Document ID: chunk:federal_register_of_legislation:F2024C00988:reg:55
Version: federal_register_of_legislation:F2024C00988
Segment Type: reg
Provision Reference: reg 55
Character Range: 106557–107632

55  Presentation of urgent prescriptions
 (1) If:
 (a) a prescription for the supply of a pharmaceutical benefit is marked "Urgent"; and
 (b) in the case of a paper‑based prescription—that marking is initialled by the PBS prescriber writing the prescription;
the prescription may be presented at any time to an approved pharmacist at the premises in respect of which he or she is approved.
 (2) An approved pharmacist must supply a pharmaceutical benefit as soon as practicable if:
 (a) a prescription is presented to the pharmacist under subsection (1); and
 (b) any charge lawfully demanded for the prescription is paid.
 (3) An approved pharmacist commits an offence if he or she contravenes subsection (2).
Penalty: 0.2 penalty units.
 (4) An offence against subsection (3) is an offence of strict liability.
 (5) It is a defence to a prosecution for an offence against subsection (3) if the pharmacist had a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter referred to in subsection (5) (see section 13.3 of the Criminal Code).