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TASMANIA
__________
POISONS (MISCELLANEOUS AMENDMENTS)
BILL 2017
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 repealed
5. Section 3 amended (Interpretation)
6. Section 10 amended (Suspension or cancellation of licence)
7. Section 16 amended (Licences)
8. Section 18 amended (Offences)
9. Part II, Division 3A inserted
Division 3A - Licensing of first-aid providers
18A. First-aid providers licence
10. Sections 25C, 25D and 25E inserted
25C. Authorisation of health professionals
25D. Interim authorisation of health professionals
25E. Authorisation of persons by Minister to possess
scheduled substance
11. Section 26 amended (Sale and supply of potent substances and
hazardous and medicinal poisons)
12. Section 28 amended (Sale of certain substances to be entered and
kept in a poisons book)
13. Section 29 amended (Sales of certain substances by
correspondence)
[Bill 15]-VII
14. Section 30 repealed
15. Section 31 amended (Modification of section 28 in relation to
certain sales, &c.)
16. Section 36 amended (Offences relating to certain restricted
substances)
17. Section 38 amended (Limitation of application of certain
provisions of Division 1 of this Part)
18. Section 45 amended (Restriction of importation)
19. Section 47 amended (Sale and supply of narcotic substances,
prohibited plants, and prohibited substances)
20. Section 47B repealed
21. Section 47C amended (Endorsed midwives)
22. Section 47D amended (Offence for endorsed midwife to make
available drugs of dependence, &c.)
23. Section 48 amended (Possession of narcotic substances, &c.)
24. Section 54E amended (Conditions of licence)
25. Section 59 amended (Regulations relating to narcotics and
narcotic substances)
26. Section 59B amended (Notification required in relation to certain
restricted substances and narcotic substances )
27. Section 59C amended (Offence to make available drugs of
dependence, &c.)
28. Section 59E amended (Authority for making drugs available to
certain patients)
29. Section 59F amended (Protection from liability for information)
30. Section 83 amended (Hawking, &c., of scheduled substances
prohibited)
31. Section 92 amended (Revocation or suspension of rights)
32. Section 93 amended (Regulations)
33. Repeal of Act
2
POISONS (MISCELLANEOUS AMENDMENTS)
BILL 2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
2 May 2017
(Brought in by the Minister for Health, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Poisons Act 1971
Be it enacted by Her 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
(Miscellaneous Amendments) Act 2017.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 15] 3
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Act No. of
s. 3
3. Principal Act
In this Act, the Poisons Act 1971* is referred to
as the Principal Act.
4. Section 2 repealed
Section 2 of the Principal Act is repealed.
5. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of analyst in subsection
(1):
authorised health professional means
a person who is a member of a
class of health professionals -
(a) that is prescribed for the
purposes of this
definition; or
(b) in respect of whom an
order has been made
under section 25D(1)(a) -
except in section 36 and Parts V
and VA in which case the
authorised health professional
must be present in Tasmania and
*No. 81 of 1971
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Act No. of
s. 5
acting in the course of the
practice of his or her profession
in Tasmania;
(b) by omitting the definition of eligible
midwife from subsection (1) and
substituting the following definition:
endorsed midwife means a midwife
who is endorsed by the Nursing
and Midwifery Board of Australia
under section 94 of the Health
Practitioner Regulation National
Law (Tasmania) to prescribe
scheduled substances;
(c) by omitting "Minister;" from paragraph
(b) of the definition of responsible
licensing authority in subsection (1) and
substituting "Minister; or";
(d) by inserting the following paragraph after
paragraph (b) in the definition of
responsible licensing authority in
subsection (1):
(c) the Secretary, if an application for
the grant of the authorisation may
be made to the Secretary or the
authorisation has been granted by
the Secretary;
(e) by omitting "Veterinary Surgeons Act
1987" from the definition of veterinary
surgeon in subsection (1) and
substituting "Veterinary Surgeons Act
1987, except in section 36 and Parts V
5
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s. 6
and VA in which case the veterinary
surgeon must be present in Tasmania and
acting in the course of veterinary practice
in Tasmania;";
(f) by omitting subsection (7).
6. Section 10 amended (Suspension or cancellation of
licence)
Section 10(2) of the Principal Act is amended by
omitting "cancelling, under this section, a
licence, the responsible licensing authority is to"
and substituting "cancelling a licence under this
section (other than at the licence holder's
request), the responsible authority is to".
