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TASMANIA
__________
POISONS AMENDMENT BILL 2009
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Effect of certain consequential amendments
PART 2 - POISONS ACT 1971 AMENDED
4. Principal Act
5. Section 3 amended (Interpretation)
6. Section 4 inserted
4. Meaning of drug-seeking behaviour
7. Section 39 amended (Interpretation)
8. Part VA inserted
PART VA - Notification and authorisation in relation to
certain restricted substances and narcotic substances
59A. Interpretation of Part
59B. Notification required in relation to certain restricted
substances and narcotic substances
59C. Offence to make available drugs of dependence, &c.
59D. Exception for emergency treatment, hospitals and
treatment centres
59E. Authority for making drugs available to certain
patients
59F. Protection from liability for information
[Bill 28]-IV
9. Part VI, Division 2A inserted
Division 2A - Transitional provision
86A. Transitional provision
PART 3 - ALCOHOL AND DRUG DEPENDENCY ACT 1968
AMENDED
10. Principal Act
11. Part III repealed
PART 4 - ALCOHOL AND DRUG DEPENDENCY REGULATIONS
1999 AMENDED
12. Principal Regulations
13. Part 2 rescinded
14. Schedule 1 amended (Forms)
PART 5 - POISONS REGULATIONS 2008 AMENDED
15. Principal Regulations
16. Regulation 19 amended (Prescription for certain narcotic
substances to be issued only on authority of Secretary)
2
POISONS AMENDMENT BILL 2009
(Brought in by the Minister for Health, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Poisons Act 1971 and to make
consequential amendments to the Alcohol and Drug
Dependency Act 1968
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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Poisons
Amendment Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
3. Effect of certain consequential amendments
The amendment by this Act of a provision of any
regulations made under any Act does not prevent
that provision or any other provision of those
[Bill 28] 3
Poisons Amendment Act 2009
Act No. of
s. 3 Part 1 - Preliminary
regulations from being amended or rescinded by
any subsequent regulations.
4
Poisons Amendment Act 2009
Act No. of
Part 2 - Poisons Act 1971 Amended s. 4
PART 2 - POISONS ACT 1971 AMENDED
4. Principal Act
In this Part, the Poisons Act 1971* is referred to
as the Principal Act.
5. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "drug
dependency" from subsection (1) and
substituting the following :
"drug" means a substance -
(a) that is designed or
intended for therapeutic
use; or
(b) the sole or principal use
of which is, or ordinarily
is, a therapeutic use or use
as an ingredient or
component in the
preparation or
manufacture of a
substance for therapeutic
use;
*No. 81 of 1971
5
Poisons Amendment Act 2009
Act No. of
s. 5 Part 2 - Poisons Act 1971 Amended
"drug-dependent person" means a
person who -
(a) has acquired, as a result of
the repeated
administration of drugs of
dependence, an
overpowering desire for
their continued
administration; or
(b) has a condition such that
the cessation of the
administration of a drug
of dependence, or the
inability to obtain such a
drug, is likely to cause
him or her to exhibit signs
of mental or physical
distress or disorder; or
(c) exhibits drug-seeking
behaviour that suggests
impaired control as a
result of the person's
continued use of drugs of
dependence; or
(d) consumes or uses a drug
of dependence contrary to
the prescribing
practitioner's instructions;
"drug of dependence" means a
substance listed in Schedule 8 or
Schedule 9 to the Poisons List
6
Poisons Amendment Act 2009
Act No. of
Part 2 - Poisons Act 1971 Amended s. 6
and includes any substance or
class of substances that the
Minister declares by order to be a
drug of dependence but does not
include any substance or class of
substances that the Minister
declares by order not to be a drug
of dependence;
"drug-seeking behaviour" has the
meaning given by section 4;
(b) by inserting "and Part VA" after "Part V"
in the definition of "medical practitioner"
in subsection (1);
(c) by inserting the following definition after
the definition of "traffic" in subsection
(1):
"treatment centre" means a treatment
centre within the meaning of the
Alcohol and Drug Dependency
Act 1968;
(d) by omitting subsection (2).
