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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Therapeutic Goods and Other
Matters) Amendment Bill 2010
A BILL FOR
An Act to amend the Controlled
Substances Act 1984.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Controlled
Substances Act 1984
4Amendment of long title
5Amendment of
section 4—Interpretation
6Insertion of Part
2A
Part 2A—Application in South Australia of
Commonwealth therapeutic goods laws
Division 1—Applied
provisions
11AApplication of
Commonwealth therapeutic goods laws
11BInterpretation of Commonwealth therapeutic goods
laws
Division 2—Functions and powers
under applied provisions
11CFunctions and powers of Commonwealth
Minister
11DFunctions
and powers of Commonwealth Secretary
11ECommonwealth may retain fees paid to Commonwealth
Secretary
11FFunctions and powers of other
persons
11GDelegation
by Commonwealth Minister or Commonwealth
Secretary
11HAppointments under Commonwealth therapeutic goods
laws
Division 3—Offences against applied
provisions
11IApplication of Commonwealth
criminal laws to offences against applied
provisions
11JFunctions and powers conferred on certain
Commonwealth officers and authorities relating to
offences
11KNo double
jeopardy for offences against applied provisions
Division 4—Reviews and
appeals
11LDistrict Court
may sit with assessors
7Amendment of section 12—Declaration of
poisons, prescription drugs, drugs of dependence, controlled drugs
etc
8Amendment of section 13—Manufacture and
packing
9Amendment of section 14—Sale by
wholesale
10Amendment of section 15—Sale or supply
to end user
11Amendment of section 17B—Storage and
sale of certain precursors
12Amendment of section 17C—Regulation of
sale of certain precursors
13Amendment of section 18—Regulation of
prescription drugs
14Amendment of section 18A—Restriction of
prescription or supply of drug of dependence in certain circumstances
15Amendment of section 20—Prohibition of
automatic vending machines
16Amendment of section
23—Quality
17Amendment of section 24—Packaging and
labelling
18Amendment of section
25—Storage
19Amendment of section
26—Transport
20Amendment of section 27—Use
21Amendment of section 28—Prohibition of
advertisement
22Amendment of section 29—Regulation of
advertisement
23Amendment of section 31—Application of
Part
24Amendment of section 50—Authorised
officers
25Amendment of section 52—Power to search,
seize, etc
26Amendment of section
53—Analysis
27Amendment of section 56—Permits for
research etc
28Amendment of section
57A—Warnings
29Amendment of section 58—Publication of
information
30Amendment of section 60—Minister may
require certain information to be given
31Amendment of section
63—Regulations
Schedule 1—Statute law revision
amendments of Controlled Substances Act 1984
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Therapeutic Goods
and Other Matters) Amendment Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Controlled Substances
Act 1984
Long title—delete "therapeutic and other substances, and of certain
therapeutic devices;" and substitute:
medicines and other substances, and of certain medical devices; to apply
certain laws of the Commonwealth relating to therapeutic goods as laws of South
Australia;
5—Amendment
of section 4—Interpretation
(1) Section 4(1)—after the definition of analyst
insert:
applied provisions means the Commonwealth therapeutic goods
laws that apply as a law of South Australia by virtue of
section 11A;
(2) Section 4(1)—after the definition of commercial
quantity insert:
Commonwealth Act means the Therapeutic Goods
Act 1989 of the Commonwealth;
Commonwealth Minister means the Minister of the Commonwealth
responsible for the administration of the Commonwealth therapeutic goods
laws;
Commonwealth Secretary means the Secretary of the Department
of the Commonwealth that is, under the Commonwealth Minister, responsible for
the administration of the Commonwealth therapeutic goods laws;
Commonwealth therapeutic goods laws means the Commonwealth
Act and the regulations, orders and manufacturing principles under that
Act;
(3) Section 4(1)—after the definition of manufacture
insert:
medical device has the same meaning as in the applied
provisions;
(4) Section 4(1)—after the definition of medical
practitioner insert:
medicine has the same meaning as in the applied
provisions;
midwife means a person registered under the Health
Practitioner Regulation National Law to practise in the nursing and
midwifery profession as a midwife (other than as a student);
(5) Section 4(1)—after the definition of nurse
insert:
nurse practitioner means a nurse whose registration under the
Health Practitioner Regulation National Law is endorsed as being
qualified to practise as a nurse practitioner;
(6) Section 4(1)—after the definition of product
insert:
registered health practitioner has the same meaning as in the
Health Practitioner Regulation National Law;
(7) Section 4(1), definitions of therapeutic device and
therapeutic substance—delete the definitions
After Part 2 insert:
Part 2A—Application in South Australia of
Commonwealth therapeutic goods laws
Division 1—Applied
provisions
11A—Application of Commonwealth therapeutic goods
laws
(1) The Commonwealth therapeutic goods laws, as in force for the time
being and as modified by or under this Part, apply as a law of South
Australia.
