Controlled Substances (Poisons) (Miscellaneous) Amendment Regulations 2024 (SA)

South Australia

Controlled Substances (Poisons) (Miscellaneous) Amendment Regulations 2024

under the Controlled Substances Act 1984

Part 1Preliminary1Short title

These regulations may be cited as the Controlled Substances (Poisons) (Miscellaneous) Amendment Regulations 2024.

2Commencement

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

Part 2Amendment of Controlled Substances (Poisons) Regulations 2011

3Amendment of regulation 25 – Possession of poisons (section 22 of Act)

1. (1)

   Regulation 25(3)(a)(i)—delete "Pest Canid Ejector" and substitute:

   Canid Pest Ejector

2. (2)

   Regulation 25(3)(a)—after subparagraph (ii) insert:

   or

   1. (iii)

      in the case of sodium fluoroacetate that is contained in a cartridge for use with a Felixer grooming trap—the concentration of sodium fluoroacetate in each cartridge does not exceed the constituent concentration specified in the Public Chemical Registration Information System (PUBCRIS) by APVMA; and

3. (3)

   Regulation 25(3)(b)—after "capsules" insert:

   , cartridges

4. (4)

   Regulation 25(3)(c)(i)—after "capsules" insert:

   , cartridges

5. (5)

   Regulation 25(3)(c)(ii)—after "capsules" insert:

   , cartridges

4Amendment of regulation 34A—Giving prescriptions for monitored drugs – special provisions

Regulation 34A—after subregulation (2) insert:

1. (3)

   Subregulation (1) does not apply to a person who gives a prescription for a drug if—

   1. (a)

      the prescription is a medication chart prescription; and

   2. (b)

      the provisions of the Commonwealth Regulations applying to the giving of a medication chart prescription for a pharmaceutical benefit are complied with in relation to the giving of the prescription for the drug (whether or not the drug is a pharmaceutical benefit).

5Insertion of Part 4A

After Part 4 insert:

Part 4A—Special provisions relating to monitored drugs

35C—Supply or administration of monitored drugs—special provisions

1. (1)

   A registered health practitioner acting in the ordinary course of the practitioner's profession must not supply or administer a monitored drug to a person unless the practitioner has taken all reasonable steps to check relevant information held in the monitored drugs database relating to the person.

Maximum penalty: $5 000.

1. (2)

   A registered health practitioner acting in the ordinary course of the practitioner's profession must not instruct or otherwise cause another person to supply or administer a monitored drug unless the practitioner has taken all reasonable steps to check relevant information held in the monitored drugs database relating to the person to whom the drug is to be supplied or administered.

Maximum penalty: $5 000.

1. (3)

   This regulation does not apply—

   1. (a)

      where a registered health practitioner (being a prescriber) gives a prescription for a monitored drug; or

   2. (b)

      where a monitored drug is to be dispensed on prescription; or

   3. (c)

      where a monitored drug (not being dextromoramide or pethidine) is to be supplied or administered to a person aged 70 years or more; or

   4. (d)

      where a monitored drug (not being dextromoramide or pethidine) is to be supplied or administered to a person and the registered health practitioner principally responsible for treatment of the person—

      1. (i)

         reasonably believes the person's life expectancy to be less than 12 months; and

      2. (ii)

         has informed the Minister of that belief along with the person's name, address and date of birth; or

   5. (e)

      where a monitored drug is to be supplied or administered to a person who is receiving treatment in a hospital or a correctional institution and the duration of treatment of the person with the drug while the person is in the hospital or correctional institution does not exceed 14 days; or

   6. (f)

      where a monitored drug is to be supplied or administered to a person who is being discharged from a hospital following treatment in the hospital and the duration of treatment of the person with the drug after discharge does not exceed 14 days; or

   7. (g)

      to a registered health practitioner supplying or administering a monitored drug on the lawful instruction of another person; or

   8. (h)

      to a registered health practitioner who, on the lawful instruction of another person, instructs or otherwise causes another registered health practitioner to supply or administer a monitored drug; or

   9. (i)

      to a person registered under the Health Practitioner Regulation National Law to practice in the paramedicine profession as a paramedic who is acting in the ordinary course of that profession.

2. (4)

   A reference in this regulation to a registered health practitioner will be taken to include a person, or person of a class, specified by the Minister by notice in the Gazette for the purposes of this subregulation.

6Amendment of regulation 45A – Restrictions on manufacture, sale, supply and use of certain paints and tinters

1. (1)

   Regulation 45A(1)(b)—delete "or anti-corrosive"

2. (2)

   Regulation 45A(1)(ba)—delete "or anti-corrosive"

Editorial note—

As required by section 10AA(2) of the Legislative Instruments 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's Deputy

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

on 18 July 2024

No 69 of 2024