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CLAUSE NOTES
Poisons Amendment Bill 2013
Clause 1 Short Title
Clause 1 provides the Bill will be cited as the Poisons Amendment
Act 2013.
Clause 2 Commencement
Clause 2 provides for the Act to commence on Royal Assent.
Clause 3 Principal Act
Clause 3 provides that the Poisons Act 1971 is referred to as the
Principal Act in the Bill.
Clause 4 Section 3 amended (interpretation)
Clause 3 substitutes a new definition of `prohibited substance'
and inserts a new subsection providing that the new definition
has effect on and from 1 July 2012.
The new definition provides that prohibited substance means a
substance or prohibited plant (other than Indian hemp) that is,
for the time being, specified in Schedule 9 to the Poisons List.
The definition of `prohibited substance' was previously amended
on 1 July 2012 with the intention that prohibited substances are
substances, including plants, in Schedule 9 to the Poisons List,
and do not include `prohibited plants' that are licensed for
commercial use (opium poppy and Indian hemp).
The new definition clarifies that intention. It specifically excludes
Indian hemp because Schedule 9 to the Poisons List includes
`cannabis' in some forms. Opium poppy is not specified in
Schedule 9 to the Poisons List and therefore does not need
specific exclusion in the new definition.
Clause 5 Repeal of Act
Clause 5 is a standard clause repealing the amending Bill 365
days after it commences, as the amendment will have been
incorporated into the Principal Act
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