Law Information - Other Criminal Offences - TAS

Sale and supply of potent substances and hazardous and medicinal poisons

Date: 09/01/2009

The Law -

Poisons Act 1971 – SECT 26

26. Sale and supply of potent substances and hazardous and medicinal poisons

(1) Subject to section 47A, a person must not sell or supply to another person a substance to which this section applies unless the first person is –

(a) the holder of a licence in force under section 27 to sell or supply that substance; or

(b) a person authorised under subsection (1A) or subsection (1AB).

(1A) A registered medical practitioner, pharmaceutical chemist, licensed manufacturing chemist, licensed wholesale chemist, dentist or veterinary surgeon, in the lawful practice of his or her profession or business, is authorised to sell or supply to another person a substance to which this section applies.

(1AB) An authorised nurse practitioner in the lawful practice of his or her profession and to the extent of any authorisation conferred on him or her under is authorised to sell or supply to another person a substance to which this section applies.

(1B) Subject to section 47A, a person must not sell or supply a restricted substance to another person unless the first person is a person authorised under subsection (1C) or subsection (1D).

(1C) A registered medical practitioner, dentist or veterinary surgeon, in the lawful practice of his or her profession or business, is authorised to sell or supply a restricted substance to another person.

(1D) An authorised nurse practitioner in the lawful practice of his or her profession and to the extent of any authorisation conferred on him or her under section 25B is authorised to sell or supply a restricted substance to another person.

In this section, "substance to which this section applies" means a substance that is –

(a) a hazardous poison;

(b) a medicinal poison; or

(c) a potent substance.

What the prosecution must prove - Sale and supply of potent substances and hazardous and medicinal poisons

(a) The person sold or supplied a hazardous poison; a medicinal poison; a potent substance; a restricted substance.

(b) The person was not authorised to sell or supply the above.

The Maximum Penalty for Sale and supply of potent substances and hazardous and medicinal poisons is

For s 26(1)

Fine not exceeding 10 penalty units.

For (1B)

Fine not exceeding 20 penalty units.

Possible Defences - Sale and supply of potent substances and hazardous and medicinal poisons

(a) These provisions do not apply to or in relation to the supply, by way of free distribution, of clinical samples of a substance to which this section applies or of a restricted substance to medical practitioners, dentists, or veterinary surgeons by persons engaged in the manufacture of, or wholesale dealing in, any such substance where the distribution is made to the medical practitioner, dentist, or veterinary surgeon personally or by posting, by registered post, a letter or parcel containing the substance addressed to the medical practitioner, dentist, or veterinary surgeon.

(b) Duress

(c) Factual dispute

(d) Identification dispute

(e) Lack of intent

(f) Mental impairment

(g) Necessity

(h) Mistake

The Court process - Sale and supply of potent substances and hazardous and medicinal poisons

Magistrates Court