6. Section 4 inserted
After section 3 of the Principal Act, the
following section is inserted in Part I:
4. Meaning of drug-seeking behaviour
For the purposes of this Act, a person is
taken to exhibit drug-seeking behaviour
7
Poisons Amendment Act 2009
Act No. of
s. 7 Part 2 - Poisons Act 1971 Amended
in respect of a drug of dependence if
there is reason to believe that -
(a) he or she is seeking to obtain a
drug of dependence for the
purpose of selling or supplying it
to another person; or
(b) he or she is seeking to obtain a
drug of dependence for a non-
medical purpose; or
(c) as a result of the administration to
him or her of the drug, he or she
exhibits -
(i) impaired ability to
manage properly the use
of any such drug; or
(ii) behaviour which suggests
such impaired ability; or
(d) failure to obtain drugs of
dependence for a non-medical
purpose is likely to cause the
person to exhibit signs of mental
or physical distress or disorder.
7. Section 39 amended (Interpretation)
Section 39 of the Principal Act is amended by
omitting the definition of "drug".
8
Poisons Amendment Act 2009
Act No. of
Part 2 - Poisons Act 1971 Amended s. 8
8. Part VA inserted
After section 59 of the Principal Act, the
following Part is inserted:
PART VA - NOTIFICATION AND AUTHORISATION
IN RELATION TO CERTAIN RESTRICTED
SUBSTANCES AND NARCOTIC SUBSTANCES
59A. Interpretation of Part
In this Part -
"make available" includes prescribe,
supply or authorise to be
supplied;
"notifiable restricted substance"
means a restricted substance that
is declared by the Minister, by
order, to be a notifiable restricted
substance for the purposes of this
Part;
"prescribed period" means a period
that is declared by the Minister,
by order, to be the maximum
period for which a narcotic
substance or a specified substance
may be made available for
continuous use by a person
without an authority issued under
section 59E;
"specified substance" means a
restricted substance that is
9
Poisons Amendment Act 2009
Act No. of
s. 8 Part 2 - Poisons Act 1971 Amended
declared by the Minister, by
order, to be a specified substance
for the purposes of this Part.
59B. Notification required in relation to certain
restricted substances and narcotic
substances
(1) If a person seeks a notifiable restricted
substance or a narcotic substance from a
medical practitioner, dentist or authorised
nurse practitioner and the medical
practitioner, dentist or authorised nurse
practitioner prescribes, or has previously
prescribed, such a substance for a person,
and has reason to believe that the
person -
(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 medical practitioner, dentist or
authorised nurse practitioner must notify
the Secretary of the relevant facts.
10
Poisons Amendment Act 2009
Act No. of
Part 2 - Poisons Act 1971 Amended s. 8
Penalty: Fine not exceeding 50 penalty
units.
(2) This section does not require notice to be
given -
(a) where the Secretary has
previously been notified in
relation to the person by the
medical practitioner, dentist or
authorised nurse practitioner or
by a medical practitioner or
dentist in the same medical or
dental practice, and an
authorisation to make available
under section 59E has been
issued in relation to the person; or
(b) where the Secretary has
previously been notified in
relation to the person by the
medical practitioner, dentist or
authorised nurse practitioner or
by a medical practitioner or
dentist in the same medical or
dental practice, and the person is
not treated with a notifiable
restricted substance or narcotic
substance; or
(c) by a medical practitioner or
authorised nurse practitioner on
the staff of, or attending at, a
treatment centre or hospital in
respect of any person receiving
medical treatment at that centre
11
Poisons Amendment Act 2009
Act No. of
s. 8 Part 2 - Poisons Act 1971 Amended
or hospital if such a notice has
already been given in respect of
that person by a medical
practitioner or authorised nurse
practitioner; or
(d) where an application has been
made, or is being made, to the
Secretary by the medical
practitioner or authorised nurse
practitioner to place the person on
a program for the treatment of
drug dependency.
59C. Offence to make available drugs of
dependence, &c.
