(3) A registered medical practitioner or a nurse
practitioner must apply to the Secretary for a
Schedule 8 permit if—
(a) the practitioner—
(i)
has reason to believe that one of his or
her patients who is not a drugdependent
person has been, or is
currently being, administered, supplied
or prescribed a Schedule 8 poison by
one or more other practitioners; and
(ii)
considers it is necessary to administer,
supply or prescribe a Schedule 8 poison
to or for that patient; and
(b) the total period of administration, supply or
prescription of a Schedule 8 poison to that
patient would be a continuous period greater
than 8 weeks, taking into account any period
of administration, supply or prescription
referred to in paragraph (a)(i) together with
the period of administration, supply or
prescription of a Schedule 8 poison to or for
that patient by the practitioner.
(4) An application for a Schedule 8 permit must be in
the prescribed form.
34A Schedule 8 permit
(1) On receiving an application under section 34, the
Secretary may issue a permit to a registered
medical practitioner or a nurse practitioner
authorising the practitioner—
(a) to administer, supply or prescribe a
Schedule 8 poison to or for a drug-dependent
person; or
(b) to administer, supply or prescribe a
Schedule 8 poison to or for a person other
than a drug-dependent person for a
continuous period greater than 8 weeks.
(2) A Schedule 8 permit must be in the prescribed
form.
(3) The Secretary may at any time amend, suspend or
revoke a Schedule 8 permit and any permit which
is suspended or revoked ceases to have effect.
34B Offence to administer etc. Schedule 8 poisons to
drug-dependent person
A registered medical practitioner or a nurse
practitioner must not at any time administer,
supply or prescribe a Schedule 8 poison to or for a
person he or she has reason to believe to be a
drug-dependent person unless the practitioner
(a) holds a Schedule 8 permit for that
administration, supply or prescription to or
for that person; or
(b) is otherwise authorised by or under this Act
to do so.
Penalty: 100 penalty units.
34C Offence to administer etc. Schedule 8 poisons to
person who is not a drug-dependent person
(1) A registered medical practitioner or a nurse
practitioner must not administer, supply or
prescribe a Schedule 8 poison to or for a person
who is not a drug-dependent person for a
continuous period greater than 8 weeks unless the
practitioner
(a) holds a Schedule 8 permit for that
administration, supply or prescription to or
for that person; or
(b) is otherwise authorised by or under this Act
to do so.
Penalty: 100 penalty units.
(2) Subject to subsection (3), unless otherwise
authorised by or under this Act to do so, a
registered medical practitioner or a nurse
practitioner must not administer, supply or
prescribe a Schedule 8 poison to or for a person
who is not a drug-dependent person without a
Schedule 8 permit if the total period of
administration, supply or prescription of the
Schedule 8 poison to or for that person would be a
continuous period greater than 8 weeks, taking
into account the total of—
(a) any period of administration, supply or
prescription of a Schedule 8 poison to or for
that person that the practitioner has reason to
believe has been, or is currently being,
administered, supplied or prescribed by one
or more other practitioners; and
(b) the period of administration, supply or
prescription of a Schedule 8 poison to or for
that patient by the practitioner.
Penalty: 100 penalty units.
(3) A registered medical practitioner or a nurse
practitioner who has applied for a Schedule 8
permit under section 34(3) is authorised to
administer, supply or prescribe a Schedule 8
poison to or for a person who is not a drugdependent
person in respect of whom the
application relates without a Schedule 8 permit for
the purposes of ensuring continuity of that
person's treatment until
(a) the Schedule 8 permit is issued; or
(b) the Secretary refuses to issue the permit.
34D Exception to Schedule 8 permit requirement—
specified medical conditions
Despite section 34C(1), a registered medical
practitioner or a nurse practitioner is authorised to
administer, supply or prescribe a Schedule 8
poison to or for a person who is not a drugdependent
person during a continuous period
greater than 8 weeks without a Schedule 8 permit
if
(a) the administration, supply or prescription of
that Schedule 8 poison is to treat that person
for a medical condition in the circumstances
(if any) specified by the Secretary in
accordance with section 35A; and
(b) the registered medical practitioner or the
nurse practitioner has given written notice of
that administration, supply or prescription to
the Secretary.
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No. 9719 of 1981
73
34E Exceptions to Schedule 8 permit requirement—
multiple practitioners at medical clinic
(1) Despite section 34B, a registered medical
practitioner or a nurse practitioner at a multiplepractitioner
clinic is authorised to administer,
supply or prescribe a Schedule 8 poison to or for a
drug-dependent person without a Schedule 8
permit if
(a) the treatment is provided at the multiplepractitioner
clinic; and
(b) a Schedule 8 permit has been issued to
another registered medical practitioner or
another nurse practitioner at that multiplepractitioner
clinic to administer, supply or
prescribe the Schedule 8 poison to or for that
drug-dependent person; and
(c) the administration, supply or prescription of
the Schedule 8 poison is carried out in
accordance with that permit.
(2) Despite section 34C(1), a registered medical
practitioner or a nurse practitioner at a multiplepractitioner
clinic is authorised to administer,
supply or prescribe a Schedule 8 poison to or for a
person who is not a drug-dependent person during
a continuous period greater than 8 weeks without
a Schedule 8 permit if
(a) the treatment is provided at the multiplepractitioner
clinic; and
(b) a Schedule 8 permit has been issued to
another registered medical practitioner or
another nurse practitioner at that multiplepractitioner
clinic to administer, supply or
prescribe the Schedule 8 poison to or for that
person; and
Drugs, Poisons and Controlled Substances Act 1981
No. 9719 of 1981
74
(c) the administration, supply or prescription of
the Schedule 8 poison is carried out in
accordance with that permit.
(3) Despite section 34C(2), a registered medical
practitioner or a nurse practitioner at a multiple
practitioner clinic is authorised to administer,
supply or prescribe a Schedule 8 poison to or for a
person who is not a drug-dependent person
without a Schedule 8 permit in the circumstances
set out in section 34C(2) if
(a) the treatment is provided at the multiplepractitioner
clinic; and
(b) a Schedule 8 permit has been issued to
another registered medical practitioner or
another nurse practitioner at that multiplepractitioner
clinic to administer, supply or
prescribe the Schedule 8 poison to or for that
person; and
(c) the administration, supply or prescription of
the Schedule 8 poison is carried out in
accordance with that permit.
34F Exception to Schedule 8 permit requirement—
patients in prisons, aged care services and hospitals
Despite sections 34B and 34C, a registered
medical practitioner or a nurse practitioner is
authorised to administer, supply or prescribe a
Schedule 8 poison to or for a person without a
Schedule 8 permit if that person is
(a) a prisoner being treated in a prison for the
period in prison and a period not exceeding 7
days after that prisoner's release from
custody; or
(b) a resident being treated in an aged care
service; or
(c) an in-patient being treated in a hospital.
s. 34F
S. 34F
inserted by
No. 17/2008
s. 8.
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No. 9719 of 1981
75
35 Offence not to comply with Schedule 8 permit
A registered medical practitioner or a nurse
practitioner must not administer, supply or
prescribe a Schedule 8 poison to or for one of his
or her patients in respect of whom a Schedule 8
permit has been issued—
(a) other than for the period specified in the
permit for that administration, supply or
prescription; or
(b) in excess of the quantity specified in the
permit