Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 81 of 1971
- Royal Assent 14 December 1971
TABLE OF PROVISIONS
Long Title
PART I - Preliminary
1. Short title and commencement
2. Section 2
3. Interpretation
3A. Matters to be taken into account in deciding whether a natural
person is a fit and proper person
3B. Matters to be taken into account in deciding whether a body
corporate is a fit and proper person
4. Meaning of drug-seeking behaviour
5. Construction of Act
PART 1A - General Provisions Relating to Licences
6. Applications for licences or renewal of licences
7. Investigation of application
8. Suitability of applicant
9. Conditions and restrictions of licence
10. Suspension or cancellation of licence
11. Immediate suspension of licence
12. Responsible officers
13. Responsibilities of responsible officer
13A. Obstruction of responsible officer
PART II - Administration Division 1 -
. . . . . . . .
Division 2 - Classification of substances
14. Adoption and amendment of Poisons List
15. Section 15
Division 3 - Licensing of manufacturing chemists and wholesale
chemists
16. Licences
16A. Section 16A
16B. Section 16B
16C. Section 16C
17. Section 17
18. Offences
Division 3A - Licensing of first-aid providers
18A. First-aid providers licence
Division 4 - Analysts
19. Appointment and remuneration of analysts
20. Section 20
21. Powers of the Government Analyst
22. Disqualification of analysts
Division 5 - General
23. Appointment of inspectors
24. Delegation of functions, &c.
25. Duties of analysts and inspectors
25A. Authorisation of registered nurses and midwives by Minister
25B. Authorisation of nurse practitioners by Secretary
25C. Authorisation of health professionals
25D. Interim authorisation of health professionals
25E. Authorisation of persons by Minister to possess scheduled substance
PART III - Poisons and Restricted Substances Division 1 -
Restrictions on the sale, supply, and possession of poisons and
restricted substances
26. Sale and supply of potent substances and hazardous and medicinal
poisons
27. Licences to sell certain substances
28. Sale of certain substances to be entered and kept in a poisons
book
29. Sales of certain substances by correspondence
30. Section 30
31. Modification of section 28 in relation to certain sales, &c.
32. Holders of licences under section 27 to produce poisons book on
demand
33. Restrictions on the sale of hazardous poisons
34. Owner, &c., of hazardous poisons not to leave them about
unlabelled
35. Section 35
36. Offences relating to certain restricted substances
Division 2 - Dangerous poisons
37. Regulations for the control, &c., of the manufacture, use,
&c., of dangerous poisons
Division 3 - Exemptions
38. Limitation of application of certain provisions of Division 1 of
this Part
Division 4 - Monitored medicines database
38A. Interpretation
38B. Secretary to establish and maintain monitored medicines database
38C. Powers of Secretary in relation to monitored medicines database
38D. Information provided to, and collected and stored in, monitored
medicines database
38E. Access, use and disclosure of information in monitored medicines
database
38F. Data source entity
38G. Prescribers to check monitored medicines database before issuing
prescription for monitored medicine
38H. Dispensers to check monitored medicines database before dispensing
monitored medicine
38I. Offences relating to unauthorised access or use of monitored
medicines database
Division 5 - Emergency orders
38J. Authorisation under emergency order
38K. Publication of emergency order
PART IV - New Drugs
39. Interpretation
40. Classification of new drugs
41. Prohibition of the sale, &c., of a new drug until it is
classified
42. Power to prohibit the sale, &c., of a new drug
43. Contravention, &c., of Ministerial order or conditions
PART V - Special Provisions Relating to Narcotics, Prohibited Plants,
and Prohibited Substances Division 1 - Interpretation
44. Interpretation: Part V
Division 2 - Restrictions on the importation, making, refining,
preparation, sale, supply, possession, cultivation, and use of
narcotics and prohibited plants
45. Restriction of importation
46. Manufacture of narcotic substances
47. Sale and supply of narcotic substances, prohibited plants, and
prohibited substances
47A. Administration of medicinal poisons and potent, restricted and
narcotic substances
47B. Section 47B
47C. Endorsed midwives
47D. Offence for endorsed midwife to make available drugs of dependence,
&c.
