Controlled Substances (Poisons) Regulations 1996 (SA)

South Australia

Controlled Substances (Poisons) Regulations 1996

under the Controlled Substances Act 1984

Contents

Part 1—Preliminary

1            Short title

4            Interpretation

5            Incorporation of the Uniform Poisons Standard

6            Declaration of poisons (section 12(1))

7           Declaration of prescription drugs (section 12(2))

7A          Declaration of drugs of dependence (section 12(3))

8            Certain new substances to be taken to be schedule 4 poisons

9            Application of these regulations

Part 2—Licences

10          Licences

11          Restrictions on medicine sellers licences

Part 3—Application of general offences (Part 4) of the Act

12          Manufacture, production and packing (section 13)

13          Sale by wholesale (section 14)

14          Sale or supply to end user (section 15)

15          Sale of certain poisons (section 16)

15AA       Prescribed professions (section 18)

15A         Declaration of section 17A precursors

15B         Declaration of section 17B precursors

15C         Declaration of section 17C precursors

15D         Exemptions from section 18A of Act

16          Possession (section 22)

17          Exemption from section 22 may be granted to certain pest controllers

18          Packaging of poisons (section 24)

19          Labelling of poisons (section 24)

20          Storage of poisons (section 25)

21          Transport of poisons (section 26)

22          Prohibition on use of certain poisons for certain purposes (section 27)

23          Restriction on advertising (section 28)

Part 4—Prescriptions and dispensing

25          How prescription to be given

26          Written prescriptions

27          Dispensing prescriptions

Part 5—Special provisions relating to certain S4 drugs

28          Prescribed professions and limitations (section 18(1))

29          Additional requirements for S4 drugs listed in Schedule K (section 18)

31          Exemptions from section 18 of Act

Part 5A—Special provisions relating to drugs of dependence

31A         Interpretation

31B         Special restrictions on prescription or supply of drugs of dependence by medical practitioners, dentists and veterinary surgeons

31C         Additional requirements for prescribers of drugs of dependence

31D         Manufacturers of drugs of dependence to record stocks

31E         Supply of drugs of dependence

31F         Receipt of drugs of dependence

31G         Supply or administration of drugs of dependence by medical practitioner, dentist, nurse or midwife

31H        Supply or administration of drugs of dependence by veterinary surgeon

31I         Additional requirements for administration of drugs of dependence in health service

31J         Destruction of drugs of dependence

31M        Non-compliance with Part 5A an offence

Part 7—Other offences

35          Restriction on giving samples of poisons

36          Offences relating to sale or supply of poisons

37          Offence to dispose of poison

38          Keeping of records etc

39          False information

40          Vicarious liability

Part 8—Miscellaneous

40A        Personal identification code equivalent to signature

40B         Certificate of identification of authorised officers

42          Research permit

43          Copies of codes etc to be kept available for public inspection

Schedule A—Modification of Uniform Poisons Standard

Schedule B—Certain substances declared as poisons—section 17A precursors

Schedule BA—Certain substances declared as poisons—section 17B precursors

Schedule C—Certain substances declared as poisons—section 17C precursors

Schedule D—Fees

Schedule E—Schedule 2 poisons authorised to be sold by holder of a medicine sellers licence

Schedule F—Prescribed poisons for the purposes of section 22 of Act

Schedule G—Schedule 3 poisons to which regulation 19 applies

Schedule I—S4 drugs that prescribed professionals may administer

Schedule J—S4 drugs that podiatric surgeons may prescribe, supply or administer

Schedule JA—S4 drugs that optometrists with a therapeutic drugs authorisation may prescribe, supply or administer

Schedule K—Restrictions on prescribing certain S4 drugs

Schedule L—End user statement

Legislative history

Part 1—Preliminary

1—Short title

These regulations may be cited as the Controlled Substances (Poisons) Regulations 1996.

4—Interpretation

(1)In these regulations, unless the contrary intention appears—

the Act means the Controlled Substances Act 1984;

address means the street address of the relevant premises;

APVMA means the Australian Pesticides and Veterinary Medicines Authority of the Commonwealth;

CEO means the Chief Executive of the Department;

dental hygienist means a person registered as a dental hygienist under the law of this State;

dental therapist means a person registered as a dental therapist under the law of this State;

to dispense means to supply a drug in accordance with a prescription for that drug;

drug means a poison designed for human or animal therapeutic use;

health service means a health service provided for the public or any section of the public for the purpose of curing, alleviating, diagnosing or preventing the spread of any mental or physical illness, disease, injury, abnormality or disability, and includes a hospital and a nursing home;

midwife means a person registered as a midwife under the law of this State;

optometrist means a person registered as an optometrist under the law of this State;

podiatric surgeon means a person registered under the law of this State in the specialty of podiatric surgery;

podiatrist means a person registered as a podiatrist under the law of this State;

poison means a substance declared by these regulations to be a poison;

prescriber means a person who lawfully gives a prescription for a drug;

record means—

(a)a documentary record; or

(b)a record made by an electronic, electromagnetic, photographic or optical process; or

(c)any other kind of record,

and to record has a corresponding meaning;

S4 drug means a schedule 4 poison;

Schedule F poison means a poison that is listed in Schedule F of these regulations;

Uniform Poisons Standard means the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth.

