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TASMANIA
__________
POISONS AMENDMENT BILL (No. 2) 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 26 amended (Sale and supply of potent substances and
hazardous and medicinal poisons)
5. Section 47 amended (Sale and supply of narcotic substances,
prohibited plants, and prohibited substances)
6. Section 47A inserted
47A. Administration of medicinal poisons and potent,
restricted and narcotic substances
7. Part 5A renumbered
8. Sections 59A to 59G renumbered
9. Section 59G amended (Interpretation)
10. Schedule 1 amended (Membership of Poppy Advisory and
Control Board)
11. Schedule 2 amended (Meetings of Board)
12. Repeal of legislation
[Bill 53]-X
2
POISONS AMENDMENT BILL (No. 2) 2009
(Brought in by the Minister for Health, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Poisons Act 1971
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Poisons
Amendment Act (No. 2) 2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Poisons Act 1971* is referred to
as the Principal Act.
*No. 81 of 1971
[Bill 53] 3
Poisons Amendment Bill (No. 2) 2009
Act No. of
s. 4
4. Section 26 amended (Sale and supply of potent
substances and hazardous and medicinal poisons)
Section 26 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A" and
substituting "Subject to section 47A, a";
(b) by omitting from subsection (1B) "A"
and substituting "Subject to section 47A,
a".
5. Section 47 amended (Sale and supply of narcotic
substances, prohibited plants, and prohibited
substances)
Section 47(1) of the Principal Act is amended by
omitting "A" and substituting "Subject to
section 47A, a".
6. Section 47A inserted
After section 47 of the Principal Act, the
following section is inserted in Division 2:
47A. Administration of medicinal poisons and
potent, restricted and narcotic substances
(1) This section applies to the following:
(a) medicinal poisons;
(b) potent substances;
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Poisons Amendment Bill (No. 2) 2009
Act No. of
s. 7
(c) restricted substances;
(d) narcotic substances.
(2) Notwithstanding section 26(1) and (1B)
and section 47, the regulations may -
(a) allow for any poisons or
substances to which this section
applies to be administered by
such persons in such
circumstances as the regulations
prescribe; and
(b) prescribe conditions and
restrictions in respect of such
administration.
(3) In this section "administer" includes
making available for self-administration.
7. Part 5A renumbered
Part 5A of the Principal Act, as inserted by the
Poisons Amendment (Poppy Advisory and
Control Board) Act 2008, is renumbered as Part
VB.
8. Sections 59A to 59G renumbered
Sections 59A, 59B, 59C, 59D, 59E, 59F and
59G of the Principal Act, as inserted by the
Poisons Amendment (Poppy Advisory and
Control Board) Act 2008, are renumbered as
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Poisons Amendment Bill (No. 2) 2009
Act No. of
s. 9
sections 59G, 59H, 59I, 59J, 59K, 59L and 59M
respectively.
9. Section 59G amended (Interpretation)
Section 59G of the Principal Act is amended by
omitting "section 59B(1)" from the definition of
"Board" and substituting "section 59H(1)".
10. Schedule 1 amended (Membership of Poppy
Advisory and Control Board)
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting "section 59B" from the
definition of "Board" in clause 1 and
substituting "section 59H";
(b) by omitting "Part 5A" from the definition
of "Minister" in clause 1 and substituting
"Part VB";
(c) by omitting from clause 2
"section 59B(2)(a)" and substituting
"section 59H(2)(a)";
(d) by omitting from clause 6(1)
"section 59B(2)(a)" and substituting
"section 59H(2)(a)";
(e) by omitting from clause 6(2)
"section 59B(2)(a)" and substituting
"section 59H(2)(a)";
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Poisons Amendment Bill (No. 2) 2009
Act No. of
s. 11
(f) by omitting from clause 7(1)
"section 59B(2)(a)" and substituting
"section 59H(2)(a)";
(g) by omitting from clause 7(2)
"section 59B(2)(a)" and substituting
"section 59H(2)(a)".
11. Schedule 2 amended (Meetings of Board)
Clause 1 of Schedule 2 to the Principal Act is
amended as follows:
(a) by omitting "section 59B" from the
definition of "Board" and substituting
"section 59H";
(b) by omitting "Part 5A" from the definition
of "Minister" and substituting "Part VB".
12. Repeal of legislation
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 7