48. Possession of narcotic substances, &c.
49. Prohibition of possession of prohibited plants except under licence
50. Exceptions as to scientific institutions
51. Section 51
52. Growing of certain plants prohibited except under licence
Division 3 - Poppy research licence
53. Application for licence
54. Poppy research licence
54A. Duration of licence
54B. Renewal of licence
Division 3A - Poppy grower's licence
54C. Application for licence
54D. Poppy grower's licence
54E. Conditions of licence
54F. Duration of licence
54G. Renewal of licence
54H. Application for review of decision
54I. Review of decision
Division 4 - Prohibited substances
55. Prohibition of manufacture, &c., of prohibited substances
Division 5 - General
56. Offences against this Part
57. Application of certain provisions of the Criminal Code
58. Penalties
59. Regulations relating to narcotics and narcotic substances
PART VA - Notification and authorisation in relation to certain
restricted substances and narcotic substances
59A. Interpretation of Part
59AB. Treatment centres
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
PART 5A -
. . . . . . . .
PART VB - Poppy Advisory and Control Board Division 1 - Poppy
Advisory and Control Board
59G. Interpretation
59H. Poppy Advisory and Control Board
59I. Functions of Board
59J. Powers of Board
59K. Delegation
59L. Annual report
59M. Secretarial and administrative support
59N. Ministerial statement of expectation
59O. Contents of ministerial statement of expectation
59P. Statement of intent
59Q. Conduct to be consistent with ministerial statement of expectation
and statement of intent
Division 2 - General
59R. Guidelines
59S. Indemnity of Board
PART VI - Miscellaneous Division 1 - Analysis and examination of
scheduled substances and scheduled plants
60. Power to demand, select, and take samples
61. Analysis, &c., of substance or plant
62. Forwarding of sample for analysis or examination
63. Right of owner or buyer to have substance or plant analysed,
&c.
64. Where method of analysis or examination prescribed
65. Costs of analysis or examination
66. Copy of result of analysis or examination to be supplied on demand
in certain cases
67. Copy of inspector's certificate to be supplied on demand in certain
cases
68. Additional copies of certificate
69. Analysis or examination not to be referred to for trade purposes
Division 1A - Improvement notices
69AA. Improvement notices
69AB. Compliance with improvement notice
69AC. Contravention of improvement notice
69AD. Review of improvement notice
Division 2 - Legal proceedings and offences
69A. Time for instituting prosecutions
70. Return day of summons
71. Copy of analyst's certificate to be served on defendant
72. Source of information of witness need not be disclosed
73. Reports to inspector need not be disclosed
74. Burden of proof
75. Agent or servant liable in addition to principal
76. Right of agent or servant to recover from principal
77. Defence available to defendant where some other person is responsible
for commission of offence
78. Evidentiary provisions
79. Persons deemed to have sold certain substances
80. Selling certain substances by means of automatic machines prohibited
81. Medicines, &c., for internal use not to be sold in certain
containers
82. Obstruction, &c., of officers
83. Hawking, &c., of scheduled substances prohibited
83A. Possession of pipe, &c.
83B. Causing, &c., use of premises for certain purposes
83C. Offence to make false statement, &c.
84. Forfeiture of substances, &c., in certain cases
84A. Destruction of scheduled substances and prohibited plants
84B. Directions to former holder of licence
85. Section 85
86. Offences by bodies corporate
Division 2A - Transitional provision
86A. Transitional provision
86B. Savings provisions for current licences
Division 2B - Ice pipes
86C. Interpretation
86D. Application of Division
86E. Offence to sell ice pipes
86F. Defence
86G. Seizure of ice pipes, &c.
86H. Retention, return or destruction of seized ice pipes
Division 3 - General
87. Application of certain Acts to orders made under this Act
88. Calculation of percentages
89. Annual list of holders of licences under section 27
90. Powers of inspectors with respect to licensed premises, &c.
90A. Powers of police officers executing search warrants
90B. Seizure of certain substances found in vehicles, &c.
90C. Personal searches
90D. Power of police officer to require person to provide certain
particulars
90E. Power of police officer to pursue suspected person on to private
premises
91. Protection from liability
92. Revocation or suspension of rights
92A. Adoption of standards by reference
92B. Infringement notices
92C. Disclosure of protected information
93. Regulations
94. Savings and transitional provisions
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
[ Note: This table has been automatically generated and may be incomplete. ]