(2)In these regulations—

(a)a reference to schedule 1, schedule 2, schedule 3, schedule 4, schedule 5, schedule 6, schedule 7, or schedule 8 is a reference to the corresponding schedule in the Uniform Poisons Standard (as incorporated into these regulations); and

(b)a reference to a schedule 1 poison is a reference to a poison listed in schedule 1, a reference to a schedule 2 poison is a reference to a poison listed in schedule 2, and so on.

5—Incorporation of the Uniform Poisons Standard

The Uniform Poisons Standard, as modified by Schedule A of these regulations, is incorporated into these regulations.

6—Declaration of poisons (section 12(1))

(1)Pursuant to section 12(1) of the Act, the following substances (whether in a pure form, or contained in a preparation or admixture) are declared to be poisons:

(a)the primary substances listed in schedules 1 to 8 of the Uniform Poisons Standard, as modified by Schedule A of these regulations; and

(b)the primary substances listed in appendix C of the Uniform Poisons Standard; and

(c)the primary substances listed in Schedules B, BA and C of these regulations; and

(d)the following related substances, but subject to any express exclusion contained in the Standard:

(i)the artificial form of a primary substance;

(ii)where a primary substance is a plant (other than a plant included in schedule 8)—that plant, or any part of that plant, when packed or prepared for therapeutic use;

(iii)every salt, active principle or derivative (including an ester or ether) of a primary substance and every salt of such an active principle or derivative;

(iv)every alkaloid of a primary substance and every salt of such an alkaloid;

(v)every stereoisomer of a primary substance and every salt of such a stereoisomer.

(2)A related substance will be taken to be included in the schedule, or schedules, of the Uniform Poisons Standard in which the primary substance to which it is related is included.

(3)A reference in these regulations to a particular primary poison will be taken to include a reference to its related substances.

7—Declaration of prescription drugs (section 12(2))

Pursuant to section 12(2) of the Act, the poisons listed in schedule 4 and schedule 8 are declared to be prescription drugs.

7A—Declaration of drugs of dependence (section 12(3))

Pursuant to section 12(3) of the Act, the poisons listed in schedule 8 (including all their related substances referred to in regulation 6) are declared to be drugs of dependence, (whether in a pure form, or contained in a preparation or admixture).

8—Certain new substances to be taken to be schedule 4 poisons

On a substance designed for human or animal therapeutic use being approved by—

(a)the Therapeutic Goods Administration of the Commonwealth for inclusion in the Australian Register of Therapeutic Goods; or

(b)APVMA for inclusion in the Public Chemical Registration Information System (PUBCRIS),

the substance will be taken to be a schedule 4 poison until—

(c)it is listed in some other schedule to the Uniform Poisons Standard; or

(d)it is exempted from listing in the Uniform Poisons Standard.

9—Application of these regulations

These regulations do not apply in relation to—

(a)a poison when contained in a product that is listed in appendix A of the Uniform Poisons Standard; or

(b)a poison listed in appendix G of the Uniform Poisons Standard when contained in a preparation in a concentration not exceeding the concentration specified in appendix G for that poison; or

(c)a poison that is listed in any of the schedules 1 to 6 (but is not listed in schedule 7 or 8) of the Uniform Poisons Standard when contained in a preparation in a concentration not exceeding 10 milligrams per litre or 10 milligrams per kilogram.

Part 2—Licences

10—Licences

(1)Licences under the Act will be of the following classes:

(a)manufacturers licence (sections 13 and 31);

(b)wholesale dealers licence (sections 14 and 31);

(c)retail sellers licence (section 15);

(d)medicine sellers licence (section 15);

(e)licence to supply and administer an S4 drug (section 18);

(f)licence to possess Schedule F poisons (section 22);

(g)licence to possess drugs of dependence or equipment (section 31);

(h)licence to sell (other than by wholesale dealing), supply, administer or possess drugs of dependence (section 31).

(2)An application for a licence must be made to the Minister on a form approved by the Minister, completed and signed by the applicant in accordance with the instructions contained in the form, and must be accompanied by the appropriate fee set out in Schedule D of these regulations.

(3)The term of a licence is 1 year or 3 years at the option of the applicant.

(4)If a licence is to be granted or renewed for a period of 3 years, the fee payable is the appropriate fee set out in Schedule D of these regulations multiplied by 3.

Note—

Section 55 of the Act provides that the Minister may grant a licence subject to such conditions as the Minister thinks fit and specifies in the licence and may at any time, by notice in writing given personally or by post to the holder, vary or revoke a condition, or attach a further condition, to the licence.

11—Restrictions on medicine sellers licences

(1)A person is not eligible to be granted a medicine sellers licence unless he or she is carrying on the business of selling goods by retail in premises that are open for business for not less than 38 hours per week and—

(a)the premises are at least 25 kilometres (by the shortest practical route) from the nearest pharmacy that is open for not less than 3 hours per day (excluding Saturdays, Sundays and public holidays); or

(b)he or she satisfies the Minister that the local community is in particular need of a licensed medicine seller.

(2)A medicine sellers licence will be subject to a condition that the holder of the licence must not sell a schedule 2 poison other than one that is listed in Schedule E of these regulations.

Part 3—Application of general offences (Part 4) of the Act

12—Manufacture, production and packing (section 13)

(1)Section 13 of the Act applies to all poisons listed in schedules 1, 2, 3, 4 and 7.

