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This is a Bill, not an Act. For current law, see the Acts databases.


POISONS AMENDMENT BILL 4 OF 2012

                                       TASMANIA

                                       __________


                   POISONS AMENDMENT BILL 2012
                                       __________

                                       CONTENTS
       PART 1 - PRELIMINARY
          1.     Short title
          2.     Commencement
          3.     Subsequent amendment of statutory rules

       PART 2 - POISONS ACT 1971 AMENDED
          4.     Principal Act
          5.     Section 3 amended (Interpretation)
          6.     Section 14 substituted
                   14.      Adoption and amendment of Poisons List
          7.     Section 15 repealed
          8.     Section 16 amended (Licences)
          9.     Sections 16A, 16B and 16C inserted
                   16A.     Responsible officers
                   16B.     Duties of responsible officer
                   16C.     Obstruction of responsible officer
          10.    Section 36 amended (Offences relating to certain restricted
                 substances)
          11.    Section 45 amended (Restriction of importation)
          12.    Section 48 amended (Possession of narcotic substances, &c.)
          13.    Section 94 inserted
                   94.       Savings and transitional provisions

[Bill 4]-IV

 


 

14. Schedule 3 inserted SCHEDULE 3 - SAVINGS AND TRANSITIONAL PROVISIONS CONSEQUENT ON THE POISONS AMENDMENT ACT 2012 PART 3 - CORRECTIONS ACT 1997 AMENDED 15. Principal Act 16. Section 3 amended (Interpretation) 17. Section 28 amended (Random testing and searching of prisoners and detainees) PART 4 - GUARDIANSHIP AND ADMINISTRATION REGULATIONS 2007 AMENDED 18. Principal Regulations 19. Regulation 3 amended (Interpretation) PART 5 - HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTION) ACT 1998 AMENDED 20. Principal Act 21. Section 3 amended (Interpretation) PART 6 - MISUSE OF DRUGS ACT 2001 AMENDED 22. Principal Act 23. Section 3 amended (Interpretation) 24. Schedule 1 amended (Controlled Substances and Trafficable Quantities) PART 7 - POISONS REGULATIONS 2008 AMENDED 25. Principal Regulations 26. Regulation 3 amended (Interpretation) 27. Regulation 5 amended (Manufacturing chemists and wholesale chemists) 28. Schedule 1 amended (Forms) PART 8 - POLICE SERVICE ACT 2003 AMENDED 29. Principal Act 30. Section 3 amended (Interpretation) 2

 


 

PART 9 - LEGISLATION REVOKED 31. Legislation revoked PART 10 - REPEAL OF ACT 32. Repeal of Act SCHEDULE 1 - LEGISLATION REVOKED 3

 


 

4

 


 

POISONS AMENDMENT BILL 2012 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. P. R. ALCOCK, Clerk of the House 13 March 2012 (Brought in by the Minister for Health, the Honourable Michelle Anne O'Byrne) A BILL FOR An Act to amend the Poisons Act 1971 and various other Acts and statutory rules consequentially and to revoke certain statutory rules 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 2012. 2. Commencement This Act commences on a day to be proclaimed. [Bill 4] 5

 


 

Poisons Amendment Act 2012 Act No. of s. 3 Part 1 - Preliminary 3. Subsequent amendment of statutory rules The amendment by this Act of any statutory rule does not bar its subsequent amendment by statutory rule. 6

 


 

Poisons Amendment Act 2012 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 opium poppy from subsection (1) and substituting the following definition: opium poppy means a plant of the species Papaver somniferum or Papaver bracteatum; (b) by omitting the definition of Poisons List from subsection (1) and substituting the following definition: Poisons List means Part 4 and Appendix C of the Uniform Standard adopted under section 14, as amended in its application to Tasmania under that section from time to time; *No. 81 of 1971 7

 


 

Poisons Amendment Act 2012 Act No. of s. 5 Part 2 - Poisons Act 1971 Amended (c) by omitting the definition of prohibited substance from subsection (1) and substituting the following definition: prohibited substance means a substance that is, for the time being, specified in Schedule 9 to the Poisons List and includes a prohibited plant; (d) by inserting the following definition after the definition of treatment centre in subsection (1): Uniform Standard means - (a) the Standard for the Uniform Scheduling of Medicines and Poisons, of the Commonwealth, published by the Australian Government under the Therapeutic Goods Act 1989 of the Commonwealth; or (b) any similar standard published in substitution for that standard; or (c) if the standard, or a standard published in substitution for that standard, has been amended under that Act, that standard as so amended; 8

