Poisons and Therapeutic Goods Act 1966 (NSW)

Question 1

S. 4 Poisons and Therapeutic Goods Act 1966 – Prescribed:

Answer 1

In relation to the PTGA, means it is prescribed by this Act or the regulations, not by doctor!

Question 2

S. 4 Poisons and Therapeutic Goods Act 1966 - Restricted Substance:

Answer 2

Any substance specified in Schedule 4 of the Poisons List.

Question 3

C. 61 PTGR 2008 – Prescribed Restricted Substance:

Answer 3

Substances specified in Appendix D of the PTGR.

Examples of prescribed restricted substances:
• Valium (Diazepam)
• Serapax (Oxazepam)

Question 4

S. 43B (4) PTGA 1966 - Powers of detention and search:

Answer 4

(4) A member of the police force may stop, search and detain:
(a) any person in whose possession or under whose control the member reasonably suspects there is, in contravention of this Act, any prescribed restricted substance, or

(b) any vehicle in which the member reasonably suspects there is any prescribed restricted substance which is, in contravention of this Act, in the possession or under the control of any person.

Question 5

S. 16(1) PTGA 1966 – Possess prescribed restricted substances:

Answer 5

• The accused
• Possessed or attempted to obtain possession of
• A prescribed restricted substance

Question 6

S. 16(2) PTGA 1966 – Fraudulently alter/utter prescription:

Answer 6

• The accused
o forged or fraudulently altered or,
o uttered knowing it to be forged or fraudulently altered
• Any prescription of a medical practitioner, nurse, dentist or
vet
• Relating to any prescribed restricted substance

Question 7

S. 16(3) PTGA 1966 – False and misleading representations:

Answer 7

• The accused
• By a representation that the person knows, or ought reasonably to know is false/misleading and:
o obtains/attempts to obtain a prescription or,
o induces/attempts to induce a pharmacist to dispense a prescription, knowing the prescription to be forged or fraudulently altered.
• Is in actual possession of a prescription knowing it to be:
o forged or fraudulently altered or,
o obtained via false or misleading circumstances.

– Prescription = in relation to a prescribed restricted substance.