7. Section 16 amended (Licences)
Section 16 of the Principal Act is amended as
follows:
(a) by inserting in subsection (6) "specified
in the licence" after "period";
(b) by omitting from subsection (6) "12" and
substituting "24";
(c) by omitting from subsection (6) "granted,
but may be renewed annually, on the
application of the holder of the licence."
and substituting "granted.";
(d) by inserting the following subsection
after subsection (6):
6
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Act No. of
s. 8
(7) If a licence under this section was
in force immediately before the
commencement of the Poisons
(Miscellaneous Amendments) Act
2017, that licence continues in
force for a period of 24 months,
unless sooner cancelled, from the
date on which it was granted.
8. Section 18 amended (Offences)
Section 18(3) of the Principal Act is amended as
follows:
(a) by omitting "is a" and substituting "is";
(b) by omitting from paragraph (a)
"medical" and substituting "a medical";
(c) by omitting from paragraph (b)
"pharmaceutical" and substituting "a
pharmaceutical";
(d) by omitting from paragraph (c) "dentist"
and substituting "a dentist";
(e) by omitting paragraph (d) and
substituting the following paragraphs:
(d) a veterinary surgeon; or
(e) an authorised health professional.
7
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s. 9
9. Part II, Division 3A inserted
After section 18 of the Principal Act, the
following Division is inserted in Part II:
Division 3A - Licensing of first-aid providers
18A. First-aid providers licence
(1) In this section -
first-aid provider means an
organisation that provides first-
aid services;
first-aid provider licence means a
licence granted under subsection
(3);
prescribed substance means a
substance prescribed for the
purposes of this section.
(2) A first-aid provider may apply to the
Minister for -
(a) the grant of a licence under
subsection (3); or
(b) the renewal of such a licence.
(3) The Minister, in his or her discretion,
may, on the application of a first-aid
provider -
(a) grant, or refuse to grant, to that
first-aid provider a licence; or
8
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Act No. of
s. 10
(b) renew, or refuse to renew, a
licence.
(4) Without limiting the Minister's
discretion, the Minister may refuse to
grant an application if the Minister
considers that the applicant does not have
appropriate clinical governance
arrangements in place.
(5) A first-aid provider licence authorises the
licence holder to purchase, possess and
supply prescribed substances for the
purposes of first-aid services, subject to
compliance with the provisions of this
Act and any conditions and restrictions
specified in the licence.
(6) A first-aid provider licence, unless
sooner cancelled, continues in force for a
period specified in the licence of up to 24
months from the day on which it is
granted.
10. Sections 25C, 25D and 25E inserted
After section 25B of the Principal Act, the
following sections are inserted in Division 5:
25C. Authorisation of health professionals
(1) In this section -
authorised body, in respect of a class
of health professionals, means an
organisation that is -
9
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s. 10
(a) prescribed as the
authorised body for that
class of health
professionals for the
purposes of this section;
or
(b) declared to be an
authorised body for that
class of health
professionals under
section 25D(1)(b).
(2) An authorised health professional, who is
endorsed to prescribe scheduled
substances by an authorised body may
only, for the purposes of his or her
profession, possess, sell, supply or
prescribe the scheduled substances
specified in that endorsement.
(3) The Governor may make regulations
authorising and regulating the
possession, sale, supply or prescription of
scheduled substances by authorised
health professionals in such
circumstances, subject to such conditions
and in relation to such substances or
classes of substances, as may be
specified in the regulations.
25D. Interim authorisation of health professionals
(1) The Minister, by order, may -
(a) declare a class of health
professionals to be authorised
10
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Act No. of
s. 10
health professionals for the
purposes of this Act; and
(b) declare an organisation to be an
authorised body for that class of
health professionals; and
(c) authorise that class of health
professionals to possess, sell,
supply or prescribe scheduled
substances subject to such
conditions and in relation to such
substances or classes of
substances as may be specified in
the order.
(2) An order under subsection (1) ceases to
have effect 6 months after the date on
which it takes effect unless sooner
revoked.
25E. Authorisation of persons by Minister to
possess scheduled substance
(1) The Minister may authorise in writing a
person, or a class of persons, to be in
possession of scheduled substances of a
class specified in the authorisation, in
such circumstances and subject to such
conditions as may be specified in the
authorisation.
(2) The Minister may at any time revoke an
authorisation under subsection (1) or
vary the class of substances to which the
authorisation relates or vary the
circumstances in which, or the conditions
11
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Act No. of
s. 11
subject to which, the authorisation may
be exercised.