(1) A medical practitioner, dentist or
authorised nurse practitioner must not,
without the authority of the Secretary,
make available a narcotic substance or a
specified substance to any person who he
or she has reason to believe is a drug-
dependent person.
Penalty: Fine not exceeding 50 penalty
units.
(2) A medical practitioner, dentist or
authorised nurse practitioner must not,
without the authority of the Secretary,
make available a narcotic substance or a
specified substance to a person who he or
she has reason to believe is exhibiting
drug-seeking behaviour.
12
Poisons Amendment Act 2009
Act No. of
Part 2 - Poisons Act 1971 Amended s. 8
Penalty: Fine not exceeding 50 penalty
units.
(3) A medical practitioner, dentist or
authorised nurse practitioner must not,
without the authority of the Secretary,
make available a narcotic substance or a
specified substance to any person for any
period longer than the prescribed period.
Penalty: Fine not exceeding 50 penalty
units.
(4) A medical practitioner, dentist or
authorised nurse practitioner must not,
without the authority of the Secretary,
make available a narcotic substance or a
specified substance to any person who
has a history of obtaining a notifiable
restricted substance, a narcotic substance
or a prohibited substance for a non-
medical purpose or of unlawful
possession or unlawful supply of a
notifiable restricted substance, narcotic
substance or prohibited substance.
Penalty: Fine not exceeding 50 penalty
units.
(5) A medical practitioner, dentist or
authorised nurse practitioner must not
make available a notifiable restricted
substance, a specified substance or a
narcotic substance to any person if the
medical practitioner, dentist or authorised
nurse practitioner knows or ought to
13
Poisons Amendment Act 2009
Act No. of
s. 8 Part 2 - Poisons Act 1971 Amended
know that the person is the subject of an
authority under section 59E(1).
Penalty: Fine not exceeding 50 penalty
units.
(6) Subsection (5) does not apply to a
medical practitioner, dentist or authorised
nurse practitioner authorised under
section 59E(1) or to another medical
practitioner or dentist in the same
medical practice or dental practice as the
person so authorised.
59D. Exception for emergency treatment,
hospitals and treatment centres
Nothing in section 59C prevents the
making of a notifiable restricted
substance, narcotic substance or specified
substance available for the use of a
person -
(a) receiving emergency medical
treatment as an initial response to
a trauma or acute condition; or
(b) receiving medical treatment as an
inpatient at a hospital or
treatment centre, if those
substances are so made available
by, or with the authority of, a
medical practitioner or an
authorised nurse practitioner
acting in the course of his or her
14
Poisons Amendment Act 2009
Act No. of
Part 2 - Poisons Act 1971 Amended s. 8
duties at that hospital or treatment
centre.
59E. Authority for making drugs available to
certain patients
(1) The Secretary may, on an application
made under this section in respect of any
person (in this section referred to as "the
patient"), authorise a medical
practitioner, dentist or authorised nurse
practitioner to make available a narcotic
substance or a specified substance for the
use of that person.
(2) An application under this section is to be
in writing in a form approved by the
Secretary and signed by the medical
practitioner, dentist or authorised nurse
practitioner by whom it is made.
(3) An application is to -
(a) specify the patient in respect of
whom it is made; and
(b) state whether, in the opinion of
the medical practitioner, dentist
or authorised nurse practitioner
the patient -
(i) is a drug-dependent
person; or
(ii) is exhibiting drug-seeking
behaviour; or
15
Poisons Amendment Act 2009
Act No. of
s. 8 Part 2 - Poisons Act 1971 Amended
(iii) has a history of obtaining
a notifiable restricted
substance, a narcotic
substance or a prohibited
substance for a non-
medical purpose, or of
unlawful possession or
unlawful supply of a
notifiable restricted
substance, narcotic
substance or prohibited
substance; and
(c) contain such other information
relating to the medical history
and treatment of the patient as the
Secretary requires.
