AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 59

Regulations relating to narcotics and narcotic substances

(1)  The Governor may make regulations for controlling the making, refining, preparation, sale, supply, prescription, possession, use, and distribution of narcotic substances or any of them, or of raw narcotics or any of them and, in particular and without prejudice to the generality of the foregoing, for or with respect to –
(a) regulating the granting of licences for the purposes of this Part;
(b) prescribing or regulating the times or stage of growth or development at which a prohibited plant may be harvested, treated, processed, or manufactured into narcotic drugs or other substances by the holders of licences under this Part, and prohibiting the harvesting, treatment, or processing of a prohibited plant or any part thereof except in accordance with such conditions as may be prescribed, and requiring and regulating the clearing, cleansing, or treatment as prescribed of any soil in which a prohibited plant has been so grown and the destruction of any part thereof not required by the holder of such a licence for any purpose of treatment, processing, or manufacture;
(c) prohibiting the making, refining, or preparation of a narcotic substance except on premises licensed for the purpose by the Minister and subject to any conditions specified in the licence;
(d) regulating the importation into, and export from, the State of any narcotic substance or raw narcotic;
(e) regulating the issue by medical practitioners, dentists, authorised health professionals, authorised nurse practitioners and veterinary surgeons of prescriptions for the supply of substances that are or contain narcotic substances and the dispensing of those prescriptions and prohibiting the issue of any such prescriptions by other persons;
(f) prescribing the persons by whom, the circumstances in which, and the conditions under which, a narcotic substance may be administered to a person;
(g) requiring medical practitioners, dentists, authorised health professionals and authorised nurse practitioners, in such cases or circumstances as may be prescribed, to furnish to such persons or authorities as may be prescribed such information as may be prescribed and as they may have with respect to persons professionally treated by them for the treatment of whom they have prescribed any narcotic substance;
(h) requiring persons engaged in the making, refining, preparation, sale, distribution, or supply of narcotic substances or engaged in the growing, cultivation, or harvesting of a prohibited plant to keep such books and records and furnish such information and returns as may be prescribed, and regulating the inspection of any such books or records;
(i) authorising the possession, keeping, or use of raw narcotics or narcotic substances, or both, by such persons or in such places as may be prescribed, and in such cases or circumstances and subject to such conditions as may be prescribed;
(j) regulating the storage and safe custody of narcotic substances; and
(k) prescribing fees to be paid in respect of any licence (other than a poppy research licence or a poppy grower's licence) issued or authority granted under this Part.
(2)  The regulations made under this section may make provision for or with respect to –
(a) authorising pharmacists to be in possession of narcotic substances for the purposes of–
(i) making, refining, or preparing at their shops in the ordinary course of retail business any preparation, admixture, or extract of such a substance; and
(ii) carrying on at their shops the business of selling, or of dispensing or compounding, such a substance;
(b) authorising medical practitioners, pharmacists employed in dispensing medicines at any public hospital or other like institution, dentists, authorised health professionals, authorised nurse practitioners and veterinary surgeons to be in possession of narcotic substances and, in the lawful practice of their professions or businesses as such, to supply narcotic substances, subject to such conditions and restrictions as may be prescribed;
(c) authorising persons in charge of laboratories for the purposes of research or instruction, and such other persons as the Minister may deem proper, to be in possession of narcotic substances for the purposes of their professions or employments, subject to such conditions and restrictions as may be prescribed;
(d) the issue, grant, and renewal of licences or authorities for the purposes of this Part by such person as may be prescribed and on such terms and subject to such conditions (including in the case of a licence the payment of a fee) as that person thinks proper;
(e) the suspension or cancellation of such a licence or authority; and
(f) the institution, hearing, and determination of appeals against any determination with respect to such a licence or authority made by the person by whom it is issued, granted, or revoked.
(3)  The regulations made under this section shall not provide for the issue of a general licence to make, refine, or prepare narcotic substances, but a licence issued under those regulations shall be limited to the making, refining, or preparation of any particular substance or substances specified in the licence.
(4)  Subsection (3) does not prevent the issue to any one person, pursuant to the regulations, of several licences to make, refine, or prepare narcotic substances.
(5)  The regulations, or any of them, made under this section may be made so as to apply –
(a) to all narcotic substances, to any such substance specified in the regulations, or to all such substances other than those specified; and
(b) to all persons, to persons or classes of persons specified in the regulations, or to all persons other than persons or classes of persons so specified.
(6)  The regulations made under this section or under any other provision of this Act may provide that any specified offence against this Part or those regulations shall be regarded as –
(a) professional misconduct within the meaning and for the purposes of Part 8 of the Health Practitioner Regulation National Law (Tasmania);
(b) .  .  .  .  .  .  .  .  
(c) .  .  .  .  .  .  .  .  
(ca) .  .  .  .  .  .  .  .  
(d) misconduct as a veterinary surgeon within the meaning and for the purposes of the Veterinary Surgeons Act 1987 ; and
(e) infamous or improper conduct, or misconduct, within the meaning and for the purposes of any other prescribed law relating to the carrying on of a particular profession, occupation, or calling.
(7)  The regulations under this section may prescribe the substances to which the regulations relate either specifically or by reference to any international convention referred to in the regulations or to any list of substances issued by, or by an agency of, the United Nations.


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