11. 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 (1A)
"dentist" and substituting "dentist,
authorised health professional";
(b) by omitting from subsection (1C)
"dentist" and substituting "dentist,
authorised health professional";
(c) by inserting in subsection (2) "authorised
health professionals" after "dentists,";
(d) by inserting in subsection (2) "authorised
health professional" after "made to the
medical practitioner, dentist,";
(e) by inserting in subsection (2) "authorised
health professional" after "addressed to
the medical practitioner, dentist,";
(f) by inserting in subsection (3) "an
authorised health professional," after
"dentist,".
12
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Act No. of
s. 12
12. Section 28 amended (Sale of certain substances to
be entered and kept in a poisons book)
Section 28 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "shall"
and substituting "must";
(b) by inserting the following penalty after
paragraph (b) in subsection (1):
Penalty: Fine not exceeding 20 penalty
units.
(c) by omitting subsections (2), (3) and (4)
and substituting the following
subsection:
(2) The poisons book must be kept -
(a) in a form approved by the
Secretary; and
(b) by the seller, for a period
of at least 5 years after the
day on which the final
entry in the book is made.
Penalty: Fine not exceeding 20
penalty units.
13. Section 29 amended (Sales of certain substances by
correspondence)
Section 29 of the Principal Act is amended as
follows:
13
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Act No. of
s. 13
(a) by omitting from subsection (1) "letter"
first occurring and substituting "written
communication";
(b) by omitting from subsection (1) "shall"
first occurring and substituting "must";
(c) by omitting from subsection (1) "letter"
second occurring and substituting
"communication";
(d) by omitting from subsection (1)(a)
"letter" and substituting
"communication";
(e) by omitting from subsection (1)(b) "by
whom that was written" and substituting
"from whom that communication was
sent";
(f) by omitting from subsection (1)(c)
"letter" and substituting
"communication";
(g) by inserting the following penalty after
paragraph (c) in subsection (1):
Penalty: Fine not exceeding 20 penalty
units.
(h) by omitting subsections (2) and (3) and
substituting the following subsections:
(2) A person (in this subsection
referred to as "the seller") must
not, unless the Secretary approves
otherwise, sell or supply to
14
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Act No. of
s. 14
another person (in this subsection
referred to as "the buyer") a
hazardous poison as the result of
written communication received
by the seller from the buyer,
unless the written communication
is signed by the buyer.
Penalty: Fine not exceeding 10
penalty units.
(3) For the purposes of this section, a
signature includes an electronic
signature.
14. Section 30 repealed
Section 30 of the Principal Act is repealed.
15. Section 31 amended (Modification of section 28 in
relation to certain sales, &c.)
Section 31 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "authorised
health professional" after "dentist,";
(b) by inserting in subsection (2)(b)
"authorised health professional" after
"dentist,";
(c) by inserting the following subsection
after subsection (4):
15
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Act No. of
s. 16
(5) For the purposes of this section, a
signature includes an electronic
signature.
16. Section 36 amended (Offences relating to certain
restricted substances)
Section 36 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(b)(i)
"authorised health professional," after
"dentist,";
(b) by omitting from subsection (1)(b)(i)
"eligible" and substituting "endorsed";
(c) by omitting from subsection (1A)
"dentist" and substituting "dentist,
authorised health professional";
(d) by inserting in subsection (2)(a)
"authorised health professional," after
"dentist,";
(e) by omitting from subsection (2)(a)
"eligible" and substituting "endorsed";
(f) by inserting in subsection (2)(b)
"authorised health professional," after
"dentist,";
(g) by omitting from subsection (2)(b)
"eligible" and substituting "endorsed".
16
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Act No. of
s. 17
17. Section 38 amended (Limitation of application of
certain provisions of Division 1 of this Part)
Section 38 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a)
"authorised health professional," after
"dentist,";
(b) by omitting paragraph (ab) from
subsection (1);
(c) by omitting from subsection (1)(ac)
"eligible" and substituting "endorsed";
(d) by inserting in subsection (1)(c) "or
midwife" after "that nurse";
(e) by omitting from subsection (1)(d)(ii)
"dentist" and substituting "dentist,
authorised health professional";
(f) by omitting from subsection (1)(e)
"dentist" and substituting "dentist,
authorised health professional";
(g) by omitting paragraphs (ea) and (f) from
subsection (1);
(h) by omitting the definitions of class 1
substance, class 2 substance and
optometrist from subsection (1A);
(i) by inserting in subsection (3)(a)
"authorised health professional," after
"practitioner,";
17
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Act No. of
s. 18
(j) by inserting in subsection (3)(c) "by an
authorised health professional so acting
in the course of his or her profession,"
after "dental treatment,".