(2) Those Commonwealth therapeutic goods laws so apply as if they extended
to—
(a) things done or omitted to be done by persons who are not corporations;
and
(b) things done or omitted to be done in the course of trade and commerce
within the limits of South Australia.
(3) For the purposes of this section, the Commonwealth therapeutic goods
laws are modified as follows:
(a) a reference to the Federal Court or the Federal Court of Australia is
to be read as a reference to the District Court of South Australia;
(b) a reference to the Administrative Appeals Tribunal is to be read as a
reference to the Administrative and Disciplinary Division of the District Court
of South Australia;
(c) a reference to a prescribed court is to be read as a reference to a
prescribed court excluding the Federal Court;
(d) any other modifications specified by the regulations.
(4) To the extent of any inconsistency between the applied provisions and
this Act, the applied provisions prevail.
11B—Interpretation of Commonwealth therapeutic
goods laws
(1) The Acts Interpretation Act 1901 of the Commonwealth, as in
force for the time being—
(a) applies as a law of South Australia in relation to the interpretation
of the applied provisions; and
(b) so applies as if the applied provisions were an Act of the
Commonwealth or regulations or orders under a Commonwealth Act, as the case
requires.
(2) The Acts
Interpretation Act 1915 does not apply to the applied
provisions.
Division 2—Functions and powers under applied
provisions
11C—Functions and powers of Commonwealth
Minister
The Commonwealth Minister has the same functions and powers under the
applied provisions as that Minister has under the Commonwealth therapeutic goods
laws as those laws apply to the Commonwealth.
11D—Functions and powers of Commonwealth
Secretary
(1) The Commonwealth
Secretary has the same functions and powers under the applied provisions as that
Secretary has under the Commonwealth therapeutic goods laws as those laws apply
to the Commonwealth.
(2) Without limiting
subsection (1), the
Commonwealth Secretary has the function of including goods in the Australian
Register of Therapeutic Goods kept under the applied provisions and is
authorised to cancel the inclusion of goods in that Register in accordance with
those provisions.
11E—Commonwealth may retain fees paid to
Commonwealth Secretary
The Commonwealth may retain fees paid to, or recovered by, the Commonwealth
Secretary in respect of the performance or exercise of functions or powers
conferred on the Commonwealth Secretary by the applied provisions.
11F—Functions and powers of other
persons
An authorised person, authorised officer or official analyst appointed
under the Commonwealth therapeutic goods laws has the same functions and powers
under the applied provisions as that person, officer or analyst has under the
Commonwealth therapeutic goods laws as those laws apply to the
Commonwealth.
11G—Delegation by Commonwealth Minister or
Commonwealth Secretary
Any delegation by the Commonwealth Minister or the Commonwealth Secretary
under section 57 of the Commonwealth Act is taken to extend to, and have
effect for the purposes of, the corresponding provision of the applied
provisions.
11H—Appointments under Commonwealth therapeutic
goods laws
The appointment of a person to an office or position under a provision of
the Commonwealth therapeutic goods laws is taken to extend to, and have effect
for the purposes of, the applied provisions.
