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POISONS AMENDMENT BILL 2009
CLAUSE NOTES
Clause 1 Short Title
Clause 2 Commencement
Provides for the Act to commence on a day to be
proclaimed.
Clause 3 Effect of certain consequential amendments
This clause provides that the regulations amended by this
Act can be amended or rescinded at a later stage by
subsequent regulations.
Clause 4 Principal Act
This clause provides that the principal Act amended by this
Part is the Poisons Act 1971.
Clause 5 Section 3 amended (Interpretation)
This clause provides for key definitions within the Act.
Significant terms include:
· "drug" means a substance principally used
therapeutically or designed to be used therapeutically.
· "drug-dependant person".
· "drug of dependence" means a class of drugs identified
in Schedules 8 and 9 of the Poisons List or any other
drug declared by the Minister to be a drug of
dependence.
Clause 6 Section 4 inserted
This clause provides that a person exhibits "drug-seeking
behaviour"
· if they seek to obtain a drug of dependence for use for a
non-medical purpose or to sell or supply the drugs to
another person; or
· as a result of the drug use, the person exhibits an
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POISONS AMENDMENT BILL 2009
impaired ability to manage the use of the drug; or
· failure to obtain the drugs is likely cause mental or
physical distress or disorder.
Clause 7 Section 39 amended (Interpretation)
This clause removes a former definition of "drug" from
section 39 of the Principal Act.
Clause 8 Part VA inserted
This clause provides for the insertion of a new Part
(comprising new sections 59A to 59E) into the Principal
Act.
Section 59A provides for key definitions within Part VA.
Significant terms include:
· "notifiable restricted substance" means a substance
declared by the Minister to be a notifiable restricted
substance.
· "prescribed period" means a period declared by the
Minister to be the maximum period that a narcotic or
specified substance may be made available for
continuous use by a person without an authority from
the Secretary.
· "specified substance" means a substance declared by the
Minister to be a specified substance.
Section 59B provides that a medical practitioner, dentist or
authorised nurse practitioner must notify the Secretary if a
person exhibiting drug-seeking behaviour seeks a notifiable
restricted substance from them. The notification
requirement applies if the person is prescribed a substance
or has previously been prescribed a substance. The
notification is not required if the person is not (or has not
previously been) prescribed the substance.
The clause also provides a number of exemptions to this
requirement.
Section 59C makes it an offence for a medical practitioner,
dentist or authorised nurse practitioner to make available,
without the authority of the Secretary, a narcotic or
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POISONS AMENDMENT BILL 2009
specified substance to:
· a drug-dependent person;
· a person exhibiting drug-seeking behaviour;
· a person with a history of obtaining those substances for
a non-medical purpose;
· a person who the medical practitioner, dentist or
authorised nurse practitioner knows or ought to know
has an authority to receive the medication under section
59E (unless the drug is being administered under that
authority); or
· for a period longer than the specified period.
Section 59D provides an exemption from the prohibition in
section 59C for initial emergency treatment or for treatment
given in a hospital or Alcohol and Drug treatment centre.
Section 59E provides that the Secretary may authorise a
medical practitioner, dentist or authorised nurse
practitioner to make available a narcotic or specified
substance to a specific patient in certain circumstances.
The clause also extends the authority to a medical
practitioner or dentist working in the same practice as the
person authorised if they are treating that patient.
The clause sets out the mechanism for making an
application for an authority.
Clause 9 Part VI, Division 2A (section 89A) inserted
This clause provides transitional arrangements for the Act.
Basically, it provides that a notification or authority that
was in place under the Alcohol and Drug Dependency Act
1968 continues to have effect as if it were made under the
Principal Act.
An application for an authority made under the Alcohol and
Drug Dependency Act but not finalised before the
commencement of the Poisons Amendment Act 2009 is taken
to have been made under section 59E of this Act.
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POISONS AMENDMENT BILL 2009
Clause 10 Principal Act
This clause provides that the Principal Act amended by this
Part is the Alcohol and Drug Dependency Act 1968.
Clause 11 Part III repealed
This clause provides that Part III of the Alcohol and Drug
Dependency Act 1968 is repealed.
Clause 12 Principal Regulations
This clause provides that the Principal Regulations
amended by this Part are the Alcohol and Drug Dependency
Regulations 1999.
Clause 13 Part 2 rescinded
This clause provides that Part 2 of the Alcohol and Drug
Dependency Regulations 1999 is rescinded.
Clause 14 Schedule 1 amended (Forms)
This clause provides that Forms 1 and 2 of Schedule 1 to
the Alcohol and Drug Dependency Regulations 1999 are
omitted.
Clause 15 Principal Regulations
This clause provides that the Principal Regulations
amended by this Part are the Poisons Regulations 2008.
Clause 16 Regulation 19 amended (Prescription for certain narcotic
substances to be issued only on authority of Secretary)
This clause provides that Regulations 19(2), (3), (4), (5), (6)
and (7) of the Poisons Regulations 2008 are omitted.
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