New South Wales Consolidated Regulations

POISONS AND THERAPEUTIC GOODS REGULATION 2008 - REG 76A

76A Storage in managed correctional centres

(1) The management company for a managed correctional centre must ensure that drugs of addiction at the managed correctional centre are stored in a separate safe apart from other goods or substances.

(2) Unless otherwise approved for the time being by the Secretary, the safe must comply with the requirements specified in clause 76(2)(a)-(g).

(3) The management company for a managed correctional centre must ensure that--

(a) the safe is kept securely locked when not in immediate use, and

(b) a key or other device that unlocks the safe is--

(i) kept on the person of an appropriate person at the managed correctional centre, or

(ii) locked in a separate safe that can be unlocked only by an appropriate person, and

(c) a code or combination that is required to unlock the safe is not disclosed to a person who is not an appropriate person.

(4) Despite subclause (1), a drug of addiction that requires refrigeration may be kept in a refrigerator instead of a safe if the following requirements are met--

(a) the refrigerator must be in a room, part of a room or an enclosure to which the public does not have access,

(b) the refrigerator, or a cupboard or receptacle in which the refrigerator is kept, must be securely attached to a part of the premises,

(c) the refrigerator, or the room, cupboard or receptacle in which the refrigerator is kept, must be kept securely locked when not in immediate use,

(d) a key or other device that unlocks the refrigerator, or the room, cupboard or receptacle in which the refrigerator is kept, must be--

(i) kept on the person of an appropriate person at the managed correctional centre, or

(ii) locked in a safe that can be unlocked only by an appropriate person,

(e) a code or combination that is required to unlock anything under this subclause must not be disclosed to a person who is not an appropriate person,

(f) the refrigerator must not be used to store an item that is not a Schedule 2, 3, 4 or 8 substance or a therapeutic good.

(5) The management company for a managed correctional centre must appoint, by written instrument, a pharmacist employed at the managed correctional centre as the person responsible for the storage of drugs of addiction at the managed correctional centre.

(6) If there is no pharmacist employed at the managed correctional centre, an authorised practitioner or nurse in charge may be appointed.

(7) This clause does not apply to drugs of addiction at a retail pharmacy located at a managed correctional centre.

(8) This clause does not prevent drugs of addiction from being stored with prescribed restricted substances.

(9) In this clause--

"appropriate person" means--

(a) a person appointed under subclause (5) or (6), or

(b) an authorised practitioner, nurse, midwife or pharmacist appointed, by written instrument, by the management company for the managed correctional centre for the purposes of this clause.

"authorised practitioner" does not include a veterinary practitioner.

: Maximum penalty--20 penalty units.