Division 3—Offences against applied
provisions
11I—Application of Commonwealth criminal laws to
offences against applied provisions
(1) The relevant Commonwealth laws apply as laws of South Australia in
relation to any offence committed against the applied provisions as if the
applied provisions were a law of the Commonwealth and not a law of South
Australia.
(2) For the purposes of
a law of South Australia, an offence against the applied
provisions—
(a) is taken to be an offence against the laws of the Commonwealth in the
same way as if the applied provisions were a law of the Commonwealth;
and
(b) is taken not to be an offence against the laws of South
Australia.
(3)
Subsection (2) has
effect for the purposes of a law of South Australia except as prescribed by the
regulations.
11J—Functions and powers conferred on certain
Commonwealth officers and authorities relating to offences
(1) A provision of the
applied provisions applying because of
section 11I that confers
on a Commonwealth officer or authority a function or power in relation to an
offence against the Commonwealth therapeutic goods laws also confers on the
officer or authority the same function or power in relation to an offence
against the corresponding provision of the applied provisions.
(2) In performing a function, or exercising a power, conferred by
subsection (1), the
Commonwealth officer or authority must act as nearly as is practicable as the
officer or authority would act in performing or exercising the same function or
power in relation to an offence against the corresponding provision of the
Commonwealth therapeutic goods laws.
11K—No double jeopardy for offences against applied
provisions
If—
(a) an act or omission is both an offence against the applied provisions
and an offence against the Commonwealth therapeutic goods laws; and
(b) the offender has been punished for that offence under the Commonwealth
therapeutic goods laws,
the offender is not liable to be punished for that offence under the
applied provisions.
Division 4—Reviews and
appeals
11L—District Court may sit with
assessors
(1) In proceedings
for review by or on an appeal to the Administrative and Disciplinary Division of
the District Court under the applied provisions, the Court will, if a Judge of
the Court so determines, sit with assessors.
(2) For the purposes of this section, if a Judge of the Court determines
that the Court is to sit with assessors—
(a) the Minister must establish a panel of persons who may sit as
assessors; and
(b) a member of the panel will hold office on terms and conditions
specified by the Minister in the instrument of appointment (and a member of the
panel whose term of office expires is eligible for reappointment); and
(c) subject to
paragraph (d),
if assessors are to sit with the District Court, the Judge of the Court on the
appeal will select 2 members of the panel to sit with the Court in the
proceedings; and
(d) a member of the
panel who has a personal or direct or indirect pecuniary interest in a matter
before the District Court is disqualified from participating in proceedings
relating to the matter; and
(e) if an assessor dies or is for any reason unable to continue with any
proceedings, the District Court constituted of the judicial officer who is
presiding at the proceedings and the other assessor may, if the judicial officer
so determines, continue and complete the proceedings.
