South Australian Numbered Acts

CONTROLLED SUBSTANCES (SERIOUS DRUG OFFENCES) AMENDMENT ACT 2005 (NO 80 OF 2005) - SECT 10

10—Insertion of section 18A

After section 18 insert:

18A—Restriction of supply of drug of dependence in certain circumstances

        (1)         A medical practitioner or dentist must not prescribe any drug of dependence for, or supply any drug of dependence to—

            (a)         a person for regular use by the person during a period exceeding 2 months, or during a period that, together with any other period for which a drug of dependence has, to the practitioner's or dentist's knowledge, been prescribed or supplied by a medical practitioner or dentist, would result in drugs of dependence being regularly used by the person during a period exceeding 2 months; or

            (b)         a person who the practitioner or dentist knows or has reasonable cause to believe is dependent on drugs,

unless the practitioner or dentist prescribes or supplies the drug in accordance with an authority granted by the Minister under this section or in circumstances that are exempted from this subsection by the regulations.

Maximum penalty: $4 000 or imprisonment for 4 years.

        (2)         For the purposes of this section, a person is dependent on drugs if—

            (a)         the person—

                  (i)         has acquired, as a result of the repeated administration of prescription drugs or controlled drugs, an overpowering desire for the continued administration of such drugs; and

                  (ii)         is likely to suffer mental or physical distress or disorder on cessation of the administration of such drugs; or

            (b)         the person has a history of consuming or using prescription drugs or controlled drugs in a quantity or manner that—

                  (i)         in the case of drugs lawfully supplied to the person—is contrary to the prescribing medical practitioner's or dentist's instructions relating to consumption or use of the drug; and

                  (ii)         in any case—presents a risk to the person's health.

        (3)         An application for the authority of the Minister to prescribe or supply a drug of dependence under this section must—

            (a)         be in writing and be signed by the medical practitioner or dentist who proposes to prescribe or supply the drug; and

            (b)         contain such information as may be prescribed.

        (4)         The Minister may give an authority to the medical practitioner or dentist by whom any such application is made to prescribe for or supply to the person to whom the application relates a drug of dependence specified in the authority for therapeutic purposes.

        (5)         Any such authority must be in writing and must specify—

            (a)         the quantity of the drug of dependence that may be so prescribed or supplied by the medical practitioner or dentist; and

            (b)         the period for which any such drug may be so prescribed or supplied.

        (6)         In the case of an emergency, a member or officer of the Department, authorised generally or specifically by the Minister to do so, may issue a temporary authority to a person to prescribe or supply a drug of dependence under this section.

        (7)         A temporary authority—

            (a)         may be applied for, and given, orally; and

            (b)         cannot operate in respect of a period longer than 2 months.

        (8)         An authority or temporary authority given under this section may be revoked by the Minister at any time by notice in writing given personally or by post to the holder of the authority or temporary authority.