18. Section 45 amended (Restriction of importation)
Section 45 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) A person may bring into the State a raw
narcotic or narcotic substance if -
(a) the raw narcotic or narcotic
substance was lawfully
prescribed and dispensed to the
person in another country for the
use of the person or a member of
his or her immediate family; and
(b) the raw narcotic or narcotic
substance was declared on entry
to Australia; and
(c) the person brought the substance
into this State with them, either
on their person or in their
luggage.
19. Section 47 amended (Sale and supply of narcotic
substances, prohibited plants, and prohibited
substances)
Section 47(1) of the Principal Act is amended as
follows:
18
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Act No. of
s. 20
(a) by inserting in paragraph (c) "authorised
health professional" after "dentist,";
(b) by omitting from paragraph (db)
"dentist" and substituting "dentist,
authorised health professional".
20. Section 47B repealed
Section 47B of the Principal Act is repealed.
21. Section 47C amended (Endorsed midwives)
Section 47C of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"eligible" and substituting "endorsed";
(b) by omitting from subsection (2)
"eligible" and substituting "endorsed";
(c) by omitting from subsection (3)
"eligible" and substituting "endorsed".
22. Section 47D amended (Offence for endorsed
midwife to make available drugs of dependence,
&c.)
Section 47D of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"eligible" and substituting "endorsed";
19
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Act No. of
s. 23
(b) by omitting from subsection (2)
"eligible" and substituting "endorsed";
(c) by omitting from subsection (3)
"eligible" and substituting "endorsed";
(d) by omitting from subsection (4)
"eligible" and substituting "endorsed";
(e) by omitting from subsection (5)
"eligible" twice occurring and
substituting "endorsed".
23. Section 48 amended (Possession of narcotic
substances, &c.)
Section 48 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a)
"authorised health professional" after
"dentist,";
(b) by inserting in subsection (2)(b)
"authorised health professional" after
"chemist,";
(c) by inserting in subsection (2A)(b)
"lawfully" after "the person";
(d) by inserting the following subsection
after subsection (2A):
(2B) A person may have in his or her
possession a raw narcotic or
narcotic substance if -
20
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Act No. of
s. 24
(a) the raw narcotic or
narcotic substance was
lawfully prescribed and
dispensed to the person in
another country for the
use of the person or a
member of his or her
immediate family; and
(b) the raw narcotic or
narcotic substance was
declared on entry to
Australia; and
(c) the person brought the
raw narcotic or narcotic
substance lawfully into
this State with them,
either on their person or
in their luggage.
24. Section 54E amended (Conditions of licence)
Section 54E of the Principal Act is amended by
omitting "cultivating" and substituting
"growing".
25. Section 59 amended (Regulations relating to
narcotics and narcotic substances)
Section 59 of the Principal Act is amended as
follows:
21
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Act No. of
s. 26
(a) by inserting in subsection (1)(e)
"authorised health professionals," after
"dentists,";
(b) by omitting from subsection (1)(g)
"dentists" and substituting "dentists,
authorised health professionals";
(c) by inserting in subsection (2)(b)
"authorised health professionals," after
"dentists,".
26. Section 59B amended (Notification required in
relation to certain restricted substances and
narcotic substances )
Section 59B of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) In this section -
specified person means a
medical practitioner, a
dentist, an authorised
health professional, an
authorised nurse
practitioner, a veterinary
surgeon or a pharmacist.
(1A) If a person seeks from a specified
person a notifiable restricted
substance or a narcotic substance,
the specified person may, at his
22
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Act No. of
s. 26
or her discretion, notify the
Secretary of the relevant facts.
(1B) If a person seeks a notifiable
restricted substance or a narcotic
substance from a specified person
and that specified person has
reason to believe that the person
seeking the substance -
(a) has a history of drug-
seeking behaviour; or
(b) is exhibiting drug-seeking
behaviour; or
(c) has consumed or used, or
is likely to consume or
use, a notifiable restricted
substance or a narcotic
substance contrary to the
prescribing practitioner's
instructions -
the specified person must notify
the Secretary of the relevant facts.
Penalty: Fine not exceeding 50
penalty units.