(2)Exemption

A person who holds a licence under the Therapeutic Goods Act 1989 of the Commonwealth to manufacture goods that are poisons listed in schedules 1, 2, 3, 4 and 7 is exempt from the requirement to hold a licence under section 13 of the Act in respect of the manufacture of those goods.

13—Sale by wholesale (section 14)

Section 14 of the Act applies to all poisons listed in schedules 1, 2, 3, 4 and 7.

14—Sale or supply to end user (section 15)

(1)Section 15 of the Act applies to all poisons listed in schedules 1 to 3 and schedule 7.

(2)A person who sells by retail or supplies to a person a schedule 3 poison—

(a)must personally (that is to say, not through an assistant) give oral directions, supplemented wherever practicable with written directions, for the safe and proper use of the poison to the person purchasing or being supplied with the poison; and

(b)in respect of pseudoephedrine, must (unless he or she is a medical practitioner, dentist or veterinary surgeon)—

(i)record—

(A)the name and address of the person for whom the pseudoephedrine is purchased or supplied; and

(B)the date of sale or supply; and

(C)the directions given for the safe and proper use of the pseudoephedrine; and

(D)the trade name or the approved name of the pseudoephedrine sold or supplied, or, if it does not have either a trade or approved name, its ingredients and the form, strength and quantity sold or supplied; and

(E)a unique identifier enabling those records to be linked with the pseudoephedrine sold or supplied; and

(ii)lodge with the Department within 15 days of the end of each month a copy of the records kept under this subregulation in respect of pseudoephedrine sold or supplied during that month.

Maximum penalty: $3 000.

(3)Despite subregulation (2)(a), an interpreter may be used to assist in the giving of oral directions to a person who is not sufficiently familiar with the English language.

15—Sale of certain poisons (section 16)

(1)Section 16 of the Act applies to all poisons listed in schedule 7.

(2)For the purposes of section 16(4)(c) of the Act, the additional matters that a person who sells a schedule 7 poison must record are as follows:

(a)the date of purchase; and

(b)the address and usual occupation of the purchaser; and

(c)the trade name or the approved name of the poison purchased; and

(d)the form and strength of the poison purchased; and

(e)the quantity of the poison purchased.

15AA—Prescribed professions (section 18)

(1)Subject to this regulation, the profession of midwifery is prescribed for the purposes of section 18(1)(b) of the Act.

(2)Subregulation (1) only applies in respect of the supply or administration of a prescription drug (not being a drug of dependence) by members of the profession of midwifery that are midwives acting in accordance with the Nursing and Midwifery Practice Act 2008 (and, to avoid doubt, does not apply in relation to the sale by retail or prescribing of such drugs by members of the profession of midwifery).

(3)For the purposes of section 18(1)(c) of the Act, the profession of nursing is prescribed.

15A—Declaration of section 17A precursors

Section 17A of the Act applies to all poisons listed in Schedule B.

15B—Declaration of section 17B precursors

Section 17B of the Act applies to all poisons listed in Schedule BA.

15C—Declaration of section 17C precursors

Section 17C of the Act applies to all poisons listed in Schedule C.

15D—Exemptions from section 18A of Act

(1)Section 18A of the Act does not apply to the prescription or supply by a medical practitioner of a drug of dependence for use by—

(a)a person of or over 70 years of age, provided that the drug to be prescribed or supplied is not dextromoramide or pethidine; or

(b)a person whose life expectancy is reasonably believed, by the medical practitioner principally responsible for treatment of the person, to be less than 12 months, provided that—

(i)the drug to be prescribed or supplied is not dextromoramide or pethidine; and

(ii)the medical practitioner has informed the Minister of the person's name and address, date of birth and the nature of the condition for which the drug is prescribed or supplied; and

(iii)each prescription (if any) is endorsed either "Notified Palliative Care Patient" or "NPCP"; or

(c)a person in respect of whom a section 18A authority exists, provided that—

(i)in the case of a person who is receiving treatment in a hospital or correctional institution—

(A)the medical practitioner notifies the authorised prescriber that the practitioner has prescribed or supplied the drug or is intending to prescribe or supply the drug in respect of that person; and

(B)the drug is only administered to the person while in the hospital or correctional institution; and

(C)if the drug is solely for the treatment of drug dependence—the dose administered does not exceed the dose authorised; or

(ii)in the case of a person who is being discharged from a hospital following treatment in the hospital—

(A)the medical practitioner notifies the authorised prescriber that the practitioner has prescribed or supplied the drug or is intending to prescribe or supply the drug in respect of that person; and

(B)if the drug is solely for the treatment of drug dependence—the dose prescribed does not exceed the dose authorised; or

(iii)in the case of a person not referred to in subparagraph (i) or (ii)—

(A)the medical practitioner prescribing or supplying the drug—

•notifies the authorised prescriber that the practitioner has prescribed or supplied the drug or is intending to prescribe or supply the drug in respect of that person; or

•is a medical practitioner (including a locum for the time being substituting for such a practitioner) in the same practice as the authorised prescriber; and

(B)the medical practitioner prescribing or supplying the drug does so with the approval of the authorised prescriber; and

(C)the medical practitioner prescribing or supplying the drug complies with the section 18A authority relating to the person for whom the drug is prescribed or to whom the drug is supplied; or

(d)a person in respect of whom a section 18A authority does not exist, provided that—

(i)in the case of a person who is receiving treatment in a hospital or correctional institution—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

(ii)in the case of a person who is being discharged from a hospital following treatment in the hospital—the duration of treatment of the person with the drug after discharge does not exceed 14 days.

