AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 59B

Notification required in relation to certain restricted substances and narcotic substances

(1)  In this section –
specified person means a medical practitioner, a dentist, an authorised health professional, an authorised nurse practitioner, a veterinary surgeon or a pharmacist.
(1A)  If a person seeks from a specified person a notifiable restricted substance or a narcotic substance, the specified person may, at his or her discretion, notify the Secretary of the relevant facts.
(1B)  If a person seeks a notifiable restricted substance or a narcotic substance from a specified person and that specified person has reason to believe that the person seeking the substance –
(a) has a history of drug-seeking behaviour; or
(b) is exhibiting drug-seeking behaviour; or
(c) has consumed or used, or is likely to consume or use, a notifiable restricted substance or a narcotic substance contrary to the prescribing practitioner's instructions –
the specified person must notify the Secretary of the relevant facts.
Penalty:  Fine not exceeding 50 penalty units.
(2)  This section does not require notice to be given –
(a) where the Secretary has previously been notified in relation to the person by the specified person or by a medical practitioner or dentist in the same medical or dental practice, and an authorisation to make available under section 59E has been issued in relation to the person; or
(b) where the Secretary has previously been notified in relation to the person by the specified person or by a medical practitioner or dentist in the same medical or dental practice, and the person is not treated with a notifiable restricted substance or narcotic substance; or
(c) by a medical practitioner, authorised health professional or authorised nurse practitioner on the staff of, or attending at, a treatment centre or hospital in respect of any person receiving medical treatment at that centre or hospital if such a notice has already been given in respect of that person by a medical practitioner, authorised health professional or authorised nurse practitioner; or
(d) where an application has been made, or is being made, to the Secretary by the medical practitioner, authorised health professional or authorised nurse practitioner to place the person on a program for the treatment of drug dependency.



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