(4) An authority given under this section in
respect of a patient is to specify -
(a) the name of the narcotic
substance or specified substance;
and
(b) the amount of the substance to be
made available; and
(c) the period during which the
authority is to be in force; and
(d) any other substances which must
not be made available in
conjunction with the narcotic
substance or specified substance;
and
16
Poisons Amendment Act 2009
Act No. of
Part 2 - Poisons Act 1971 Amended s. 8
(e) the conditions under which, or the
circumstances in which, the
substance may be made available.
(5) An authority given under this section is
to be in writing signed by the Secretary
but, in a case of emergency, may be
given orally.
(6) An authority given orally is to be
confirmed in writing as soon as
practicable after it is given.
(7) An authority given under subsection (1)
also authorises a medical practitioner or
dentist, who is in the same medical
practice or dental practice as the person
authorised, to make the substances
available for the use of the patient in
accordance with the terms of the
authority.
59F. Protection from liability for information
A medical practitioner, dentist or
authorised nurse practitioner who notifies
the Secretary under section 59B(1) or
makes an application to the Secretary
under section 59E -
(a) cannot, by virtue of doing so, be
held to have breached any code of
professional etiquette or ethics, or
to have departed from any
17
Poisons Amendment Act 2009
Act No. of
s. 9 Part 2 - Poisons Act 1971 Amended
accepted form of professional
conduct; and
(b) insofar as he or she has acted in
good faith, incurs no civil or
criminal liability in respect of -
(i) so notifying or applying
to the Secretary; or
(ii) the provision of further
information.
9. Part VI, Division 2A inserted
After section 86 of the Principal Act, the
following Division is inserted in Part VI:
Division 2A - Transitional provision
86A. Transitional provision
(1) A notification made under section 18 of
the Alcohol and Drug Dependency Act
1968 and in force immediately before the
commencement of the Poisons
Amendment Act 2009 is taken to be a
notification made under section 59B of
this Act.
(2) An authority given under section 22 of
the Alcohol and Drug Dependency Act
1968 and in force immediately before the
commencement of the Poisons
Amendment Act 2009 is taken to be an
18
Poisons Amendment Act 2009
Act No. of
Part 2 - Poisons Act 1971 Amended s. 9
authority given under section 59E of this
Act.
(3) An application for an authority made
under section 22 of the Alcohol and Drug
Dependency Act 1968 and not finalised
before the commencement of the Poisons
Amendment Act 2009 is taken to have
been made under section 59E of this Act
immediately after that commencement.
19
Poisons Amendment Act 2009
Act No. of
s. 10 Part 3 - Alcohol and Drug Dependency Act 1968 Amended
PART 3 - ALCOHOL AND DRUG DEPENDENCY ACT
1968 AMENDED
10. Principal Act
In this Part, the Alcohol and Drug Dependency
Act 1968* is referred to as the Principal Act.
11. Part III repealed
Part III of the Principal Act is repealed.
*No. 61 of 1968
20
Poisons Amendment Act 2009
Act No. of
Part 4 - Alcohol and Drug Dependency Regulations 1999 Amended s. 12
PART 4 - ALCOHOL AND DRUG DEPENDENCY
REGULATIONS 1999 AMENDED
12. Principal Regulations
In this Part, the Alcohol and Drug Dependency
Regulations 1999* are referred to as the
Principal Regulations.
13. Part 2 rescinded
Part 2 of the Principal Regulations is rescinded.
14. Schedule 1 amended (Forms)
Schedule 1 to the Principal Regulations is
amended by omitting Forms 1 and 2.
*S.R. 1999, No. 178
21
Poisons Amendment Act 2009
Act No. of
s. 15 Part 5 - Poisons Regulations 2008 Amended
PART 5 - POISONS REGULATIONS 2008 AMENDED
15. Principal Regulations
In this Part, the Poisons Regulations 2008* are
referred to as the Principal Regulations.
16. Regulation 19 amended (Prescription for certain
narcotic substances to be issued only on authority of
Secretary)
Regulation 19 of the Principal Regulations is
amended by omitting subregulations (2), (3), (4),
(5), (6) and (7).
*S.R. 2008, No. 162
22 Government Printer, Tasmania