(b) by omitting from subsection (2)(a)
"medical practitioner, dentist or
authorised nurse practitioner" and
substituting "specified person";
(c) by omitting from subsection (2)(b)
"medical practitioner, dentist or
23
Poisons (Miscellaneous Amendments) Act 2017
Act No. of
s. 27
authorised nurse practitioner" and
substituting "specified person";
(d) by omitting from subsection (2)(c)
"practitioner" first occurring and
substituting "practitioner, authorised
health professional";
(e) by omitting from subsection (2)(c)
"practitioner" third occurring and
substituting "practitioner, authorised
health professional";
(f) by omitting from subsection (2)(d)
"practitioner" first occurring and
substituting "practitioner, authorised
health professional".
27. Section 59C amended (Offence to make available
drugs of dependence, &c.)
Section 59C of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "dentist"
and substituting "dentist, authorised
health professional";
(b) by omitting from subsection (2) "dentist"
and substituting "dentist, authorised
health professional";
(c) by omitting from subsection (3) "dentist"
and substituting "dentist, authorised
health professional";
24
Poisons (Miscellaneous Amendments) Act 2017
Act No. of
s. 28
(d) by omitting from subsection (4) "dentist"
and substituting "dentist, authorised
health professional";
(e) by omitting from subsection (5) "dentist"
twice occurring and substituting "dentist,
authorised health professional";
(f) by omitting subsection (6) and
substituting the following subsection:
(6) Subsection (5) does not apply in
respect of the making available of
a notifiable restricted substance, a
specified substance or a narcotic
substance to a medical
practitioner, dentist, authorised
health professional or authorised
nurse practitioner authorised
under section 59E(1) or to
another medical practitioner,
dentist, or authorised health
professional employed in the
same practice as the person so
authorised.
28. Section 59E amended (Authority for making drugs
available to certain patients)
Section 59E of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "dentist"
and substituting "dentist, authorised
health professional";
25
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Act No. of
s. 28
(b) by omitting from subsection (2) "dentist"
and substituting "dentist, authorised
health professional";
(c) by omitting from subsection (3)(b)
"dentist" and substituting "dentist,
authorised health professional";
(d) by inserting the following subsections
after subsection (7):
(8) The Secretary may at any time
revoke an authority given under
subsection (1) or vary the
conditions subject to which such
an authority may be exercised.
(9) If the Secretary gives an authority
under subsection (1), any
previous authorisation given to
the holder of that authority under
that subsection is revoked.
(10) A person aggrieved by a decision
made under this section by a
delegate of the Secretary may
apply in writing to the Secretary
for a review of the decision
within -
(a) 30 days after the day on
which the decision first
came to the notice of the
applicant; or
26
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Act No. of
s. 29
(b) such further period (if
any) as the Secretary
allows.
(11) The Secretary may -
(a) make a decision
affirming, varying or
revoking the decision; and
(b) if the Secretary revokes
the decision, make such
other decision as the
Secretary thinks
appropriate.
29. Section 59F amended (Protection from liability for
information)
Section 59F of the Principal Act is amended by
omitting "dentist" and substituting "dentist,
authorised health professional".
30. Section 83 amended (Hawking, &c., of scheduled
substances prohibited)
Section 83(2) of the Principal Act is amended as
follows:
(a) by inserting "nurse practitioners,
endorsed midwives, authorised health
professionals" after "dentists,";
(b) by inserting "nurse practitioner,
endorsed midwife, authorised health
professional" after "dentist,".
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Act No. of
s. 31
31. Section 92 amended (Revocation or suspension of
rights)
Section 92(6) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "right."
and substituting "right; or";
(b) by inserting the following paragraph after
paragraph (b):
(c) it is in the public interest to
suspend or revoke the right.
32. Section 93 amended (Regulations)
Section 93(2) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (l) "authorised
health professional" after "dentist,";
(b) by inserting in paragraph (m) "authorised
health professionals," after "dentists,";
(c) by omitting from paragraph (m)
"eligible" and substituting "endorsed";
(d) by inserting the following paragraphs
after paragraph (m):
(ma) authorizing the prescription,
obtainment, possession, keeping,
use or supply of scheduled
substances by such persons, or
classes of persons, or in such
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Act No. of
s. 33
places as may be prescribed, and
in such cases or circumstances
and subject to such conditions as
may be prescribed;
(mb) regulating the storage and safe
custody of scheduled substances;
(mc) regulating, controlling, and
restricting the free distribution of
clinical samples of scheduled
substances;
(e) by inserting in paragraph (n) "authorised
health professionals," after "dentists,";
(f) by omitting from paragraph (n) "eligible"
and substituting "endorsed".
33. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 29