unless the contrary intention appears—
“analyst”means a person appointed as an analyst under secgtion 183;
“cannabis” means a cannabis plant, whether living or dead, and includes any flowering or fruiting top, leaf, seed, stalk or any other part of a cannabis plant and any mixture of partsof a cannabis plant or cannabis plants, but does not include cannabis resin or cannabis fibre;
“cannabis fibre” means a substance consisting wholly or substantially of fibre from a cannabis plant but not containing any other material from a cannabis plant;
“cannabis oil” means cannabis resin in a purified form;
“cannabis plantr” means a plant of the Genus Cannabis;
“cannabis resin” means a substance consisting wholly or substantially of resin, whether crude, purified or in any other form, from a cannabis plant;
“central store”, in relation to a Class I institution, means a store under the direct control of the Chief Pharmacist of that institution and from which drugs of dependence are distributed to dispensaries, or to wards, in that institution;
“Chief Pharmacist”, in relation to a Class I institution, means the pharmacist having the supervision of all other pharmacists employed in that institution, and, if the institution has a central store, having the control of its central store;
“Class I institution” means a hospital, nursing home or other institution that has a dispensary and is used for the accommodation, treatment and care of persons suffering from mental or physical conditions;
“Class II institution” means a nursing home or other institution that does not have a dispensary and is used for the accommodation, treatment and care of persons suffering from mental or physical conditions;
“community pharmacy” means a pharmacy with a dispensary, elsewhere than at a Class I institution;
“dentist” means a person registered as a dentist under the Dentists Registration Act 1931;
“determined fee” means the fee determined under section 204 for the purposes of the provisions in which the expression occurs;
“dispensary” means any premises, or any part of premises, from which drugs are dispensed by a pharmacist;
“drug dependence” means the condition by virtue of which a person is a drug dependent person;
“drug dependent person”, in relation to a drug of dependence or a prohibited substance, means a person with a condition such that—
	(a)	as a result of the administration to him or her of the drug or substance, the person demonstrates—
	(i)	impaired control; or
	(ii)	drug-seeking behaviour that suggests impaired control; 
in relation to the person’s use of the drug or substance; or
	(b)	the cessation of the administration of the drug or substance is likely to cause the person to experience symptoms of mental or physical distress or disorder;
“drug inspector” means a person appointed as a drug inspector under section 175;
“drug of dependence” means a substance specified in Schedule 1;
“enrolled nurse” means a person enrolled under the Nurses Act 1988;
“General Manager” means the General Manager of the Service;
“hospital” means—
	(a)	a recognized hospital within the meaning of the Health Insurance Act 1973 of the Commonwealth; or
	(b)	a building registered as a private hospital under the Public Health (Private Hospitals) Regulations;
“institution” means a Class I institution or a Class II institution;
“intern” means a person approved under section 38A of the Medical Practitioners Registration Act 1930;
“manufacture”, in relation to a drug of dependence or a prohibited substance, means—
	(a)	carry out any process by which the drug or substance is obtained;
	(b)	refine the drug or substance;
	(c)	transform the drug or substance into another drug of dependence or prohibited substance;
	(d)	make or prepare tablets, pills, capsules, ampoules, vials or other dosage forms consisting of, or containing, the drug or substance;
	(e)	mix, compound or formulate the drug or substance; or
	(f)	pack or re-pack the drug or substance for the purpose of sale by wholesale or for use in connection with a profession, trade, business or industry;
“manufacturer’s licence” means a licence granted under section 6;
“Medical Officer of Health” has the same meaning as in the Public Health Act 1928;
“medical practitioner” means a person registered as a medical practitioner under the Medical Practitioners Registration Act 1930;
“mental condition” does not include drug dependence;
“methadone program treatment centre” means a treatment centre where methadone is administered to drug dependent persons for the treatment of their drug dependency—
	(a)	conducted by the Service as an institution or ward; or
	(b)	approved under Division 4, Part IX for that purpose;
“nurse” means a person who is registered under the Nurses Act 1988;
“pharmacist” means a person registered as a pharmacist under the Pharmacy Act 1931;
“physical condition” means—
	(a)	a physical disease, illness, ailment, defect or injury;
	(b)	pregnancy; or
	(c)	a physical state which may be changed by surgery in the course of professional medical practice;
but does not include drug dependence;
“prescription” means an authorisation for the supply to a person of a substance for administration to that person;
“prohibited substance” means a substance specified in Schedule 2, or a drug analogue;
“register” means a register kept pursuant to this Act;
“requisition” means an authorisation for the supply of a substance—
	(a)	to a ward in a Class I institution from a dispensary in the institution, or from the central store of the institution;
	(b)	to a dispensary in a Class I institution from another dispensary in the institution, or from the central store of the institution; or
	(c)	to the central store of an institution, from a dispensary or ward in the institution;
“sell” includes offer or expose for sale;
“sell by wholesale” means—
	(a)	sell for the purpose of retail sale; or
	(b)	sell for the purpose of use in connection with a profession, trade, business or industry;
“Service” means the Australian Capital Territory Community and Health Service:
“supply” includes offer to supply but does not include administer;
“syringe” includes the needle section or the plunger section of a syringe;
“treatment centre inspector” means a person appointed as a treatment centre inspector under section 176;
“Tribunal” means the Administrative Appeals Tribunal;
“veterinary surgeon” means a person registered as a veterinary surgeon under the Veterinary Surgeons Registration Act 1965;
“ward” means an area, however described, that forms part of an institution, being an area that is used for the accommodation, treatment and care of persons suffering from mental or physical conditions, and includes a methadone program treatment centre that forms a part of an institution;
“wholesaler’s licence” means a licence granted under section 20.
(2)  In this Act, a reference to the secretary of a corporation shall, in relation to a corporation that has 2 or more secretaries, be read a reference to each of those secretaries.
(3)  In this Act, except in Schedule 1, 2 or 3, a reference to an amphetamine within the meaning of Part VI, or to cannabis, cocaine, dextromoramide, hydromorphone, methadone, pentazocine or pethidine shall be read as including a reference to—
	(a) 	an active principal of that drug;
	(b)	a preparation or admixture of that drug; or
	(c)	a salt of that drug or active principal.
(4)  In this Act, a reference to a form by number shall be read as a reference to the form of that number in Schedule 4.
Part II—Manufacture
Interpretation
4.  In this Part—
“drug of dependence” means a substance specified in Schedule 3;
“licensed premises” means any premises the address of which is specified in a manufacturer’s licence pursuant to paragraph 6 (2) (d);
“licensee” means the holder of a manufacturer’s licence.
Manufacturer’s licence—application
5.  (1)  A person who proposes to manufacture a drug of dependence may apply to the Service for a manufacturer’s licence.
(2)  An application for a manufacturer’s licence shall—
	(a)	be in writing signed by the applicant;
	(b)	specify—
	(i)	the full name and business address of the applicant;
	(ii)	if the applicant is a corporation—the full name and residential address of each director, and the secretary, of the corporation;
	(iii)	if the applicant proposes to manufacture a drug of dependence under a business name—that name;
	(iv)	the drug of dependence in relation to which the licence is sought;
	(v)	the address of each premises at which the drug would be manufactured;
	(vi)	the security arrangements that would be implemented at each such premises; and
	(vii)	the name, address and qualifications of each person under whose supervision the drug would be manufactured; and
	(c)	be accompanied by—
	(i)	a plan of each such premises identifying each part where a process of manufacture would be carried out, the nature of that process, where the drug would be stored and the location and nature of security devices; and
	(ii)	the determined fee.
Manufacturer’s licence—grant
6.  (1)  Where, on application in accordance with section 5, the Service is satisfied that—
	(a)	the applicant and, if the applicant is a corporation, each director, and the secretary, of the corporation, is a fit and proper person to hold a manufacturer’s licence;
	(b)	the applicant proposes to manufacture the drug of dependence specified in the application;
	(c)	the premises specified in the application are in a condition fit for use for manufacturing and storing that drug;
	(d)	manufacturing of that drug will at all times be carried out under the supervision of a person possessing qualifications in chemistry, pharmacy, pharmacology, or other appropriate qualifications and who is otherwise a fit and proper person to carry out that supervision; and
	(e)	the applicant, each supervisor and, if the applicant is a corporation, each director and the secretary of the corporation, have not at any time been convicted—
	(i)	of an offence against this Act;
	(ii)	in Australia or elsewhere of an offence relating to a drug of dependence or prohibited substance; or
	(iii)	in Australia or elsewhere of an offence punishable on conviction by a fine equivalent, at the time of the conviction, to an amount of not less than $10,000, or by imprisonment for a period of not less than 1 year;
the Service shall grant a manufacturer’s licence to the applicant.
(2)  A manufacturer’s licence shall specify—
	(a)	the full name and address of the licensee;
	(b)	if the licensee is a corporation—the full name and address of each director, and of the secretary, of the corporation;
	(c)	the drug of dependence in relation to which the licence is granted;
	(d)	the address of each premises at which the drug is to be manufactured;
	(e)	the name of each person who is to supervise the manufacture of that drug;
	(f)	the conditions (if any) to which the licence is subject;
	(g)	the period for which the licence is granted; and
	(h)	such other particulars (if any) as are prescribed.
(3)  A licensee is entitled to—
	(a)	manufacture the specified drug of dependence in accordance with the specified conditions (if any);
	(b)	possess that drug for the purpose of selling it by wholesale; and
	(c)	sell that drug by wholesale and deliver it;
in accordance with the terms of the licence.
Manufacturer’s licence—conditions
7.  (1)  The conditions that may be specified in a manufacturer’s licence are such conditions as are necessary and reasonable for ensuring—
	(a)	the proper manufacture and safe-keeping of the relevant drug;
	(b)	the proper supervision of that manufacture; and
	(c)	the maintenance of the relevant premises in a condition fit for that manufacture.
(2)  Without limiting the generality of subsection (1), the conditions that may be specified in a manufacturer’s licence include a condition requiring compliance with the provisions of Part III of the Poisons and Drugs Act 1978 insofar as those provisions are capable of applying in relation to the manufacture of the relevant drug of dependence.
Manufacturer’s licence—variation of conditions
8.  (1)  The Service may vary the conditions specified in a licence, with effect from a date specified in the notice of variation given pursuant to section 198 (being not less than 28 days after the date of the notice), to such an extent as is necessary and reasonable for ensuring—
	(a)	the proper manufacture and safe-keeping of the relevant drug of dependence;
	(b)	the proper supervision of that manufacture; and
	(c)	the maintenance of the relevant premises in a condition fit for that manufacture.
(2)  Within 28 days of service of a notice referred to in subsection (1), the relevant licensee shall submit the licence to the General Manager.
Penalty:  $2,000.
(3)  On receipt of a licence, the General Manager shall—
	(a)	endorse the licence with the variation of conditions notified under subsection (1); and
	(b)	return it to the licensee.
Manufacturer’s licence—amendment
9.  (1)  If a change occurs in the address of a licensee, the licensee shall, within 14 days after the change, lodge the licence with the General Manager together with written notification of the change.
(2)  Where a licensee proposes to manufacture the drug of dependence for which the licence was granted at premises other than licensed premises, the licensee shall lodge the licence with the General Manager together with written notification of the proposed change—
	(a)	specifying—
	(i)	the address of the new premises;
	(ii)	the date on which the licensee proposes to commence the manufacture of the drug at the new premises; and
	(iii)	the security arrangements proposed to be implemented at the new premises; and
	(b)	accompanied by a plan of the premises identifying each part where a process of manufacture would be carried out, the nature of that process, where the drug would be stored and the location and nature of security devices;
no later than 28 days before the specified date.
Penalty:  $2,000.
(3)  Where a licensee proposes that the drug of dependence for which the licence was granted be manufactured under the supervision of a person other than a person whose name is specified in the licence for the purpose, the licensee shall lodge the licence with the General Manager together with written notification of the proposed change specifying the name, address and qualifications of the person under whose supervision the drug would be manufactured.
(4)  On receipt of a notification under subsection (1), the General Manager shall amend the licence accordingly and return it to the licensee.
(5)  On receipt of a notification under subsection (2) or (3), the General Manager shall amend the licence accordingly if the Service is satisfied—
	(a)	in the case of a notification under subsection (2)—that the premises specified in the notification are in a condition fit for manufacturing and storing the drug of dependence for which the licence was granted; or
	(b)	in the case of a notification under subsection (3)—that the qualifications possessed by the person specified in the notice as the proposed supervisor are qualifications of the kind referred to in paragraph 6 (1) (d);
and the General Manager shall, in any event, return the licence to the licensee.
Manufacturer’s licence—surrender
10.  (1)  A licensee may surrender the licence by giving written notice of surrender to the General Manager.
(2)  The surrender of a licence takes effect on the date the notice of surrender is given, or on such later date as may be specified in the notice for that purpose.
Manufacturer’s licence—cancellation
11.  (1)  The Service may cancel a manufacturer’s licence if—
	(a) 	the licensee, or, if the licensee is a corporation, that corporation, any of its directors or its secretary has been convicted—
	(i)	of an offence against this Act;
	(ii)	in Australia or elsewhere of any other offence relating to a drug of dependence or prohibited substance; or
	(iii)	in Australia or elsewhere of an offence punishable on conviction by a fine equivalent, at the time of the conviction, to an amount of not less than $10,000, or by imprisonment for a period of not less than 1 year; or
	(b)	the Service believes on reasonable grounds—
	(i)	that the licensee has ceased to manufacture the relevant drug;
	(ii)	that the licensee has contravened a term or condition of the licence; or
	(iii)	that the licensee or, if the licensee is a corporation, that the licensee or a director or the secretary of the corporation, is no longer a fit and proper person to hold a licence.
(2)  The cancellation of a manufacturer’s licence takes effect on the date the notice of cancellation is given pursuant to section 198.
Reports of dealings—manufacturers
12.  A licensee shall, on the expiration of the period of 7 days after the date on which the manufacturer’s licence was granted, and at subsequent intervals each not exceeding 7 days, lodge with the General Manager a report containing details of all dealings by the licensee with the drug of dependence for which the licence was granted since the date of the grant or the date of the last report, as the case requires.
Penalty:  $2,000.
Manufacturer’s licence—duration
13.  A manufacturer’s licence shall remain in force, unless sooner surrendered or cancelled, until the expiration of 31 March next following the date on which it was granted and may be renewed in accordance with section 14.
Manufacturer’s licence—renewal
14.  (1)  A licensee may, before the expiration of the term of the licence, apply to the Service for its renewal.
(2)  An application for the renewal of a manufacturer’s licence shall be in writing signed by the licensee, and accompanied by the determined fee.
(3)  On application for the renewal of a manufacturer’s licence, the Service shall renew the licence for a period of 12 months commencing on 1 April of the year in which, but for its renewal, the licence would have expired.
Offences—manufacturers
15.  (1)  A licensee shall not—
	(a)	manufacture or possess the drug of dependence in relation to which the licence was granted at; or
	(b)	sell or supply that drug from;
any place other than the licensed premises.
(2)  A licensee shall not manufacture the drug of dependence in relation to which the licence was granted otherwise than under the supervision of a person whose name is specified in the licence for that purpose.
Penalty:  $10,000.
Disposal of by-products
16.  (1)  The General Manager may, by written notice given to a licensee, give directions to the licensee with respect to the disposal of any by-product of the manufacture of a drug of dependence manufactured by the licensee.
(2)  A licensee shall not contravene a direction given to that licensee pursuant to subsection (1).
Penalty for contravention of subsection (2):  $10,000 or imprisonment for 5 years, or both.
Return of licence to General Manager
17.  Upon ceasing to be a licensee, a person shall not, without reasonable excuse, fail to return the licence to the General Manager.
Penalty:  $2,000.
Part III—Wholesale
Interpretation
18.  In this Part—
“licensed premises” means premises the address of which is specified in a wholesaler’s licence pursuant to paragraph 20 (2) (a);
“licensee” means the holder of a wholesaler’s licence.
Wholesaler’s licence—application
19.  (1)  A person who proposes to sell by wholesale a drug of dependence may apply to the Service for a wholesaler’s licence.
(2)  An application for a wholesaler’s licence shall—
	(a)	be in writing signed by the applicant;
	(b)	specify—
	(i)	the full name and business address of the applicant;
	(ii)	if the applicant is a corporation—the full name and residential address of each director, and the secretary, of the corporation;
	(iii)	if the applicant proposes to sell by wholesale a drug of dependence under a business name—that business name;
	(iv)	the drug of dependence in relation to which the licence is sought;
	(v) 	the address of each premises at which that drug would be sold by wholesale;
	(vi)	the security arrangements that would be implemented at each such premises; and
	(vii)	the name and address of any person under whose supervision the drug would be sold by wholesale; and
	(c)	be accompanied by—
	(i)	a plan of each such premises identifying where the drug would be stored, and the location and nature of security devices; and
	(ii)	the determined fee.
Wholesaler’s licence—grant
20.  (1)  Where, on application in accordance with section 19, the Service is satisfied that—
	(a)	the applicant and, if the applicant is a corporation, each director, and the secretary, of the corporation is a fit and proper person to hold a wholesaler’s licence;
	(b)	the applicant proposes to sell by wholesale the drug of dependence specified in the application;
	(c)	the premises specified in the application are in a condition fit for use for storing and selling by wholesale that drug of dependence;
	(d)	the selling by wholesale of the drug will at all times be carried out under the supervision of a person who is a fit and proper person to carry out that supervision; and
	(e)	the applicant, each supervisor and, if the applicant is a corporation, each director and the secretary of the corporation, have not at any time been convicted—
	(i)	of an offence against this Act;
	(ii)	in Australia or elsewhere of an offence relating to a drug of dependence or prohibited substance; or
	(iii)	in Australia or elsewhere of an offence punishable on conviction by a fine equivalent, at the time of the conviction, to an amount of not less than $10,000, or by imprisonment for a period of not less than 1 year;
the Service shall grant a wholesaler’s licence to the applicant.
(2)  A wholesaler’s licence shall specify—
	(a)	the full name and address of the licensee;
	(b)	if the licensee is a corporation—the full name and address of each director, and of the secretary, of the corporation;
	(c)	the drug of dependence in relation to which the licence is granted;
	(d)	the address of each premises at which the drug is to be sold by wholesale;
	(e)	the name of each person who is to supervise the sale by wholesale of that drug;
	(f)	the conditions (if any) to which the licence is subject;
	(g)	the period for which the licence is granted; and
	(h)	such other particulars (if any) as are prescribed.
(3)  A licensee is entitled to—
	(a)	possess the specified drug of dependence for the purpose of selling it by wholesale;
	(b)	pack or re-pack that drug for the purpose of selling it by wholesale; and
	(c)	sell that drug by wholesale and deliver it;
in accordance with the terms of the licence.
Wholesaler’s licence—conditions
21.  (1)  The conditions that may be specified in a wholesaler’s licence are such conditions as are necessary and reasonable for ensuring—
	(a)	the proper safe-keeping of the relevant drug of dependence;
	(b)	the proper supervision of its sale by wholesale; and
	(c)	the maintenance of the relevant premises in a condition fit for that safe-keeping and sale.
(2)  Without limiting the generality of subsection (1), the conditions that may be specified in a wholesaler’s licence include a condition requiring compliance with the provisions of Part III of the Poisons and Drugs Act 1978 insofar as those provisions are capable of applying in relation to the sale by wholesale of the relevant drug of dependence.
Wholesaler’s licence—variation of conditions
22.  (1)  The Service may vary the conditions specified in the licence, with effect from a date specified in the notice of variation given pursuant to section 198 (being not less than 28 days after the date of the notice), to such an extent as is necessary and reasonable for ensuring—
	(a)	the proper safe-keeping of the relevant drug of dependence;
	(b)	the proper supervision of its sale by wholesale; and
	(c)	the maintenance of the relevant premises in a condition fit for that safe-keeping and sale.
(2)  Within 28 days of service of a notice referred to in subsection (1), the relevant licensee shall submit the licence to the General Manager.
Penalty:  $2,000.
(3)  Upon receipt of a licence submitted to the General Manager for the purpose of this section, the General Manager shall—
	(a)	endorse the licence with the variation of conditions notified under subsection (1); and
	(b)	return it to the licensee.
Wholesaler’s licence—change of address
23.  (1)  If a change occurs in the address of a licensee, the licensee shall, within 14 days after the change, lodge the licence with the General Manager together with written notification of the change.
Penalty:  $2,000.
(2)  Where a licensee proposes to store and sell by wholesale the drug of dependence for which the licence was granted at premises other than the licensed premises, the licensee shall lodge the licence with the General Manager together with written notification of the proposed change—
	(a)	specifying—
	(i)	the address of the new premises;
	(ii)	the date on which the licensee intends commencing selling the drug by wholesale from the new premises; and
	(iii)	the security arrangements to be implemented at the new premises; and
	(b)	accompanied by a plan of the premises identifying where the drug would be stored, and the location and nature of security devices;
not later than 28 days before the specified date.
Penalty:  $2,000.
(3)  On receipt of notification under subsection (1), the General Manager shall amend the licence accordingly and return it to the licensee.
(4)  On receipt of notification under subsection (2), the General Manager shall amend the licence accordingly if the Service is satisfied that the premises specified in the notification are in a condition fit for storing and selling by wholesale the drug of dependence for which the licence was granted, and the General Manager shall, in any event, return the licence to the licensee.
Wholesaler’s licence—surrender
24.  (1)  A licensee may surrender the licence by giving written notice of surrender to the General Manager.
(2)  The surrender of a licence takes effect on the date the notice of surrender is given, or on such later date as may be specified in the notice for that purpose.
Wholesaler’s licence—cancellation
25.  (1)  The Service may cancel a wholesaler’s licence if—
	(a)	the licensee or, if the licensee is a corporation, that corporation, any of its directors or its secretary has been convicted—
	(i)	of an offence against this Act;
	(ii)	in Australia or elsewhere of any other offence relating to a drug of dependence or prohibited substance; or
	(iii)	in Australia or elsewhere of an offence punishable on conviction by a fine equivalent, at the time of the conviction, to an amount of not less than $10,000, or by imprisonment for a period of not less than 1 year; or
	(b)	the Service believes on reasonable grounds—
	(i)	that the licence has ceased to sell by wholesale the relevant drug;
	(ii)	that the licensee has contravened a term or condition of the licence; or
	(iii)	that the licensee or, if the licensee is a corporation, that the licensee or a director or the secretary of the corporation, is no longer a fit and proper person to hold a licence.
(2)  The cancellation of a wholesaler’s licence takes effect on the date the notice of cancellation is given under section 198.
Reports of dealings—wholesalers
26.  A licensee shall, on the expiration of 7 days after the date on which the licence was granted, and at subsequent intervals each not exceeding 7 days, lodge with the General Manager a report containing details of all dealings by the licensee with the drug of dependence for which the licence was granted since the date of the grant or the date of the last report, as the case requires.
Penalty:  $2,000.
Wholesaler’s licence—duration
27.  A wholesaler’s licence shall remain in force, unless sooner surrendered or cancelled, until the expiration of 31 March next following the date on which it was granted and may be renewed in accordance with section 28.
Wholesaler’s licence—renewal
28.  (1)  A licensee may, before the expiration of the term of the licence, apply to the Service for its renewal.
(2)  An application for the renewal of a wholesaler’s licence shall be in writing, signed by the licensee and accompanied by the determined fee.
(3)  On application for the renewal of a wholesaler’s licence, the Service shall renew the licence for a period of 12 months commencing on 1 April of the year in which, but for its renewal, the licence would have expired.
Offences—wholesalers
29.  (1)  A licensee shall not—
	(a)	possess the drug of dependence in relation to which the licence was granted at; or
	(b)	sell or supply that drug from;
any place other than the licensed premises.
(2)  A licensee shall not sell or supply the drug of dependence in relation to which the licence was granted otherwise than under the supervision of a person whose name is specified in the licence for that purpose.
Penalty:  $10,000.
Return of licence to General Manager
30.  Upon ceasing to be a licensee, a person shall not, without reasonable excuse, fail to return the licence to the General Manager.
Penalty:  $2,000.
Part IV—Research, Education, First-Aid
Division 1—Authorisation for the purposes of research or education
Interpretation
31.  In this Division—
“authorisation” means an authorisation granted under section 33;
“authorised person” means the holder of an authorisation;
“clinical trial protocol”, in relation to a program of research, means a written statement describing—
	(a)	its aims;
	(b)	the proposed means of conducting it; and
	(c)	the proposed method of analysis of its results;
“institution” means a recognised educational institution or a recognised research institution;
“program” means a program of research or education;
“recognised educational institution” means the Service, the Australian National University or the Canberra College of Advanced Education;
“recognised research institution” means a recognised educational institution or the Commonwealth Scientific and Industrial Research Organisation;
“use”, in relation to a drug of dependence, includes manufacture.
Authorisation (research or education)—application
32.  (1)  A person who proposes to conduct a program that would require the possession or use by that person of a drug of dependence or prohibited substance may apply to the Service for an authorisation in relation to that drug or substance.
(2)  An application for an authorisation shall—
	(a)	be in writing signed by the applicant;
	(b)	specify—
	(i)	the full name, address and academic, professional or other relevant qualifications of the applicant;
	(ii)	the drug of dependence or prohibited substance in relation to which the authorisation is sought;
	(iii)	the strength and form in which the drug or substance is to be possessed and used;
	(iv)	the maximum quantity of the drug or substance to be possessed at any one time, and the total quantity to be possessed during the period of the program;
	(v)	details of the manner in which the drug or substance would be used in the program;
	(vi)	the institution where the program is to be conducted;
	(vii)	the name and academic, professional or other relevant qualifications of any person other than the applicant under whose supervision the program would be conducted; and
	(viii)	the security arrangements that would be undertaken while the drug or substance is possessed or used; and