 


 

Poisons Amendment Act 2012 Act No. of Part 2 - Poisons Act 1971 Amended s. 6 (e) by inserting the following subsection after subsection (1A): (2) In this Act - (a) a reference to a scheduled substance is a reference to the substance as specified in the Uniform Standard; and (b) a reference to a substance by reference to a Schedule of a particular number is taken to be a reference to the substance as specified in the Schedule of that number to the Poisons List. (f) by omitting from subsection (5) "or section 15". 6. Section 14 substituted Section 14 of the Principal Act is repealed and the following section is substituted: 14. Adoption and amendment of Poisons List (1) The Minister, by order, may adopt Part 4 of the Uniform Standard, as amended from time to time, as the Poisons List for the purposes of this Act. 9

 


 

Poisons Amendment Act 2012 Act No. of s. 6 Part 2 - Poisons Act 1971 Amended (2) The Minister may, by order, amend the Uniform Standard in its application to Tasmania - (a) by adding a specified substance or class of substances to, or omitting a specified substance or class of substances from, any of the Schedules contained in the Uniform Standard; and (b) by transferring a specified substance or class of substances from any of those Schedules to any other of those Schedules; and (c) by amending an item appearing in any of those Schedules; and (d) by omitting all or any of those Schedules and substituting a new Schedule or Schedules. (3) In amending the Uniform Standard under subsection (2), the Minister must have regard to any relevant classification of substances made from time to time by the United Nations Organization or any of its agencies. (4) The Uniform Standard contains the following Schedules and the substances specified in those Schedules are classified in accordance with the following provisions: (a) Schedule 1 substances; 10

 


 

Poisons Amendment Act 2012 Act No. of Part 2 - Poisons Act 1971 Amended s. 6 (b) Schedule 2 substances - Substances, the safe use of which may require advice from a pharmacist and which should be available from a pharmacy or, where a pharmacy service is not available, from a licensed person; (c) Schedule 3 substances - Substances, the safe use of which requires professional advice but which should be available to the public from a pharmacist without prescription; (d) Schedule 4 substances - Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription; (e) Schedule 5 substances - Substances with a low potential for causing harm, the extent of which can be reduced through the use of appropriate packaging with simple warnings and safety directions on the label; (f) Schedule 6 substances - Substances with a moderate potential for causing harm, the extent of which can be reduced 11

 


 

Poisons Amendment Act 2012 Act No. of s. 6 Part 2 - Poisons Act 1971 Amended through the use of distinctive packaging with strong warnings and safety directions on the label; (g) Schedule 7 substances - Substances with a high potential for causing harm at low exposure which require special precautions during manufacture, handling or use, which should be available only to specialised or authorised users who have the skills necessary to handle them safely and to which special regulations restricting their availability, possession, storage or use may apply; (h) Schedule 8 substances - Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence; (i) Schedule 9 substances - Substances which may be abused or misused, the manufacture, possession, sale or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of 12

 


 

Poisons Amendment Act 2012 Act No. of Part 2 - Poisons Act 1971 Amended s. 7 Commonwealth or State or Territory health authorities. (5) An order under subsection (1) or (2) is a statutory rule for the purposes of the Rules Publication Act 1953. 7. Section 15 repealed Section 15 of the Principal Act is repealed. 8. Section 16 amended (Licences) Section 16 of the Principal Act is amended as follows: (a) by omitting paragraph (a) from subsection (2) and substituting the following paragraph: (a) is to be in a form approved by the Secretary; (b) by omitting paragraph (a) from subsection (3) and substituting the following paragraph: (a) is to be in a form approved by the Secretary; (c) by inserting the following paragraph after paragraph (a) in subsection (4): (ab) if the person making the application is not a natural 13

 


 

Poisons Amendment Act 2012 Act No. of s. 9 Part 2 - Poisons Act 1971 Amended person, is to state the full name of the proposed responsible officer; and (d) by inserting in subsection (6) "for a period of up to 12 months" after "force"; (e) by omitting from subsection (6) "until 31st December next following". 9. Sections 16A, 16B and 16C inserted After section 16 of the Principal Act, the following sections are inserted in Division 3: 16A. Responsible officers (1) A holder of a licence granted under section 16 who is not a natural person is to appoint a natural person as responsible officer for each workplace at which the holder of the licence carries on business pursuant to the licence. (2) If the holder of a licence fails to appoint a responsible officer for a workplace, the person responsible for the direction and management of the business of the holder of the licence at that workplace is taken to have been appointed as the responsible officer for that workplace. (3) A holder of a licence is to ensure that a responsible officer appointed under subsection (1) has sufficient authority to 14