7—Amendment
of section 12—Declaration of poisons, prescription drugs, drugs of
dependence, controlled drugs etc
(1) Section 12(5) and (6)—delete subsections (5)
and (6)
(2) Section 12(8)—delete ", drug of dependence, therapeutic
substance or therapeutic device" and substitute:
or drug of dependence
8—Amendment
of section 13—Manufacture and packing
(1) Section 13(1)—delete "therapeutic substance or therapeutic
device" and substitute:
medicine or medical device
(2) Section 13(1)(a)—delete "medical practitioner, pharmacist,
dentist" and substitute:
registered health practitioner
(3) Section 13(2)—delete "drugs of dependence), therapeutic
substances or therapeutic devices" and substitute:
prescription drugs), medicines or medical devices
9—Amendment
of section 14—Sale by wholesale
(1) Section 14(1)—delete "therapeutic substance or therapeutic
device" and substitute:
medicine or medical device
(2) Section 14(2)—delete "drugs of dependence), therapeutic
substances or therapeutic devices" and substitute:
prescription drugs), medicines or medical devices
10—Amendment
of section 15—Sale or supply to end user
(1) Section 15(1)—delete "therapeutic substance or therapeutic
device" and substitute:
medicine or medical device
(2) Section 15(1)(a)—delete "pharmacist, medical practitioner,
dentist" and substitute:
registered health practitioner
(3) Section 15(2)—delete "drugs of dependence), therapeutic
substances or therapeutic devices" and substitute:
prescription drugs), medicines or medical devices
11—Amendment
of section 17B—Storage and sale of certain precursors
Section 17B(5)(b)—delete "medical practitioner, dentist, veterinary
surgeon, pharmacist or nurse acting in the ordinary course of his or her
profession or a member of any other prescribed profession acting in the ordinary
course of that profession" and substitute:
registered health practitioner or veterinary surgeon acting in the ordinary
course of his or her profession
12—Amendment
of section 17C—Regulation of sale of certain
precursors
Section 17C(3)(b)—delete "medical practitioner, dentist, veterinary
surgeon, pharmacist or nurse acting in the ordinary course of his or her
profession or a member of any other prescribed profession acting in the ordinary
course of that profession" and substitute:
registered health practitioner or veterinary surgeon acting in the ordinary
course of his or her profession
13—Amendment
of section 18—Regulation of prescription drugs
(1) Section 18(1) and (2)—delete subsections (1) and (2)
and substitute:
(1) A person must not prescribe a prescription drug (not being a drug of
dependence) except as follows:
(a) a registered health practitioner may prescribe a prescription drug
(not being a drug of dependence) for a person if he or she is acting in the
ordinary course of the practitioner's profession and—
(i) the practitioner is a dentist, medical practitioner or nurse
practitioner; or
(ii) the practitioner's registration is endorsed under section 94 of
the Health Practitioner Regulation National Law as being qualified to
prescribe a scheduled medicine or class of scheduled medicines and the drug is a
scheduled medicine or of a class of scheduled medicines specified in the
endorsement; or
(iii) the practitioner is authorised to prescribe the drug by the
regulations;
(b) a veterinary surgeon may prescribe a prescription drug (not being a
drug of dependence) for an animal if the veterinary surgeon is acting in the
ordinary course of the veterinary surgeon's profession;
(c) a person may prescribe a prescription drug (not being a drug of
dependence) for a person or an animal if licensed to do so by the
Minister.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1a) A person must not sell a prescription drug (not being a drug of
dependence) by wholesale except as follows:
(a) a pharmacist may sell a prescription drug (not being a drug of
dependence) by wholesale if the pharmacist is acting in the ordinary course of
the pharmacist's profession;
(b) a person may sell a prescription drug (not being a drug of dependence)
by wholesale if licensed to do so by the Minister.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1b) A person must not sell a prescription drug (not being a drug of
dependence) by retail except as follows:
(a) a pharmacist may sell a prescription drug (not being a drug of
dependence) by retail if the pharmacist—
(i) is dispensing the drug on the prescription of a person of a class
authorised to prescribe the drug; and
(ii) is acting in the ordinary course of the pharmacist's
profession;
(b) a registered health practitioner may sell a prescription drug (not
being a drug of dependence) by retail if the practitioner is acting in the
ordinary course of the practitioner's profession and—
(i) the practitioner is a dentist, medical practitioner or nurse
practitioner; or
(ii) the practitioner's registration is endorsed under section 94 of
the Health Practitioner Regulation National Law as being qualified to
sell a scheduled medicine or class of scheduled medicines and the drug is a
scheduled medicine or of a class of scheduled medicines specified in the
endorsement; or
(iii) the practitioner is authorised to sell the drug by the
regulations;
(c) a veterinary surgeon may sell a prescription drug (not being a drug of
dependence) by retail if the veterinary surgeon is acting in the ordinary course