(3)In this regulation—

authorised prescriber means the holder of a section 18A authority;

correctional institution has the same meaning as in the Correctional Services Act 1982;

section 18A authority means an authority granted by the Minister to a medical practitioner under section 18A of the Act to prescribe or supply a drug of dependence.

16—Possession (section 22)

(1)Section 22 of the Act applies to all Schedule F poisons.

(2)Exemption

A person is exempt from section 22 of the Act in respect of possession of—

(a)strychnine, if—

(i)the person is the owner or occupier, or an agent or employee of an owner or occupier, of land situated outside Metropolitan Adelaide and outside any township; and

(ii)the strychnine is a constituent of baits designed for destroying mice; and

(iii)the quantity of baits in the person's possession does not exceed 5 kilograms; and

(iv)the amount of strychnine present in any quantity of the baits does not exceed 0.5 per cent; or

(b)chloropicrin, if—

(i)in the case of pure chloropicrin, the quantity in the person's possession does not exceed 7 litres;

(ii)in the case of chloropicrin in a compound preparation, the concentration of chloropicrin does not exceed 5 per cent; or

(c)sodium fluoroacetate if—

(i)the sodium fluoroacetate is a constituent of baits designed for destroying vertebrate animals; and

(ii)the concentration of sodium fluoroacetate in each bait does not exceed 0.04 per cent; and

(iii)the total amount of sodium fluoroacetate present in the particular quantity of baits for destroying vertebrate animals does not exceed 10 grams; and

(iv)the person—

(A)has the written approval of a regional NRM board under the Natural Resources Management Act 2004 to acquire and possess those baits; and

(B)acquires the baits from a supplier approved by the Chief Officer; and

(C)complies with any conditions imposed by the Chief Officer on granting the approval to acquire and possess baits.

(2a)A person lawfully in possession of baits containing strychnine under subregulation (2)(a) must not use those baits except for the purpose of destroying mice in or around storage areas on land situated outside Metropolitan Adelaide and outside any township.

Maximum penalty: $3 000.

(3)A regional NRM board that granted an approval under subregulation (2)(c)(iv)(A) may, in relation to the approval—

(a)impose such conditions as it thinks fit; and

(b)for such reasons as it thinks fit, vary or revoke the approval.

(3a)The Chief Officer may, in relation to an approval under subregulation (2)(c)(iv)(B) or (C)—

(a)impose such conditions as he or she thinks fit; and

(b)for such reasons as he or she thinks fit, vary or revoke the approval.

(4)A person who does not comply with a condition imposed under subregulation (3) is guilty of an offence.

Maximum penalty: $3 000.

(6)In this regulation—

Chief Officer means the Chief Officer under the Natural Resources Management Act 2004 (and includes a person acting in that office from time to time);

Metropolitan Adelaide means Metropolitan Adelaide within the meaning of the Development Act 1993.

17—Exemption from section 22 may be granted to certain pest controllers

(1)The Minister may exempt a person who is licensed under the Controlled Substances (Pesticides) Regulations 2003 from the requirement to hold a licence under section 22 of the Act in respect of the use of a pesticide that is a Schedule F poison.

(2)The Minister may, by notice in writing to an exempted person, vary or revoke the exemption.

18—Packaging of poisons (section 24)

(1)For the purposes of section 24(b) of the Act, the requirements as to packaging with which the seller or supplier of a poison must comply are—

(a)the requirements set out in the Uniform Poisons Standards (as incorporated into these regulations); and

(b)the additional requirements set out in subregulation (3).

(2)The Minister may grant an exemption from subregulation (1) to a seller or supplier in respect of a particular product if the Minister is satisfied that the product is otherwise adequately packaged.

(3)A poison must be enclosed in a package or container that—

(a)is impervious to, and incapable of chemical reaction with, the poison when the package or container is under conditions of temperature and pressure that are likely to be encountered in normal use; and

(b)has sufficient strength and impermeability to prevent leakage of the poison during handling, transport and storage of the package or container under normal handling conditions; and

(c)in the case of a package or container intended to be opened more than once—is able to be securely and readily closed and reclosed; and

(d)in the case of a prescribed poison—complies with the packaging requirements of Therapeutic Goods Order No 65.

(4)In this regulation—

prescribed poison means—

(a)a poison that—

(i)is a substance listed in the First Schedule to Therapeutic Goods Order No 65 or a salt, ester or other derivative of such a substance; and

(ii)is contained in therapeutic goods to which that Order applies; or

(b)a poison that—

(i)is a substance listed in the First Schedule to Therapeutic Goods Order No 65 or a salt, ester or other derivative of such a substance; and

(ii)is intended solely for use in animals;

therapeutic goods has the same meaning as in the Therapeutic Goods Act 1989 of the Commonwealth;

Therapeutic Goods Order No 65 means Therapeutic Goods Order No 65 entitled Child-Resistant Packaging for Therapeutic Goods made under the Therapeutic Goods Act 1989 of the Commonwealth on 5 August 2004, as amended from time to time.