 


 

Poisons Amendment Act 2012 Act No. of Part 2 - Poisons Act 1971 Amended s. 9 perform the duties of a responsible officer under this Act. (4) A holder of a licence must - (a) notify the responsible officer in writing of his or her appointment as responsible officer; and (b) notify the Secretary in writing of the appointment of the responsible officer; and (c) give notice of that appointment as far as reasonably practicable to all persons employed or engaged at the workplace. Penalty: Fine not exceeding 20 penalty units. 16B. Duties of responsible officer (1) In this section - responsibilities includes the duties imposed on the holder of a licence under the Act and any conditions or restrictions specified in the licence. (2) A responsible officer must perform the responsibilities of the holder of the licence at the workplace for which he or she is the responsible officer. Penalty: Fine not exceeding 20 penalty units. 15

 


 

Poisons Amendment Act 2012 Act No. of s. 9 Part 2 - Poisons Act 1971 Amended (3) A responsible officer is not to be taken to have failed to perform any responsibility of the holder of the licence, if - (a) it was not reasonably practicable for the responsible officer to perform that responsibility; or (b) the failure to perform the responsibility was due to causes over which the responsible officer had no control and against the happening of which it was not reasonably practicable for the responsible officer to make provision; or (c) the responsible officer exercised due diligence to prevent the failure to perform the responsibility; or (d) the responsible officer was unaware that he or she had been appointed, or was taken to have been appointed, as the responsible officer. (4) Nothing in subsection (2) relieves the holder of the licence of the requirement to perform the holder's responsibilities under this Act. (5) A responsible officer may be proceeded against and convicted of having failed to perform the responsibilities of the holder of the licence under this Act whether or 16

 


 

Poisons Amendment Act 2012 Act No. of Part 2 - Poisons Act 1971 Amended s. 10 not the employer has been proceeded against or has been convicted of having failed to perform the responsibility. 16C. Obstruction of responsible officer A person having authority or control over the responsible officer at a workplace must not exercise that authority or control in any way to obstruct the responsible officer in the exercise of his or her responsibilities under this Act. Penalty: In the case of - (a) a body corporate, a fine not exceeding 20 penalty units; and (b) a natural person, a fine not exceeding 20 penalty units. 10. Section 36 amended (Offences relating to certain restricted substances) Section 36 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "A" and substituting "Subject to subsection (2A), a"; (b) by inserting the following subsection after subsection (2): 17

 


 

Poisons Amendment Act 2012 Act No. of s. 11 Part 2 - Poisons Act 1971 Amended (2A) A person may have in his or her possession a substance to which this section applies if - (a) the substance was lawfully prescribed and dispensed to the person in another State or a Territory for the use of the person or a member of his or her immediate family; and (b) the person brought the substance into this State with them, either on their person or in their luggage. 11. Section 45 amended (Restriction of importation) Section 45 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "A person shall" and substituting "Subject to subsection (4), a person must"; (b) by inserting the following subsection after subsection (3): (4) A person may bring into the State a raw narcotic or narcotic substance if - (a) the raw narcotic or narcotic substance was 18

 


 

Poisons Amendment Act 2012 Act No. of Part 2 - Poisons Act 1971 Amended s. 12 lawfully prescribed and dispensed to the person in another State or a Territory for the use of the person or a member of his or her immediate family; and (b) the person brought the substance into this State with them, either on their person or in their luggage. 12. Section 48 amended (Possession of narcotic substances, &c.) Section 48 of the Principal Act is amended as follows: (a) by omitting from subsection (1) ", a person shall" and substituting "and subsection (2A), a person must"; (b) by inserting the following subsection after subsection (2): (2A) A person may have in his or her possession a raw narcotic or narcotic substance if - (a) the raw narcotic or narcotic substance was lawfully prescribed and dispensed to the person in another State or a 19

 


 

