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CLAUSE NOTES
Poisons Amendment Bill 2012
Part 1 Preliminary
Clause 1 Short Title
This clause provides that the Act is to be referred to as the
Poisons Amendment Act 2012.
Clause 2 Commencement
Provides for the Act to commence on a day to be proclaimed.
Clause 3 Subsequent amendment of Statutory Rules
This clause provides Statutory Rules amended by this Act may
be further amended by Statutory Rule.
Part 2 Poisons Act 1971 amended
Clause 4 Principal Act
This clause provides that the Principal Act amended by this Bill is
the Poisons Act 1971.
Clause 5 Section 3 amended (Interpretation)
This clause amends section 3(1) as follows:
"opium poppy" the substituted definition adds the
species papaver bracteatum to the description of the
opium poppy.
"Poisons List" the substituted definition means the list of
substances set out in Part 4 and Appendix C of the
Uniform Standard as amended in its application to
Tasmania from time to time. This amendment supports
the amended procedure in section 14 for adoption of the
Poisons List.
"prohibited substance" a substituted definition provides
this means a substance specified in Schedule 9 of the
Poisons List and includes a prohibited plant. Linking this
definition to the Poisons List ensures the description will
remain up to date as it is linked to the most recent
national standard, unless deliberately amended by the
Minister.
Page 1 of 9
"Uniform Standard" a new definition describes the
Standard for the Uniform Scheduling of Medicines and
Poisons, which is the Commonwealth standard on which
scheduling under the Act is based. The effect of the
definition is that a reference to the Uniform Standard is a
reference to the most recently published, substituted or
amended version of that standard. This will overcome
the need under the current provisions to continually
update the schedules of the Poisons List by ministerial
order.
New subsection (2) provides for the interpretation of references
to scheduled substances and schedules of particular numbers.
Subsection (5) is amended by omitting the reference to section
15, as that section is being repealed by the Bill.
Clause 6 Section 14 substituted (Adoption and amendment of
Poisons List)
The clause substitutes section 14 with a new section providing
for the adoption of Part 4 and Appendix C of the Uniform
Standard as the Poisons List and describing how the Uniform
Standard may be amended in its application to Tasmania.
Subsection (1) provides for the Minister to adopt Part 4 of the
Uniform Standard as amended from time to time - by order.
As the Uniform Standard is amended at least three times per
annum at the national level, it will no longer be necessary for the
Minister to regularly update the Poisons List by order to reflect
the national changes. Instead it will only be necessary to make
an order if the Minister wishes to amend the Uniform Standard
as it applies to Tasmania.
Subsection (2) provides that the Minister may amend the
Uniform Standard in its application to Tasmania by amending,
adding, removing or transferring specified substances to and
from the Schedules or by removing and substituting Schedules.
Subsection (3) provides that the Minister must have regard to
any relevant classification of substances made from time to time
by the United Nations organisation or any of its agencies when
amending the Uniform Standard in its application to Tasmania.
Relevant UN instruments include the Single Convention on
Narcotic Drugs, 1961 and the Convention of Psychotropic
Substances 1971 to which Australia is a signatory.
Page 2 of 9
Subsection (4) describes the schedules of the Uniform Standard
and the basis on which they are classified. Schedule 1-8
classifications are identical to the former Schedules to the
Poisons List. Schedule 9 lists substances which may be abused
or misused, the manufacture, 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 Commonwealth or State or Territory Health
Authorities. Schedule 9 substances are currently prohibited
substances scheduled by order under section 3(1).
Clause 7 Section 15 repealed
This clause removes section 15, which described how the
Minister could, at any time, amend the Poisons List by order
published in the Gazette, as this is now covered by s.14(2).
Clause 8 Section 16 amended (Licenses)
Section 16 is amended as follows:
Subparagraphs (a) and (b) provide for the format of
licences and applications for licences to carry on business
as a manufacturing chemist or to carry on business as a
wholesale chemist to be approved by the Secretary.
Previously the format had to be prescribed by the
Regulations, imposing an unnecessary administrative
burden in amending regulations to update the forms.
Subparagraph (c) inserts a new paragraph requiring
persons making licence applications who are not natural
persons to state the full name of the proposed
responsible officer (`responsible officer' is provided for in
new section 16A).
Subparagraphs (d) and (e) make amendments so that
licences continue in force for a period of up to twelve
months, so that licences can be renewed annually for up
to twelve months and do not automatically expire on 31
December each year.
