(1)  Subject to this regulation, a person on a facility must not have, in his or her possession or under his or her control –

(a) a controlled substance; or

(b) an intoxicant.

Penalty:  Fine not exceeding 10 penalty units.

(2)  In proceedings for an offence under subregulation (1)(a) , it is a defence –

(a) that the controlled substance was a therapeutic drug; and

(b) that the person had the therapeutic drug in his or her possession or under his or her control –

(i) in accordance with the safety case in force for the facility; or

(ii) in the course of the person’s employment or duties; or

(iii) in the course of the person’s duties or practice as a qualified medical practitioner, a qualified nurse or a qualified pharmacist; or

(iv) in accordance with the law of a State in force in, or applied to, the adjacent area in which the facility is located; or

(v) where the person had lawfully acquired the therapeutic drug, for the person’s bona fide personal use.

(3)  In proceedings for an offence under subregulation (1)(b) , it is a defence that the person had the intoxicant in his or her possession or under his or her control in accordance with the safety case in force for the facility.