19—Labelling of poisons (section 24)

(1)For the purposes of section 24(c) of the Act, the requirements as to labelling with which the seller or supplier of a poison must comply are as follows:

(a)in the case of the supply in the course of professional practice or the sale by retail (other than pursuant to dispensing a prescription) of a poison designed for human or animal therapeutic use (not being a schedule 3 poison that is listed in Schedule G of these regulations), the package or container in which the poison is supplied or sold must have affixed to it—

(i)the manufacturer's label, if that label conforms with the requirements of the Uniform Poisons Standard (as incorporated into these regulations); or

(ii)a label that conforms with subregulation (2);

(b)in the case of the supply or sale by retail of a schedule 3 poison that is listed in Schedule G of these regulations, the package or container in which the poison is supplied or sold must have affixed to it a label that conforms with subregulation (2);

(c)in the case of the sale of a poison designed for human or animal therapeutic use pursuant to dispensing a prescription for the poison, the package or container in which the poison is sold must have affixed to it a label that conforms with subregulation (2);

(d)in any other case, the package or container in which the poison is sold (whether by wholesale or retail) must have affixed to it a label that conforms with the requirements of the Uniform Poisons Standard (as incorporated into these regulations).

(2)For the purposes of paragraphs (a)(ii), (b) and (c) of subregulation (1), the label must have the following information clearly printed on it:

(a)the name (or business name), business address and telephone number of the person by whom the poison is sold or supplied; and

(b)—

(i)the name of the person for whose use the poison is sold or supplied; or

(ii)where the poison is intended for an animal—the species of animal for which it is intended and the name of the owner of the animal and the name (if any) of the animal; and

(c)the trade name or the approved name of the poison or, if it does not have either a trade or approved name, its ingredients; and

(d)if the poison is part of a preparation or admixture—the strength or proportion of poison contained in the preparation or admixture; and

(e)directions for the safe and proper use of the poison, including (where relevant) the route of administration; and

(f)the date on which the poison is sold or supplied; and

(g)in the case of a poison sold pursuant to dispensing a prescription for the poison—a unique identifier that enables the poison to be linked with the prescription; and

(h)in the case of a schedule 3 poison that is listed in Schedule G of these regulations—a unique identifier enabling that poison to be linked with the records required to be kept under regulation 14(2)(b); and

(i)in the case of a preparation for internal use by humans (other than infants) that contains a poison listed in appendix K of the Uniform Poisons Standard—1 of the following statements:

"This medication may cause drowsiness. If affected do not drive a vehicle or operate machinery. Avoid alcohol."; or

"This medication may cause drowsiness and may increase the effects of alcohol. If affected do not drive a motor vehicle or operate machinery."; or

(j)in the case of—

(i)adapalene, dienestrol, leflunomide, levocabastine or misoprostol; or

(ii)a poison that is listed in the table in Schedule K of these regulations (other than in item 1),

the warning statements prescribed for that poison in Appendix F, Part 1 of the Uniform Poisons Standard.

(3)The Minister may grant an exemption from this regulation, or any provision of this regulation, to a seller or supplier in respect of a particular product if the Minister is satisfied that the product is otherwise adequately labelled.

20—Storage of poisons (section 25)

For the purposes of section 25 of the Act, a person must not store—

(a)any poison in a container that—

(i)is normally used for containing food or beverages; or

(ii)is similar to a container that is normally used for containing food or beverages; or

(b)a schedule 3, 4 or 7 poison in retail premises unless it is stored in a part of the premises to which the public is not permitted access; or

(c)a schedule 2, 5 or 6 poison (other than a schedule 6 poison that is a hair colouring preparation) in retail premises unless—

(i)it is stored in a part of the premises to which the public is not permitted access; or

(ii)if it is stored in a part of the premises to which the public is permitted access, it—

(A)is stored not less than 1.2 metres above floor level; or

(B)is enclosed in a child-resistant package or container approved by the Minister; or

(C)is enclosed in a blister pack; or

(D)is stored in a container that has a capacity of not less than five litres; or

(E)is stored in a container that has a gross weight of not less than five kilograms; or

(d)a drug of dependence except in accordance with the requirements of the Code of Practice for the Storage and Transport of Drugs of Dependence, developed by the Department, as in force from time to time.

21—Transport of poisons (section 26)

For the purposes of section 26 of the Act, a person must not—

(a)consign a poison for transport unless it is packed in such a way as to avoid leakage arising from the ordinary risks of handling and transport; or

(b)transport a poison in a vehicle in which any food, or component of food, for human or animal consumption is being transported unless the poison is carried in a part of the vehicle effectively separated from that part of the vehicle containing the food; or

(c)consign for transport, or transport, a drug of dependence except in accordance with the requirements of the Code of Practice for the Storage and Transport of Drugs of Dependence, developed by the Department, as in force from time to time.

22—Prohibition on use of certain poisons for certain purposes (section 27)

(1)For the purposes of section 27 of the Act, a person must not sell, supply, purchase or use a schedule 7 poison for a domestic purpose or domestic gardening purpose.

(2)For the purposes of section 27 of the Act, a person must not prescribe, sell, supply or use a poison listed in appendix C of the Uniform Poisons Standard for the purpose or purposes indicated in relation to that poison in appendix C (other than amygdalin for human therapeutic use).

(3)For the purposes of section 27 of the Act, a person must not prescribe, sell, supply or use amygdalin for human therapeutic use unless—

(a)special access to amygdalin has been authorised in accordance with the requirements of sections 18 and 31A of the Therapeutic Goods Act 1989 of the Commonwealth and regulation 12A of the Therapeutic Goods Regulations 1990 of the Commonwealth; and

(b)permission for the importation of amygdalin (subject to special access authorisation) has been granted under regulation 5H and Schedule 8 item 12AA of the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth.

