New South Wales Consolidated Regulations

POISONS AND THERAPEUTIC GOODS REGULATION 2008 - REG 20

20 Certain Schedule 7 substances to be supplied and used only under an authority

(1) A person must not obtain or use a Schedule 7 substance unless the person holds an authority under Part 8 to obtain or use the substance.

: Maximum penalty--10 penalty units.

(2) A dealer must not supply a Schedule 7 substance to any other person unless--

(a) the dealer holds an authority under Part 8 to supply the substance, and

(b) the person being supplied holds an authority under Part 8 to obtain the substance.

: Maximum penalty--10 penalty units.

(3) A person being supplied with a Schedule 7 substance must surrender to the dealer the person's authority to obtain the substance.

: Maximum penalty--10 penalty units.

(4) In the case of an authority--

(a) that authorises multiple supplies of a Schedule 7 substance, or

(b) that has been issued to a class of persons (as referred to in clause 170(4)),

it is sufficient compliance with subclause (3) if the person being supplied surrenders a copy of the authority to the dealer.

(5) The functions of the Secretary under Part 8 with respect to an authority under this clause may be exercised by the Permanent Head of the Commonwealth Department of Health.

(6) The Secretary may, by order in writing, exempt any person or substance, or any class of persons or substances, from any or all of the requirements of this clause.

(7) Such an exemption may be given unconditionally or subject to conditions.

(8) This clause does not apply to--

(a) the supply by wholesale of any Schedule 7 substance, or

(b) the use by a person of any Schedule 7 substance that is--

(i) a pesticide (within the meaning of the Pesticides Act 1999 ), or

(ii) a stock medicine (within the meaning of the Stock Medicines Act 1989 ),

or the supply to, or obtaining by, such a person of any such substance, or

(c) the use by a person in charge of an institution or facility for scientific research, instruction, analysis or study of any Schedule 7 substance for use in that institution or facility, or the supply to, or obtaining by, such a person of any such substance for use in that institution or facility, or

(d) the use by a person of any Schedule 7 substance (other than a highly dangerous substance) for non-domestic purposes, or the supply to, or obtaining by, a person of any such substance for use for non-domestic purposes.

(9) In subclause (8)(d),
"highly dangerous substance" means any of the following substances--

arsenic

cyanides

fluoroacetamide

fluoroacetic acid

hydrocyanic acid

strychnine

thallium