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Who must maintain controlled drugs register (Schedule 8 / 9)?

The applicability test for Maintain controlled drugs register (Schedule 8 / 9) (AHPRA and TGA), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Only if

Applies when the business has a pharmacy. Where the business has industry: Health practitioners or approved aged care provider status or a health service, check whether you hold Schedule 8 medicines.

What the obligation is

Pharmacies + medical practices must keep contemporaneous register of S8/S9 medicines.

State Poisons Acts + Regulations require controlled drugs registers for Schedule 8 (controlled drugs — e.g. morphine, methadone, oxycodone) and Schedule 9 (prohibited substances) medicines. Each acquisition + supply must be recorded with date, quantity, patient + prescriber. Annual stocktake + reconciliation.

The applicability test

Applies when the business has a pharmacy. Where the business has industry: Health practitioners or approved aged care provider status or a health service, check whether you hold Schedule 8 medicines.

How the regulator frames it: Pharmacies, hospitals, medical practices, veterinary practices handling S8/S9 medicines.

What triggers it: Acquiring or supplying S8/S9 medicines.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (3 of 35: only if a further fact applies; 32 of 35: no).

IndustryAnswer
Aged care providersOnly if a further fact applies
NDIS providersOnly if a further fact applies
Health practitionersOnly if a further fact applies
No32 other industries

Business structure and size

Structure does not change the answer in the 3 industries it can reach: for every structure the answer is "only if a further fact applies".

Size does not change the answer in the 3 industries it can reach: at every size band the answer is "only if a further fact applies".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a pharmacy.
  • Pty Ltd company in aged care providers with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you hold Schedule 8 medicines.

Answers that bring it into scope

Starting from a small or large professional services company that does not otherwise meet the test, each of these single facts changes the engine's answer:

  • The business is a registered NDIS provider: it becomes worth checking, because it applies only if you hold Schedule 8 medicines.
  • The business is an approved aged care provider: it becomes worth checking, because it applies only if you hold Schedule 8 medicines.

When you need to check further

The engine shows this obligation as "check whether this applies" when a business has industry: Health practitioners or approved aged care provider status or a health service. It then applies only if you hold Schedule 8 medicines. That fact is not something Rules Mate can infer from industry, structure or size.

What you must do, and when

When due
Per-event recording; annual reconciliation.
Frequency
Ongoing
Evidence to keep
Controlled drugs register; stocktake reports; police notification of theft/loss.
Status
Current
Priority
Critical

Penalty for not complying

Maximum penalty: State Poisons Act penalties + AHPRA notification + criminal liability for diversion.

Criminal liability

Breaches can be prosecuted as criminal offences, not only civil contraventions.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Where it sits in the corpus

Rules Mate tracks 2 published obligations tagged "pharmacy", 2 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Australian Health Practitioner Regulation Agency and Therapeutic Goods Administration.

AHPRA: Single national registration and accreditation scheme for 16 regulated health professions under the National Law.

TGA: Regulator of therapeutic goods — medicines, medical devices, biologicals, and blood products. Administers the Therapeutic Goods Act and ARTG.

Free tools that help with this obligation:

Questions

Who must maintain controlled drugs register (Schedule 8 / 9)?
Applies when the business has a pharmacy. Where the business has industry: Health practitioners or approved aged care provider status or a health service, check whether you hold Schedule 8 medicines.
Do sole traders need to maintain controlled drugs register (Schedule 8 / 9)?
Only if a further fact applies. Looking in the 3 industries it can reach and every size band, the engine's answer for a sole trader is: only if a further fact applies.
Do businesses with 1–5 employees need to maintain controlled drugs register (Schedule 8 / 9)?
Only if a further fact applies (1–5 employees, turnover $100K–$1M).
When is "Maintain controlled drugs register (Schedule 8 / 9)" due?
Per-event recording; annual reconciliation.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.