(4)For the purposes of section 27 of the Act, a person must not—

(a)prescribe, sell, supply or purchase a poison produced for the treatment of animals if the person knows, or if there are reasonable grounds for suspecting, that the poison is intended for human use; or

(b)administer to any person (including himself or herself) a poison produced for the treatment of animals; or

(c)use choramphenicol for the treatment of stock bred, raised or used for the purpose of providing a product for human consumption.

(5)In this regulation—

stock means—

(a)any bird or other animal; and

(b)any bee of the genus Apis or Megachile.

23—Restriction on advertising (section 28)

(1)Section 28 of the Act applies to all poisons listed in schedules 3, 4 and 8, except where the advertisement of such a poison appears in a journal that is circulated predominantly among health practitioners, scientists working in medical laboratories or persons who hold a wholesale dealers licence.

(2)In this regulation—

health practitioner means—

(a)a person who is registered under the law of this State as a chiropractor, dentist, dental hygienist, dental prosthetist, dental technician, dental therapist, medical practitioner, midwife, nurse, optometrist, osteopath, pharmacist, podiatrist, podiatric surgeon, physiotherapist, psychologist or veterinary surgeon; or

(b)a medical administrator;

journal means a newsletter, magazine or other periodical, whether published for sale or for distribution without charge.

Part 4—Prescriptions and dispensing

25—How prescription to be given

(1)Subject to this regulation, a prescriber must give a prescription for a drug in writing, and must give it to the person for whom the drug is to be supplied, or to a person acting on behalf of that person.

Maximum penalty: $5 000.

(2)A prescriber may, if of the opinion that good reason exists for doing so, give a prescription for a drug to a pharmacist by telephone, fax transmission or some other form of electronic transmission.

(3)If, in accordance with subregulation (2), a prescription is given by telephone or by some form of electronic transmission (other than fax), the prescriber—

(a)must give the pharmacist the following information:

(i)his or her name and full address; and

(ii)the full name and address of the person to whom the drug is to be supplied; and

(iii)the name, dose form and (if relevant) the route of administration of the drug to be dispensed; and

(iv)where applicable—the strength of the drug to be dispensed; and

(v)the dose of the drug to be administered to the person for whom the drug is prescribed or to the animal in relation to which the drug is prescribed; and

(vi)the total amount of the drug to be dispensed; and

(vii)the frequency at which the drug is to be administered; and

(b)must, immediately after giving the prescription by that method, complete a written prescription that—

(i)clearly states that it is given in confirmation of the prescription given by telephone or by electronic transmission (as the case may be) on the particular date on which it was so given; and

(ii)otherwise complies with these regulations; and

(c)must—

(i)where the prescription is for a drug of dependence, forward the written prescription to the pharmacist within 24 hours of giving the prescription by telephone or by electronic transmission; or

(ii)in any other case, forward the written prescription to the pharmacist as soon as practicable after giving the prescription by that method.

Maximum penalty: $3 000.

(4)If, in accordance with subregulation (2), a prescription is given to a pharmacist by fax the prescriber must—

(a)in the case of a prescription for a drug of dependence—forward the original prescription to the pharmacist within 24 hours of giving the prescription by fax; or

(b)in any other case—forward the original prescription to the pharmacist as soon as practicable after giving the prescription by that method,

unless the prescriber has endorsed the prescription given by fax with the name and address of a single pharmacy at which the prescription may be dispensed.

Maximum penalty: $3 000.

(5)The Minister may exempt a prescriber or class of prescribers from the operation of this regulation if satisfied that the prescriber or class of prescribers has adequate arrangements for the electronic transmission of prescriptions.

(6)An exemption under subregulation (5)—

(a)may be subject to such conditions as the Minister thinks fit; and

(b)may be varied or revoked by the Minister at any time by notice in writing.

26—Written prescriptions

(1)A prescriber who writes a prescription for the supply of a drug must—

(b)date the prescription with the date on which the prescription is written and sign the prescription; and

(c)include on the prescription—

(i)his or her professional name, address and telephone number; and

(ii)—

(A)the full name and address of the person for whom the prescription is intended; or

(B)where the prescription is intended for an animal—the species of animal for which it is intended, the name and address of the owner of the animal and the name (if any) of the animal; and

(iii)where the prescriber is a dentist—the words "For dental treatment only"; and

(iv)where the prescriber is a veterinary surgeon—the words "For animal treatment only"; and

(v)where the prescriber is a podiatric surgeon—the words "For podiatric treatment only"; and

(d)specify—

(i)the name, dose form and (if relevant) the route of administration of the drug being prescribed; and

(ii)where applicable—the strength of the drug; and

(iii)the dose of the drug to be administered to the person for whom, or the animal for which, it is prescribed; and

(iv)the frequency at which the drug is to be administered; and

(v)the total amount of the drug to be supplied each time the prescription is dispensed; and

(vi)the total number of times the drug may be dispensed; and

(e)if the prescription is for a drug of dependence for human use, comply with the following additional requirements:

(i)include on the prescription—

(A)the date of birth of the person for whom the prescription is intended; and

(B)where the prescriber is acting under a section 18A authority—the authority number; and

(ii)express the total amount of the drug to be specified under subparagraph (d)(v) in both words and numerals; and

(iii)keep a record of the details required to be included and specified under this regulation.