Page 3 of 9
Clause 9 Sections 16A, 16B and 16C inserted
This clause inserts new sections 16A, 16B and 16C after section
16 of the Principle Act in Division 3.
16A (Responsible officers)
This inserts a new requirement for a holder of a licence granted
under section 16 who is not a natural person to appoint a
natural person as a responsible officer for each workplace at
which the holder of the licence carries on the licensed business
and makes provision for the failure of the holder of the licence
to do so, and other obligations of the holder of the licence.
16B (Duties of responsible officer)
This provides that the responsible officer is responsible for
compliance with the conditions of the licence and relevant
provisions of the Act and regulations at his or her workplace,
unless: it was not reasonably practicable to perform that
responsibility, or the failure to perform the responsibility was
due to causes over which the responsible officer had no control
and were not reasonably practicable to make provision for, or
the responsible officer exercised due diligence to prevent the
failure, or the responsible officer was unaware that he or she
had been appointed, or was taken to have been appointed, the
responsible officer.
Subsection (4) provides that the appointment of a responsible
officer does not relieve the holder of the licence of the
requirement to perform the holder's responsibilities under the
Act.
Subsection (5) provides that a responsible officer may be
proceeded against and convicted of having failed to perform the
responsibilities of the holder of the licence whether or not the
employer has been proceeded against or convicted of having
failed to perform the responsibility.
16C (Obstruction of responsible officer)
This provides that it is an offence for a person having authority
or control over the responsible officer at a workplace to
obstruct the responsible officer in exercising his or her
responsibilities under the Act. The offence has separate
penalties for a body corporate or a natural person.
Page 4 of 9
Clause 10 Section 36 amended (Offences relating to certain
restricted substances)
This clause amends section 36 to provide an exception in a new
subsection (2A) to the offence of unauthorised possession of
restricted substances for interstate visitors.
Currently the effect of section 36 is that it is an offence for
visitors from interstate to posses a declared restricted substance
that was lawfully prescribed in another State or Territory.
This was not intended.
The clause clarifies that a person visiting from interstate may
possess a declared restricted substance that was lawfully
prescribed and dispensed in another State or Territory, if they
brought the substance into this State with them on their person
or in their luggage.
The exception also applies to a person holding the substance for
the use of a member of the person's immediate family.
Clause 11 Section 45 amended (Restriction of importation)
This clause amends section 45 to provide an exception in a new
subsection (4) to the offence of importing a raw narcotic or
narcotic substance in the case of interstate visitors.
Currently the effect of section 45 is that it is an offence for
visitors from interstate to import a raw narcotic or narcotic
substance that was lawfully prescribed in another State or
Territory. This was not intended.
This clause clarifies that a person may bring into the State a raw
narcotic or narcotic substance that was lawfully prescribed and
dispensed in another State or Territory for their use or for the
use of a member of the person's immediate family.
Page 5 of 9
Clause 12 Section 48 amended (Possession of narcotic substances,
&c.)
This clause amends section 48 to provide an exception in a new
subsection (2A) to the offence of possessing a raw narcotic or
narcotic substance in the case of interstate visitors.
Currently the effect of section 48 is that it is an offence for
visitors from interstate to possess a raw narcotic or narcotic
substance that was lawfully prescribed in another State or
Territory. This was not intended.
The clause clarifies that a person may have in their possession a
raw narcotic or narcotic substance that was lawfully prescribed
and dispensed in another State or Territory for their use or for
the use of a member of the person's immediate family.
Clause 13 Section 95 inserted (Savings and transitional provisions)
This clause inserts a new section 95 providing that savings and
transitional provisions for the Poisons Amendment Act 2012 are
contained in Schedule 3.
Clause 14 Schedule 3 inserted
This clause inserts a new Schedule 3 to the Principal Act, titled
Savings and Transitional Provisions Consequent on the Poisons
Amendment Act 2011.
Paragraph 1 of the Schedule provides that licences in force on
the day on which the Act commences, remain in force until 31
March next following that day. This will operate to extend
current licences to 31 March rather than 31 December as
currently provided.
Paragraph 2 of the Schedule provides that, notwithstanding
section 16A, a licence holder that is not a natural person, that
was holding a licence on the day on which the amendments
commenced is not required to appoint a responsible officer until
the licence holder next applies for a licence.