	(c)	be accompanied by—
	(i)	a written description of the program, including its estimated duration;
	(ii)	in the case of a program of research—a clinical trial protocol;
	(iii)	a written statement approving the program signed by the person in charge of the institution; and
	(iv)	the determined fee.
Authorisation (research or education)—grant
33.  (1)  Where, on an application in accordance with section 32, the Service is satisfied that—
	(a)	the described program cannot be carried out satisfactorily without the use of the specified drug or substance;
	(b)	in the case of a program of research—taking into account the clinical trial protocol accompanying the application, the research is scientifically viable;
	(c)	the applicant is a fit and proper person to conduct the program;
	(d)	the program will be adequately supervised;
	(e)	in the case of a program of research—the research is to be conducted at, or under the auspices of, a recognised research institution; and
	(f)	in the case of a program of education—the program is to be conducted at, or under the auspices of, a recognised educational institution;
the Service shall grant an authorisation to the applicant.
(2)  An authorisation shall specify—
	(a)	the name and address of the authorised person;
	(b)	the drug of dependence or prohibited substance in relation to which the authorisation is granted;
	(c)	the strength and form in which the drug or substance may be possessed and used;
	(d)	the maximum quantity of the drug or substance that may be possessed at any one time, and the total quantity that may be possessed during the period of the program;
	(e)	the purpose for which the authorisation is granted;
	(f)	the institution in relation to which the authorisation is granted;
	(g)	the conditions (if any) to which the authorisation is subject;
	(h)	the period for which the authorisation is granted; and
	(i)	such other particulars (if any) as are prescribed.
(3)  An authorised person is entitled to possess and to use the specified drug or substance, in the specified manner and for the specified purpose, in accordance with the terms of the authorisation.
Authorisation (research or education)—conditions
34.  The conditions that may be specified in an authorisation are such conditions as are necessary and reasonable for ensuring—
	(a)	the proper use and safe-keeping of the relevant drug or substance; and
	(b)	that proper records concerning the receipt, use and disposal of the drug or substance are kept.
Authorisation (research or education)—variation of conditions
35.  (1)  The Service may vary the conditions specified in an authorisation, with effect from a date specified in the notice of variation given pursuant to section 198 (being not less than 28 days after the date of the notice), to such an extent as is necessary and reasonable for ensuring—
	(a)	the proper use and safe-keeping of the relevant drug or substance; or
	(b)	that proper records concerning the receipt, use and disposal of the drug or substance are kept.
(2)  Within 28 days of service of a notice referred to in subsection (1), the relevant authorised person shall submit the authorisation to the General Manager.
Penalty:  $2,000.
(3)  On receipt of an authorisation, the General Manager shall—
	(a)	endorse the authorisation with the variation of conditions notified under subsection (1); and
	(b)	return it to the authorised person.
Authorisation (research or education)—surrender
36.  (1)  An authorised person may surrender the authorisation by giving written notice of surrender to the General Manager.
(2)  The surrender of a licence takes effect on the date the notice of surrender is given, or on such later date as may be specified in the notice for that purpose.
Authorisation (research or education)—cancellation
37.  (1)  The Service may cancel an authorisation if—
	(a)	the authorised person has been convicted—
	(i)	of an offence against this Act;
	(ii)	in Australia or elsewhere of any other offence relating to a drug of dependence or prohibited substance; or
	(iii)	in Australia or elsewhere of an offence punishable on conviction by imprisonment for a period of not less than 1 year; or
	(b)	the Service believes on reasonable grounds that the authorised person—
	(i)	has ceased to conduct the relevant program;
	(ii)	has contravened a term or condition of the authorisation;
	(iii)	is not conducting the relevant program in a proper manner; or
	(iv)	is no longer a fit and proper person to hold an authorisation.
(2)  Where the person in charge of the institution in relation to which an authorisation was granted lodges with the General Manager a written request that the authorisation be cancelled, the Service shall cancel the authorisation with effect from the date referred to in subsection (3) or such later date as is specified for that purpose in the request.
(3)  Subject to subsection (2), the cancellation of an authorisation takes effect on the date the notice of cancellation is given pursuant to section 198.
Authorisation (research or education)—duration
38.   An authorisation shall remain in force, unless sooner surrendered or cancelled, until the expiration of the period specified in the authorisation, and may be renewed in accordance with section 39.
Authorisation (research or education)—renewal
39.  (1)  An authorised person may, before the expiration of the term of the authorisation, apply to the Service for its renewal.
(2)  An application for the renewal of an authorisation shall—
	(a)	be in writing signed by the applicant;
	(b)	specify the period of renewal sought; and
	(c)	be accompanied by—
	(i)	a written statement signed by the person in charge of the institution where the relevant program is being conducted supporting the application; and
	(ii)	the determined fee.
(3)  On application for the renewal of an authorisation, the Service shall renew the authorisation—
	(a)	for the period specified in the application for renewal; or
	(b)	for such shorter period as the Service considers reasonable;
commencing on the day immediately following the day on which, but for its renewal, the authorisation would have expired.
Return of authorisation to General Manager
40.  Upon ceasing to be an authorised person, a person shall not, without reasonable excuse, fail to return the authorisation to the General Manager.
Penalty:  $2,000.
Division 2—First-aid kits
Interpretation
41.  In this Division—
“authorisation” means an authorisation granted under section 43;
“authorised person” means the holder of an authorisation.
Authorisation (first-aid)—application
42.  (1)  A person who proposes to include in a first-aid kit under the person’s control a drug of dependence may apply to the Service for an authorisation in relation to that drug.
(2)  An application for an authorisation shall—
	(a)	be in writing signed by the applicant;
	(b)	specify—
	(i)	the full name, address and occupation of the applicant;
	(ii)	the drug of dependence in relation to which the authorisation is sought;
	(iii)	the strength and form in which the drug would be possessed and used;
	(iv)	the maximum quantity of the drug that would be possessed at any one time;
	(v)	the security arrangements that would be undertaken while the first-aid kit contained such a drug; and
	(vi)	the period for which the authorisation is sought; and
	(c)	be accompanied by the determined fee.
Authorisation (first-aid)—grant
43.  (1)  Where, on application in accordance with section 42, the General Manager is satisfied that the applicant is—
	(a)	a person residing or employed in an isolated locality;
	(b)	a nurse employed to provide first-aid to workers in the course of their employment;
	(c)	a representative of an organisation established to conduct search and rescue operations in mountainous regions; or
	(d)	a person who, in the opinion of the Service, has an adequate reason for including in a first-aid kit under the person’s control the drug of dependence specified in his or her application;
and that the applicant is a fit and proper person to possess and use that drug, the Service shall grant an authorisation to the applicant.
(2)  An authorisation shall specify—
	(a)	the name and address of the authorised person;
	(b)	the drug of dependence in relation to which the authorisation is granted;
	(c)	the strength and form in which the drug may be possessed;
	(d)	the maximum quantity of the drug that may be possessed at any one time;
	(e)	the purpose for which the relevant first-aid kit is, or is to be, used;
	(f)	the conditions (if any) to which the authorisation is subject; 
	(g)	the period for which the authorisation is granted; and
	(h)	such other particulars (if any) as are prescribed.
(3)  An authorised person is entitled to possess the specified drug in a first-aid kit, and to use that drug in accordance with the terms of the authorisation, where the person believes that the use of the drug is necessary for the emergency treatment of a person’s mental or physical condition.
Authorisation (first-aid)—conditions
44.  The conditions that may be specified in an authorisation are such conditions as are necessary and reasonable for ensuring the proper use and safe-keeping of the relevant drug.
Authorisation (first-aid)—variation of conditions
45.  (1)  The Service may vary the conditions specified in an authorisation, with effect from a date specified in the notice of variation given pursuant to section 198 (being not less than 28 days after the date of the notice), to such an extent as is necessary and reasonable for ensuring the proper use and safe-keeping of the relevant drug.
(2)  Within 28 days of service of notice referred to in subsection (1), the relevant authorised person shall submit the authorisation to the General Manager.
Penalty:  $1,000.
(3)  On receipt of an authorisation, the General Manager shall—
	(a)	by endorsement, vary the authorisation in the manner notified under subsection (1); and
	(b)	return it to the authorised person.
Authorisation (first-aid)—change of address
46.  (1)  If a change occurs in the address of an authorised person, that person shall, within 14 days after the change, lodge the authorisation with the General Manager together with written notification of the change.
Penalty:  $2,000.
(2)  On receipt of a notification, the General Manager shall amend the authorisation accordingly, and return it to the authorised person.
Authorisation (first-aid)—surrender
47.  (1)  An authorised person may surrender the authorisation by giving written notice of surrender to the General Manager.
(2)  The surrender of an authorisation takes effect on the date the notice of surrender is given, or such later date as may be specified in the notice for that purpose.
Authorisation (first-aid)—cancellation
48.  The Service may cancel an authorisation if—
	(a)	the authorised person has been convicted—
	(i)	of an offence against this Act;
	(ii)	in Australia or elsewhere of any other offence relating to a drug of dependence or prohibited substance; or
	(iii)	in Australia or elsewhere of an offence punishable on conviction by imprisonment for a period of not less than 1 year; or 
	(b)	the Service believes on reasonable grounds that the authorised person—
	(i)	has ceased to require the relevant drug for inclusion in a first-aid kit under his or her control;
	(ii)	has contravened a term or condition of the authorisation; or
	(iii)	is no longer a fit and proper person to hold an authorisation.
Authorisation (first-aid)—duration
49.  An authorisation shall remain in force, unless sooner surrendered or cancelled, until the expiration of the period specified in the authorisation, and may be renewed in accordance with section 50.
Authorisation (first-aid)—renewal
50.  (1)  An authorised person may, before the expiration of the term of the authorisation, apply to the Service for its renewal.
(2)  An application for the renewal of an authorisation shall—
	(a)	be in writing signed by the applicant;
	(b)	specify the period of renewal sought; and
	(c)	be accompanied by the determined fee.
(3)  On application for the renewal of an authorisation, the Service shall renew the authorisation—
	(a)	for the period specified in the application for renewal; or
	(b)	for such shorter period as the Service considers reasonable;
commencing on the day immediately following the day on which, but for its renewal, the authorisation would have expired.
Return of authorisation to General Manager
51.  Upon ceasing to be an authorised person, a person shall not, without reasonable excuse, fail to return the authorisation to the General Manager.
Penalty:  $1,000.
Part V—Orders and Delivery
Application
52.  This Part does not apply where a drug of dependence is sold or supplied on a prescription or requisition.
Written orders
53.  (1)  A person shall not sell or supply a drug of dependence to another person except in response to a written, signed and dated order from that other person.
(2)  A person shall not sell or supply a drug of dependence to the owner, or the agent of the owner, of a ship unless—
	(a)	the person has received a written order, in duplicate, signed and dated by the owner or agent; and
	(b)	the sale or supply, and the delivery of the drug to the master of the ship, are authorised in writing by the Service.
Penalty:  $10,000 or imprisonment for 5 years, or both.
Delivery
54.  (1)  A person who sells or supplies a drug of dependence to another person shall ensure that it is not delivered to that other person otherwise than—
	(a)	by the seller or supplier;
	(b)	by a person of or over the age of 18 years who is employed by the seller or supplier;
	(c)	by a courier service; or
	(d)	by registered post addressed to the purchaser.
(2)  Where a drug of dependence that has been sold or supplied is delivered in the manner referred to in paragraph (1) (a), (b) or (c), the seller, supplier, employee or courier, as the case may be, shall not deliver that drug, or cause or permit that drug to be delivered, to a person other than—
	(a)	if the drug was sold or supplied to the owner, or the agent of the owner, of a ship—the master of the ship; or
	(b)	in any other case—
	(i)	the purchaser; or
	(ii)	a person of or over the age of 18 years who is employed by the purchaser and who has been nominated by the purchaser in writing for the purpose of taking the delivery.
(3)  Where a drug of dependence that has been sold or supplied is delivered in the manner referred to in paragraph (1) (a) or (b), the person to whom the drug is delivered shall, at the time of delivery, give to the seller, supplier or employee, as the case may be, a signed and dated receipt endorsed on—
	(a)	where the drug is delivered to the master of a ship—each of 2 copies of the order relating to the sale or supply of the drug; or
	(b)	in any other case—1 copy of that order.
(4)  Where a drug of dependence that has been sold or supplied is delivered by courier service or registered post—
	(a)	the seller or supplier of the drug shall forward to the person to whom the drug is delivered, together with the drug—
	(i)	if the drug is delivered to the master of a ship—2 copies of the order relating to the sale or supply of the drug; or
	(ii)	in any other case—1 copy of the order relating to the sale or supply of the drug; and
	(b)	the person to whom the drug is delivered shall, within 24 hours after the delivery, forward to the seller or supplier a signed and dated receipt endorsed on—
	(i)	if the drug was delivered to the master of a ship—each of 2 copies of the order relating to the sale or supply of the drug; or
	(ii)	in any other case—1 copy of that order.
(5)  A seller or supplier of a drug of dependence shall, within 48 hours after receipt of 2 copies of an order endorsed by a master of a ship in accordance with subsection (3) or (4), forward 1 of those copies to the General Manager.
(6)  A seller or supplier of a drug of dependence who uses a courier service to deliver the drug shall—
	(a)	obtain a written undertaking from the person providing the courier service that the person will ensure that the requirements of this section applicable to that delivery are complied with; and
	(b)	not knowingly use a courier in circumstances in which the requirements of this section have not been, or are not being, observed.
(7)  A seller or supplier of a drug of dependence who uses registered post to deliver the drug shall—
	(a)	include with the drug a delivery docket or packing slip relating to the quantity posted; and
	(b)	obtain written evidence of the posting of the drug.
Penalty:  $5,000.
Notification of drug inspector
55.  (1)  Where—
	(a)	a drug of dependence is delivered by courier service or by registered post; and
	(b)	the seller or supplier has not, within 7 days after the drug was delivered, received a copy or 2 copies, as the case requires, of the written order relating to the sale or supply of the drug endorsed in accordance with subsection 54 (4);
the seller or supplier shall accordingly notify a drug inspector—
	(c)	orally forthwith; and
	(d)	in writing within 24 hours.
Penalty:  $5,000.
(2)  Where the seller or supplier becomes aware that any drug of dependence despatched for delivery to another person has not been delivered to that other person, the seller or supplier shall accordingly notify a drug inspector—
	(a)	orally forthwith; and
	(b)	in writing within 24 hours.
Penalty:  $5,000.
(3)  Where a drug inspector receives a report under subsection (2), he or she shall, if—
	(a)	the report is of a theft; or
	(b)	the inspector believes on reasonable grounds that the reported loss is a theft;
give an immediate oral or written report of the loss to a police officer.
Part VI—Supply and Administration
Division 1—Interpretation
Interpretation
56.  In this Part, unless the contrary intention appears—
“amphetamine” means any of the following drugs:
	(a)	amphetamine;
	(b)	dexamphetamine;
	(c)	methamphetamine;
	(d)	methylphenidate;
	(e)	phenmetrazine;
“medical practitioner” includes an intern.
Division 2—Prescriptions
Issue of prescriptions
57.  (1)  A person who is not a medical practitioner or veterinary surgeon shall not prescribe a drug of dependence.
(2)  An intern shall not prescribe a drug of dependence except in the course of treatment conducted at an institution where he or she is working as a intern.
(3)  A veterinary surgeon shall not prescribe a drug of dependence otherwise than for the treatment of an animal.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Drugs of dependence generally
58.  (1)  A medical practitioner shall not prescribe a drug of dependence except—
	(a)	if the drug is methadone—for the treatment in accordance with section 59 of the drug dependence of a person in relation to any drug of dependence or prohibited substance; or
	(b)	in any case—for the treatment of a person’s mental or physical condition.
(2)  If a medical practitioner believes on reasonable grounds that—
	(a)	a person is a drug dependent person in relation to any drug of dependence or prohibited substance; or
	(b)	the person has used any such drug or substance continuously for a period exceeding 2 months, or for periods that, in the aggregate, exceed 2 months;
the medical practitioner shall obtain the written approval of the Medical Officer of Health before prescribing any drug of dependence for the treatment of that person.
(3)  Unless a medical practitioner believes on reasonable grounds that a person is—
	(a)	suffering from narcolepsy; or
	(b)	under the age of 19 years and suffering from hyperkinetic syndrome;
the medical practitioner shall obtain the written approval of the Medical Officer of Health before prescribing an amphetamine for the treatment of that person.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Methadone
59.  Where a medical practitioner believes on reasonable grounds that a person is a drug dependent person in relation to any drug of dependence or prohibited substance, the medical practitioner may, with the written approval of the Medical Officer of Health, prescribe methadone for the treatment of the person’s drug dependence if—
	(a)	the medical practitioner believes on reasonable grounds that methadone would be suitable for such treatment; and
	(b)	the treatment is to be provided at a methadone program treatment centre.
Written prescriptions
60.  (1)  Except as provided in section 61, a prescription for the supply of a drug of dependence shall, in addition to the requirements of any law in force in the Territory relating to such a prescription—
	(a)	be in legible hand-writing;
	(b)	be written in terms and symbols used in ordinary professional practice;
	(c)	specify the name, address and qualification of the person writing the prescription;
	(d)	specify the date on which the prescription is issued;
	(e)	specify the name and address of the person for whose treatment the drug is prescribed or, if the drug is prescribed for the treatment of an animal, the name and address of the owner of the animal;
	(f)	specify the drug, and the quantity, form and strength of the drug, to be supplied;
	(g)	specify the number of times the drug is to be dispensed and, if it is to be dispensed more than once, the interval or intervals that are to elapse between the dispensations;
	(h)	if the prescription is for an unusual or dangerous dose—bear the initials of the person writing the prescription beside an underlined reference to the dose;
	(j)	if the prescription is for an amphetamine—
	(i)	if the Medical Officer of Health has approved the prescription—be endorsed “APPROVED BY MOH” and have attached to it a copy of the approval; or
	(ii)	if the approval of the Medical Officer of Health was not required under section 58—be endorsed “MOH APPROVAL NOT REQUIRED”;
	(k)	if the prescription is issued by a veterinary surgeon—
	(i)	be endorsed as for the treatment of an animal;
	(ii)	specify the species of the animal; and
	(iii)	if possible, specify a means of identifying the animal; and
	(m)	be signed by the person writing the prescription.
(2)  A medical practitioner or veterinary surgeon shall not issue a written prescription for a drug of dependence that fails to comply with subsection (1).
Penalty:  $2,000 or imprisonment for 12 months, or both.
Prescriptions issued orally
61.  (1)  A prescription for a drug of dependence may be issued orally by a medical practitioner or a veterinary surgeon in accordance with this section.
(2)  A medical practitioner or veterinary surgeon shall only orally issue a prescription for a drug of dependence—
	(a)	if the medical practitioner or veterinary surgeon believes on reasonable grounds that the quantity of the drug to be supplied is necessary for the emergency treatment of a mental or physical condition of the person, or the emergency treatment of the animal, as the case may be, for the treatment of whom or of which the drug is prescribed; and
	(b)	to—
	(i)	a pharmacist; or
	(ii)	in a Class I institution, if no pharmacist is available at the time at which the drug is required—a nurse in that institution.
(3)  A medical practitioner or veterinary surgeon who orally issues a prescription for a drug of dependence shall—
	(a)	inform the pharmacist or nurse to whom the prescription is issued of the details referred to in paragraphs 60 (1) (c), (e), (f) and (g); and
	(b)	if the prescription is for an unusual or dangerous dose—inform that pharmacist or nurse accordingly.
(4)  If a medical practitioner or veterinary surgeon orally issues a prescription for a drug of dependence, he or she shall, within 24 hours, furnish the pharmacist or nurse to whom it was issued with a written prescription corresponding to the orally issued prescription and complying with the requirements of subsection 60 (1).
(5)  Where—
	(a) 	a pharmacist or nurse has supplied a drug of dependence in accordance with an orally issued prescription; and
	(b)	he or she does not, within 72 hours, receive from the medical practitioner or veterinary surgeon who issued it a written prescription corresponding to the orally issued prescription and complying with the requirements of subsection 60 (1);
the pharmacist or nurse shall notify a drug inspector in writing accordingly.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Division 3—Requisitions
Requisitions generally
62.  (1)  A person who is not—
	(a)	a pharmacist in a dispensary in a Class I institution;
	(b)	a medical practitioner; or
	(c)	in charge, for the time being, of a ward at a Class I institution;
shall not issue a requisition for a drug of dependence.
(2)  A person shall not issue a requisition for a drug of dependence otherwise than—
	(a)	for the treatment of patients at a Class I institution; and
	(b)	to a pharmacist, or the Chief Pharmacist, at the institution.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Written requisitions
63.  (1)  Except as provided in section 64, a requisition for a drug of dependence shall—
	(a)	be in legible hand-writing;
	(b)	specify the name of the person issuing the requisition and the capacity in which he or she issues it;
	(c)	specify the drug and the quantity, form and strength of the drug to be supplied;
	(d)	specify the ward or dispensary where the drug is required;
	(e)	be signed by the person issuing the requisition; and
	(f)	be countersigned by either the pharmacist who is to supply the drug, or a medical practitioner.
(2)  A person shall not issue a written requisition for a drug of dependence that fails to comply with subsection (1).
Penalty:  $2,000 or imprisonment for 12 months, or both.
Requisitions issued orally
64.  (1)  A requisition for a drug of dependence may be issued orally by a medical practitioner  in accordance with this section.
(2)  A person who is not a medical practitioner shall not orally issue a requisition for a drug of dependence.
(3)  A medical practitioner shall not orally issue a requisition for a drug of dependence unless the quantity of the drug requisitioned is, in the opinion of the medical practitioner, necessary for the emergency treatment of mental or physical conditions of patients at a Class I institution.
(4)  A medical practitioner who orally issues a requisition for a drug of dependence shall inform the pharmacist to whom it is issued of the details referred to in paragraphs 63 (1) (b), (c) and (d).
(5)  If a medical practitioner orally issues a requisition for a drug of dependence, he or she shall, within 24 hours, furnish the pharmacist to whom it was issued with—
	(a)	a written prescription corresponding to the orally issued requisition and complying with the requirements of section 61; or
	(b)	a written requisition corresponding to the orally issued requisition and complying with the requirements of section 63.
(6)  Where—
	(a)	a pharmacist has supplied a drug of dependence in accordance with an orally issued requisition; and
	(b)	he or she does not within 72 hours receive from the medical practitioner who issued it a written prescription or requisition corresponding to the orally issued requisition and complying with the requirements of subsection 60 (1) or section 63, as the case may be;
the pharmacist shall notify the General Manager in writing accordingly.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Division 4—Approval of prescriptions
Interpretation
65.  In this Division—
“Chairperson” means the person appointed under section 66 to be the Chairperson of the Committee;
“Committee” means the Drugs Advisory Committee established under section 66;
“medical practitioner” does not include an intern.
Drugs Advisory Committee—establishment
66.   (1)  For the purposes of this Division, there shall be a committee called the Drugs Advisory Committee.
(2)  The Committee shall consist of 3 members who shall be appointed, as occasion requires, by the Minister.
(3)  A person shall not be eligible for appointment unless he or she is a medical practitioner.
(4)  The Minister shall so exercise the power of appointment as to ensure that, at all times—
	(a)	at least 1 member of the Committee is a person who has had experience in the teaching or practice of psychiatry; and
	(b)	1 member is a person nominated on behalf of the members of the Australian Capital Territory Group of the Australian Medical Association.
(5)  A member of the Committee shall hold office for the period, not exceeding 3 years, specified in the instrument of his or her appointment, and shall be eligible for re-appointment.
(6)  A member of the Committee may resign his or her office by writing signed by him or her and delivered to the Minister.
(7)  The Minister shall, as occasion requires, appointment 1 of the members of the Committee to be the Chairperson of the Committee.
(8)  The Chairperson may resign the office of Chairperson by writing signed by him or her and delivered to the Minister.
Termination of appointment
67.  The Minister shall terminate the appointment of a member of the Committee—
	(a)	if the member ceases to be a medical practitioner;
	(b)	for physical or mental incapacity;
	(c)	for misbehaviour;
	(d)	if, on 3 consecutive occasions, on notice from the Chairperson, the member fails, without leave granted by the Service, to make himself or herself available for a proposed meeting of the Committee;
	(e)	if the member is convicted, in Australia or elsewhere, of an offence punishable on conviction by imprisonment for a period of not less than 1 year; or
	(f)	if the Minister becomes aware that the member has been convicted, in Australia or elsewhere, at some time during the 5 years before the member’s appointment, of an offence punishable by imprisonment for a period of not less than 1 year.
Application for approval
68.  An application for an approval under this Division shall—
	(a)	be in writing signed by the applicant;
	(b)	specify—
	(i)	the full name of the applicant and the address, or an address, at which the applicant carries on the practice of his or her profession;
	(ii)	the name of the drug of dependence to which the application relates;
	(iii)	the quantity, form and strength of the drug;
	(iv)	the dosage in which, and the frequency with which, that drug is to be administered;
	(v)	the name and place of residence of the person to whom that drug is to be administered;
	(vi)	the condition from which that person is suffering that, in the opinion of the applicant, necessitates the administration of that drug; and
	(vii)	in the case of an approval required under section 58—whether, in the opinion of the applicant, that person is drug dependent in relation to any drug of dependence or prohibited substance;
	(c)	be enclosed in an envelope that is sealed and marked “confidential”; and
	(d)	be given to the Medical Officer of Health.
Powers of Medical Officer of Health
69.  (1)  Where the Medical Officer of Health is given an application under section 68, he or she shall—
	(a)	grant approval in the terms sought;
	(b)	grant approval in terms different from those sought;
	(c)	refuse the application; or
	(d)	refer the application to the Committee.
(2)  Where an application for an approval is made for the purpose of compliance with subsection 58 (2)—
	(a)	if the application is made on the ground that the administration of the drug to the person is necessary for the treatment of an organic disease—the Medical Officer of Health may grant the approval or refer the application to the Committee; or