Poisons Amendment Act 2012 Act No. of s. 13 Part 2 - Poisons Act 1971 Amended Territory for the use of the person or a member of his or her immediate family; and (b) the person brought the raw narcotic or narcotic substance into this State with them, either on their person or in their luggage. 13. Section 94 inserted After section 93 of the Principal Act, the following section is inserted in Division 3: 94. Savings and transitional provisions Schedule 3 has effect in respect of savings and transitional provisions consequent on the enactment of the Poisons Amendment Act 2012. 14. Schedule 3 inserted After Schedule 2 to the Principal Act, the following Schedule is inserted: 20

 


 

Poisons Amendment Act 2012 Act No. of Part 2 - Poisons Act 1971 Amended s. 14 SCHEDULE 3 - SAVINGS AND TRANSITIONAL PROVISIONS CONSEQUENT ON THE POISONS AMENDMENT ACT 2012 Section 94 1. Duration of licences A licence that was in force on the day on which the Poisons Amendment Act 2012 commenced remains in force until 31 March next following that day. 2. Appointment of responsible officer Notwithstanding section 16A, a licence holder, other than a natural person, that was holding a licence that was in force on the day on which the Poisons Amendment Act 2012 commenced is not required to appoint a responsible officer until the licence is next renewed. 21

 


 

Poisons Amendment Act 2012 Act No. of s. 15 Part 3 - Corrections Act 1997 Amended PART 3 - CORRECTIONS ACT 1997 AMENDED 15. Principal Act In this Part, the Corrections Act 1997* is referred to as the Principal Act. 16. Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by inserting after the definition of parole order the following definition: Poisons List has the same meaning as in the Poisons Act 1971; 17. Section 28 amended (Random testing and searching of prisoners and detainees) Section 28(1)(d) of the Principal Act is amended by omitting "set out in Schedule 1 to the Poisons List Order 1984". *No. 51 of 1997 22

 


 

Poisons Amendment Act 2012 Act No. of Part 4 - Guardianship and Administration Regulations 2007 Amended s. 18 PART 4 - GUARDIANSHIP AND ADMINISTRATION REGULATIONS 2007 AMENDED 18. Principal Regulations In this Part, the Guardianship and Administration Regulations 2007* are referred to as the Principal Regulations. 19. Regulation 3 amended (Interpretation) Regulation 3 of the Principal Regulations is amended by omitting the definition of Poisons List and substituting the following definition: Poisons List has the same meaning as in the Poisons Act 1971; *S.R. 2007, No. 91 23

 


 

Poisons Amendment Act 2012 Act No. of s. 20 Part 5 - Health Professionals (Special Events Exemption) Act 1998 Amended PART 5 - HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTION) ACT 1998 AMENDED 20. Principal Act In this Part, the Health Professionals (Special Events Exemption) Act 1998* is referred to as the Principal Act. 21. Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by omitting the definition of Poisons List and substituting the following definition: Poisons List has the same meaning as in the Poisons Act 1971; *No. 7 of 1998 24

 


 

Poisons Amendment Act 2012 Act No. of Part 6 - Misuse of Drugs Act 2001 Amended s. 22 PART 6 - MISUSE OF DRUGS ACT 2001 AMENDED 22. Principal Act In this Part, the Misuse of Drugs Act 2001* is referred to as the Principal Act. 23. Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by inserting after the definition of place the following definition: Poisons List has the same meaning as in the Poisons Act 1971; 24. Schedule 1 amended (Controlled Substances and Trafficable Quantities) Schedule 1 to the Principal Act is amended by omitting paragraph (a) from clause 1 of Part 1. *No. 94 of 2001 25

 


 

Poisons Amendment Act 2012 Act No. of s. 25 Part 7 - Poisons Regulations 2008 Amended PART 7 - POISONS REGULATIONS 2008 AMENDED 25. Principal Regulations In this Part, the Poisons Regulations 2008* are referred to as the Principal Regulations. 26. Regulation 3 amended (Interpretation) Regulation 3(1) of the Principal Regulations is amended as follows: (a) by omitting "Act;" from the definition of specified psychotropic substance and substituting "Act."; (b) by omitting the definition of Uniform Standard. 27. Regulation 5 amended (Manufacturing chemists and wholesale chemists) Regulation 5 of the Principal Regulations is amended by omitting subregulations (2) and (3). 28. Schedule 1 amended (Forms) Schedule 1 to the Principal Regulations is amended by omitting Forms 1 and 2. *S.R. 2008, No. 162 26

 


 