of the veterinary surgeon's profession;
(d) a person may sell a prescription drug (not being a drug of dependence)
by retail if the person is licensed to do so by the Minister.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1c) A person must not supply a prescription drug (not being a drug of
dependence) to another person except as follows:
(a) a pharmacist may supply a prescription drug (not being a drug of
dependence) to a person if the pharmacist—
(i) is dispensing the drug on the prescription of a person of a class
authorised to prescribe the drug; and
(ii) is acting in the ordinary course of the pharmacist's
profession;
(b) a registered health practitioner may supply a prescription drug (not
being a drug of dependence) to a person if the practitioner is acting in the
ordinary course of the practitioner's profession and—
(i) the practitioner is a dentist, medical practitioner, nurse or midwife;
or
(ii) the practitioner's registration is endorsed under section 94 of
the Health Practitioner Regulation National Law as being qualified to
supply a scheduled medicine or class of scheduled medicines and the drug is a
scheduled medicine or of a class of scheduled medicines specified in the
endorsement; or
(iii) the practitioner is authorised to supply the drug by the
regulations;
(c) a veterinary surgeon may supply a prescription drug (not being a drug
of dependence) to a person for an animal if the veterinary surgeon is acting in
the ordinary course of the veterinary surgeon's profession;
(d) a person may supply a prescription drug (not being a drug of
dependence) to another person if licensed to do so by the Minister.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1d) A person must not administer a prescription drug (not being a drug of
dependence) to another person or an animal except as follows:
(a) a registered health practitioner may administer a prescription drug
(not being a drug of dependence) to a person if the practitioner is acting in
the ordinary course of the practitioner's profession and—
(i) the practitioner is a dentist, medical practitioner, nurse or midwife;
or
(ii) the practitioner's registration is endorsed under section 94 of
the Health Practitioner Regulation National Law as being qualified to
administer a scheduled medicine or class of scheduled medicines and the drug is
a scheduled medicine or of a class of scheduled medicines specified in the
endorsement; or
(iii) the practitioner is authorised to administer the drug by the
regulations;
(b) a veterinary surgeon may administer a prescription drug (other than a
drug of dependence) to an animal if the veterinary surgeon is acting in the
ordinary course of the veterinary surgeon's profession;
(c) a person may administer to another person or an animal a prescription
drug (not being a drug of dependence) if the drug has been lawfully prescribed
for that other person or that animal;
(d) a person may administer a prescription drug (not being a drug of
dependence) to another person if licensed to do so by the Minister.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1e) A person must not manufacture or pack a prescription drug (not being
a drug of dependence) except as follows:
(a) a pharmacist may manufacture or pack a prescription drug (not being a
drug of dependence) if the pharmacist is acting in the ordinary course of the
pharmacist's profession;
(b) a registered health practitioner may manufacture or pack a
prescription drug (not being a drug of dependence) if the practitioner is acting
in the ordinary course of the practitioner's profession and—
(i) the practitioner is a dentist, medical practitioner or nurse
practitioner; or
(ii) the practitioner's registration is endorsed under section 94 of
the Health Practitioner Regulation National Law as being qualified to
sell, supply or administer a scheduled medicine or class of scheduled medicines,
the drug is a scheduled medicine or of a class of scheduled medicines specified
in the endorsement and the manufacture or packing is incidental to the sale,
supply or administration of the drug; or
(iii) the practitioner is authorised to manufacture or pack the drug by
the regulations;
(c) a veterinary surgeon may manufacture or pack a prescription drug (not
being a drug of dependence) if the veterinary surgeon is acting in the ordinary
course of the veterinary surgeon's profession;
(d) a person may manufacture or pack a prescription drug (not being a drug
of dependence) if licensed to do so by the Minister;
(e) a person may manufacture or pack a prescription drug (not being a drug
of dependence) if—
(i) the drug has been lawfully prescribed for the person, another person
or an animal; and
(ii) the manufacture or packing is incidental to the administration of the
drug as so prescribed.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) A person must not prescribe, supply or administer a prescribed
prescription drug unless the person has the qualifications or meets the
requirements specified in the regulations for the purposes of this
subsection.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) Section 18—after subsection (4) insert:
(5) In this section—
manufacture, in relation to a substance, means undertake any
process by which the substance is extracted, produced, refined, separated into
discrete units or otherwise prepared.