	(b)	in any other case—the Medical Officer of Health shall refer the application to the Committee.
(3)  Upon receipt of a notice given by the Committee pursuant to subsection 70 (3) or 71 (3), the Medical Officer of Health shall comply with the direction specified in the notice.
(4)  Where the Medical Officer of Health makes a decision referred to in paragraphs (1) (a), (b) or (c), or where he or she complies, under subsection (3), with a direction of the Committee, the Medical Officer of Health shall, within 7 days of making the decision, or complying with the direction, give the relevant applicant written notice of that action.
Powers of the Committee
70.  (1)  Where an application—
	(a)	for approval under this Division; or
	(b)	for review under section 72;
has been referred or made, as the case may be, to the Committee, the Chairperson shall arrange for the application to be considered by the Committee.
(2)  After considering the application, the Committee shall direct the Medical Officer of Health—
	(a)	to grant approval in the terms sought;
	(b)	to grant approval in terms different from those sought;
	(c)	not to grant approval;
	(d)	if the application is made for the review of a decision by the Medical Officer of Health to vary an approval—
	(i)	to vary the approval in the terms of the decision by the Medical Officer of Health;
	(ii)	to rescind that decision and to vary the approval in terms different from those terms; or
	(iii)	to rescind that decision; or
	(e)	if the application is made for the review of a decision by the Medical Officer of Health to revoke an approval—
	(i)	to revoke the approval;
	(ii)	to rescind that decision and to vary the approval in specified terms; or
	(iii)	to rescind that decision.
(3)  The Chairperson shall give a written notice to the Medical Officer of Health of each direction given by the Committee under subsection (2).
Variation and revocation of approvals
71.  (1)  The Medical Officer of Health may, at any time, vary or revoke an approval granted without reference to the Committee.
(2)  Where the Committee has directed the Medical Officer of Health to grant an approval it may, at any time and in its discretion, direct the Medical Officer of Health to vary or revoke that approval.
(3)  The Chairperson shall give a written notice to the Medical Officer of Health of each direction given by the Committee under subsection (2).
Review of decisions of the Medical Officer of Health
72.  (1)  Where the Medical Officer of Health—
	(a) 	under subsection 69 (1)—
	(i)	grants approval in terms different from those sought by an applicant; or
	(ii)	refuses to grant approval; or
	(b)	under subsection 71 (1), varies or revokes an approval;
the applicant for the approval may, within 7 days of being given notice of the decision, apply to the Committee, in writing signed by the applicant, for a review of the decision.
(2)  Where, in accordance with subsection (1), an application is made to the Committee for a review of a decision by the Medical Officer of Health varying or revoking an approval, the approval shall, notwithstanding that decision, be deemed to have continued, and to continue, in force, under the terms originally granted, pending the action of the Medical Officer of Health in relation to the application.
Form of approvals
73.  (1)  An approval under this Division, or a variation or revocation of such an approval, shall be in writing signed by the Medical Officer of Health.
(2)  An approval under this Division—
	(a)	shall specify the strength, form and quantity of the relevant drug that may be prescribed;
	(b)	shall specify the period during which that drug may be so prescribed; and
	(c)	is subject to such conditions (if any) specified in the approval as the Medical Officer of Health, or the Committee, thinks fit to impose.
Date of effect of approvals
74.  (1)  An approval under this Division is effective from the time at which the approval is signed by the Medical Officer of Health.
(2)  Subject to subsection 72 (2) a variation or revocation of an approval under this Division takes effect at the time at which notice of the variation or revocation, as the case may be, is given to the applicant for the approval.
Transitional
75.  (1)  In this section, “commencement date” means the date of commencement of this Act.
(2)  Where, before the commencement date, an approval was granted under Division 5 of Part II of the Poisons and Drugs Act 1978, it shall, for the purposes of this Act, be deemed to be an approval granted under this Division.
(3)  Where, before the commencement date, an application had been given to the Medical Officer of Health under section 15 of the Poisons and Drugs Act 1978 and the Medical Officer of Health had not granted or refused the application pursuant to section 20 of that Act, the application shall be treated by the Medical Officer of Health or the Committee, as the case requires, as if it were an application for approval under this Division.
(4)  A person who was, immediately before the commencement date, appointed as a member or the Chairperson of the Drugs Advisory Committee established under section 17 of the Poisons and Drugs Act 1978 shall be deemed to be appointed as a member or the Chairperson, as the case requires, of the Committee established under section 66 of this Act, and shall hold office, subject to this Division, for the remainder of the period for which he or she was so appointed.
Division 5—Supply
Interpretation
76.  In this Division—
“licensee” means the holder of a manufacturer’s or wholesaler’s licence;
“order” means an order referred to in section 53.
Method of supply
77.  A person shall not supply a drug of dependence otherwise than in accordance with the terms of—
	(a)	an order;
	(b)	a requisition issued in accordance with Division 3; or
	(c)	a prescription issued in accordance with Division 2.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Supply on order
78.  (1)  A person shall not supply a drug of dependence upon an order unless the person is—
	(a)	a licensee; or
	(b)	a pharmacist.
(2)  A person shall not supply a drug of dependence upon an order otherwise than to a person the supplier believes on reasonable grounds to be—
	(a)	a licensee;
	(b)	a pharmacist;
	(c)	a medical practitioner or veterinary surgeon;
	(d)	if the drug is cocaine, pentazocine or pethidine—a dentist;
	(e)	the person in charge, for the time being, of a methadone program treatment centre, not being a ward;
	(f)	the holder of an authorisation granted in accordance with Division 1 or 2 of Part IV; or
	(g)	the owner, or the agent of the owner, of a ship.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Supply on requisition
79.  (1)  A person shall not supply a drug of dependence upon a requisition unless the person is a pharmacist in a Class I institution.
(2)  A person shall not supply a drug of dependence from a pharmacy, or the central store, in a Class I institution upon a requisition otherwise than to—
	(a)	in the case of a written requisition—
	(i)	a pharmacist in that institution;
	(ii)	a person in charge, for the time being, of a ward in that institution; or
	(iii)	a medical practitioner; or
	(b)	in the case of an orally issued requisition—a medical practitioner; 
for the treatment of patients at that institution.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Supply on prescription
80.  (1)  A person shall not supply a drug of dependence upon a prescription unless the person is—
	(a)	a pharmacist;
	(b)	a medical practitioner;
	(c)	a person under the personal supervision of a medical practitioner  or pharmacist; or
	(d)	a veterinary surgeon.
(2)  A medical practitioner, or a person under the personal supervision of a medical practitioner, shall not supply a drug of dependence upon a prescription otherwise than for the treatment of a patient under the medical practitioner’s professional care.
(3)  A veterinary surgeon shall not supply a drug of dependence upon a prescription otherwise than for the treatment of an animal under the veterinary surgeon’s professional care.
(4)  A person shall not supply a drug of dependence upon a prescription otherwise than to a person the supplier believes on reasonable grounds to be—
	(a)	a person for the treatment of whom, or for the treatment of an animal in whose custody, the drug has been supplied;
	(b)	if a person referred to in paragraph (a) has a guardian—that guardian;
	(c)	if a person referred to in paragraph (a) is a minor—a parent or guardian of that person; or
	(d)	if neither paragraph (b) nor (c) applies—the duly authorised agent of a person referred to in paragraph (a);
on presentation of the prescription.
(5)  Where an intern prescribes a drug of dependence, a pharmacist in control of a dispensary in a community pharmacy, or a person under the personal supervision of such a pharmacist, shall not supply that drug to any person upon that prescription.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Restrictions on supply
81.  A person shall not supply a drug of dependence upon an order, written requisition or written prescription if that document—
	(a)	appears to that person to have been forged or altered in a material particular by a person other than the person who signed it;
	(b)	bears upon it the word “cancelled” or any other indication that it is cancelled; or
	(c)	bears a date more than 6 months before the date on which it is presented for supply.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Forged prescriptions, requisitions and orders
82.  Where a person believes on reasonable grounds that an order, requisition or prescription presented to the person for the supply of a drug of dependence is forged or has been altered in a material particular by a person other than the person who wrote that document, the first-mentioned person shall—
	(a)	immediately notify a police officer and a drug inspector accordingly; and
	(b)	forward a written report to the General Manager setting out the grounds on which he or she believes it to have been forged or altered.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Supplying dextromoramide and hydromorphone
83.  A person shall not, upon a written prescription, supply dextromoramide or hydromorphone unless the person—
	(a)	is familiar with the handwriting of the person who issued the prescription;
	(b)	verifies with the person who apparently issued the prescription that it was issued by that person; or
	(c)	knows the person for whom the drug was prescribed.
Penalty:  $5,000 or imprisonment for 2 years, or both.
Division 6—Administration
Administration—witnesses
84.  (1)  In this section—
“institution” includes a methadone program treatment centre, irrespective of whether the centre is a ward;
“medical practitioner” does not include an intern.
(2)  A person shall not administer a drug of dependence to a patient at an institution, except in the presence of—
	(a)	if the person is an intern—a medical practitioner, dentist or nurse; or
	(b)	in any other case—
	(i)	a medical practitioner, intern, dentist, pharmacist or nurse; or
	(ii)	an enrolled nurse who has completed a course on the use of drugs of dependence approved for the purpose of this section by the Service.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Part VII—Supply of syringes
Interpretation
85.  In this Part—
“approval” means an approval under section 86;
“approved person” means a person who holds a current approval;
“health worker” means a person who has completed a course of instruction;
“course of instruction” means a course approved by the Service about appropriate health counselling and the hygienic distribution, use, collection and disposal of syringes.
Distribution of syringes—approval
86.  (1)  A medical practitioner, pharmacist, nurse or health worker may apply to the Service for approval to supply syringes.
(2)  An application shall—
	(a)	be in writing signed by the applicant;
	(b)	state the full name of the applicant and his or her occupational, business or private address;
	(c)	set out details of the applicant’s occupation or business; and
	(d)	if the applicant is a health worker—set out particulars of the most recent course of instruction which the applicant has completed.
(3)  Where, on an application in accordance with this section, the Service is satisfied that—
	(a)	having regard to—
	(i)	the desirability of preventing the spread of disease; and
	(ii)	the number of approved persons;
there is a need for an additional person to be approved;
	(b)	the applicant has attended a course of instruction; and
	(c)	the applicant is a fit and proper person to be approved;
the Service shall grant an approval to the applicant.
(4)  An approval shall specify—
	(a)	the full name and address of the approved person;
	(b)	the capacity in which the person is approved;
	(c)	an identifying number; and
	(d)	the period for which the approval is granted.
(5)  An approval granted to a health worker may be made subject to the condition that the health worker attend a further course of instruction.
Approval—surrender
87.  (1)  An approved person may surrender the approval by giving written notice of surrender to the General Manager.
(2)  The surrender of an approval takes effect on the date the notice of surrender is given, or on such later date as may be specified in the notice for that purpose.
Approval—cancellation
88.  (1)  Where the Service believes on reasonable grounds that an approved person—
	(a)	without reasonable excuse, has not attended a course of instruction, where that attendance is a condition to which the person’s approval is subject;
	(b)	has been convicted of an offence against sections 91 or 92; or
	(c)	is no longer a fit and proper person to hold an approval;
the Service may cancel that person’s approval.
(2)  The cancellation of an approval takes effect on the date the notice of cancellation is given pursuant to section 198.
Approval—duration
89.  An approval shall remain in force, unless sooner cancelled, for a period of 12 months commencing on the date on which the approval was granted, and may be renewed in accordance with section 90.
Approval—renewal
90.  (1)  An approved person may, at any time before the expiration of the term of the approval, apply to the Service for a renewal of the approval.
(2)  An application for the renewal of an approval shall be in writing signed by the approval holder.
(3)  On application for the renewal of an approval, the Service shall renew the approval for a further period of 12 months, commencing on the day immediately following the day on which or, but for its renewal, the approval would have expired.
(4)  A renewal of an approval of a health worker under this section may be made subject to the condition that the health worker attend a further course of instruction.
Approval—production to police
91.  Upon request by a police officer, an approved person shall not, without reasonable excuse, fail to produce the approval for inspection by the police officer.
Penalty:  $1,000.
Approval—lending to another person
92.  An approved person shall not lend or give the approval to another person for the purpose of assisting the person to supply syringes.
Penalty:  $1000.
Offences under Crimes Act, 1900 (NSW)
93.  (1)  An approved person who supplies a syringe to another person shall not, by reason only of that supply, be taken to commit any offence under or by virtue of a provision in Part VIII of the Crimes Act, 1900 of the State of New South Wales in its application to the Territory, if—
	(a)	the supply is in the course of the professional practice or occupational duties of the approved person; and
	(b)	the approved person has reasonable grounds for believing that—
	(i)	the syringe might be used for the purpose of the administration to the other person of a drug of dependence or prohibited substance; and
	(ii)	the supply of the syringe might assist in preventing the spread of disease.
(2)  A person who prints or publishes a notice, announcement or advertisement in any form about the supply by approved persons of syringes in the circumstances referred to in subsection (1) shall not, by reason only of that printing or publishing, be taken to have committed any offence under or by virtue of a provision in Part VIII of the Crimes Act, 1900 of the State of New South Wales in its application to the Territory.
Return of approval to General Manager
94.  Upon ceasing to be an approved person, a person shall not, without reasonable excuse, fail to return the approval to the General Manager.
Penalty:  $1,000.
Part VIII—Records, Safe-keeping And Disposal
Division 1—Records of drugs of dependence
Interpretation
95.  In this Division, unless the contrary intention appears—
“drug register” means a register kept pursuant to section 99;
“first-aid register” means a register kept pursuant to section 103;
“licensee” means the holder of a manufacturer’s or wholesaler’s licence;
“order” means an order referred to in section 53;
“prescribed person” means—
	(a)	a licensee;
	(b)	a pharmacist in control of a dispensary;
	(c)	a Chief Pharmacist; or
	(d)	a medical practitioner, dentist or veterinary surgeon;
“ward” includes a methadone program treatment centre;
“ward register” means a register kept pursuant to section 101.
Orders
96.  A person who directly controls a place from which drugs of dependence are sold or supplied on order shall, while they control that place—
	(a)	keep the receipt for each drug of dependence sold or supplied from that place upon an order for a period of 2 years from the date of the receipt;
	(b)	maintain at that place each such receipt in order of the date of the receipt;
	(c)	keep the written evidence of each despatch of a drug of dependence by registered post from that place for a period of 2 years from the date of despatch; and
	(d)	maintain at that place all such evidence in order of the date of despatch.
Penalty:  $2,000.
Prescriptions and requisitions
97.  (1)  In this section—
“prescription” includes the duplicate of a prescription issued under the National Health Act 1953 of the Commonwealth or the Repatriation Act 1920 of the Commonwealth.
(2)  A person who supplies a drug of dependence upon a prescription or requisition shall, at the time when the drug is supplied or, in the case of an orally issued prescription or an orally issued requisition, at the time when the corresponding written prescription or requisition under subsection 61 (4) or 64 (5) is received, endorse upon the face of the prescription or requisition in a permanent form—
	(a)	the date on which the drug was supplied;
	(b)	the usual signature of the person;
	(c)	the address or location of the dispensary or place from which the drug was supplied;
	(d)	in the case of a prescription containing a direction to repeat the supply—the number of the repeat supplied; and
	(e)	in the case of a requisition, or a prescription not containing a direction to repeat, or when the last repeat of a prescription is supplied—the word “cancelled”.
(3)  A person who directly controls a place, including the central store or a dispensary or ward in a Class I institution, from which drugs of dependence are supplied upon prescription or requisition shall, while they control that place—
	(a)	keep the prescription or requisition for each drug of dependence sold or supplied from that place which has been endorsed as cancelled pursuant to subsection (2) for a period of 2 years from the date of endorsement; and
	(b)	number, and maintain at that place, each such prescription and requisition in order of the date of its endorsement.
(4)  A person who supplies a drug of dependence upon a prescription shall mark the label on the bottle or package of the drug with—
	(a)	the name of the person for the administration to whom the drug is supplied; and
	(b)	the number accorded to the prescription for the drug pursuant to subsection (3).
Penalty:  $2,000 or imprisonment for 12 months, or both.
Supply of information to General Manager
98.  A person who supplies a drug of dependence upon an order, prescription or requisition shall, within 7 days of the end of the month in which the drug was supplied, give the General Manager details of the information contained in the relevant order, prescription or requisition.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Drug registers
99.  A prescribed person shall keep, or cause to be kept, at the place where any drugs of dependence are kept by that person, a register of drugs of dependence in accordance with Form 1.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Entries in drug registers
100.  (1)  A prescribed person shall, within 24 hours of manufacturing or receiving a drug of dependence, enter or cause to be entered in the relevant drug register—
	(a)	the date on which the drug was manufactured or received, as the case may be;
	(b)	the name, quantity, form and strength of the drug; and
	(c)	the name and occupational or business address of the person, if any, who supplied the drug.
(2)  Where a prescribed person sells, supplies or administers, or causes to be sold, supplied or administered, a drug of dependence he or she shall, within 24 hours, enter or cause to be entered in the relevant drug register—
	(a)	the date of the sale, supply or administration;
	(b)	the name, quantity, form and strength of the drug;
	(c)	if the drug is supplied upon prescription or requisition—the name and occupational address of the person prescribing or requisitioning the drug, and the number accorded to the prescription or requisition pursuant to paragraph 97 (3) (b);
	(d)	if the prescribed person is a pharmacist at a Class I institution—details of the dispensary or ward to which the drug was supplied;
	(e)	if the prescribed person is a pharmacist in control of a dispensary at a community pharmacy, a medical practitioner, a dentist or a veterinary surgeon—the name and residential address of—
	(i)	the person for the treatment of whom, or for the treatment of an animal in the care of whom, the drug was supplied or administered; and
	(ii)	if the drug is not supplied to that person—the person to whom the drug is supplied;
	(f)	if the prescribed person is a veterinary surgeon—the species of animal, and, where possible, a means of identifying the animal for the treatment of which the drug was supplied;
	(g)	if the prescribed person is a licensee—the name and occupational or business address of the person to whom the drug was supplied; and
	(h)	the quantity of the drug still kept by the prescribed person.
(3)  A person who makes an entry in a drugs register shall sign the entry.
Penalty:  $2,000.
Ward registers
101.  A person who, for the time being, is in charge of a ward, shall keep, or cause to be kept, in the ward, a ward drugs of dependence register in accordance with Form 2.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Entries in ward registers
102.  (1)  A person who keeps, or causes to be kept, a ward register shall enter, or cause to be entered, in that register, in respect of each drug of dependence supplied for use in the ward, within 24 hours after the drug is supplied—
	(a)	the date on which the drug was supplied;
	(b)	the name, quantity, form and strength of the drug; and
	(c)	in the case of a Class II institution—the name and business address of the person who supplied the drug.
(2)  A person who administers a drug of dependence to a patient in a ward shall enter in the relevant ward register within 24 hours after the drug is administered—
	(a)	the date and time of the administration;
	(b)	the name, quantity, form, strength and dose of the drug;
	(c)	the number accorded to the relevant prescription pursuant to subsection 97 (3);
	(d)	the name of the medical practitioner who prescribed the drug;
	(e)	the name of the patient to whom the drug was administered; and
	(f)	the quantity of the drug remaining in the ward.
(3)  A person who makes an entry in a ward register shall sign the entry.
(4)  A person who—
	(a)	supplies a drug of dependence to a ward; or
	(b)	witnesses, under section 84, the administration of a drug of dependence to a patient in the ward;
shall countersign the relevant entry in the ward register.
Penalty:  $1,000.
First-aid registers
103.  A person authorised under Part IV Division 2 to have control of a first-aid kit containing a drug of dependence shall keep or cause to be kept, in a locked receptacle or room to which that person has exclusive access, a first-aid drugs of dependence register in accordance with Form 3.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Entries in first-aid registers
104.  (1)  A person who keeps a first-aid register shall enter, or cause to be entered, in the register—
	(a)	in respect of each drug of dependence contained in the kit—
	(i)	the date on which the drug was supplied;
	(ii)	the name, quantity, form and strength of the drug; and
	(iii)	the name and business address of the person who supplied the drug; and
	(b)	in respect of each drug of dependence (being a drug that was contained in the first-aid kit) that is supplied for, or administered to, a person—
	(i)	the date on which the drug was supplied or administered;
	(ii)	the name and residential address of the person, if ascertainable;
	(iii)	the name, quantity, form and strength of the drug supplied or administered;
	(iv)	the mental or physical condition for the treatment of which the drug was supplied or administered; and
	(v)	the quantity of the drug remaining in the first-aid kit.
(2)  A person who makes an entry in a first-aid register shall sign the entry.
Penalty:  $1,000.
Record of disposal
105.  (1)  Where a drug of dependence in relation to which an entry has been made in a register has been disposed of or surrendered in accordance with section 120, the person who is required to keep, or cause to be kept, the register shall enter in it—
	(a)	if the drug is surrendered—the name of the person to whom the drug is surrendered;
	(b)	the name, quantity, form and strength of the drug disposed of or surrendered; and
	(c)	the date of disposal or surrender and, where the drug is disposed of, the method of disposal;
and that person shall sign the entry.
(2)  Where a drug of dependence is disposed of in accordance with section 120—
	(a)	the person who disposed of the drug shall sign; and
	(b)	the person who supervised that disposal shall countersign;
the relevant entry in the relevant register.
Penalty:  $1,000.
Registers—general provisions
106.  (1)  Subject to subsection (2), a person shall not alter, or cause or permit to be altered, an entry made in a register.
(2)  A person who keeps, or causes to be kept, a register shall, by the addition of a notation signed by the person making the notation and by a witness, correct, or cause to be corrected, a mistake in any entry made in that register.
(3)  Subject to section 109, a person who keeps, or causes to be kept, a register shall—
	(a)	retain possession of the register for 2 years after the date of the last entry made in the register; and
	(b)	make the register available for inspection on request by—
	(i)	a drug inspector; or
	(ii)	a police officer authorised in writing for the purpose by the Service.
(4)  A person who keeps, or causes to be kept, a register shall, immediately upon discovering the loss or destruction of the register or part of the register—
	(a)	advise the General Manager in writing accordingly;
	(b)	make, or cause to be made, for the purpose of compiling a new register, an inventory in accordance with Form 4 of each drug of dependence kept by him or her; and
	(c)	on the basis of that inventory, any previous relevant inventories and the copies of relevant orders, prescriptions and requisitions held pursuant to section 96 and subsection 97 (3), compile a new register or reconstruct, as far as possible, that part of the old register which was lost or destroyed.
Penalty:  $2,000 or imprisonment for 12 months, or both.
False entries in registers
107.  A person who keeps, or causes to be kept, a register shall not make, or cause or permit to be made, in the register an entry that is, to the knowledge of that person, false or misleading in any particular.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Patients’ records
108.  A person who administers a drug of dependence to a patient at an institution, or a methadone program treatment centre, where the centre is not a ward, shall enter on the prescription for that drug which forms part of the clinical records maintained by the institution or centre in relation to that patient, or in those records in relation to that prescription—
	(a)	the date and time of the administration; and
	(b)	a notation confirming that the drug was administered in accordance with the prescription; 
and that person shall initial the entry.
Penalty:  $1,000.
Transfer of control of pharmacies
109.  (1)  Where it is proposed that a pharmacist take control of a dispensary in a community pharmacy for a continuous period exceeding 14 days, the pharmacist previously in control of the dispensary shall, prior to ceasing to control the dispensary—
	(a)	make an inventory in accordance with Form 4 of each quantity of each drug of dependence held in the dispensary;
	(b)	sign and date the inventory and deliver it to the first-mentioned pharmacist; and
	(c)	enter in the register kept at the dispensary particulars of each such quantity, and give the register to the first-mentioned pharmacist.
Penalty:  $2,000 or imprisonment for 12 months, or both.
(2)  A pharmacist taking control of a dispensary in the circumstances specified in subsection (1) shall, upon taking control of the dispensary, check the inventory made pursuant to paragraph (1) (a) against—
	(a)	the drugs of dependence kept in the dispensary; and
	(b)	the entires in the register, being the entries referred to in paragraph (1) (c);
and, if the inventory is, in his or her opinion, correct, the pharmacist shall mark the inventory accordingly and sign it.
Penalty:  $2,000.
(3) Where, after checking an inventory in the manner required by subsection (2), a pharmacist forms the opinion that the inventory is incorrect in any particular, he or she shall accordingly—
	(a)	mark the inventory; and
	(b)	notify a drug inspector—
	(i)	orally immediately; and
	(ii)	in writing within 24 hours.
Penalty for contravention of subsection (3):  $2,000.
Division 2—Safe-keeping of drugs of dependence
Interpretation
110.  In this Division—
“drug cabinet” means a receptacle which is either—
	(a)	constructed of black mild steel plate of not less than 10 millimetres thickness;
	(b)	constructed with continuous welding of all edges;
	(c)	fitted with a door, constructed of black mild steel plate of not less than 10 millimetres thickness, swung on hinges welded to the door and body of the cabinet, the door being flush fitting with a clearance around the door of not more than 1.5 millimetres;
	(d)	fitted with a fixed locking bar, welded to the inside face of the door near the hinge edge, which engages in a rebate in the cabinet when the door is closed;
	(e)	fitted with a five-lever key lock or locking mechanism providing at least the same degree of security, securely affixed to the rear of the face of the door; and
	(f)	securely attached to a wall or a floor so that—
