Tasmanian Consolidated Acts

POISONS ACT 1971

- Act 81 of 1971 
- Royal Assent 14 December 1971 

TABLE OF PROVISIONS

           Long Title

   PART I - Preliminary

   1.      Short title and commencement
   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.      

           Division 3 - Licensing of manufacturing chemists and wholesale chemists

   16.     Licences
   16A.     
   16B.     
   16C.     
   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.      
   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.      
   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.      
   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.     
   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.      
   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 - .  .  .  .  .  .  .  .  

   59A.    59A..   
   59B.    59B..   
   59C.    59C..   
   59D.    59D..   
   59E.    59E..   
   59F.    59F..   
   59G.    59G..   

   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.      
   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