(2)If the prescriber is prescribing an above average strength or potentially dangerous dose of the drug, he or she must—

(a)underline the statement of the dose of the drug in the prescription; and

(b)sign his or her initials alongside the underlined portion of the prescription referred to in paragraph (a).

(3)A person who contravenes or fails to comply with this regulation is guilty of an offence.

Maximum penalty: $3 000.

(4)For the purposes of this regulation, a prescriber who, in accordance with the terms of an exemption under regulation 25(5) is permitted to transmit prescriptions electronically, will be taken to have signed a prescription as required by subregulation (1), or signed a portion of a prescription as required by subregulation (2), if the prescriber attaches an electronic signature to the prescription in accordance with any conditions of the exemption.

27—Dispensing prescriptions

(1)A pharmacist or medical practitioner who dispenses a prescription for a drug—

(a)must endorse on the prescription or, in the case of a prescription given by fax that is endorsed with the name and address of a single pharmacy at which the prescription may be dispensed, on the faxed copy of the prescription—

(i)his or her name, business name and business address; and

(ii)the date on which the drug is dispensed; and

(iii)the unique identifier applicable to the drug; and

(b)must, on the day on which the drug is dispensed, record—

(i)the unique identifier applicable to the drug dispensed on the prescription; and

(ii)his or her name as the dispenser; and

(iii)the date; and

(iv)the trade name or the approved name of the drug, or, if it does not have either a trade or approved name, its ingredients; and

(v)—

(A)the full name and address of the person for whose use the drug is dispensed; or

(B)where the drug is intended for an animal—the species of animal for which it is intended, the name and address of the owner of the animal and the name (if any) of the animal; and

(vi)the form, strength and quantity of the dispensed drug; and

(vii)the directions given for the safe and proper use of the dispensed drug; and

(viii)the name, address and business telephone number of the person who prescribed the drug; and

(ix)the number of times the prescription may be dispensed and (where the prescription so specifies) the intervals at which the drug may be dispensed; and

(c)if the prescription is for a schedule 4 poison and does not specify the number of times the drug is to be dispensed, must—

(i)dispense it once only pursuant to that prescription; and

(ii)endorse the word "CANCELLED" on the prescription or, in the case of a prescription given by fax that is endorsed with the name and address of a single pharmacy at which the prescription may be dispensed, on the faxed copy of the prescription; and

(iii)unless the prescription is for any reason forwarded to the Department or the Minister—retain the original or duplicate prescription or, in the case of a prescription given by fax that is endorsed with the name and address of a single pharmacy at which the prescription may be dispensed, the faxed copy of the prescription (as the case may be) for at least 1 year and have it readily available for inspection during that period; and

(d)if the prescription specifies the number of times and the intervals at which the drug may be dispensed—must not dispense the drug more times than the number specified or at intervals less than those specified; and

(da)if the prescription specifies the number of times but not the intervals at which the drug may be dispensed—must not dispense the drug more frequently than he or she considers appropriate; and

(e)in the case of a prescription for a drug of dependence, must, each time the drug is dispensed, except where the drug is fully dispensed, forward a copy of the prescription to the CEO no later than the 7th day of the month following the month in which the drug was so dispensed or such later date as the CEO may, on application by the pharmacist or medical practitioner, authorise; and

(f)if a prescription is fully dispensed, must—

(i)on the day on which the prescription is fully dispensed, endorse the word "CANCELLED" on the prescription or, in the case of a prescription given by fax that is endorsed with the name and address of a single pharmacy at which the prescription may be dispensed, on the faxed copy of the prescription; and

(ii)—

(A)in the case of a prescription for a drug of dependence—forward to the CEO the prescription or, in the case of a prescription given by fax that is endorsed with the name and address of a single pharmacy at which the prescription may be dispensed, the faxed copy of the prescription, not later than the 7th day of the month following the month in which the drug was so dispensed (or such later date as the CEO may, on the application by the pharmacist or medical practitioner, authorise); or

(B)in any other case—retain the original or duplicate prescription and, in the case of a prescription given by fax that is endorsed with the name and address of a single pharmacy at which the prescription may be dispensed, the faxed copy of the prescription (as the case may be), for at least 2 years and have it readily available for inspection during that period.

Maximum penalty: $5 000.

(1a)A pharmacist in charge of a pharmacy at which no drugs of dependence are dispensed for a period of 30 consecutive days must, no later than the 7th day of the month following the month during which the 30th day of that period falls, notify the CEO of that fact in writing.

Maximum penalty: $5 000.

(2)If a prescription has been issued in duplicate and the original is retained by the pharmacist or medical practitioner, it is sufficient compliance with this regulation if the required information is marked on the duplicate prescription.

(3)Despite subregulation (1)(d), if a pharmacist or medical practitioner is satisfied that a person—

(a)has lost a previously dispensed supply of a drug; or

(b)will, through absence from the State or otherwise, find it unduly difficult to have future supplies of a drug dispensed as needed,

he or she may (but is not obliged to) dispense a prescription for the person at an interval earlier than that specified on the prescription.

(4)If, pursuant to subregulation (3), a pharmacist or medical practitioner dispenses a drug of dependence at an earlier interval than that specified on the prescription, the pharmacist or practitioner must notify the prescriber of that fact in writing.

(4a)If a prescription given by fax is endorsed with the name and address of a single pharmacy at which the prescription may be dispensed, a pharmacist must not dispense the prescription unless he or she is on duty at that pharmacy.