	(i)	where the wall and the floor are constructed of brick or concrete, it is fixed to the wall or the floor or both by means of not less than 4 expanding bolts of at least 10 millimetres in diameter;
	(ii)	where the wall or walls are constructed of brick or concrete, it is fixed to the wall or the walls by means of not less than 4 expanding bolts of at least 10 millimetres in diameter;
	(iii)	where the wall is of timber construction, but the floor is constructed of brick or concrete, the fixing is to the floor by means of not less than 4 suitably sized expanding bolts of at least 10 millimetres in diameter through suitable sized holes drilled in the bottom of the cabinet and not less than 2 substantial coach screws into the wooden uprights behind or alongside the cabinet as close to the top of the wall face as is possible; and
	(iv)	where neither a floor nor a wall constructed of brick or concrete is available, the fixing is to the timber frame of the wall or the timber frame of the floor by a method that will ensure that the cabinet cannot be removed within a period of 30 minutes from the floor or wall;
or which—
	(g)	conforms to the specifications referred to in paragraphs (a) to (e) (inclusive); and
	(h)	is embedded in a floor of reinforced concrete of at least 10 megapascals compressive strength;
“key safe” means a safe, designed to be opened by means of a combination lock, used for the purpose of keeping the key to a vault, strong room, safe or drug cabinet;
“licensee” means the holder of a manufacturer’s or wholesaler’s licence;
“safe” means a safe which is constructed in such a manner as to prevent ready access to its contents by cutting, sawing or unbolting, and which is—
	(a)	free-standing and weighing not less than 350 kilograms; or
	(b)	is securely affixed or anchored to, or embedded in, a concrete floor or a concrete or brick wall;
“strong room” means a structure—
	(a)	of brick or concrete;
	(b)	fitted with a door; and
	(c)	which may reasonably be expected to resist, when locked, attempts to gain entry by tools, torch or explosives for a period of not less than 1 hour;
“vault” means a structure—
	(a)	constructed of reinforced concrete forming all walls, floor and ceiling;
	(b)	fitted with a door; and
	(c)	which may reasonably be expected to resist, when locked, attempts to gain entry by tools, torch or explosives for a period of not less than 1 hour.
Safe-keeping by manufacturers and wholesalers
111.  (1)  A licensee shall keep each drug of dependence held by the licensee in a vault, strong room or safe at the premises specified in the relevant licence.
Penalty:   $10,000.
(2)  A licensee shall not keep a drug of dependence in a strong room or safe without the written approval of the Service.
Penalty:   $10,000.
(3)  The Service shall give an approval for the purpose of subsection (2) where, in the opinion of the Service, the total quantity of the drugs of dependence held by the licensee at any time is not large enough to require storage in a vault.
(4)  A licensee shall ensure that the vault, strong room or safe used by the licensee to keep drugs of dependence is fitted with such warning devices and detectors as are, or as are of a type, approved in writing for the purpose by the Service.
Penalty:  $10,000.
(5)  The Service may approve in writing warning devices or detectors, or types of such devices or detectors for the purposes of subsection (4).
Safe-keeping by Chief Pharmacists
112.  (1)  A Chief Pharmacist shall keep each drug of dependence held by him or her in a vault, strong room or safe.
Penalty:  $5,000 or imprisonment for 12 months, or both.
(2)  For the purposes of subsection (1), a Chief Pharmacist shall not be taken to hold a drug of dependence unless it is kept in the central store of the relevant institution, or a dispensary in the institution under the direct control of the Chief Pharmacist.
(3)  A Chief Pharmacist shall ensure that—
	(a)	each vault, strong room or safe used by him or her to keep drugs of dependence;
	(b)	each drug cabinet and each other safe in the relevant institution; and
	(c)	each key safe used for keeping the key to any such vault, strong room, safe or drug cabinet;
is fitted with such warning devices and detectors as are, or as are of a type, approved in writing for the purpose by the Service.
Penalty:  $5,000 or imprisonment for 12 months, or both.
(4)  The Service may approve in writing warning devices or detectors, or types of such devices or detectors, for the purpose of subsection (3).
Safe-keeping by medical practitioners, dentists and veterinary surgeons
113.  A medical practitioner, dentist, veterinary surgeon or a person authorised under Part IV Division 2 to control a first-aid kit containing a drug of dependence shall—
	(a)	keep each drug of dependence held by him or her in a locked receptacle securely fixed to the premises, or in a locked room, except any drug of dependence that is being carried by him or her; and
	(b)	keep each drug of dependence that is being carried by him or her in a locked bag or container.
Penalty:   $5,000.
Safe-keeping by other persons
114.  (1)  Where a drug of dependence is kept by—
	(a)	a pharmacist in control of a dispensary, not being the central store of an institution or a dispensary under the direct control of the Chief Pharmacist of an institution;
	(b)	a person in charge, for the time being, of a ward at an institution;
	(c)	if the drug is kept at a methadone program treatment centre which is not a ward—a person in charge, for the time being, of the centre; or
	(d)	a person in charge of a Class II institution;
that person shall keep the drug, or cause it to be kept, in a drug cabinet, or in a safe securely embedded in a concrete floor.
Penalty:  $5,000.
(2)  Where a drug of dependence is kept in a drug cabinet or safe—
	(a)	at a Class II institution by the person in charge of the institution;
	(b)	at a methadone program treatment centre which is not a ward by the person in charge of the centre; or
	(c)	in a dispensary at a community pharmacy by the pharmacist in control of the dispensary;
that person shall ensure that the drug cabinet or safe and the key safe, if any, used for keeping the key to that cabinet or safe, is fitted with such warning devices and detectors as are, or as are of a type, approved in writing by the Service.
Penalty:  $5,000.
(3)  The Service may approve in writing warning devices or detectors, or types of such devices or detectors, for the purposes of subsection (2).
(4)  Subsection (2) does not apply where—
	(a)	the relevant drug cabinet or safe is in a dispensary at a community pharmacy; and
	(b)	the Service is satisfied on reasonable grounds that the building or building complex in which that pharmacy is situated is patrolled by a security service in a satisfactory manner.
Safe-keeping at institutions
115.  (1)  A person in charge of a Class II institution shall not keep, or cause or permit to be kept, at that institution a quantity of a drug of dependence exceeding that prescribed by a medical practitioner for the treatment of a patient at the institution.
(2)  A person shall not remove any quantity of a drug of dependence that is to be administered to a patient in an institution from the receptacle or place in which the drug is stored, until that quantity of the drug is required for that purpose.
Penalty:  $5,000.
Loss or theft of a drug of dependence
116.  (1)  A person keeping a drug of dependence shall, on becoming aware of the loss or theft of a quantity of the drug—
	(a)	if the person believes on reasonable grounds that the drug was stolen, accordingly notify a drug inspector and a policy officer—
	(i)	orally immediately; and
	(ii)	in writing within 24 hours;
	(b)	in the case of a loss—give a written report of the circumstances of the loss to a drug inspector; and
	(c)	record the loss or theft accordingly in the relevant register or, in the case of a person authorised under Part IV, Division 1, in the records required to be kept by that person as a condition of the authorisation.
Penalty:  $2,000.
(2)  Where a quantity, or part of a quantity, of a drug of dependence which was lost or stolen is recovered, the person who originally held that quantity or part shall record its recovery accordingly in the relevant register or, in the case of a person authorised under Part IV, Division 1, in the records required to be kept by that person as a condition of the authorisation.
Penalty:  $2,000.
(3)  Where a drug inspector receives a report under subsection (1), he or she shall, if—
	(a)	the report is of a theft; or 
	(b)	the drug inspector believes on reasonable grounds that a reported loss is a theft;
immediately give a report of the circumstances or the loss to a police officer.
Access to combinations and keys of drug receptacles
117.  (1)  In this section, “responsible person” means—
	(a)	a licensee who is a natural person;
	(b)	each person specified in a licence as a supervisor;
	(c)	a Chief Pharmacist;
	(d)	a pharmacist in control of a dispensary;
	(e)	a medical practitioner, dentist or veterinary surgeon;
	(f)	a person in charge, for the time being, of a ward at an institution;
	(g)	in the case of a methadone program treatment centre which is not a ward—the person in charge, for the time being, of the centre; or
	(h)	a person in charge of a Class II institution.
(2)  Where a responsible person keeps a drug of dependence in a receptacle or place designed to be opened by means of a combination lock, that person shall maintain personal access to, and keep confidential, the combination of the lock.
(3)  Where a responsible person keeps a drug of dependence in a receptacle or place designed to be opened with a key, that person shall—
	(a)	if the drug is kept at an institution, or a methadone program treatment centre which is not a ward—
	(i)	retain personal custody of the key; or
	(ii)	if the key is kept in a key safe—maintain personal access to, and keep confidential, the combination of the lock of the key safe; or
	(b)	in any other case—retain personal custody of the key.
(4)  Where a licensee who is a corporation keeps a drug of dependence in a receptacle or place, each director of that corporation nominated by the corporation for the purpose shall—
	(a)	if that receptacle or place is designed to be opened by means of a combination lock—maintain personal access to, and keep confidential, the combination of the lock; or
	(b)	if that receptacle or place is designed to be opened with a key—retain personal custody of the key.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Safe-keeping—general
118.  A person keeping a drug of dependence shall—
	(a)	keep it in conditions which preserve the stability and quality of the drug;
	(b)	except where the person is a medical practitioner, veterinary surgeon or a dentist, or a pharmacist in control of the dispensary at a community pharmacy, ensure that only drugs of dependence are kept in the receptacle or place where the drug is kept; and
	(c)	ensure that the receptacle or place where the drug is kept, and the key safe, if any, used for keeping the key to that receptacle or place, is kept locked at all times except when it is necessary to carry out essential operations in connection with the drugs of dependence, or to gain access to any other items kept in that receptacle or place.
Penalty:  $2,000 or imprisonment for 12 months, or both.
Division 3—Inspection—Class I institutions
Inspection of records and storage facilities
119.  The Chief Pharmacist of a Class I institution shall make, or cause to be made, at intervals of not greater than 6 months, an inspection of—
	(a)	the records kept under Division 1 in relation to any drug of dependence; and
	(b)	the central store, each dispensary and each ward;
at that institution for the purpose of ensuring that each drug of dependence held in the institution—
	(c) 	accords with the relevant record; and
	(d)	is being stored pursuant to the provisions of Division 2.
Penalty:  $2,000.
Division 4—Disposal of drugs of dependence
Procedure for disposal
120.  (1)  Where a person holds a quantity of a drug of dependence that the person wishes to dispose of, or which has become unfit for use, that person shall—
	(a)	keep the quantity stored pursuant to Division 2 until it is disposed of or surrendered; and
	(b)	ensure that that quantity is disposed of or surrendered in accordance with this action.
Penalty:  $2,000 or imprisonment for 12 months, or both.
(2)  Subsection (1) does not apply to a drug inspector or an analyst.
(3)  A drug of dependence referred to in subsection (1) shall be—
	(a)	disposed of under the supervision of, and in accordance with the direction, of a drug inspector; or
	(b)	surrendered to a drug inspector by—
	(i)	delivering it personally to the inspector; or
	(ii)	sending it to the inspector by registered mail or courier service;
to be disposed of as the Service directs.
(4)  Where a drug of dependence referred to in subsection (1) is held at a Class I institution, it shall be—
	(a)	if the drug is held by the Chief Pharmacist of that institution—disposed of in the presence of—
	(i)	a medical practitioner, intern, dentist, pharmacist or nurse; or
	(ii)	an enrolled nurse who has completed a course on the use of drugs of dependence approved for the purpose of this section by the Service;
	(b) 	if the drug is held by any other person—disposed of in the presence of the Chief Pharmacist of the institution; or
	(c)	in any case—disposed or surrendered in accordance with subsection (3).
(5)  Where a drug of dependence referred to in subsection (1) is surrendered to a drug inspector, it shall be disposed of in the presence of—
	(a)	a Chief Pharmacist of an institution; or
	(b)	a person referred to in any of subparagraphs (4) (a) (i) or (ii).
(6)  For the purposes of this section, a Chief Pharmacist of an institution shall not be taken to hold a drug of dependence unless it is kept in the central store of the relevant institution, or a dispensary in the institution under the direct control of the Chief Pharmacist.
(7)  For the purposes of this section, a drug of dependence shall be taken to be unfit for use if that drug is—
	(a) 	contaminated;
	(b)	kept later than the date specified on its container or packet as the date after which it should not be used; or
	(c)	otherwise unfit for use.
Part IX—Treatment
Division 1—Preliminary
Interpretation
121.  In this Part, unless the contrary intention appears—
“approved treatment centre” means a hospital or other health facility conducted by the Service, or a treatment centre in respect of which an approval under Division 4 is in force;
“assessment order” means an order under section 122;
“member” means a member of a panel;
“offender” means a person referred to in subsection 122 (1);
“panel” means a treatment assessment panel established under Division 3; 
“proper officer” means—
	(a)	in relation to the Supreme Court—the Registrar of that court; and
	(b)	in relation to the Magistrates Court or the Childrens Court—the Clerk of that court;
“responsible officer” means—
	(a)	in relation to an offender who has not attained the age of 18 years—the Director of Welfare appointed under section 7 of the Children’s Services Act 1986; or
	(b) 	in any other case—the Administrator appointed under section 6 of the Remand Centres Act 1976;
“treatment” includes medical treatment, therapy, or admission to an education or rehabilitation program, being treatment, therapy or a program which is aimed at assisting persons who are drug dependent in relation to any drug of dependence to overcome their drug dependence;
“treatment centre” means a hospital, nursing-home, hostel or other institution that ordinarily provides treatment for persons who are drug dependent in relation to any drug of dependence, but does not include a hospital or other health facility conducted by the Service;
“treatment order” means an order under section 123.
Division 2—Assessment orders and treatment orders
Assessment orders
122.  (1)  Where a court finds an offence under this Act or under any other law in force in the Territory proved against a person, the court may, having regard to whether the person may have been—
	(a)	under the influence of a drug of dependence or a prohibited substance when he or she committed the offence; or
	(b)	motivated to commit the offence by a desire—
	(i)	to administer a drug of dependence or prohibited substance to himself or herself;
	(ii)	to obtain such a drug or substance for administration to himself or herself; or
	(iii)	to obtain resources to enable him or her to obtain such a drug or substance for administration to himself or herself;
order the person to submit himself or herself for assessment by a panel and, if so required by the panel, for assessment at an approved treatment centre or centres.
(2)   A court shall only make an order under subsection (1)—
	(a)	with the consent of the offender; and
	(b)	before convicting or sentencing the offender, or otherwise disposing of the matter.
(3)  Where a court makes an order under subsection (1) in relation to an offender, the proper officer of the court shall—
	(a)	cause the order to be written down in accordance with Form 5; and
	(b)	cause a copy of the order to be given to the offender and to the General Manager.
Treatment orders
123.  (1) In this section, “probation officer”, in relation to an offender, means a person authorised by the responsible officer to supervise the offender.
(2)  Where—
	(a)	a court makes an assessment order in relation to an offender; and
	(b)	the panel by which the offender is assessed issues a recommendation that the offender undergo treatment at an approved treatment centre;
the court may make an order under subsection (3), taking into consideration the panel’s assessment and recommendation, together with any relevant assessment from an approved treatment centre.
(3)  In the circumstances referred to in subsection (2), a court may, with the consent of the offender, order that the offender, during a period of 2 years, or such shorter period as the court may specify in the order—
	(a)	in accordance with the recommendation of the panel, submit himself or herself for the treatment specified in the order at the approved treatment centre specified in the order, or for any other treatment at that centre or any other centre, as directed from time to time by a panel under section 142 or 143, in accordance, in any case, with the reasonable requirements of the person in charge of the relevant centre; and
	(b)	comply with such other conditions as the court specifies in the order.
(4)  Where a court makes an order under subsection (3), without limiting the generality of that subsection, a court may specify conditions in the order relating to—
	(a)	the supervision by a probation officer of the offender;
	(b)	the attendance by the offender at the relevant approved treatment centre; or
	(c)	the periodic attendance by the offender before a panel for review of the treatment being undergone by the offender.
(5)  Before making a treatment order, the court shall explain to the offender in respect of whom the order is to be made—
	(a) 	the effect that the proposed order would have;
	(b)	the consequences of non-compliance with the order and of the commission of an offence under subsection 124 (2); and 
	(c)	that the court has the power to review the order upon the application of the Service or of the offender.
(6)  Nothing in this section affects the power of a court—
	(a)	to make an order under section 437, 556A, 556B or 556G of the Crimes Act, 1900 of the State of New South Wales in its application to the Territory in respect of an offender;
	(b)	to make an order for costs against an offender;
	(c)	to suspend or cancel an offender’s licence to drive a motor vehicle or to disqualify an offender from holding such a licence for such period as the court thinks fit;
(7)  Where a court makes a treatment order, the proper officer of the court shall—
	(a)	cause the order to be written down in accordance with Form 6; and
	(b)	cause a copy of the order to be given to the offender, the General Manager and the responsible officer.
Offences—treatment orders
124.  (1)  In this section, “the court” means the court which made the relevant treatment order in relation to an offender referred to in this section.
(2)  An offender who, without reasonable excuse, refuses or fails—
	(a)	to comply with a treatment order;
	(b) 	to inform the person in charge of the approved treatment centre attended by the offender pursuant to such an order of any change in the offender’s address;
	(c)	to appear before a panel convened under section 142, 143 or 144 as required by a notice issued in accordance with subsection 146 (1); or
	(d)	where, under subsection 145 (3), a panel convened under section 142, 143 or 144 requires the offender to attend an approved treatment centre for assessment—to appear at the centre in accordance with the notice given under subsection 145 (4);
is guilty of an offence and shall be dealt with in accordance with this section.
(3)  Where an information is laid before the court that an offender has committed an offence under subsection (2), the court may—
	(a)	issue a summons requiring the offender to appear, at a time and date to be fixed, before the court and to show cause why the offender should not be dealt with by the court under this section; or
	(b)	if the information is laid on oath—issue a warrant for the arrest of the person to be brought before the court to be dealt with under this section.
(4)  If the offender fails to appear before a court in answer to a summons issued in accordance with subsection (3), the court shall adjourn the proceedings and may issue a warrant for the apprehension of the offender and for the offender to be brought before that court.
(5)  The court may, with the consent of an offender who appears or is brought before a court pursuant to this section, make an order that the offender submit himself or herself for assessment by a panel.
(6)  Where a court makes an order under subsection (5) in relation to an offender, the proper officer of the court shall cause a copy of the order to be given to the General Manager.
(7)  Where an offender appears or is brought before a court pursuant to this section, and the court is satisfied that the offender has committed an offence under subsection (2), the court may make an order—
	(a)	in accordance with the recommendation of a panel, where the offender and the person in charge of the relevant approved treatment centre consent—
	(i)	extending the period during which the relevant treatment order is to remain in force, or otherwise varying the conditions of that order; or
	(ii)	revoking the order referred to in subsection (1);
	(b)	imposing on the offender any penalty which the court would, if the offender had then been convicted of the original offence committed by the offender, then have been empowered to impose; or
	(c)	that any security under a recognisance given by the offender pursuant to any order in relation to the original offence committed by the offender be forfeited.
(8)  Where—
	(a)	an offender appears or is brought before a court pursuant to this section; and
	(b)	the court is satisfied that the offender has committed an offence under subsection (2), but is of the opinion that an order should not be made under subsection (7);
the court may decline to make such an order and instead admonish the offender in respect of that offence.
(9)  In making an order under subsection (7), or in declining under subsection (8) to make such an order, a court shall have regard to—
	(a)	the length of the period of compliance with the relevant treatment order; and
	(b)	any other orders made in relation to the original offence committed by the offender.
Further offences
125.  (1)  Where, after a treatment order has been made by a court in respect of an offender, the offender is—
	(a)	convicted by the Supreme Court of an offence of the type referred to in subsection 122 (1); or
	(b)	is committed to the Supreme Court pursuant to paragraph (3) (b);
the Supreme Court may deal with the offender in relation to that order in like manner as the first-mentioned court could deal with him or her under section 124 if he or she had committed an offence under subsection 124 (2).
(2)  The powers of the Supreme Court under subsection (1) are in addition to its powers to deal with the offender in relation to the offender’s later offence referred to in paragraph (1) (a).
(3)  Where, after a treatment order has been made in respect of an offender, the offender is convicted by the Magistrates Court of an offence of the type referred to in subsection 122 (1), then, in addition to dealing with the offender in relation to that offence, the court—
	(a)	may, if the order was made by that court, deal with the offender in the like manner as it could deal with him or her under section 124 if he or she had committed an offence under subsection 124 (2) in relation to the order; or
	(b)	shall, if the order was made by the Supreme Court, commit the offender to the Supreme Court to be dealt with in accordance with subsection (1).
(4)  Where, pursuant to paragraph (3) (b), the Magistrates Court commits an offender to the Supreme Court, the Magistrates Court may admit him or her to bail on such recognisance as it thinks fit, on condition that he or she appears before the Supreme Court at a time and place to be fixed to be dealt with by the Supreme Court in accordance with subsection (1), or may direct that he or she be kept in such custody as the Magistrates Court directs until he or she can be brought before the Supreme Court.
Apprehension of offender about to leave Territory
126.  (1)  Where a Magistrate, or a Judge of the Supreme Court, is satisfied by information on oath that there are reasonable grounds for believing that an offender is about to leave the Territory with the intention of avoiding any of the requirements of an order under this Division, the Magistrate or Judge may issue a warrant for the apprehension of the offender and for the offender to be brought before the Magistrates Court or the Supreme Court, as the case may be.
(2)  A warrant under subsection (1) shall—
	(a)	be in writing signed by the Magistrate or Judge issuing it;
	(b) 	be directed to all police officers or to a named police officer; and
	(c)	state shortly the matters of the information on which it is founded.
(3)  A person who has been apprehended pursuant to a warrant issued under this section shall be brought before the Magistrates Court, or the Supreme Court, as the case may be, as soon as practicable after he or she is taken into custody.
Power of court where offender about to leave Territory
127.  (1)  Where a court is satisfied that an offender brought before it pursuant to section 126 is about to leave the Territory with the intention of avoiding any of the requirements of an order under this Division, the court shall—
	(a)	if the court is the Magistrates Court and the order was made by the Supreme Court—remand the officer in custody to be brought before the Supreme Court; or
	(b)	in any other case—deal with the offender in like manner as it could deal with him or her under section 124 if he or she had committed an offence under subsection 124 (2) in relation to the order.
(2) Where an offender is brought before the Supreme Court in the circumstances referred to in paragraph (1) (a), the court may deal with the offender in like manner as it could deal with him or her under section 124 if he or she had committed an offence under subsection 124 (2) in relation to the relevant order.
Power of court where offender apprehended under this Division
128.  (1)  Where an offender is apprehended and brought before a court in accordance with this Division, otherwise than in accordance with section 126, the court has the same power to remand the offender in custody, admit the offender to bail, or order the discharge of the offender upon recognisance as it has in respect of a defendant.
(2)  Where an offender fails to comply with the condition of a recognisance entered into for the purposes of this Division, the court has the same powers as it would have if at the time the offender entered into the recognisance he or she had been a defendant.
Revocation and variation of periods of orders
129.  (1)  On the application of an offender in respect of whom a treatment order was made, or of the Service in relation to such an order, the court which made that order may—
	(a)	revoke the order; or
	(b)	with the consent of the relevant offender, vary the order by extending or reducing the period during which the order is to remain in force;
in accordance with the recommendation of a panel if, having regard to the circumstances which have arisen since the order was made, it appears to the court to be in the interests of justice to do so.
(2) Where, under subsection (1), a court revokes an order, the court may make such other order in respect of the relevant offender as it thinks fit, being an order that the court would, if the offender were then before the court for sentence for the offence in respect of which the first-mentioned order was made, be empowered to make, and in making such an order the court shall have regard to—
	(a)	the length of the period or periods of compliance with the first-mentioned order; and
	(b)	any other orders made in relation to the original offence.
(3)  Where an offender applies to a court under subsection (1), the proper officer of the court shall cause a copy of the application and notice of the time and place fixed for the hearing of the application to be given to the General Manager.
(4)  The Service shall not apply to a court under subsection (1) unless a panel has recommended that a treatment order be revoked or that the period during which the order is to remain in force be reduced or extended.
(5)  Where the General Manager applies to a court under subsection (1), the General Manager shall cause to be delivered to the proper officer of the court a copy of the relevant recommendation made by a panel.
(6)  Where the Service applies to a court under subsection (1), the court shall issue a summons to the offender to appear before it on the hearing of the application and, if he or she does not appear in answer to the summons, the court shall adjourn the hearing of the application and may issue a warrant for the apprehension of the offender and for the offender to be brought before the court.
Division 3—Treatment assessment panels
Establishment
130.  (1)  The Service shall, in writing, establish such treatment assessment panels as are necessary for the purposes of this Part.
(2)  A panel shall consist of—
	(a)	a legal practitioner; and
	(b)	2 other persons, each of whom has, in the opinion of the Service, extensive knowledge of—
	(i)	the physical, psychological and social problems connected with the abuse of drugs of dependence or prohibited substances;
	(ii)	the treatment of person suffering from such problems; or
	(iii)	health education in relation to such problems.
(3)  In subsection (2), “legal practitioner” means a person whose name is on the Role of Barristers and Solicitors kept pursuant to the Legal Practitioners Act 1970.

