Victorian Numbered Regulations

DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2017 (SR NO 29 OF 2017) - REG 36

A registered medical practitioner must not sell or supply a Schedule 4 poison unless—

        (a)     that sale or supply is for medical treatment of a person—

              (i)     under the practitioner's care; and

              (ii)     to whom the poison is sold or supplied; and

        (b)     the practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison; and

        (c)     the poison is sold or supplied not merely for the purpose of supporting the drug dependence of a person; and

        (d)     if the poison is a drug of dependence or a Schedule 8 poison or a Schedule 9 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the poison is sold or supplied; and

        (e)     in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the practitioner holds a special Schedule 8 permit that authorises that sale or supply; and

        (f)     in the case of a Schedule 9 poison, the practitioner holds a general Schedule 9 permit, or a Schedule 9 permit, that authorises that sale or supply.

Penalty:     100 penalty units.

Notes

1     In certain circumstances, sections 34B and 34C of the Act will also prohibit the registered medical practitioner from supplying the Schedule 8 poison without a Schedule 8 permit.

2     If a registered medical practitioner holds a Schedule 9 permit, section 33C of the Act will also prohibit the practitioner from supplying the Schedule 9 poison other than for the period specified in the permit and within the quantity specified in the permit.