Poisons Amendment Act 2012 Act No. of Part 8 - Police Service Act 2003 Amended s. 29 PART 8 - POLICE SERVICE ACT 2003 AMENDED 29. Principal Act In this Part, the Police Service Act 2003* is referred to as the Principal Act. 30. Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting paragraphs (a) and (b) from the definition of drug and substituting the following paragraph: (a) a substance included in Schedule 2, 3, 4, 8 or 9 to the Poisons List; and (b) by inserting the following definition after the definition of non-commissioned police officer: Poisons List has the same meaning as in the Poisons Act 1971; *No. 75 of 2003 27

 


 

Poisons Amendment Act 2012 Act No. of s. 31 Part 9 - Legislation revoked PART 9 - LEGISLATION REVOKED 31. Legislation revoked The legislation specified in Schedule 1 is revoked. 28

 


 

Poisons Amendment Act 2012 Act No. of Part 10 - Repeal of Act s. 32 PART 10 - REPEAL OF ACT 32. Repeal of Act This Act is repealed 12 months after the day on which it commences. 29

 


 

Poisons Amendment Act 2012 Act No. of sch. 1 SCHEDULE 1 - LEGISLATION REVOKED Section 31 Prohibited Plant Order 1977 (No. 34 of 1977) Poisons (Prohibited Substances) Order 1990 (No. 54 of 1990) Poisons (Prohibited Substances) Amendment Order 1992 (No. 35 of 1992) Poisons (Prohibited Substances) Amendment Order 1995 (No. 2 of 1995) Poisons (Prohibited Substances) Amendment Order 1996 (No. 13 of 1996) Poisons (Prohibited Substances) Amendment Order (No. 2) 1996 (No. 164 of 1996) Poisons (Prohibited Substances) Amendment Order 1997 (No. 126 of 1997) Poisons (Prohibited Substances) Amendment Order (No. 2) 1997 (No. 162 of 1997) Poisons (Prohibited Substances) Amendment Order 1998 (No. 155 of 1998) Poisons (Prohibited Substances) Amendment Order 1999 (No. 14 of 1999) Poisons (Prohibited Substances) Amendment Order (No. 2) 1999 (No. 67 of 1999) Poisons (Prohibited Substances) Amendment Order 2000 (No. 10 of 2000) Poisons List Order 2001 (No. 102 of 2001) 30

 


 

Poisons Amendment Act 2012 Act No. of sch. 1 Poisons (Prohibited Substances) Amendment Order 2002 (No. 48 of 2002) Poisons List Amendment Order (No. 3) 2002 (No. 98 of 2002) Poisons (Prohibited Substances) Amendment Order 2004 (No. 155 of 2004) Poisons (Prohibited Substances) Amendment Order 2005 (No. 119 of 2005) Poisons (Prohibited Substances) Amendment Order 2006 (No. 67 of 2006) Poisons (Prohibited Substances) Amendment Order (No. 2) 2006 (No. 80 of 2006) Poisons List Amendment Order (No. 2) 2007 (No. 86 of 2007) Poisons List Amendment Order (No. 3) 2007 (No. 140 of 2007) Poisons List Amendment Order 2008 (No. 41 of 2008) Poisons (Prohibited Substances) Amendment Order 2008 (No. 42 of 2008) Poisons List Amendment Order (No. 2) 2008 (No. 103 of 2008) Poisons List Amendment Order (No. 3) 2008 (No. 177 of 2008) Poisons List Amendment Order 2009 (No. 28 of 2009) Poisons List Amendment Order (No. 2) 2009 (No. 100 of 2009) 31

 


 

Poisons Amendment Act 2012 Act No. of sch. 1 Poisons List Amendment Order (No. 3) 2009 (No. 105 of 2009) Poisons List Amendment Order (No. 4) 2009 (No. 201 of 2009) Poisons List Amendment Order 2010 (No. 28 of 2010) Poisons List Amendment Order (No. 2) 2010 (No. 101 of 2010) Poisons (Prohibited Substances) Amendment Order 2010 (No. 121 of 2010) Poisons List Amendment Order (No. 3) 2010 (No. 159 of 2010) Poisons List Amendment Order 2011 (No. 45 of 2011) Poisons (Prohibited Substances) Amendment Order 2011 (No. 70 of 2011) Poisons List Amendment Order (No. 2) 2011 (No. 90 of 2011) Poisons List Amendment Order (No. 3) 2011 (No. 141 of 2011) 32 Government Printer, Tasmania

 


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