Controlled Substances (Poisons) (Emergency Supplies) Variation Regulations 2020 (SA)

South Australia

Controlled Substances (Poisons) (Emergency Supplies) Variation Regulations 2020

under the Controlled Substances Act 1984

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Controlled Substances (Poisons) Regulations 2011

4            Variation of regulation 21—Exemptions from section 18 of Act

Part 1—Preliminary

1—Short title

These regulations may be cited as the Controlled Substances (Poisons) (Emergency Supplies) Variation Regulations 2020.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Controlled Substances (Poisons) Regulations 2011

4—Variation of regulation 21—Exemptions from section 18 of Act

1. Regulation 21(2)(f)(ii)—delete subparagraph (ii) and substitute:

   (ii)sells or supplies—

   (A)where the pharmacist is satisfied that the person for whom it is to be sold or supplied is affected by an emergency specified by the Minister by notice under subregulation (2a) and the sale or supply occurs during the period specified in relation to that emergency in the same notice—

   •for drugs that are on the Pharmaceutical Benefits Scheme—no more than the standard Pharmaceutical Benefits maximum quantity; or

   •for drugs that are not on the Pharmaceutical Benefits Scheme—the quantity that is contained in the smallest standard pack in which the drug is generally available; or

   (B)in any other case—

   •if the drug is a cream, ointment or liquid or one that is packaged in such a manner as to promote the safe and proper use of the drug—the smallest standard package or container made by the manufacturer; or

   •if the drug is not a cream, ointment or liquid or other drug described above—no more than 3 days dosage of the drug; and

2. Regulation 21—after subregulation (2) insert:

   (2a)If the Minister is satisfied that an emergency (within the meaning of the Emergency Management Act 2004) is occurring in an area of the State, the Minister may, by notice in the Gazette, specify the emergency and a period of time in relation to that emergency for the purposes of subregulation (2)(f)(ii)(A).

   (2b)A notice under subregulation (2a)—

   (a)may specify the emergency by reference to any factor the Minister thinks fit (including, without limitation, by a description of the circumstances of the emergency, the area within which the emergency is occurring or by any description by which the emergency is commonly known); and

   (b)may, from time to time as the Minister thinks fit, be varied or substituted by a new notice or be revoked.

3. Regulation 21—after regulation (3) insert:

   (4)In this regulation—

   Pharmaceutical Benefits Scheme means the Pharmaceutical Benefits Scheme under the National Health Act.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

after consultation by the Minister with the Advisory Council and with the advice and consent of the Executive Council

on 13 January 2020

No 1 of 2020