Appointment of members
131.  (1)  The Service may, in writing signed by the Service, appoint persons to be members of panels.
(2)  A person shall be appointed as a part-time member.
(3)  The Service shall not appoint as a member a person who—
	(a)	has been convicted in Australia or elsewhere at any time within the previous 5 years of an offence punishable on conviction by imprisonment for a period of not less than 1 year; or
	(b)	is otherwise not, in the opinion of the Service based on reasonable grounds, a fit and proper person to be a member of a panel.
Tenure of office
132.  A member holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re-appointment.
Presiding member
133.  The Service shall appoint 1 member of each panel to be the presiding member of that panel.
Acting appointments
134.  (1)  The Service may, in writing, appoint a person to act as the presiding member of a panel—
	(a)	during a vacancy in the office of presiding member, whether or not an appointment has previously been made to the office; or
	(b)	during any period, or during all periods, when the presiding member is absent from duty or from the Territory or is, for any other reason, unable to perform the functions of the office;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2)  The Service may, in writing, appoint a person to act as a member—
	(a)	during a vacancy in the office of a member, whether or not an appointment has previously been made to the office; or
	(b)	during any period, or during all periods, when a member is absent from duty or from the Territory or is, for any other reason, unable to perform the functions of the office;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(3)  The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for the appointment of the person had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.
Remuneration and allowances
135.  (1)  A member shall be paid such remuneration and allowances as are prescribed.
(2)  Subsection (1) does not apply—
	(a)	in relation to remuneration—if there is a subsisting determination relating to the remuneration to be paid to the member; or
	(b)	in relation to an allowance of a particular kind—if there is a subsisting determination relating to an allowance of that kind to be paid to the member.
(3)  In subsection (2), “determination” means a determination of the Remuneration Tribunal.
Resignation
136.  A member may resign his or her office by writing signed by the member and delivered to the General Manager.
Suspension
137.  If, in the opinion of the Service, based on reasonable grounds, circumstances exist which may lead to the termination of a member’s appointment, the Service may, by notice in writing to the member, suspend the appointment until—
	(a)	the appointment is terminated pursuant to section 138; or
	(b)	the Service is satisfied on reasonable grounds that the appointment should not be terminated in those circumstances.
Termination of appointment
138.  The Service shall terminate the appointment of a member—
	(a)	if the member is appointed in his or her capacity as a legal practitioner, and the member ceases to be a legal practitioner within the meaning of subsection 130 (3);
	(b)	for physical or mental incapacity;
	(c)	for misbehaviour;
	(d)	if, on 3 consecutive occasions, on notice from the presiding member of the panel to which the member was appointed, the member fails, without leave granted by the Service, to make himself or herself available for a proposed meeting of the panel;
	(e)	the member is convicted, in Australia or elsewhere, of an offence punishable on conviction by imprisonment for a period of not less than 1 year; or
	(f)	the Service becomes aware that the member has been convicted in Australia or elsewhere, at any time in the 5 years previous to the member’s appointment, of an offence punishable on conviction by imprisonment for a period of not less than 1 year.
Meetings of panels
139.  (1)  The presiding member of a panel shall convene such meetings of the panel as are necessary for the efficient performance of its functions.
(2)  A panel shall not meet in the absence of any member.
(3)  A meeting of a panel shall be conducted in private, in the presence of—
	(a)	if required or allowed by the panel—the relevant offender;
	(b)	while the offender is present—a person, if any, nominated by the offender whose presence is agreed to by the panel; and
	(c)	any other person requested by the panel to be present.
(4)  Where an offender is required to be present at a meeting of a panel, the panel shall, at the request of the offender, exclude any other person from the meeting except any person whose presence is considered by the panel to be necessary for the safety of the members of the panel and any other persons present.
(5)  The panel shall, at the request of the relevant offender, allow the offender to be present at a meeting of the panel while any other person is present.
(6)  At a meeting of a panel—
	(a)	the procedure shall be as determined by the panel;
	(b)	all questions shall be decided by a majority of votes; and
	(c)	the presiding member has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(7)  An offender who appears before a panel is not entitled to be represented by another person before the panel.
(8)  A panel shall keep a record of its meetings.
General powers of panels
140.  For the purposes of performing its functions under this Division, a panel—
	(a)	may make such enquiries as it considers desirable;
	(b)	may, with the consent of the relevant offender, obtain and consider medical reports about him or her; and
	(c)	shall have regard to any information supplied to it orally or in writing by the offender, a police officer, a person in charge of an approved treatment centre, or the responsible officer.
Referral for initial assessment
141.  (1)  Upon receipt of a copy of an assessment order, the General Manager shall refer the matter to a panel.
(2)  A panel to which a matter is referred under subsection (1) shall assess—
	(a)	whether the relevant offender is a drug dependent person in relation to any drug of dependence;
	(b)	whether any treatment for such dependence would be suitable for the offender; and
	(c)	the type, geographical location and duration of any such treatment that would, accordingly, be desirable.
(3)  A panel shall, in accordance with Form 7, notify the General Manager and the offender of an assessment made under subsection (2) and the reasons for the assessment and, in particular—
	(a)	whether the panel recommends that the offender undergo any treatment at an approved treatment centre; and
	(b)	if the panel so recommends—of the frequency with which the offender should be required to appear before the panel to enable the panel to monitor the progress of such treatment.
(4)  Where a panel has received a notice under section 145 of an approved treatment centre’s assessment of the offender, the presiding member shall, for the purpose of notifying the General Manager and the offender, attach that notice to the notice issued pursuant to subsection (3).
(5)  Where the General Manager has received a notice under subsection (3) in relation to an offender, the General Manager shall—
	(a)	sign the notice; and
	(b)	cause that notice, together with any notice under section 145, to be delivered to the proper officer of the court which made the relevant assessment order, and to the responsible officer.
Referral for the variation of treatment
142.  (1)  A person who is—
	(a)	an offender attending an approved treatment centre pursuant to a treatment order; or
	(b)	in charge of the approved treatment centre which such an offender is attending;
may apply to the Service for consideration of a variation in the treatment being undergone by the relevant offender, not being a variation in the period of the treatment, to be referred to a panel.
(2)  An application under subsection (1) shall be in writing signed by the applicant, and shall specify the variation sought.
(3)  Where the Service—
	(a)	receives an application in accordance with this section; or
	(b)	considers it necessary to do so;
the General Manager shall refer the matter to a panel for the purposes of this section.
(4)  A panel shall, by instrument signed by the presiding member stating the reasons for the decision—
	(a)	in the terms sought by the applicant or, in the case referred to in paragraph (3) (b), the Service—direct that any treatment being undergone by an offender be varied in a specified manner; or
	(b)	refuse to make the direction sought.
(5)  A panel may only make a direction referred to in paragraph (4) (a) with the consent of—
	(a)	the offender; and
	(b)	except where the panel directs that the offender attend another approved treatment centre for treatment—the person in charge of the approved treatment centre the offender is currently attending.
(6)  The presiding member of a panel shall cause a copy of the instrument made pursuant to subsection (4), together with a copy of any notice under section 145 of an approved treatment centre’s assessment of the offender, to be given to the offender, the General Manager, the responsible officer, a police officer, and—
	(a)	if the panel directs that the offender attend another approved treatment centre for treatment—the proper officer of the court which made the relevant treatment order and the person in charge of that other centre; or
	(b)	in any other case—the person in charge of the approved treatment centre the offender is currently attending.
Referral for periodic review of treatment
143.  (1)  Where the conditions of a treatment order require the attendance of an offender before a panel to review the treatment being undergone by the offender, the General Manager shall refer the matter to a panel for that purpose.
(2)  A panel shall, by instrument signed by the presiding member stating the reasons for the decision—
	(a)	direct that any treatment being undergone by the offender be varied in a specified manner, but not so as to extend or reduce the period of treatment;
	(b)	recommend that the period of the treatment be extended or reduced by a period specified in the instrument, or that the order be revoked; or
	(c)	recommend that no action be taken in relation to the treatment or the order.
(3)  The presiding member of a panel shall cause a copy of the instrument made pursuant to subsection (2), together with a copy of any notice under section 145 of an approved treatment centre’s assessment of the offender, to be given to the offender, the responsible officer, a police officer, and—
	(a)	if the panel directs that the offender attend another approved treatment centre for treatment—the General Manager, the proper officer of the court which made the relevant treatment order and the person in charge of that other centre;
	(b)	if the panel does not direct that the offender attend another approved treatment centre for treatment—the person in charge of the approved treatment centre the offender is currently attending; and
	(c)	in the case of a recommendation referred to in paragraph (2) (b)—the General Manager.
(4)  A panel may only make a direction referred to in paragraph (2) (a) with the consent of—
	(a)	the relevant offender; and
	(b)	if the panel does not direct that the offender attend another approved treatment centre for treatment—the person in charge of the approved treatment centre the offender is currently attending.
(5)  Where a panel makes a recommendation referred to in paragraph (2) (b), the Service shall apply under section 129 to the relevant court for an order in terms of that recommendation.
Referral for other purposes
144.  (1)  The General Manager shall refer a matter to a panel—
	(a)	upon receipt of a copy of a court order under subsection 124 (5);
	(b)	upon receipt of a copy of an offender’s application for a court order under section 129;
	(c)	upon receipt of an application by the person in charge of an approved treatment centre which an offender is attending for treatment pursuant to a treatment order; or
	(d)	as the Service considers necessary;
for the purposes of this section.
(2)  An application referred to in paragraph (1) (c) by the person in charge of an approved treatment centre shall be in writing signed by that person, and shall specify the recommendation of the panel sought.
(3)  A panel shall, by instrument signed by the presiding member stating the reasons for the decision, recommend, in relation to treatment being undergone by an offender pursuant to a treatment order—
	(a)	that the period of the treatment be extended or reduced by a period specified in the instrument, or that the order be revoked;
	(b)	in the case referred to in paragraph (1) (a)—that the treatment be otherwise varied in the manner specified in the instrument; or
	(c)	that no action be taken in relation to that treatment or the order.
(4)  Where a matter is referred to a panel in the circumstances referred to in paragraph (1) (b), (c) or (d), it shall only make a recommendation referred to in paragraph (3) (a) or (b) in accordance with the terms sought by—
	(a)	in the case referred to in paragraph (1) (b)—the offender;
	(b)	in the case referred to in paragraph (1) (c)—the person in charge of the relevant approved treatment centre; or
	(c)	in the case referred to in paragraph (1) (d)—the Service.
(5)  The presiding member of a panel shall cause a copy of the instrument made pursuant to subsection (3), together with a copy of any notice under section 145 of an approved treatment centre’s assessment of the offender, to be given to the offender, the General Manager, the responsible officer, a police officer, and—
	(a)	in the case referred to in paragraph (1) (a) or (b)—the proper officer of the relevant court;
	(b)	if the panel recommends that the offender attend another approved treatment centre for treatment—the person in charge of that centre; and
	(c)	if the panel does not recommend that the offender attend another approved treatment centre for treatment—the person in charge of the approved treatment centre the offender is currently attending.
(6)  Where a matter is referred to a panel in the circumstances referred to in paragraph (1) (c) or (d), and the panel makes a recommendation referred to in paragraph (3) (a), the Service shall apply under section 129 to the relevant court for an order in terms of that recommendation.
Assessment by treatment centres
145.  (1)  A panel shall not recommend that an offender undergo treatment at an approved treatment centre which the offender is not currently attending pursuant to a treatment order unless a notice of assessment has been issued in accordance with subsection (5) from the centre recommending treatment, being treatment which is available at the centre and is suitable for the offender.
(2)  A panel may, by notice in writing to the person in charge of an approved treatment centre, require that person to cause to be issued to the presiding member of the panel a notice of the centre’s assessment of an offender within the period specified in the first-mentioned notice.
(3)  Where a panel has issued a notice under subsection (2) to a person in charge of an approved treatment centre, at the request of that person the presiding member of the panel shall require the relevant offender to attend the centre for assessment at the date and time nominated by that person.
(4)  Where the presiding member of a panel requires an offender to attend an approved treatment centre, the presiding member shall give the offender written notice of—
	(a)	the name and address of the centre; and
	(b)	the date and time nominated for the offender to attend the centre.
(5)  A notice of assessment from an approved treatment centre shall be—
	(a)	issued by an officer of the centre authorised for the purpose by the person in charge of the centre; and
	(b)	in accordance with Form 8.
(6)  If a notice of assessment from an approved treatment centre is not given to the presiding member of a panel within the period required under subsection (2), the presiding member shall report in writing accordingly to the General Manager.
Attendance for assessment before panels and at treatment centres
146.  (1)  Where a matter in relation to an offender is referred to a panel under this Division, the presiding member of the panel may give written notice to the offender requiring the offender to appear before the panel at the place, date and time fixed for the meeting and specified in the notice.
(2)  Where an offender fails, without reasonable excuse, to appear before a panel as required by a notice given in accordance with subsection (1), the presiding member of the panel shall inform the General Manager accordingly in writing.
(3)  Where, under subsection 145 (3), a panel requires an offender to attend an approved treatment centre for assessment, and the offender fails, without reasonable excuse, to appear at the centre in accordance with the notice given under subsection 145 (4), the person in charge of the centre shall inform that presiding member and the General Manager accordingly in writing.
(4)  Where the General Manager is informed pursuant to this section of the failure of an offender to appear before a panel, or at an approved treatment centre, the General Manager shall accordingly—
	(a)	orally inform a police officer immediately; and
	(b)	in writing, inform the proper officer of the court—
	(i)	in the case of a matter referred to a panel under subsection 141 (1)—which made the relevant assessment order in relation to the offender; or
	(ii)	in any other case—which made the relevant treatment order in relation to the offender.
Treatment centre reports
147.  Where an offender attends treatment at an approved treatment centre for treatment pursuant to treatment order made by a court, the person in charge of the centre shall—
	(a)	report to the proper officer of that court—
	(i)	immediately upon the occurrence of any breach of that order; and
	(ii)	on the termination of that treatment;
	(b)	send a copy of the reports referred to in paragraph (a) to the presiding member of the panel that made the assessment in relation to that offender and to the responsible officer; and
	(c)	where required under the terms of the treatment order—at times specified in that order, report to the panel that made the relevant assessment in relation to that offender about the progress of the offender in undergoing that treatment.
Division 4—Approval of treatment centres
Interpretation
148.  In this Division, unless the contrary intention appears—
“approval” means an approval granted under this Division to conduct a treatment centre;
“approval holder” means a person to whom an approval is granted.
Approval—application
149.  (1)  A person who proposes to conduct a treatment centre may apply to the Service for an approval.
(2)  An application for an approval shall—
	(a)	be in writing signed by the applicant;
	(b)	specify—
	(i)	the full name and address of the applicant;
	(ii)	if the applicant is a company—the full name and address of each director, and the secretary, of the company;
	(iii)	if the applicant is an incorporated association within the meaning of the Associations Incorporation Act 1953—the full name and address of the public officer of the association;
	(iv)	if the applicant is a body established under an Ordinance or Act—the full name and address of any person with overall responsibility for the conduct of that body;
	(v)	the proposed name and address of the treatment centre;
	(vi)	the security arrangements which would be implemented at the premises of the treatment centre;
	(vii)	the name, address, qualifications and experience of any person who is to supervise the treatment to be conducted at the proposed treatment centre; and
	(viii)	the treatment to be conducted at the proposed treatment centre;
and whether it includes the administration of methadone to persons attending the centre for treatment; and
	(c)	be accompanied by the determined fee.
Approval—grant
150.  (1)  Where, on an application in accordance with section 149, the Service is satisfied that—
	(a)	the applicant and, if the applicant is—
	(i)	a company—each director, and the secretary of the company;
	(ii)	an incorporated association—the public officer of the association;
	(iii)	a body established under an Ordinance or Act—any person with overall responsibility for the conduct of that body;
is a fit and proper person to conduct a treatment centre of the type, and at the premises, specified in the application;
	(b)	any person who is to supervise the treatment to be conducted at the proposed treatment centre—
	(i)	has training or experience appropriate to the supervision of; and
	(ii)	is a fit and proper person to supervise;
treatment of the type specified in the application;
	(c)	the treatment to be conducted at the proposed treatment centre is suitable for persons such as those likely to be referred to the centre under this Act, or those likely to be voluntary participants in that treatment; and
	(d)	the premises specified in the application are fit and proper premises for the conduct of a treatment centre of the type specified in the application;
the Service shall grant an approval to the applicant to conduct a treatment centre of the type specified in the application at the premises specified in the application.
(2)  An approval shall specify—
	(a)	the full name and address—
	(i)	of the approval holder;
	(ii)	if the approval holder is a company—of each director, and of the secretary, of the company;
	(iii)	if the approval holder is an incorporated association—of the public officer of the association; and
	(iv)	if the approval holder is a body established under an Ordinance or Act—the full name and address of any person with overall responsibility for the conduct of that body;
	(b)	the name of any person who is to supervise the treatment to be conducted at the treatment centre;
	(c)	the name and address of the approved treatment centre;
	(d)	the conditions (if any) to which the approval is subject;
	(e)	whether, and in what circumstances, the administration of methadone to persons attending the centre for treatment is permitted;
	(f)	the period for which the approval is granted; and
	(g)	such other particulars (if any) as are prescribed.
Approval—conditions
151.  The conditions that may be specified in an approval shall include, but shall not be limited to, conditions—
	(a)	relating to the administration of methadone to persons attending the treatment centre for treatment;
	(b)	that the approval holder provide a report to the General Manager on or before 30 September of each year during which the centre operates, and within 4 weeks after the centre ceases to operate, which shall include details of—
	(i)	the number and qualifications of staff;
	(ii)	the number of persons receiving treatment as residents, and as out-patients;
	(iii)	the length and nature of the treatment being conducted; and
	(iv)	the types of drug dependence being treated at the centre;
over the period of 12 months (or part of such period in the first and last year of operation of the centre) prior to 30 June of each year in which the centre operates; and
	(v)	any other information which the General Manager believes on reasonable grounds to be relevant to the conduct of the centre, and which is specified in a written notice given to the approval holder by the General Manager before 31 July in the year in which the report is made; and
	(c)	that the approval holder provide assessment reports in the manner, and within the time, required under section 145.
Approval—variation and revocation of conditions
152.  (1)  On application in writing made by an approval holder, the Service may, if it believes on reasonable grounds that it is in the interests of patients or residents at the treatment centre to which the application relates, in writing—
	(a)	vary, in a specified manner, a condition to which the approval is subject;
	(b)	revoke a condition to which the approval is subject; or
	(c)	make the approval subject to a specified condition.
(2)  Where the Service believes on reasonable grounds that, in the interests of patients or residents at an approved treatment centre—
	(a)	a condition to which the approval is subject should be varied or revoked; or
	(b)	the approval should be made subject to a particular condition; 
the Service may by notice in writing served on the approval holder, require the holder, within 28 days after the date of the notice, to show cause why that condition should not be varied in the manner specified in the notice or revoked or why the approval should not be made subject to that particular condition, as the case requires.
(3)  Where a notice under subsection (2) is served on an approval holder, the Service may, after the expiration of 28 days after the date of the notice, and taking into account any representation made by the approval holder—
	(a)	vary, in the manner specified in the notice, the specified condition;
	(b)	revoke the specified condition; or
	(c)	make the approval subject to the specified particular condition; 
as the case requires.
(4)  A decision of the Service under subsection (3) shall take effect on the date of the notice referred to in subsection (3) or on such later date as may be specified in the notice for that purpose.
Approval—surrender
153.  (1)  An approval holder may surrender the approval by giving written notice of surrender to the General Manager.
(2)  The surrender of an approval takes effect on the date the notice of surrender is given or on such later date as may be specified in the notice for that purpose.
Approval—cancellation
154.  (1)  Where the Service believes on reasonable grounds that—
	(a)	a requirement set out in subsection 150 (1) is no longer satisfied; or 
	(b)	an approval holder has failed to comply with a condition to which the approval is subject;
the Service may, by notice in writing served on the approval holder, require the holder, within 28 days after the date of the notice, to show cause why the approval should not be cancelled.
(2)  Where a notice under subsection (1) has been served on an approval holder, the Service may, after the expiration of the period of 28 days after the date of the notice, and taking into account any representation made by the holder, cancel the approval.
(3)  The cancellation of an approval under this section takes effect on the date the notice of cancellation is given pursuant to section 198, or on such later date as may be specified in the notice for that purpose.
Approval—emergency cancellation
155.  (1)  Notwithstanding section 154, where the Service believes on reasonable grounds that circumstances exist in relation to approved premises that give rise to an immediate risk of danger to the health or safety of patients, residents or staff at those premises, the Service may cancel the approval.
(2)  Where an approval has been cancelled under subsection (1), the person who was the holder of the approval may apply to the Service in writing for the restoration of the approval on the ground that, by reason of a specified change in circumstances that has occurred since that date of the cancellation, it is proper that the approval should be restored.