14—Amendment
of section 18A—Restriction of prescription or supply of drug of dependence
in certain circumstances
(1) Section 18A—before subsection (1) insert:
(a1) A person must not prescribe for a person or an animal a drug of
dependence except as follows:
(a) a registered health practitioner may prescribe a drug of dependence
for a person if the practitioner is acting in the ordinary course of the
practitioner's profession and—
(i) the practitioner is a dentist, medical practitioner or nurse
practitioner; or
(ii) the practitioner is a registered health practitioner whose
registration is endorsed under section 94 of the Health Practitioner
Regulation National Law as being qualified to prescribe a scheduled medicine
or class of scheduled medicines and the drug is a scheduled medicine or of a
class of scheduled medicines specified in the endorsement; or
(iii) the practitioner is authorised to prescribe the drug by the
regulations;
(b) a veterinary surgeon may prescribe a drug of dependence for an animal
if the veterinary surgeon is acting in the ordinary course of the veterinary
surgeon's profession.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) Section 18A(1)—delete "medical practitioner or dentist" wherever
occurring and substitute in each case:
registered health practitioner
(3) Section 18A(1)—delete "or dentist's"
(4) Section 18A(1)—delete "practitioner or dentist" wherever
occurring and substitute in each case:
practitioner
(5) Section 18A(2)(b)(i)—delete "medical practitioner's or
dentist's" and substitute:
practitioner's
(6) Section 18A(3)(a)—delete "medical practitioner or dentist" and
substitute:
registered health practitioner
(7) Section 18A(4)—delete "medical practitioner or dentist" and
substitute:
registered health practitioner
(8) Section 18A(5)(a)—delete "medical practitioner or dentist" and
substitute:
practitioner
(9) Section 18A(6)—delete "temporary authority to a person" and
substitute:
registered health practitioner authorised to prescribe a drug of dependence
a temporary authority
15—Amendment
of section 20—Prohibition of automatic vending
machines
(1) Section 20—delete "therapeutic substance or therapeutic device"
wherever occurring and substitute in each case:
medicine or medical device
(2) Section 20(2)—after "regulation" insert:
or in circumstances prescribed by regulation
16—Amendment
of section 23—Quality
Section 23(1)—delete "therapeutic substance or therapeutic device"
and substitute:
medicine or medical device
17—Amendment
of section 24—Packaging and labelling
Section 24—delete "therapeutic substance or therapeutic device" and
substitute:
medicine or medical device
18—Amendment
of section 25—Storage
Section 25—delete "therapeutic substance or therapeutic device" and
substitute:
medicine or medical device
19—Amendment
of section 26—Transport
Section 26—delete "therapeutic substance or therapeutic device" and
substitute:
medicine or medical device
20—Amendment
of section 27—Use
Section 27—delete "therapeutic substance or therapeutic device"
wherever occurring and substitute in each case:
medicine or medical device
21—Amendment
of section 28—Prohibition of advertisement
(1) Section 28(1)—delete "therapeutic substance or therapeutic
device" and substitute:
controlled drug, medicine or medical device
(2) Section 28(2)—delete "therapeutic substances and therapeutic
devices" and substitute:
controlled drugs, medicines and medical devices
22—Amendment
of section 29—Regulation of advertisement
Section 29—delete "therapeutic substance or therapeutic device" and
substitute:
medicine or medical device
23—Amendment
of section 31—Application of Part
Section 31(1)(a)—delete paragraph (a) and substitute:
(a) the manufacture, sale or supply of a poison, or the sale or supply of
equipment for use in connection with the consumption or administration of a
poison, by a pharmacist if the pharmacist is acting in the ordinary course of
the pharmacist's profession; or