Page 6 of 9
Part 3 Corrections Act 1997 amended
Clause 15 This clause notes that the Corrections Act 1997 is referred to as
the Principal Act in Part 3.
Clause 16 Section 3 amended (interpretation)
This clause amends section 3 of the Corrections Act 1997 by
inserting a new definition providing that `Poisons List' has the
same meaning as in the Poisons Act 1971.
Clause 17 Section 28 amended (Random testing and searching of
prisoners and detainees)
This clause removes reference to the Poisons List Order 1984 in
section 28(1)(d) of the Corrections Act, as the Poisons List will
now be defined in section 3 of the Corrections Act as having the
same meaning as in the Poisons Act 1971.
Part 4 Guardianship and Administration Regulations 2007
amended
Clause 18 Principal Act
This clause notes that the Guardianship and Administration
Regulations 2007 are referred to as the Principal Regulations in
Part 4.
Clause 19 Regulation 3 amended (Interpretation)
This clause replaces the definition of Poisons List in section 3 of
the Guardianship and Administration Regulations 2007 with a new
definition providing that `Poisons List' has the same meaning as in
the Poisons Act 1971.
Part 5 Health Professionals (Special Events Exemption) Act 1998
amended
Clause 20 Principal Act
This clause provides that the Health Professionals (Special Events
Exemption) Act 1998 is referred to as the Principal Act in Part 5.
Clause 21 Section 3 amended (Interpretation)
This clause replaces the definition of Poisons List in section 3 of
the Health Professionals (Special Events Exemption) Act 1998 with a
new definition providing that `Poisons List' has the same meaning
as in the Poisons Act 1971.
Page 7 of 9
Part 6 Misuse of Drugs Act 2001 amended
Clause 22 Principal Act
This clause provides that the Misuse of Drugs Act 2001 is referred
to as the Principal Act in Part 6.
Clause 23 Section 3 amended (Interpretation)
This clause amends section 3 of the Misuse of Drugs Act 2001 by
inserting a new definition providing that `Poisons List' has the
same meaning as in the Poisons Act 1971.
Clause 24 Schedule 1 amended (Controlled substances and
trafficable quantities)
This clause removes reference to the Poisons List Order 2001
as the Poisons List will now be defined in section 3 of the Misuse
of Drugs Act 2001 as having the same meaning as in the Poisons
Act 1971.
Part 7 Poisons Regulations 2008 amended
Clause 25 This clause provides that the Poisons Regulations 2008 are
referred to as the Principal Regulations in Part 7.
Clause 26 Regulation 3 amended (Interpretation)
This clause removes the definition of Uniform Standard and
makes a consequential minor typographical change to the
definition of `specified psychotropic substance'.
Clause 27 Regulation 5 amended (Manufacturing chemists and
wholesale chemists)
This clause removes subregulations (2) and (3), which prescribe
that licences to carry on business as manufacturing or wholesale
chemists in accordance with sections 16(2)(a) and 16(3)(a) of the
Poisons Act 1971 are to be in accordance with Forms 1 and 2, as
clause 8 provides for the format of these licences to be
approved by the Secretary instead of prescribed.
Clause 28 Schedule 1 amended (forms)
This clause removes Forms 1 and 2, which were the prescribed
forms for licences to carry on business as manufacturing or
wholesale chemists in accordance with sections 16(2)(a) and
16(3)(a) of the Poisons Act 1971.
Page 8 of 9
Part 8 Police Service Act 2003 amended
Clause 29 Principal Act
This clause provides that the Police Service Act 2003 is referred
to as the Principal Act in Part 8.
Clause 30 Section 3 amended (Interpretation)
This clause amends section 3 of the Police Service Act 2003 as
follows:
Subparagraph (a) amends the definition of `drug' to reflect the
inclusion of prohibited substances and prohibited plants in new
schedule 9 by omitting paragraphs (a) and (b) from the definition
of drug and inserting a new paragraph (a) that provides
Subparagraph (b) inserts a new definition providing that `Poisons
List' has the same meaning as in the Poisons Act 1971.
Part 9 Legislation Revoked
Clause 31 This clause provides that the legislation specified in Schedule 1 is
revoked.
Part 10 Repeal of Act
This clause provides that this Act is repealed 12 months after
the day on which it commences.
Schedule 1 Legislation to be revoked
This Schedule lists the legislation revoked by Clause 31.
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