(3)  Upon an application made under subsection (2), the Service may, if satisfied on reasonable grounds that, by reason of the change in circumstances specified in the application, the approval to which the application relates should be restored, restore the approval accordingly.
Alternative arrangements on cancellation
156.  (1)  Where the Service cancels an approval, or where an approval is surrendered under section 153, the Service shall—
	(a)	make alternative arrangements for a person undergoing treatment at the treatment centre in question pursuant to a treatment order; and
	(b)	advise other persons undergoing treatment at the centre of alternative places where that treatment may be continued.
(2)  Where the General Manager makes alternative arrangements for a person referred to in paragraph (1) (a), the General Manager shall accordingly advise—
	(a)	the panel that made the assessment in relation to that person;
	(b)	the responsible officer;
	(c)	a police officer; and
	(d)	the proper officer of the court that made the relevant treatment order.
Approval—duration
157.  An approval shall remain in force, unless sooner surrendered or cancelled, for a period of 12 months commencing on the date on which the approval was granted.
Approval—renewal
158.  (1)  An approval holder may, before the expiration of the term of the approval, apply to the Service for its renewal.
(2)  An application for the renewal of an approval shall be in writing and shall be lodged with the General Manager.
(3)  On application for the renewal of an approval, the Service shall renew the approval for a further period of 12 months, commencing on the day immediately following the day on which, but for its renewal, the approval would have expired.
Return of approval to General Manager
159.  Upon ceasing to be an approval holder, a person shall not, without reasonable excuse, fail to return the approval to the General Manager.
Penalty:  $2,000.
part x—offences
Interpretation
160.  (1)  In this Part, unless the contrary intention appears—
“commercial quantity” in relation to—
	(a)	a drug of dependence, means a quantity not less than the quantity specified in column 3 of Schedule 1 opposite the reference to that drug in column 1 of that Schedule; and
	(b)	a prohibited substance, means a quantity not less than the quantity specified in column 3 of Schedule 2 opposite the reference to that substance in column 1 of that Schedule;
“exempt person” means—
	(a)	the holder of a manufacturer’s licence or a wholesaler’s licence that authorises the holder to possess a drug of dependence;
	(b)	a person authorised under or by a reason of section 54 to deliver a quantity of a drug of dependence who is in the course of delivering that quantity;
	(c)	a person who is—
	(i)	a medical practitioner, intern, pharmacist or nurse;
	(ii)	a student nurse who has completed the pharmacology units of his or her nursing studies; or
	(iii)	an enrolled nurse who has completed a course on the use of drugs of dependence, which course is approved for the purpose of this section by the General Manager;
who possesses a quantity of a drug of dependence in the course of his or her professional practice, or his or her employment or training, as the case may be, for the treatment of a person’s mental or physical condition;
	(d)	a dentist who possesses a quantity of cocaine, pethidine or pentazocine for the treatment of a person’s dental condition in the course of the dentist’s professional practice;
	(e)	a veterinary surgeon who possesses a quantity of a drug of dependence for the treatment of an animal’s  condition in the course of the veterinary surgeon’s professional practice;
	(f)	a person who is, in accordance with accepted professional practice, acting under the supervision of a person referred to in paragraph (c), (d) or (e) in possessing a quantity of a drug of dependence;
	(g)	a person who is authorised under Part IV, Division 1 to possess a quantity of a drug of dependence for the purpose of a program of research or education;
	(h)	a person authorised under Part IV, Division 2 to have control of a first-aid kit containing a quantity of a drug of dependence; or
	(i)	a drug inspector, in respect of samples of a drug of dependence taken under section 178;
	(j)	a police officer, analyst or officer of a court acting in the course of his or her official duties;
	(k)	a person authorised under section 200 to possess a quantity of a drug of dependence; or
	(m)	a person otherwise authorised under any law in force in the Territory to possess a quantity of a drug of dependence;
“manufacturer’s licence” includes a licence granted under section 9 of the Narcotic Drugs Act 1967 of the Commonwealth;
“premises” includes vacant land;
“traffickable quantity” in relation to—
	(a)	a drug of dependence, means a quantity not less than the quantity specified in column 2 of Schedule 1 opposite the reference to that drug in column 1 of that Schedule; and
	(b)	a prohibited substance, means a quantity not less than the quantity specified in column 2 of Schedule 2 opposite the reference to that substance in column 1 of that Schedule.
(2)  For the purposes of this Part, an exempt person shall be taken to be exempt in relation to the quantity of the drug of dependence referred to in the relevant paragraph of the definition of “exempt person” in subsection (1).
Manufacture
161.  (1)  A person shall not manufacture, or participate in the manufacture of, a drug of dependence.
Penalty:  $20,000 or imprisonment for 10 years, or both.
(2)  A person shall not manufacture, or participate in the manufacture of, a prohibited substance.
Penalty:  $20,000 or imprisonment for 10 years, or both.
(3)  Subsection (1) does not apply to—
	(a)	the holder of a manufacturer’s licence where the licence authorises the manufacture of the drug in question;
	(b)	a pharmacist who manufactures the drug in question at a dispensary in the course of his or her professional practice;
	(c)	a person authorised under Part IV, Division 1 to manufacture the quantity in question of the relevant drug; or
	(d)	a person who participates in the manufacture of a drug of dependence, where the person has reasonable grounds for believing that—
	(i)	that manufacture is carried out by a person referred to in paragraph (a), (b) or (c); and
	(ii)	subsection (1) does not apply to the last-mentioned person in relation to that manufacture.
(4)  Without limiting the generality of this section, a person shall, for the purposes of this section, be taken to participate in the manufacture of a drug of dependence or prohibited substance, if the person—
	(a)	participates in any step or process, or causes or permits any step or process to be undertaken, in the course of that manufacture;
	(b)	provides finance, or arranges for the provision of finance, for such a step or process; or
	(c)	being an owner, occupier or lessee of any premises, or concerned in the management of any premises, causes or permits those premises to be used for such a step or process.
Cultivation of prohibited plants
162.  (1)  In this section—
“cultivate”, in relation to a prohibited plant, includes plant, sow, scatter the seed produced by, grow, nurture, tend or harvest;
“prohibited plant” means a plant specified in Schedule 5.
(2)  A person shall not cultivate, or participate in the cultivation of, a prohibited plant.
Penalty:
	(a)	where not more than 5 cannabis plants are cultivated—$100; or 
	(b)	in any other case—$5,000 or imprisonment for 2 years, or both.
(3)  A person shall not cultivate, or participate in the cultivation of, a prohibited plant for the purpose of sale or supply.
Penalty:
	(a)	where more than 1,000 prohibited plants are cultivated—imprisonment for life;
	(b)	where more than 20 but not more than 1,000 prohibited plants are cultivated—
	(i)	in the case of cannabis plants—$20,000 or imprisonment for 10 years, or both; or
	(ii)	in any other case $100,000 or imprisonment for 25 years, or both;
	(c)	where more than 5 but not more than 20 prohibited plants are cultivated—
	(i)	in the case of cannabis plants—$10,000 or imprisonment for 5 years, or both; or
	(ii)	in any other case $20,000 or imprisonment for 10 years, or both; or
	(d)	where not more than 5 prohibited plants are cultivated—
	(i)	in the case of cannabis plants—$5,000 or imprisonment for 2 years, or both; or
	(ii)	in any other case—$10,000 or imprisonment for 5 years, or both.
(4)  Without limiting the generality of subsection (2) or (3), a person shall, for the purposes of whichever of those subsections is applicable, be taken to participate in the cultivation of a prohibited plant or prohibited plants if the person—
	(a)	participates in any step or process, or causes or permits any step or process to be undertaken, in the course of that cultivation;
	(b)	provides finance, or arranges for the provision of finance, for such a step or process; or
	(c)	being an owner, lessee or occupier of any premises, or concerned in the management of any premises, causes or permits those premises to be used for such a step or process.
(5)  For the purposes of this section, where a person cultivates, or participates in the cultivation of, more than 5 prohibited plants, it shall be presumed that the cultivation is for the purpose of sale or supply, but that presumption is rebuttable.
Wholesale
163.  (1)  A person shall not conduct, or participate in the conduct of, a business consisting wholly or partly of selling by wholesale a drug of dependence.
Penalty:  $20,000 or imprisonment for 10 years, or both.
(2)  A person shall not conduct, or participate in the conduct of, a business consisting wholly or partly of selling by wholesale a prohibited substance.
Penalty:  $20,000 or imprisonment for 10 years, or both.
(3)  Subsection (1) does not apply to—
	(a)	the holder of a manufacturer’s licence or a wholesaler’s licence where the licence authorises the sale by wholesale of the drug in question; or
	(b)	a person who participates in the sale by wholesale of a drug of dependence, where the person has reasonable grounds for believing that—
	(i)	that sale is carried out by a person referred to in paragraph (a); and
	(ii)	subsection (1) does not apply to the last-mentioned person in relation to that sale.
(4)  Without limiting the generality of this section, a person shall, for the purposes of this section, be taken to participate in the conduct of a business consisting wholly or partly of selling by wholesale a drug of dependence or a prohibited substance if the person—
	(a)	participates in any aspect of such a business;
	(b)	provides finance, or arranges for the provision of finance, for such a business; or
	(c)	being an owner, occupier or lessee of any premises, or concerned in the management of any premises, causes or permits those premises to be used for such a business.
Sale or supply
164.  (1)  In this section, “prohibited substance” does not include cannabis.
(2)  A person shall not—
	(a)	sell or supply a drug of dependence to any person;
	(b)	participate in the sale or supply of a drug of dependence to any person; or
	(c)	possess a drug of dependence for the purpose of sale or supply to any person.
Penalty:
	(a)	where the quantity of the drug to which the offence relates is a commercial quantity—imprisonment for life;
	(b)	where the quantity of the drug to which the offence relates is a traffickable quantity but not a commercial quantity—$100,000 or imprisonment for 25 years, or both;
	(c)	where the quantity of the drug to which the offence relates is less than a traffickable quantity, and is sold or supplied to a person who has not attained the age of 18 years—$100,000 or imprisonment for 25 years, or both; and
	(d)	in any other case—$10,000 or imprisonment for 5 years, or both.
(3)  A person shall not—
	(a)	sell or supply a prohibited substance to any person;
	(b)	participate in the sale or supply of a prohibited substance to any person; or
	(c)	possess a prohibited substance for the purpose of sale or supply to any person.
Penalty:
	(a)	where the quantity of the substance to which the offence relates is a commercial quantity—imprisonment for life;
	(b)	where the quantity of the substance to which the offence relates is a traffickable quantity but not a commercial quantity—$100,000 or imprisonment for 25 years, or both;
	(c)	where the quantity of the substance to which the offence relates is less than a traffickable quantity, and is sold or supplied to a person who has not attained the age of 18 years—$100,000 or imprisonment for 25 years, or both; and
	(d)	in any other case—$10,000 or imprisonment for 5 years, or both.
(4)  Subsection (2) does not apply in relation to—
	(a)	the holder of a manufacturer’s licence or a wholesaler’s licence where the licence authorises the sale or supply, or the possession for the purpose of sale or supply, of the relevant drug;
	(b)	a medical practitioner, intern, veterinary surgeon or pharmacist who sells or supplies the relevant drug in the course of his or her professional practice or employment for the treatment of a person’s mental or physical condition or, in the case of a veterinary surgeon, for the treatment of an animal’s condition, or who possesses the drug for the purpose of such sale or supply;
	(c)	a dentist who sells to a person a quantity of cocaine, pethidine or pentazocine which is administered by the dentist to that person or the person’s child or ward for the treatment of a dental condition of that person, child or ward, as the case may be, in the course of the dentist’s professional practice, or who possesses a quantity of such a drug for the purposes of such sale and administration;
	(d)	a person who is, in accordance with accepted professional, employment or training practice, acting under the supervision of a medical practitioner, intern, veterinary surgeon or pharmacist referred to in paragraph (b);
	(e)	the supply of a quantity of the relevant drug by a person who is authorised under Part IV, Division 1 to supply that quantity for the purposes of a program of research or education, or the possession of such a quantity for the purpose of such supply; or
	(f)	the supply of the relevant drug by a person who is authorised under Part IV, Division 2 to have control of a first-aid kit containing that drug where the person believes that the supply was necessary for the emergency treatment of a mental or physical condition suffered by the person to whom the drug was supplied, or the possession of the drug for the purpose of such supply.
(5)  Subsection (3) does not apply in relation to the supply of a quantity of the relevant prohibited substance by a person who is authorised under Part IV, Division 1 to supply that quantity for the purposes of a program of research or education, or in relation to the possession of such a quantity for the purpose of such supply.
(6)  Paragraph (a), (b) or (c) of the penalty for an offence against subsection (2) does not apply in relation to a person who has been convicted on indictment of an offence against that subsection unless it is alleged in the indictment, and it is proved beyond reasonable doubt, that the quantity of the drug to which the offence relates was—
	(a)	 in the case of paragraph (a)—a commercial quantity;
	(b)	in the case of paragraph (b)—a traffickable quantity; or
	(c)	in the case of paragraph (c)—sold or supplied, or possessed for the purpose of sale or supply, to a person who has not attained the age of 18 years.
(7)  Paragraph (a), (b) or (c) of the penalty for an offence against subsection (3) does not apply in relation to a person who has been convicted on indictment of an offence against that subsection unless it is alleged in the indictment, and it is proved beyond reasonable doubt, that the quantity of the substance to which the offence relates was—
	(a)	in the case of paragraph (a)—a commercial quantity;
	(b)	in the case of paragraph (b)—a traffickable quantity; or
	(c)	in the case of paragraph (c)—sold or supplied, or possessed for the purpose of sale or supply, to a person who has not attained the age of 18 years.
(8)  For the purposes of this section, where a person has more than the traffickable quantity of a drug of dependence or a prohibited substance in his or her possession, it shall be presumed that the possession is for the purpose of sale or supply to another person, but that presumption is rebuttable.
(9)  Without limiting the generality of subsection (2) or (3), a person shall, for the purposes of whichever of those subsections is applicable, be taken to participate in the sale or supply of a drug of dependence or a prohibited substance if the person—
	(a)	participates in any aspect of such sale or supply; or
	(b)	being an owner, occupier or lessee of any premises, or concerned in the management of any premises, causes or permits those premises to be used for such as sale or supply.
Sale or supply—cannabis
165.  (1)  A person shall not—
	(a)	sell or supply cannabis to any person;
	(b)	participate in the sale or supply of cannabis to any person; or
	(c)	possess cannabis for the purpose of sale or supply to any person.
Penalty:
	(a)	where the quantity of cannabis to which the offence relates is a commercial quantity—imprisonment for life;
	(b)	where the quantity of cannabis to which the offence relates is a traffickable quantity but not a commercial quantity—$20,000 or imprisonment for 10 years, or both;
	(c)	where the quantity of cannabis to which the offence relates is less than a traffickable quantity, and is sold or supplied  to a person who has not attained the age of 18 years—$10,000 or imprisonment for 5 years, or both; and
	(d)	in any other case—$5,000 or imprisonment for 2 years, or both.
(2)  Subsection (1) does not apply in relation to the supply of a quantity of cannabis by a person who is authorised under Part IV, Division 1 to supply that quantity for the purposes of a program of research or education, or the possession of such a quantity for the purpose of such supply.
(3)  Without limiting the generality of subsection (1), a person shall, for the purposes of that subsection, be taken to participate in the sale or supply of cannabis to a person if the first-mentioned person—
	(a)	participates in any aspect of such sale or supply; or
	(b)	being an owner, occupier or lessee of any premises or concerned in the management of any premises, causes or permits those premises to be used for the sale or supply of cannabis to any person.
(4)  Paragraph (a), (b) or (c) of the penalty for an offence against subsection (1) does not apply in relation to a person who has been convicted on indictment of an offence against that subsection unless it is alleged in the indictment, and it is proven beyond reasonable doubt, that the quantity of cannabis to which the offence relates was—
	(a)	in the case of paragraph (a)—a commercial quantity;
	(b)	in the case of paragraph (b)—a traffickable quantity; or
	(c)	in the case of paragraph (c)—sold or supplied, or possessed for the purpose of sale or supply, to a person who has not attained the age of 18 years.
(5)  For the purposes of this section, where a person has more than a traffickable quantity of cannabis in his or her possession, it shall be presumed that the possession is for the purpose of sale or supply to another person, but that presumption is rebuttable.
Advertising drugs or prohibited substances
166.  (1)  A person shall not publish or display, or cause or permit to be published or displayed, an advertisement that—
	(a)	promotes or encourages the use of a drug of dependence or prohibited substance; or
	(b)	indicates that the person, or any other person, is willing or authorised to sell or supply a drug of dependence or prohibited substance.
Penalty:  $5,000 or imprisonment for 2 years, or both.
(2)  For the purposes of subsection (1), the reference to an advertisement shall be read as including a reference to every form of advertisement whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, showcards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or films, or in any other way, but does not include an advertisement in a magazine, journal, circular or publication circulating primarily to medical practitioners, dentists, veterinary surgeons or pharmacists, and the reference in subsection (1) to the publishing or display of an advertisement shall be read accordingly.
Prescriptions, requisitions, orders
167.  (1)  In this section—
“authorised person” means—
	(a)	a medical practitioner;
	(b)	in relation to a prescription—an intern or a veterinary surgeon;
	(c)	in relation to a requisition—an intern or a person in charge, for the time being, of a ward at a Class I institution; or
	(d)	in relation to an order—
	(i)	the holder of a manufacturer’s or wholesaler’s licence;
	(ii)	a person who is authorised under Part IV or section 196; or
	(iii)	a dentist or veterinary surgeon;
“order” means an order referred to in section 53.
(2) A person shall not forge or alter a prescription, requisition or order for the supply of a drug of dependence.
(3)  A person shall not present, or cause to be presented, to a pharmacist a prescription, requisition or order for the supply of a drug of dependence, being a prescription, requisition or order that, to the knowledge of the person, is signed by a person who is not an authorised person.
(4)  A person shall not present, or cause to be presented, to a pharmacist a prescription, requisition or order for the supply of a drug of dependence, being a prescription, requisition or order that, to the knowledge of the person, has been altered in a material particular without the authority of the person who signed the prescription, requisition or order, as the case may be.
(5)  A person shall not knowingly make a false representation to a medical practitioner, intern or veterinary surgeon for the purpose of obtaining from that medical practitioner, intern or veterinary surgeon a prescription for the supply of a drug of dependence.
Penalty:  $5,000 or imprisonment for 2 years, or both.
False representation as to drug or substance
168.  A person shall not, knowing that a substance is not a drug of dependence or prohibited substance, sell or supply that substance to another person as a drug of dependence or prohibited substance.
Penalty:  $5,000 or imprisonment for 2 years, or both.
Possession and administration of drugs
169.  (1)  A person shall not possess a drug of dependence.
(2)  A person shall not administer, or cause or permit to be administered, to himself or herself a drug of dependence.
(3)  A medical practitioner, intern or dentist shall not—
	(a)	in the case of a medical practitioner or intern—prescribe; or
	(b)	in the case of a dentist—direct the supply of;
a drug of dependence for administration to himself or herself.
(4)  A person shall not administer, or cause to be administered, a drug of dependence to another person.
Penalty:  $5,000 or imprisonment for 2 years, or both.
Possession and administration of drugs—exemptions
170.  (1)  Subsection 169 (1) does not apply to—
	(a)	an exempt person in respect of the quantity of a drug of dependence in relation to which that person is exempted;
	(b)	a person for the treatment of whom, or for the treatment of an animal in whose custody, the quantity of the relevant drug has been lawfully prescribed or supplied; or
	(c)	the duly authorised agent of a person referred to in paragraph (b), in relation to the quantity of the drug referred to in that paragraph.
(2)  Subsection 169 (2) does not apply to a person for the treatment of whom the quantity administered of the relevant drug has been lawfully prescribed or supplied.
(3)  Subsection 169 (4) does not apply to—
	(a)	a medical practitioner, or an intern, acting in the course of his or her professional practice;
	(b)	a dentist, where—
	(i)	the relevant drug is cocaine, pethidine, or pentazocine; and
	(ii)	he or she is acting in the course of his or her professional practice;
	(c)	a nurse or the duly authorised agent of a person to whom the relevant drug is administered where—
	(i)	the drug is administered in accordance with the prescription of a medical practitioner, or the direction of a dentist; and
	(ii)	the person administering the drug is acting in the course of his or her employment or training;
	(d)	a person authorised under Part IV, Division 1 to administer the quantity in question of the relevant drug; or
	(e)	a person authorised under Part IV, Division 2 to have control of a first-aid kit containing the relevant drug, where he or she believes that the administration of the drug to the other person is necessary for the emergency treatment of a mental or physical condition being suffered by that other person.
(4)  In this section, a reference to a duly authorised agent of a person shall, in relation to a person who is—
	(a)	a minor; or
	(b)	a person who has a guardian;
be read as a reference to a parent or guardian of that person.
Possession and administration of prohibited substances
171.  (1)  A person shall not possess a prohibited substance. 
Penalty:
	(a)	where the offence relates to a quantity of cannabis not exceeding 25 grams in mass—$100; and
	(b)	in any other case—$5,000 or imprisonment for 2 years, or both.
(2)  A person shall not administer, or cause or permit to be administered, to himself or herself a prohibited substance.
Penalty:  $5,000 or imprisonment for 2 years, or both.
(3)  A person shall not administer, or cause to be administered, a prohibited substance to another person.
Penalty:  $5,000 or imprisonment for 2 years, or both.
(4)  Subsection (1) does not apply to—
	(a)	a person who is authorised under Part IV, Division 1 to possess the quantity in question of the relevant substance;
	(b)	a drug inspector, in respect of samples of a prohibited substance taken under section 178;
	(c)	a police officer, analyst, or officer of a court acting in the course of his or her official duties;
	(d)	a person authorised under section 200 to possess a quantity of the relevant substance; or
	(e)	a person otherwise authorised under any law in force in the Territory to possess the quantity in question of the relevant substance.
Liability of corporations
172.  (1)  In this section, “offence” means an offence under this Act, or under the regulations.
(2)  Where, in proceedings for an offence in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
(3)  Any conduct engaged in on behalf of a corporation—
	(a)	by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or
	(b)	by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;
shall be deemed, for the purposes of this Act, to have also been engaged in by the corporation.
(4)  A reference in subsection (1) to the state of a mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for his or her intention, opinion, belief or purpose.
(5)  Where a corporation is convicted of an offence, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this subsection, the court could impose as a pecuniary penalty for that offence.
Surrender and revocation of exemptions
173.  (1)  In this section, “exempt person” does not include a person referred to in paragraph (a), (g), (h), (i) or (k) of the definition of “exempt person” in subsection 160 (1).
(2)  An exempt person may, by notice in writing given to the General Manager, declare that he or she does not wish to be exempt from the application of the provisions of this Part specified in the declaration, for the period specified in the declaration.
(3)  Where an exempt person is convicted of an offence against this Part, the court by which the person is convicted may, if it is satisfied that it would be in the interests of the person or of the public to do so, direct that the person shall not, during the period specified in the direction, sell, supply, prescribe, requisition, order, dispense, possess or administer (as the court sees fit) any drug of dependence or prohibited substance.
(4)  A person who has made a declaration under subsection (2) may revoke the declaration by giving 7 days’ written notice to the General Manager.
(5)  Where a court makes a direction under subsection (3), the proper officer of the court, within the meaning of Part IX, shall cause the direction to be written down, and shall cause a copy to be given to the offender and to the General Manager.
(6)  On receiving a notice under subsection (2) or (4) from a person, or a copy of a direction under subsection (3) in respect of a person, the General Manager shall notify accordingly—
	(a)	the person’s employer, if any; and
	(b)	where the person is a medical practitioner, intern, dentist, veterinary surgeon, pharmacist or nurse—the board or body that has responsibility under an Act for the registration of members of the person’s profession.
(7)  Where a person has made a declaration under subsection (2), or a direction has been given under subsection (3) in respect of a person, that person shall not be taken to be exempted from the application of the provisions of this Part specified in the declaration or direction, as the case may be, during the period specified in the relevant declaration or direction.
(8)  Section 208 of the Magistrates Court Act 1930 applies in relation to a direction given by the Magistrates Court under subsection (3) as if the direction were a penalty imposed by that court in respect of the conviction of a person of an offence.
Part XI—Enforcement
Division 1—Preliminary
Interpretation
174.  (1)  In this Part—
“offence” means an offence under this Act, or under the regulations.
(2)  For the purposes of this Part, a thing is connected with a particular offence if—
	(a)	the offence has been committed with respect to it;
	(b)	it will afford evidence of the commission of the offence;
	(c)	it was used, or it is intended to be used, for the purpose of committing the offence;
	(d)	after the commission of the offence, it was used for the purpose of taking steps to avoid the detection of the offence or the apprehension of the offender; or
	(e)	it was in the possession or under the control of the offender at the time of his or her apprehension in circumstances which make it likely that it was—
	(i)	used for the purpose of committing the offence; or
	(ii)	after the commission of the offence, used or intended to be used for the purpose of taking steps to avoid the detection of the offence or the apprehension of the offender.
(3)  A reference in this Part to an offence shall be read as including a reference to an offence that there are reasonable grounds for believing has been, or will be, committed.
(4)  Where a person is authorised under this Part to enter premises or a place, and enters those premises or that place, a reference to the occupier of such premises or such a place shall include a reference to a person reasonably believed by the authorised person to be the occupier, or to be in charge, of those premises or that place.
Division 2—Inspection
Drug inspectors—appointment
175.  (1)  The Service may, in writing signed by the Service, appoint persons to be drug inspectors for the purposes of this Act.
(2)  A drug inspector shall perform such duties for the purposes of this Act as the Service directs.
(3)  The General Manager shall cause to be issued to a drug inspector an identity card which specifies the name and appointment of the inspector and on which appears a recent photograph of the inspector.
(4)  Upon ceasing to be a drug inspector, a person shall not fail, without reasonable excuse, to return his or her identity card to the General Manager.
Penalty for contravention of subsection (4):  $100.
Treatment centre inspectors—appointment
176.  (1)  The Service may, in writing signed by the Service, appoint persons to be treatment centre inspectors for the purposes of this Act.
(2)  The Service shall only appoint as a treatment centre inspector a person who, in the opinion of the General Manager, has extensive knowledge of—
	(a)	the physical, psychological and social problems connected with the abuse of drugs of dependence and prohibited substances;
	(b)	the treatment of persons suffering from such problems; or
	(c)	health education in relation to such problems.
(3)  The General Manager shall cause to be issued to a treatment centre inspector an identity card which specifies the name and appointment of the inspector and on which appears a recent photograph of the inspector.
(4)  Upon ceasing to be a treatment centre inspector, a person shall not fail, without reasonable excuse, to return his or her identity card to the General Manager.
Penalty for contravention of subsection (4):  $100.
Inspection—manufacturers and wholesalers
177.  A holder of a manufacturer’s or wholesaler’s licence shall, when required to do so either orally or in writing by a drug inspector, provide the inspector with a statement in writing, signed and dated by the licensee, accounting for each quantity of the drug of dependence in relation to which the licence was granted in the possession of the licensee, and for each quantity of the drug that has been in the possession of the licensee at any time during—
	(a)	the period since the date of commencement of this Act; or
	(b)	the period of 2 years immediately preceding the date of the statement;
whichever is shorter.
Penalty:  $10,000.
Inspection—prescribed premises
178.  (1)  In this section, “prescribed premises” means—
	(a)	premises specified in a manufacturer’s or wholesaler’s licence;
	(b)	the premises at which a community pharmacy is situated;
	(c)	the premises of an institution;
	(d)	the premises at which the surgery of a medical practitioner, dentist or veterinary surgeon is situated;
	(e)	the premises at which a program of research or education is being conducted in accordance with an authorisation under Part IV, Division 1; or
	(f)	the premises at which a first-aid kit is kept in accordance with an authorisation under Part IV, Division 2.
(2)  A drug inspector may, with such assistance and by such force as is necessary and reasonable, enter prescribed premises for the purpose of ensuring that the provisions of this Act are being complied with—
	(a)	in the case of premises specified in a manufacturer’s or wholesaler’s licence—at any hour of the day or night when the relevant business is being conducted at those premises; or
	(b)	in any other case—at any time during normal business hours.
(3)  Where a drug inspector enters prescribed premises in accordance with subsection (1), the inspector may—
	(a)	inspect the premises and any drug of dependence or prohibited substance on the premises;
	(b)	inspect any plant, equipment or manufacturing process on the premises;
	(c)	inspect any receptacle or place on the premises used for containing a drug of dependence or prohibited substance, and test any lock and security device or measure used in connection with the safe-keeping of such a drug or substance;
	(d)	require the occupier of the premises to produce for inspection the quantity of any drug of dependence that is, according to a relevant register, on the premises;
	(e)	take samples of any drug of dependence or prohibited substance on the premises;
	(f)	inspect any book, record or document kept on the premises pursuant to this Act;
	(g)	make copies of, or take extracts from, any book, record or document referred to in paragraph (f);
	(h)	require the occupier of the premises to produce any specified book, record or document, or to give to the inspector any information in his or her possession, relating to drugs of dependence or prohibited substances;
	(i)	seize any thing which the inspector believes on reasonable grounds to be connected with an offence against this Act that is found on the premises; and
	(j)	require the occupier of the premises to supply the occupier’s name and address.
Inspection—premises of approved treatment centres
179.  (1)  In this section, “approved treatment centre”, “treatment” and “treatment centre” have the same meaning as in Part IX.
(2)  A treatment centre inspector may, at any reasonable hour of the day or night, with such assistance and by such force as is necessary and reasonable, enter the premises of an approved treatment centre, and may—
	(a)	inspect the premises and any facilities provided at, or equipment used at, the premises for, or in connection with, the provision of treatment or accommodation at the centre;
	(b)	inspect any prescribed book, record, or document kept on the premises relating to such treatment or accommodation, or otherwise relating to the conduct of the centre in relation to patients referred to the centre pursuant to Part IX, Division 3; or
	(c)	require the occupier of the premises to produce any prescribed book, record or document, or to give to the inspector any prescribed information in his or her possession relating to such treatment or accommodation or otherwise relating to the conduct of the centre in relation to such patients;
for the purpose of ensuring that there are no grounds for cancellation, under section 154 or 155, of the centre’s approval.
Production of inspectors’ identity cards
180.  (1)  A drug inspector or treatment centre inspector who enters premises in accordance with subsection 178 (2) or 179 (2), as the case may be, is not authorised to remain on the premises if, on request by or on behalf of the occupier of the premises, the inspector does not produce the identity card issued to him or her under subsection 175 (3) or 176 (3), as the case may be.
(2)  Where—
	(a)	a drug inspector or a treatment centre inspector makes a requirement of a person in the exercise of the power referred to in paragraph 178 (3) (d) or (h), or paragraph 179 (2) (c), as the case may be;
	(b)	the person requests the inspector to produce the identity card issued to the inspector under subsection 175 (3) or 176 (3), as the case may be; and
	(c)	the inspector fails to do so;
the person is not obliged to comply with that requirement.
Obstruction of inspectors
181.  A person shall not, without reasonable excuse—
	(a)	obstruct or hinder a drug inspector or a treatment centre inspector in the exercise of the powers or the performance of the duties of the inspector under this Act; or
	(b)	subject to section 180, fail to comply with a reasonable requirement of such an inspector who has entered any premises in accordance with this Act.
Penalty:  $1,000 or imprisonment for 6 months, or both.
Division 3—Search, seizure and analysis
Interpretation
182.  In this Division—
“place” includes vacant land, premises, a vehicle, a vessel or an aircraft.
Analysts
183.  The Service may, in writing signed by the Service, appoint suitably qualified persons to be analysts for the purposes of this Act.
Search and seizure
184.  (1)  A police officer may search a person or the clothing that is being worn by, or property in the immediate control of, a person and may seize any thing that he or she believes on reasonable grounds to be connected with an offence that is found in the course of the search, if, and only if, the search and seizure is made by the police officer—
	(a)	after obtaining the consent of the person to the search in accordance with section 185;
	(b)	in accordance with section 186 upon taking the person into lawful custody in respect of an offence;
	(c)	pursuant to a warrant issued under section 187;
	(d)	in circumstances of seriousness and urgency, in accordance with section 188;
	(e)	pursuant to an order made by a court; or
	(f)	otherwise under a provision of a law in force in the Territory.
(2)  A police officer may enter any place, and may search for and seize any thing that he or she believes on reasonable grounds to be connected with an offence that is found on or in the place if, and only if, the search and seizure is made by the police officer—
	(a)	after obtaining the consent of the occupier of the place to the entry in accordance with section 185;
	(b)	pursuant to a warrant issued under section 187;
	(c)	in circumstances of seriousness and urgency, in accordance with section 188;
	(d)	pursuant to an order made by a court; or
	(e)	otherwise under a provision of a law in force in the Territory.
Consent to search
185.  (1)  Before obtaining the consent of a person for the purposes of  section 184 a police officer shall inform the person that he or she may refuse to give his or her consent.
(2)  A police officer who obtains the consent of a person for the purposes of section 184 shall ask the person to sign an acknowledgment—
	(a)	that the person has been informed that he or she may refuse to give his or her consent;
	(b)	that the person has given his or her consent; and
	(c)	of the date on which, and the time at which, the person gave his or her consent.
(3)  Where it is material, in any proceedings, for a court to be satisfied of the consent of a person for the purposes of section 184 and an acknowledgment in accordance with subsection (2) has not been produced in evidence, the court shall presume, unless the contrary is proved, that the person did not give such consent, but that presumption is rebuttable.
Searches of arrested persons
186.  (1)  A police officer may, upon lawfully taking a person into custody in respect of an offence, search the person or the clothing that he or she is wearing and any property under his or her immediate control, if the police officer believes on reasonable grounds that it is necessary to do so—
	(a)	for the purpose of ascertaining whether there is on the person or in his or her clothing or in that property a thing connected with the offence; or
	(b)	for the purpose of preventing the concealment, loss or destruction of evidence of, or relating to, the offence.
(2) A  police officer may seize any thing that he or she believes on reasonable grounds is a thing connected with an offence found as a result of a search in accordance with subsection (1).
Search warrants
187.  (1)  In this section, “private place” does not include a place ordinarily private, which is for the time being—
	(a)	used for a public purpose;
	(b)	a place of common resort; or
	(c)	open to the public, on the payment of money or otherwise.
(2)  Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that, on the day on which, or a day within 28 days after the date on which, the information is laid, there is or will be a thing or things of a particular kind connected with a particular offence on, or in the clothing that is being worn by, or in any property in the apparent control of, a particular person and the information sets out those grounds, the Magistrate may issue a search warrant authorising each police officer named in the warrant, with such assistance, and by such force, as is necessary and reasonable—
	(a)	to enter any place which the police officer believes on reasonable grounds to be occupied by the person;
	(b)	to search the person, or the clothing that is being worn by, or property in the apparent control of, the person; and
	(c)	to seize any such clothing or property that the police officer believes on reasonable grounds to be connected with the offence.
(3)  Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that, on the day on which, or a day within 28 days after the date on which, the information is laid, there is or will be at or in any place a thing or things of a particular kind connected with a particular offence, and the information sets out those grounds, the Magistrate may issue a search warrant authorising each police officer named in the warrant, with such assistance, and by such force, as is necessary and reasonable to—
	(a)	enter any place named or described in the warrant;
	(b)	search the place for things of that kind;
	(c)	if the place is a private place—to search any person found at or in the place, or any person whom he or she reasonably believes to be about to enter or to have recently left the place, and the clothing that the person is wearing, or property in the apparent control of the person, if the police officer believes there are reasonable grounds for suspecting that things of that kind may be on the person or in the clothing that the person is wearing or in property in the apparent control of the person; and
	(d)	to seize any thing of that kind found as a result of any entry or search referred to in paragraph (a), (b) or (c) that he or she believes on reasonable grounds to be connected with that offence.
(4)  A Magistrate shall not issue a warrant under this section unless—
	(a)	the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
	(b)	the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(5)  A Magistrate may issue a warrant under subsection (2) or (3) subject to conditions limiting the powers set out in the relevant subsection.
(6)  A warrant issued under this section shall state or set out—
	(a)	the purpose for which the warrant is issued, including a reference to the nature of the offence in relation to which the entry and search are authorised;
	(b)	whether the entry or search is authorised to be made at any time of the day or night or during specified hours of the day or night;
	(c)	a description of the kind of things authorised to be seized;
	(d)	any conditions to which the warrant is subject;
	(e)	if the warrant is issued under subsection (2)—a means of identifying each person specified in the warrant by—
	(i)	 name;
	(ii)	description; or
	(iii)	a photograph of the person attached to the warrant; and
	(f)	a date, not being later than 28 days after the date of issue of the warrant, upon which the warrant will cease to have effect.
(7)  If, in the course of searching in accordance with a warrant issued under this section for things connected with a particular offence, being things of a kind specified in the warrant, a police officer finds any thing that he or she believes on reasonable grounds to be connected with the offence although not of a kind specified in the warrant, or to be connected with any other offence, and he or she believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss, destruction or use in committing, continuing or repeating either offence the warrant shall be deemed to authorise him or her to seize that thing.
Searches in emergencies
188.  (1)  A police officer may only exercise a power under this section if the police officer believes, on reasonable grounds—
	(a)	that it is necessary to do so in order to prevent the concealment, loss or destruction of any thing connected with an offence; and
	(b)	that the circumstances are of such seriousness and urgency as to require the immediate exercise of the power without the authority of a warrant issued under section 187 or of an order of a court.
(2)  A police officer may—
	(a)	search a person or the clothing that is being worn by, and property in the apparent control of, a person suspected by the police officer to be carrying any thing connected with an offence; or
	(b)	enter any place at or in which the police officer believes on reasonable grounds that any thing connected with an offence is situated; and
	(c)	seize any such thing that he or she finds in the course of that search, or at or in the place.
(3)  A police officer who believes on reasonable grounds that a person is, without lawful authority or reasonable excuse, carrying any thing connected with an offence may, for the purposes of this section, detain that person.
(4)  A police officer who believes on reasonable grounds that any thing connected with an offence is upon or in a vehicle, vessel or aircraft may, for the purposes of this section, stop that vehicle, vessel or aircraft.
Clothing and body searches
189.  (1)  Where a police officer is authorised under this Division to search the clothing that a person is wearing, the police officer may remove, or require the person to remove, any clothing that the person is wearing.
(2)  A person shall not be searched under this Division except by a police officer of the same sex.
(3)  Nothing in this Division authorises a police officer to conduct an internal body search.
Forfeiture of drugs and substances
190.  (1)  Where a police officer or drug inspector believes, on reasonable grounds, that a substance seized under this Division is, or contains, a drug of dependence or prohibited substance in relation to which an offence has been committed, the substance seized is forfeited to the Commonwealth.
(2)  Where a police officer or drug inspector believes, on reasonable grounds, that a substance seized under this Division, not being a substance referred to in subsection (1), is, or contains, a drug of dependence or prohibited substance, that substance is forfeited to the Commonwealth at the expiration of 30 days from the date of its seizure.
(3)  Subsection (2) does not apply where—
	(a)	within 30 days after the date of the seizure the Commissioner of Police has received written notice from a person that the person claims the relevant substance; and
	(b)	the Commissioner of Police is satisfied that the claimant is entitled to the lawful possession of that substance.
(4)  Where subsection (2) applies, the Service shall cause the substance referred to in that subsection to be disposed of as soon as possible after the expiration of 30 days from the date of its seizure.
Analysis
191.  Where a substance is forfeited to the Commonwealth under subsection 190 (1), the person who seized the substance shall cause it to be given to an analyst.
Analysts’ certificates
192.  (1)  In proceedings for an offence, a certificate signed by an analyst stating, in relation to a substance referred to in section 191—
	(a)	that the analyst signing the certificate is appointed as such under section 183;
	(b)	when and from whom the substance was received;
	(c)	what, if any, labels, or other means of identifying the substance accompanied it when it was received;
	(d)	what container or containers the substance was contained in when it was received;
	(e)	a description, and the weight, of the substance received;
	(f)	if the substance, or any portion of it, is analysed—
	(i)	the name of the method of analysis; and
	(ii)	the results of the analysis; and
	(g)	how the substance was dealt with after handling by the analyst, including details of—
	(i)	the quantity retained;
	(ii)	the name of the person, if any, to whom any retained quantity was given; and
	(iii)	measures taken to secure any retained quantity;
is evidence of the matters stated in the certificate.
(2)  For the purposes of subsection (1), a certificate that purports to be signed by an analyst shall, unless the contrary is proved, be taken to have been so signed.
(3)  Subsection (1) only applies if a copy of the certificate was served on the defendant in the proceedings, or on the defendant’s legal representative on the record of those proceedings, not later than 14 days, or such shorter period as the court may order, before the commencement of the hearing of the proceedings.
(4)  Where an analyst issues a certificate under this section, he or she shall give a copy of the certificate to the Commissioner of Police.
Notification by defendants—analyst’s evidence
193.  After service of a copy of a certificate referred to in subsection 192 (1) on a defendant in proceedings for an offence, the defendant may, within 5 days, notify the Director of Public Prosecutions in writing whether the defendant intends to call the analyst who issued the certificate to give evidence in the proceeding.
Preliminary disposal of drugs and substances
194.  (1)  In this section—
“seized substance” means a substance seized under this Division.
(2)  Where, after weighing and identifying a seized substance, an analyst believes that—
	(a)	the substance is, or contains, a drug of dependence or prohibited substance; and
	(b)	there is a quantity of the seized substance greater than a traffickable quantity, within the meaning of Part X, of that drug or prohibited substance;
the analyst shall, within 24 hours of identifying the seized substance, notify the Director of Public Prosecutions accordingly.
(3)  On receiving a notification from an analyst, whether pursuant to subsection (2) or otherwise, about a seized substance that the analyst has identified as being or containing a drug of dependence or prohibited substance, the Director of Public Prosecutions may apply to a Magistrate for an order that a specified quantity of the substance be disposed of.
(4)  The Director of Public Prosecutions shall only specify a quantity under subsection (3) which would leave a quantity of the seized substance remaining at least sufficient to enable the substance to be analysed twice.
(5)  An application shall state—
	(a)	the circumstances in which the substance was seized;
	(b)	the drug of dependence or prohibited substance which the seized substance is identified by the analyst as being or containing; and
	(c)	the weight—
	(i)	of the seized substance;
	(ii)	of the quantity to be disposed of; and
	(iii)	of a quantity of the substance sufficient to enable the substance to be analysed twice.
(6)  The Director of Public Prosecutions shall give a copy of an application to—
	(a)	the person from whom the substance was seized, if that person is identifiable;
	(b)	any person who the Director of Public Prosecutions believes on reasonable grounds to have had an interest in the substance immediately before its seizure; and
	(c)	each defendant in proceedings for an offence in relation to the substance, or the defendant’s legal representative on the record in the proceedings.
(7)  Upon an application in accordance with this section, where a Magistrate is satisfied—
	(a)	that each person referred to in subsection (6) has been given a reasonable opportunity to be heard;
	(b)	that no person notified of the application disputes the total weight of the seized substance as stated in the application; and
	(c)	that no person who has not been notified of the application is likely to be charged with an offence in relation to that substance;
the Magistrate shall order that the quantity of the substance referred to in subparagraph (5) (c) (ii) be disposed of.
(8)  After an order has been made, the Service shall cause to be disposed of the quantity of the substance specified in the order for the purpose.
(9)  Where a Magistrate has refused to make an order, the Director of Public Prosecutions may make a further application in accordance with this section.
Final disposal of drugs and substances
195.  Where a substance has been seized under this Division, and an analyst has identified the substance as being or containing a drug of dependence or prohibited substance, the Service shall cause any remaining quantity of the substance to be disposed of—
	(a)	if, within 3 months of the seizure, proceedings are instituted for an offence in relation to the substance—after those proceedings are completed; or
	(b)	in any other case—at the expiration of 3 months after the date of the seizure.
Compensation for seized drugs and substances
196.  Where—
	(a)	a substance is disposed of in accordance with section 195; and
	(b)	no offence in relation to the substance has been found proved;
the Commonwealth shall pay to the person who was entitled to the immediate, lawful possession of the substance immediately before its seizure an amount equal to the value of the substance at the time of payment.
Seized property
197.  (1)  Where property has been seized under this Division, the person who possessed that property immediately before its seizure may recover the property—
	(a)	if, within 3 months of the seizure, proceedings are instituted for an offence in relation to which the property could, in the opinion of the Commissioner of Police or the Director of Public Prosecutions, provide evidence—after those proceedings are completed; or
	(b)	in any other case—at the expiration of 3 months after the date of seizure.
(2)  This section does not apply in relation to a substance which an analyst has identified as being, or containing, a drug of dependence or prohibited substance.
Part XII—Administrative Review
Notice of decisions
198.  (1)  Where the Service makes a decision—
	(a)	refusing to grant a manufacturer’s licence;
	(b)	granting a manufacturer’s licence subject to conditions, or varying a condition specified in a manufacturer’s licence;
	(c)	under subsection 9 (5) refusing to amend a manufacturer’s licence;
	(d)	cancelling a manufacturer’s licence;
	(e)	refusing to grant a wholesaler’s licence;
	(f)	granting a wholesaler’s licence subject to conditions, or varying a condition specified in a wholesaler’s licence;
	(g)	under subsection 23 (4) refusing to amend a wholesaler’s licence;
	(h)	cancelling a wholesaler’s licence;
	(i)	refusing to grant an authorisation under Part IV, Division 1 or 2;
	(j)	granting an authorisation under Part IV, Division 1 or 2 subject to conditions;
	(k)	varying a term or a condition specified in an authorisation under Part IV, Division 1 or 2;
	(m)	cancelling an authorisation under Part IV, Division 1 or 2;
	(n)	renewing an authorisation under Part IV, Division 1 or 2 for a shorter period than that specified in the application for renewal;
	(o)	refusing to authorise the sale of a drug of dependence to the owner, or the agent of the owner, of a ship, or the delivery of the drug of dependence to the master of a ship;
	(p)	refusing to grant an approval to supply syringes;
	(q)	granting an approval to supply syringes subject to a condition;
	(r)	cancelling an approval to supply syringes;
	(s)	refusing to grant an approval to conduct a treatment centre;
	(t)	granting an approval to conduct a treatment centre subject to conditions;
	(u)	varying or revoking, or refusing to vary or revoke, a condition to which an approval to conduct a treatment centre is subject;
	(v)	under section 154, cancelling an approval to conduct a treatment centre; or
	(w)	refusing to restore an approval to conduct a treatment centre;
the General Manager shall, within 28 days of the date of the decision, cause notice in writing of the decision to be given to the person whose interests are affected by the decision.
(2)  A notice under subsection (1) shall—
	(a)	include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Tribunal for a review of the decision to which the notice relates; and
	(b)	except where subsection 28 (4) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 28 of that Act.
(3)  The validity of a decision referred to in subsection (1) shall not be taken to be affected by a failure to comply with that subsection.
Review by Tribunal
199.  Application may be made to the Tribunal for a review of a decision referred to in subsection 198 (1).
Part XIII—Miscellaneous
Possession by officials
200.  The Service may, in writing signed by the Service, authorise specified—
	(a)	officers or employees within the meaning of the Public Service Act 1922; or
	(b)	persons appointed as officers or engaged as temporary employees under the Community and Health Service Act 1985;
to possess specified drugs of dependence or specified prohibited substances in the course of their duties.
Secrecy
201.  (1)  This section applies to a drug inspector, a treatment centre inspector, an analyst or any other person who is, or has been, engaged in exercising powers or performing duties under this Act.
(2)  A person to whom this section applies shall not, either directly or indirectly, except in the exercise of a power or performance of a duty under this Act—
	(a)	make a record of, or divulge or communicate to any person, any information acquired by the first-mentioned person concerning a manufacturing or trade process or the affairs of another person; or
	(b)	produce to a person a document produced to, or otherwise acquired by, the first-mentioned person;
by reason of the exercise of those powers or the performance of those duties.
Penalty:  $5,000 or imprisonment for 2 years, or both.
(3)  Nothing in this section applies in relation to the giving of information—
	(a)	to a treatment assessment panel established under Part IX, Division 3;
	(b)	about a person where the giving of the information is necessary to remove a threat to the life or health of the person;
	(c)	to a police officer in answer to a lawful request by the police officer while acting in the course of his or her duty;
	(d)	to a court, by way of the production of a document or otherwise, in accordance with a subpoena; or
	(e)	to a person, relating to the personal affairs of the person requesting the information.
Annual report
202.  The General Manager shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister for presentation to the Parliament a report on the operation of this Act during the year ended on that date.
Delegation of powers
203.  The Service, the General Manager or the Medical Officer of Health may by writing delegate any of its, his or her powers or functions under this Act.
Determination of fees
204.  The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.
Completion of forms in Schedules
205.  A register, notice or order required by this Act to be completed in accordance with a form set out in a Schedule shall be completed in accordance with the explanatory notes set out in that form.
Regulations
206.  The Minister may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for giving effect to this Act.