(ab) the sale by retail of a poison, or of equipment for use in connection
with the consumption or administration of a poison, by a registered health
practitioner if the practitioner is acting in the ordinary course of the
practitioner's profession and—
(i) the practitioner is a dentist, medical practitioner or nurse
practitioner; or
(ii) the practitioner's registration is endorsed under section 94 of
the Health Practitioner Regulation National Law as being qualified to
sell a scheduled medicine or class of scheduled medicines and the poison is a
scheduled medicine or of a class of scheduled medicines specified in the
endorsement; or
(iii) the practitioner is authorised to sell the poison by the
regulations; or
(ac) the supply of a poison, or of equipment for use in connection with
the consumption or administration of a poison, by a registered health
practitioner if the practitioner is acting in the ordinary course of the
practitioner's profession and—
(i) the practitioner is a dentist, medical practitioner, nurse or midwife;
or
(ii) the practitioner's registration is endorsed under section 94 of
the Health Practitioner Regulation National Law as being qualified to
supply a scheduled medicine or class of scheduled medicines and the poison is a
scheduled medicine or of a class of scheduled medicines specified in the
endorsement; or
(iii) the practitioner is authorised to supply the poison by the
regulations; or
(ad) the administration of a poison by a registered health practitioner if
the practitioner is acting in the ordinary course of the practitioner's
profession and—
(i) the practitioner is a dentist, medical practitioner, nurse or midwife;
or
(ii) the practitioner's registration is endorsed under section 94 of
the Health Practitioner Regulation National Law as being qualified to
administer a scheduled medicine or class of scheduled medicines and the poison
is a scheduled medicine or of a class of scheduled medicines specified in the
endorsement; or
(iii) the practitioner is authorised to administer the poison by the
regulations; or
(ae) the manufacture, sale, supply or administration of a poison, or the
sale or supply of equipment for use in connection with the consumption or
administration of a poison, by a veterinary surgeon if the veterinary surgeon is
acting in the ordinary course of the veterinary surgeon's profession;
or
(af) the possession of a poison or equipment if that possession is
incidental to an activity described in a preceding paragraph; or
(ag) the manufacture, sale, supply, administration or possession of a
substance, or the sale, supply or possession of equipment, by a person who is
acting in accordance with a licence or permit issued by the Minister under this
Act; or
24—Amendment
of section 50—Authorised officers
Section 50(2)—delete "in the prescribed form"
25—Amendment
of section 52—Power to search, seize, etc
(1) Section 52(4)—delete "an officer of police, a special magistrate
or a" and substitute:
a senior police officer, magistrate or
(2) Section 52(4)(a)—delete "medical practitioner, pharmacist,
dentist" and substitute:
registered health practitioner
(3) Section 52(4)(c)—delete "therapeutic substances, therapeutic
devices" and substitute:
medicines, medical devices
(4) Section 52(5)—delete "An officer of police, special magistrate"
and substitute:
A senior police officer, magistrate
26—Amendment
of section 53—Analysis
Section 53(2)—delete "therapeutic substance" and
substitute:
medicine
27—Amendment
of section 56—Permits for research etc
Section 56(1)—delete "therapeutic substance or therapeutic device"
and substitute:
medicine or medical device
28—Amendment
of section 57A—Warnings
(1) Section 57A(2)(a)—delete "therapeutic substance" wherever
occurring and substitute in each case:
medicine
(2) Section 57A(2)(b)—delete paragraph (b) and substitute:
(b) in relation to a device, if the device is a medical device or is a
device that the Minister is satisfied is or may be used, or is designed to be
used, as a medical device.