Schedules
	Schedule 1	Section 3
Drugs of Dependence—General
Column 1	Column 2	Column 3	

Drug	Traffickable quantity (grams)	Commercial quantity (kilograms)	
Acetyldihydrocodeine, except when compounded with one or more other medicaments—
(a)	in divided preparations containing not more than 100 mg of acetyldihydrocodeine per dosage unit; or
(b)	in undivided preparations with a concentration of not more than 2.5% of acetyldihydrocodeine 		2.00	2.00
Acetylmethadol		2.00	2.00
Acetylmorphines		2.00	2.00
Alfentanil		0.005	0.005
Allylprodine		2.00	2.00
Alphacetylmethadol		10.00	10.00
Alphameprodine		0.20	0.20
Alphamethadol 		0.20	0.20
Alphaprodine		25.00	25.00
Amphetamine		2.00	2.00
Amylobarbitone		20.00	20.00
Anileridine		25.00	25.00
Benzethidine		10.00	10.00
Benzylmorphine		5.00	5.00
Betacetylmethadol		5.00	5.00
Betameprodine		5.00	5.00
Betamethadol		5.00	5.00
Betaprodine		5.00	5.00
Bezitramide		5.00	5.00
Butobarbitone		20.00	20.00
Butorphanol		2.00	2.00
Clonitazene		5.00	5.00
Cocaine		2.00	2.00
Coca Leaf		250.00	80.00
Codeine, except when compounded with one or more
other medicaments—
(a)	in divided preparations containing 30 mg or less
of codeine per dosage unit; or
(b)	in undivided preparations containing 1% or less
of codeine		10.00	10.00
Codeine-N-oxide		10.00	10.00
Codoxime		10.00	10.00
Concentrate of Poppy Straw (the material arising when
poppy straw has entered into a process for concentration
of its alkaloids)		250.00	250.00
4-Cyano-2-dimethylamino-4,4-diphenylbutane
(Methadone intermediate)		2.00	2.00
4-Cyano-1-methyl-4-phenylpiperidine (Pethidine
intermediate A)		10.00	10.00
Cyclobarbitone		20.00	20.00
Dexamphetamine		2.00	2.00
Dextromoramide		2.00	2.00
Dextropropoxyphene, except when—
(a)	in divided preparations containing 135 mg or 
less of dextropropoxyphene per dosage unit; or
(b)	in liquid preparations containing 2.5% or less
of dextropropoxyphene		27.00	27.00
Diampromide		5.00	5.00
Diethylthiambutene		5.00	5.00
Difenoxin, except in preparations containing, per dosage unit, 0.5 mg or less of difenoxin and a quantity of atropine sulphate equivalent to at least 5% of the dose of difenoxin 		2.00	2.00
Dihydrocodeine, except when compounded with one or more other medicaments—
(a)	in divided preparations containing not more than 100 mg of dihydrocodeine per dosage unit; or
(b)	in undivided preparations with a concentration of not more than 2.5% of dihydrocodeine		10.00	10.00
Dihydromorphine		10.00	10.00
Dimenoxadol 		10.00	10.00
Dimepheptanol 		10.00	10.00
Dimethylthiambutene		20.00	20.00
Dioxaphetyl Butyrate		2.00	2.00
Diphenoxylate, except in preparations containing, per dosage unit, 2.5 mg or less of diphenoxylate and a quantity of atropine sulphate equivalent to at least 1% of the dose of diphenoxylate		2.00	2.00
Dipipanone		10.00	10.00
Drotebanol		2.00	2.00
Ecgonine		10.00	10.00
Ethylmethylthiambutene		10.00	10.00
Ethylmorphine, except when compounded with one or more other medicaments—
(a)	in divided preparations containing not more than 100 mg of ethylmorphine per dosage unit; or
(b)	in undivided preparations with a concentration of not more than 2.5% of ethylmorphine		2.00	2.00
Etonitazene		5.00	5.00
Etoxeridine		5.00	5.00
Fenetylline		2.00	2.00
Fentanyl		0.005	0.005
Furethidine		1.00	1.00
Hydrocodone		2.00	2.00
Hydromorphinol		2.00	2.00
Hyromorphone		2.00	2.00
Hydroxypethidine		5.00	5.00
Isomethadone		2.00	2.00
Levamphetamine		2.00	2.00
Levomethamphetamine		2.00	2.00
Levomethorphan		2.00	2.00
Levomoramide		2.00	2.00
Levophenacylmorphan		2.00	2.00
Levorphanol		1.00	1.00
Mecloqualone		60.00	60.00
Metazocine		7.00	7.00
Methadone		2.00	2.00
Methamphetamine		2.00	2.00
Methyldesorphine		2.00	2.00
Methyldihydromorphine		2.00	2.00
2-Methyl-3-morpholino-1,1-diphenylpropane
Carboxylic Acid (Moramide intermediate)		8.00	8.00
Methylphenidate 		2.00	2.00
1-Methyl-4-phenylpiperidine-4-carboxylic Acid
(Pethidine intermediate C)		10.00	10.00
Metopon		2.00	2.00
Morpheridine		2.00	2.00
Morphine		2.00	1.50
Morphine Methobromide		2.00	1.00
Morphine-N-oxide		2.00	2.00
Myrophine		20.00	20.00
Nabilone		0.40	0.40
Nicocodine, except when compounded with one or more
other medicaments—
(a)	in divided preparations containing not more than 100 mg of nicocodine per dosage unit; or
(b)	in undivided preparations with a concentration of not more than 2.5% of nicocodine 		2.00	2.00
Nicodicodine, except when compounded with one or more other medicaments—
(a)	in divided preparations containing not more than 100 mg of nicodicodine per dosage unit; or
(b)	in undivided preparations with a concentration of not more than 2.5% of nicodicodine 		2.00	2.00
Nicomorphine		2.00	2.00
Noracymethadol 		2.00	2.00
Norcodeine, except when compounded with one or more other medicaments—
(a)	in divided preparations containing not more than 100 mg of norcodeine per dosage unit; or
(b)	in undivided preparations with a concentration of not more than 2.5% of norcodeine 		2.00	2.00
Norlevorphanol 		2.00	2.00
Normethadone		5.00	5.00
Normorphine		20.00	20.00
Norpipanone		10.00	10.00
Opium in any form, except the alkaloids noscapine and
papaverine		20.00	20.00
Oxycodone		5.00	5.00
Oxymorphone		2.00	2.00
Pentazocine		20.00	20.00
Pentobarbitone		20.00	20.00
Pethidine		10.00	10.00
Phenadoxone		10.00	10.00
Phenampromide		10.00	10.00
Phenazocine		1.00	1.00
Phenmetrazine		5.00	5.00
Phenomorphan		5.00	5.00
Phenoperidine		1.00	1.00
4-Phenylpiperidine-4-carboxylic Acid Ethyl Ester
(Pethidine intermediate B)		10.00	10.00
Pholcodine, except when compounded with one or more other medicaments—
(a)	in divided preparations containing not more than 100 mg of pholcodine per dosage unit; or
(b)	in undivided preparations with a concentration of not more than 2.5% of pholcodine 		5.00	5.00
Piminodine		10.00	10.00
Piritramide		1.00	1.00
Proheptazine		1.00	1.00
Properidine		25.00	25.00
Propiram		10.00	10.00
Quinalbarbitone		20.00	20.00
Racemethorphan		2.00	2.00
Racemoramide		2.00	2.00
Racemorphan		2.00	2.00
Secbutobarbitone		20.00	20.00
Sufentanil		0.005	0.005
Thebacon		2.00	2.00
Thebaine		2.00	2.00
Tilidine		20.00	20.00
Trimeperidine		10.00	10.00
A substance which is, in relation to a drug of dependence specified elsewhere in this Schedule—
(a)    an active principal of that drug;
(b)    a preparation or admixture of that drug; or
(c)    a salt of that drug or active principal;
except where the substance is separately specified in
this Schedule		The minimum traffickable quantity
and the minimum commercial quantity, respectively, of—
(a)	the drug of dependence in relation to which the substance is specified in this item; or
(b)	if there is more than 1 such drug—the drug referred to in paragraph (a) in relation to which the minimum traffickable quantity and the minimum commercial quantity are respectively the least.

	Schedule 2	Section 3
PROHIBITED SUBSTANCES
Column 1	Column 2	Column 3	

Substance	Traffickable quantity (grams)	Commercial quantity (kilograms)	
Acetorphine		2.00	2.00
Acetyl-a-methylfentanyl		0.005	0.005
Alkoxyamphetamines and bromo-substituted alkoxyamphetamines, except where separately specified in this Schedule		0.50	0.50
Alkoxyphenethylamines and alkyl-substituted alkoxyphenethylamines, except where separately specified in this Schedule		0.50	0.50
2-Amino-1-(2,5-dimethoxy-4-methyl) phenylpropane (STP, DOM)		0.50	0.50
4-Bromo-3,5-dimethoxyamphetamine		0.50	0.50
4-Bromo-2,5-dimethoxyphenethylamine (BDMPEA)		0.50	0.50
3-Bromo-4-methoxyamphetamine		0.50	0.50
4-Bromo-3-methoxyamphetamine		0.50	0.50
Bufotenine		2.00	2.00
Cannabis		100.00	100.00
Cannabis Oil		2.00	2.00
Cannabis Resin 		20.00	50.00
Cathinone		2.00	2.00
Desomorphine		2.00	2.00
N,N-Diethyltryptamine (DET)		2.00	2.00
2,4-Dimethoxyamphetamine		0.50	0.50
3,4-Dimethoxyamphetamine		0.50	0.50
2,5-Dimethoxy-4-bromoamphetamine (DOB)		0.50	0.50
3,4-Dimethoxy-5-ethoxyamphetamine		0.50	0.50
2,5-Dimethoxy-4-ethoxyamphetamine		0.50	0.50
4,5-Dimethoxy-2-ethoxyamphetamine		0.50	0.50
2,5-Dimethoxy-4-ethyl-a-methylphenylethylamine
(DOET)		0.50	0.50
2,3-Dimethoxy-4,5-methylenedioxyamphetamine		0.50	0.50
2,5-Dimethoxy-3,4-methylenedioxyamphetamine		0.50	0.50
2,5-Dimethoxy-a-methylphenylethylamine (DMA)		0.50	0.50
3,4-Dimethoxyphenylethylamine		0.50	0.50
3-(2-Dimethylaminoethyl)-4-hydroxyindole (Psilocine, Psilotsin)		2.00	2.00
3-(1,2-Dimethylheptyl)-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran (DMHP)		2.00	2.00
N,N,-Dimethyltryptamine (DMT)		2.00	2.00
4,5-Ethylenedioxy-3-methoxyamphetamine		0.50	0.50
Eticyclidine (PCE)		2.00	2.00
Etorphine		5.00	2.00
Harmaline		2.00	2.00
Harmine		2.00	2.00
Heroin		2.00	1.50
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl- 6H-dibenzo[b,d]pyran (Parahexyl)		2.00	2.00
b-Hydroxyfentanyl		0.005	0.005
b-Hydroxy-3-methylfentanyl 		0.005	0.005
Ketobemidone		2.00	2.00
Lysergic Acid		0.002	0.002
Lysergide (LSD, LSD-25)		0.002	0.002
Mescaline-see 3,4,5-Trimethoxyphenethylamine 
Methaqualone		50.00	50.00
2-Methoxy-3, 4-methylenedioxyamphetamine		50.00	50.00
2-Methoxy-4, 5-methylenedioxyamphetamine		0.50	0.50
4-Methoxy-2, 3-methylenedioxyamphetamine		0.50	0.50
5-Methoxy-3, 4-methylenedioxy-a-methylphenylethylamine (MMDA)		0.50	0.50
2-Methoxy-3, 4-methylenedioxyphenylethylamine		0.50	0.50
3-Methoxy-4, 5-methylenedioxyphenylethylamine		0.50	0.50
4-Methoxy-a-methylphenylethylamine (PMA)		0.50	0.50
4-Methoxyphenylethylamine		0.50	0.50
3, 4-Methylenedioxyamphetamine (MDA)		0.50	0.50
3, 4-Methylenedioxy-N, a-dimethylphenylethylamine (MDMA)		0.50	0.50
3, 4-Methylenedioxy-N-ethylamphetamine (MDE)		0.50	0.50
3-Methylfentanyl		0.005	0.005
a-Methylfentanyl 		0.005	0.005
1-Methyl-4-phenyl-4-propionoxypiperidine (MPPP)		2.00	2.00
3-Methylthiofentanyl		0.005	0.005
a-Methylthiofentanyl		0.005	0.005
Muscimol		2.00	2.00
Para-fluorofentanyl		0.005	0.005
Phencyclidine (PCP)		2.00	2.00
1-Phenethyl-4-phenyl-4-acetoxypiperidine  (PEPAP)		2.00	2.00
Psilocine—see 3-(2-Dimethylaminoethyl)-4-hydroxyindole
Psilocybine		2.00	2.00
Psilotsin—see 3-(2-Dimethylaminoethyl)-4-hydroxyindole
Rolicyclidine (PHP, PCPY)		2.00	2.00
Tenocyclidine (TCP)		2.00	2.00
Tetrahydrocannabinols (THC) and their alkyl homologues, except where separately specified in this Schedule		2.00	5.00
2, 3, 4, 5-Tetramethoxyamphetamine		0.50	0.50
Thiofentanyl		0.005	0.50
2, 3, 4-Trimethoxyamphetamine		0.50	0.50
2, 3, 5-Trimethoxyamphetamine		0.50	0.50
2, 3, 6-Trimethoxyamphetamine		0.50	0.50
2, 4, 5-Trimethoxyamphetamine		0.50	0.50
2, 4, 6-Trimethoxyamphetamine		0.50	0.50
3, 4, 5-Trimethoxy-a-methylphenylethylamine (TMA)		0.50	0.50
3, 4, 5-Trimethoxyphenethylamine (mescaline) and other substances structurally derived from methoxy-phenylethylamine, except—
(a)	methoxyphenamine; or
(b)	where separately specified in this Schedule		7.50	7.50
1-(3, 4, 5,-Trimethoxyphenyl)-2-aminobutane		0.50	0.50
2, 4, 5-Trimethoxyphenylethylamine		0.50	0.50
A substance which is, in relation to a prohibited substance specified elsewhere in this Schedule—
(a)	an active principal of that prohibited substance;
(b)	a preparation or admixture of that prohibited substance; or
(c)	a salt of that prohibited substance or active principal;
except where the first-mentioned substance is separately specified in this Schedule		The minimum traffickable quantity
and the minimum commercial quantity, respectively of—
(a)	the prohibited substance in relation to which the substance is specified in this item; or
(b)	if there is more than 1 such prohibited substance—the prohibited substance referred to in paragraph (a) in relation to which the minimum traffickable quantity and the minimum commercial quantity are respectively the least.
A substance (“drug analogue”) which is, in relation to another substance (being a drug of dependence or a substance specified elsewhere in this Schedule, or a stereoisomer, a structural isomer (with the same constituent groups) or an alkaloid of such a drug or substance)—
(a)	a stereoisomer;
(b)	a structural isomer having the same constituent groups;
(c)	an alkaloid;
(d)	a structural modification notionally obtained in 1 or more of the following ways:
	(i)	by the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures;
	(ii)	by the addition of hydrogen atoms to 1 or more unsaturated bonds;
	(iii)	by the addition of 1 or more of the following groups, namely alkoxy, cyclic diether, acyl, acyloxy, mono-amino and dialkylamino groups with up to 6 carbon atoms in any alkyl residue; alkyl, alkenyl and alkynyl groups with up to 6 carbon atoms in the group, where the group is attached to oxygen (for example, an ester or an ether group), nitrogen, sulphur or carbon; and halogen, hydroxy, nitro and amino groups;
	(iv)	by the replacement of 1 or more of the groups specified in subparagraph (iii) with another such group or groups;
	(v)	by the conversion of a carboxyl or an ester group into an amide group; or
(e)	otherwise an homologue, analogue, chemical derivative or substance substantially similar in chemical structure;
however manufactured or actually obtained, except where the drug analogue—
(f)	is a drug of dependence;
(g)	is separately specified in this Schedule;
(h)	is specified in a Schedule to the Poisons and Drugs Act 1978; or
(i)	is specified in the Schedule to the Public Health (Prohibited Drugs) Act 1957		The minimum traffickable quantity
and the minimum commercial quantity, respectively, of—
(a)	the drug of dependence or prohibited substance in relation to which the substance is a drug analogue; or
(b)	if there is more than 1 such drug or prohibited substance—the drug or prohibited substance referred to in paragraph (a) in relation to which the minimum traffickable quantity and the minimum commercial quantity are respectively the least.

	Schedule 3	Section 4
DRUGS OF DEPENDENCE—MANUFACTURING
Acetylmorphines
Amphetamine
Amylobarbitone
Butobarbitone
Cyclobarbitone
Dexamphetamine
Mecloqualone
Methamphetamine
Methylphenidate
Nabilone
Pentazocine
Pentobarbitone
Phencyclidine
Phenmetrazine
Quinalbarbitone
Secbutobarbitone
A substance which is, in relation to a drug of dependence specified elsewhere in this Schedule—
(a)	an active principal of that drug;
(b)	a preparation or admixture of that drug; or
(c)	a salt of that drug or active principal

	SCHEDULE 4	Subsection 6 (4)
FORMS
	Form 1	Section 99
DRUG REGISTER
Location	
Drug1	Strength1	Form1	
Date2	Name & address/location3	Dealing4	Name and address of Prescriber	No.5	In6	Out6	Balance7	Remarks8	Signature9	

										
1.	One drug, one strength, one form only per page of register.
2.	Date of dealing.
3.	Name and address of other party to the dealing (and that party’s agent, where applicable), or location of ward or dispensary to which or from which the drug is supplied.
4.	Nature of dealing—whether manufacture, receipt, supply, administration, disposal, surrender, loss or theft.
5.	No. of prescription or requisition.
6.	Quantity of the drug coming in or going out.
7.	Quantity of the drug still held.
8.	Including—
	if the drug is supplied by a veterinary surgeon—species and identification details of the relevant animal; or
	if the drug is disposed of—signature of the drug inspector or Chief Pharmacist who authorised the disposal.
9.	Signature of the person making the entry in the register.

	SCHEDULE 4—continued
	Form 2	Section 101
WARD REGISTER
Institution and location	
Drug1	Strength1	Form1	
Date2	Source of
supply3/
Patient’s
name	Dealing4	Name of Prescriber	No.5	In6	Out6	Balance7	Dose	Time
of admini-
stration	Remarks	Counter-
signature8	Signature9	

													
1.	One drug, one strength, one form only per page of register.
2.	Date of dealing.
3.	Name and address of supplier, or location of dispensary in Class 1 institution from which the drug is supplied.
4.	Nature of dealing—whether receipt, supply, administration, disposal, surrender, loss or theft.
5.	No. of prescription or requisition.
6.	Quantity of the drug coming in or going out.
7.	Quantity of the drug still held.
8.		If the drug is received—counter-signature of supplier;
	If the drug is administered—counter-signature of witness;
	If the drug is disposed of—counter-signature of the drug inspector or Chief Pharmacist who authorised the disposal.
9.	Signature of the person making the entry in the register.

	Form 3	Section 103
First-Aid Register
Institution and location	
Drug1......................................Strength1........................Form1..............................

Date2	Name and Address3	Dealing4	In5	Out5	Balance6	Remarks	Counter-signature7	Signature8	

1.	One drug, one strength, one form only per page of register.
2.	Date of dealing.
3.	Name and address of supplier, or person to whom the drug is administered (if the latter is ascertainable).
4.	Nature of dealing—whether receipt, administration, surrender, loss or theft.
5.	Quantity of the drug coming in or going out.
6.	Quantity of the drug still held.
7.	If the drug is disposed of—counter-signature of the drug inspector who authorised the disposal.
8.	Signature of the person making the entry in the register.

	Form 4	Section 109
DRUGS OF DEPENDENCE INVENTORY
Pharmacy:							Pharmacy Stamp
Address:	
	
Name of outgoing pharmacist:	
Name of incoming pharmacist:	
Drug	Form	Strength	Quantity stated in register	Actual Quantity held	Discrepancy	

		Date:   ...  /  ...  /  ...
(Signature of outgoing pharmacist conducting inventory)
Inventory *Correct/*Incorrect
*General Manager notified
		Date:   ...  /  ...  /  ...
(Signature of incoming pharmacist checking inventory)
*Incoming pharmacist to delete where inapplicable

	Form 5	Section 122
Australian Capital Territory
Drugs of Dependence Act 1989
Assessment Order
In the (Court) at Canberra.
Offender’s name and address:
Offender’s date of birth:
Offence proved against offender:
I certify that the requirements of section 122 have been met in respect of the offender.
I order that the offender submit *himself/*herself for assessment:
•	by the panel convened for the purpose by the General Manager; and
•	if so required by that panel, at an approved treatment centre or centres;
at the time and place notified to the offender by the panel.
Dated			19    .
	
*Judge of the Supreme Court
*Magistrate
*Delete where inapplicable

	Form 6	Section 123
Australian Capital Territory
Drugs of Dependence Act 1989
treatment Order
In the (Court) at Canberra.
Offender’s name and address:
Offender’s date of birth:
Offence proved against offender:
I certify that the requirements of section 123 have been met in respect of the offender.
I order that the offender submit *himself/*herself:
•	for the following treatment at (here specify the recommended treatment centre):
(here specify the recommended treatment); or
•	for any other treatment at any other approved treatment centre as directed by a panel;
from 		19      until		19 , in accordance with the reasonable requirements of the person in charge of the centre at which the offender is undergoing such treatment, and the following conditions:
(here specify the conditions imposed).
Dated			19    .
	
*Judge of the Supreme Court
*Magistrate
*Delete where inapplicable

	Form 7	Section 141
Notice of Assessment—Treatment Assessment Panel
To:
The General Manager
ACT Community and Health Service
Members of panel:	1.  (Presiding)	
2. 	
3. 	
Offender’s name 	
Offender’s date of birth 	
Details of offender’s conviction 	

The panel’s assessment is that—
*   The offender should undergo treatment at
	, an
approved treatment centre.
*   There is suitable treatment for the offender, but that treatment is unavailable.
*   The offender should not undergo any treatment.
The reasons for the panel’s assessment and, where treatment is recommended, details of such treatment, together with any relevant comments, are as follows:

	
	
The offender should report to the panel once per .................... to monitor the progress of the recommended treatment.
		Date:   ...  /  ...  /  ...
(Signature of presiding member)
		Date:   ...  /  ...  /  ...
(Signature of General Manager)
*Delete where inapplicable

	Form 8	Section 145
Notice of Assessment—approved Treatment centre
To:	
(presiding member of relevant panel)
Approved treatment centre: 	
Authorised officer of centre:	
Offender’s name: 	
Details of offender’s conviction: 	

*  There is suitable treatment for the offender at this centre.
*  There is suitable treatment for the offender at	
(another such centre).
*  There is suitable treatment for the offender, but that treatment is unavailable.
*  The offender should not undergo treatment.
The reasons for this assessment and, where treatment is specified, the details of such treatment, together with any relevant comments, are as follows:

	
	
		Date:   ...  /  ...  /  ...
(Signature of authorised officer)
*Delete where inapplicable

	Schedule 5	Section 162
prohibited plants
Amanita cothurnata
Amanita gemmata
Amanita muscaria
Amanita pantherina and other
Amanita spp
Banisteria caapi
Banisteriopsis inebrians
Cannabis
Catha edulis
Conocybe spp
Erythroxylon spp
Gymnopilus spp
Haemadictyon amazonicum
Lophophora williamsii
Papaver oriental (Papaver bracteatum)
Papaver somniferumi
Peganum harmala
Piptadenia peregrina
Piptadenia macrocarpa
Prestonia amazonica
Psilocybe spp
Stropharia cubensis

NOTE
1.	Notified in the Commonwealth of Australia Gazette on 15 March 1989.