29—Amendment
of section 58—Publication of information
(1) Section 58(1)—delete "therapeutic substances" and
substitute:
medicines
(2) Section 58(1)—delete "therapeutic substance or therapeutic
device" and substitute:
medicine or medical device
(3) Section 58(1)(b) to (e)—delete paragraphs (b) to (e) inclusive
and substitute:
(b) registered health practitioners; and
(c) veterinary surgeons; and
30—Amendment
of section 60—Minister may require certain information to be
given
(1) Section 60(2)—delete "medical practitioner, dentist, veterinary
surgeon, pharmacist, nurse" and substitute:
registered health practitioner, veterinary surgeon
(2) Section 60(2)(a)—delete "medical practitioner, dentist,
veterinary surgeon or nurse" and substitute:
registered health practitioner (other than a pharmacist) or veterinary
surgeon
31—Amendment
of section 63—Regulations
(1) Section 63—delete "therapeutic substance , therapeutic device"
wherever occurring and substitute in each case:
medicine, medical device
(2) Section 63—delete "therapeutic substance or therapeutic device"
wherever occurring and substitute in each case:
medicine or medical device
(3) Section 63(4)(a)—after "prescribing," insert:
administration,
(4) Section 63(4)—after paragraph (b) insert:
(ba) regulate the installation, sale, supply or operation of an automatic
vending machine for the sale or supply of a poison, medicine or medical device
(in circumstances in which that is not prohibited);
(5) Section 63(4)(e)—delete "application for, grant," and
substitute:
classes, application for, grant, term,
(6) Section 63(4)(h)—after "this Act" insert:
or the applied provisions
(7) Section 63—after subsection (6) insert:
(7) The regulations may provide that a matter or thing in respect of which
regulations may be made is to be determined according to the discretion of the
Minister.
Schedule 1—Statute
law revision amendments of Controlled Substances
Act 1984
|
Provision amended |
How amended |
|---|---|
|
Act |
Delete "member of the police force" and substitute: police officer |
|
section 4(1), definition of the Advisory Council |
Delete "the" from the defined term |
|
section 4(1), definition of the Department |
Delete "the" from the defined term |
|
section 4(1), definition of veterinary surgeon |
Delete "Veterinary Surgeons Act 1985" and substitute: |
|
section 6(2) |
Delete "upon" and substitute: on |
|
section 6(2)(a) |
Delete "South Australian Health Commission Act 1976" and
substitute: |
|
section 6(4) |
Delete "Where" and substitute: If |
|
section 7(1) |
Delete "upon" and substitute: on |
|
section 7(4) |
Delete "Upon" and substitute: On |
|
section 11(3) |
Delete "upon" and substitute: on |
|
section 16(3) |
Delete "Where" and substitute: If |
|
section 21(4) |
Delete "Upon" and substitute: On |
|
section 33O(2) |
Delete "Where" and substitute: If |
|
section 36(1) |
Delete "Where" and substitute: If |
|
section 44(1) |
Delete "upon" and substitute: on |
|
section 45 |
Delete "Where" and substitute: If |
|
section 50(3) |
Delete "upon" and substitute: on |
|
section 52(1)(b) |
Delete "where" and substitute: if |
|
section 52(2)(i) |
Delete "where" and substitute: if |
|
section 52(4) and (5) |
Delete "upon" wherever occurring and substitute in each case: on |
|
section 52(9) |
Delete "Where" and substitute: If |
|
section 52B |
Delete "km" and substitute: kilometres |
|
section 52B(5) |
Delete "Where" and substitute: If |
|
section 52B(7) and (9) |
Delete "members of the police force" wherever occurring and substitute in
each case: police officers |
|
section 52E(6a) |
Delete "Where" and substitute: If |
|
Section 52E(13), definition of the prescribed
period |
Delete "the" from the defined term |
|
section 53(3) |
Delete "upon" and substitute: on |
|
section 55(2a) |
Delete "Where" and substitute: If |
|
section 55(3) |
Delete "Upon" and substitute: On |
|
section 57(1) |
Delete "Where" and substitute: If |
|
section 57(3) |
Delete "upon" and substitute: on |
|
section 60(2) |
Delete "Where" and substitute: If |
|
section 62 |
Delete the section |
|
section 63(3) |
Delete "upon" and substitute: on |