Maximum penalty: $5 000.

(5)A pharmacist or medical practitioner must not dispense a prescription for a drug—

(a)if the prescription—

(i)is presented or otherwise sought to be dispensed—

(A)in the case of a drug of dependence—more than 6 months after the date on which it was written; or

(B)in any other case—more than 12 months after the date on which it was written; or

(ii)has been cancelled; or

(iii)is partly or wholly illegible; or

(iv)does not comply with the Act or regulations; or

(b)if there are reasonable grounds for suspecting that the prescription has been altered, forged or obtained by false pretences; or

(c)unless—

(i)in the case of a prescription that is to be dispensed for the first or only time—

(A)an original prescription is presented; or

(B)the prescription is given by fax and is endorsed with the name and address of a single pharmacy at which the prescription may be dispensed; or

(ii)in the case of a prescription that is to be dispensed for the second or subsequent time—

(A)the original prescription and a written record (whether made on the prescription or on a separately attached repeat authorisation) of the number of times the drug has been dispensed are presented; or

(B)a duplicate or copy of the prescription and a written record (made both on the duplicate or copy (as the case may be) and on a separately attached repeat authorisation) of the number of times the drug has been dispensed are presented; or

(d)if the prescription has been transmitted electronically—unless the prescription is able to be dispensed by the pharmacist or medical practitioner in accordance with the terms of an exemption under subregulation (6a).

Maximum penalty: $5 000.

(6)A pharmacist or medical practitioner must not, in respect of a drug of dependence—

(a)dispense more than 2 days' supply of the drug unless at least one of the following applies:

(i)the person for whose use the drug is prescribed is known to the pharmacist or practitioner; or

(ii)the pharmacist or practitioner recognises the signature on the prescription as that of the prescriber who purportedly gave the prescription; or

(iii)the pharmacist or practitioner has verified with the prescriber who purportedly gave the prescription that the prescription was in fact given by that prescriber; or

(b)hand over the dispensed drug until—

(i)the person for whose use the drug is dispensed has signed and dated the prescription or, if the prescription was given by fax, the faxed copy of the prescription and unless the person is known to the pharmacist or practitioner, has produced satisfactory evidence of his or her identity; or

(ii)an agent acting on behalf of the person for whose use the drug is intended has signed and dated the prescription or, if the prescription was given by fax, the faxed copy of the prescription and, unless the agent is known to the pharmacist or practitioner, has produced satisfactory evidence of his or her identity.

Maximum penalty: $5 000.

(6a)The Minister may exempt a pharmacist or medical practitioner, or a class of pharmacists or medical practitioners, from this regulation or specified provisions of this regulation if satisfied that the pharmacist or medical practitioner, or class of pharmacists or medical practitioners, has adequate arrangements for dispensing prescriptions that have been transmitted electronically.

(6b)An exemption under subregulation (6a)—

(a)may be subject to such conditions as the Minister thinks fit; and

(b)may be varied or revoked by the Minister at any time by notice in writing.

(7)In this regulation—

fully dispensed, in relation to a prescription, means dispensed for the only or, in the case of a prescription that authorises the drug to be dispensed more than once, for the last time.

Part 5—Special provisions relating to certain S4 drugs

28—Prescribed professions and limitations (section 18(1))

(1)Subject to the limitations set out in this regulation, the following professions are prescribed for the purposes of section 18(1)(b) of the Act:

(aa)dental hygiene;

(a)dental therapy;

(b)optometry;

(c)podiatry.

(2)A dental hygienist may only administer an S4 drug listed in clause 1 of Schedule I of these regulations if he or she holds a written authorisation granted by the Dental Board of South Australia under regulation 9(2)(n) of the Dental Practice (General) Regulations 2007.

(3)Subject to subregulation (4), a dental therapist or podiatrist may only administer an S4 drug listed in clause 1 of Schedule I of these regulations.

(4)A podiatric surgeon may, for the purpose of podiatric treatment, prescribe, supply or administer an S4 drug listed in Schedule J of these regulations in a form and quantity that complies with that Schedule.

(5)Subject to subregulation (6), an optometrist may only administer an S4 drug listed in clause 2 of Schedule I of these regulations.

(6)An optometrist whose registration is endorsed with a therapeutic drugs authorisation under section 33 of the Optometry Practice Act 2007 may prescribe, supply or administer an S4 drug listed in Schedule JA of these regulations for topical ocular use in the treatment of abnormalities or disorders of the eye.

29—Additional requirements for S4 drugs listed in Schedule K (section 18)

(1)For the purposes of section 18(2) of the Act—

(a)each of the S4 drugs listed in the table in Schedule K of these regulations is a prescribed prescription drug; and

(b)the qualifications and authorisations specified in that table alongside a drug are prescribed qualifications.

(2)A person must not prescribe an S4 drug listed in the table in Schedule K of these regulations for a use specified in that Schedule alongside that drug unless the person has the qualifications or authorisations specified in that Schedule alongside that drug and that use of the drug.

Maximum penalty: $5 000.

(3)A medical practitioner who prescribes an S4 drug listed in the table in Schedule K of these regulations (other than in item 1) must—

(a)inform the patient of the name of the drug and that the drug may cause birth defects; and

(b)provide the patient with written information about the drug and its potential side effects; and

(c)inform the patient of the dangers should the patient unlawfully supply the drug to another person; and

(d)if the patient is a female of child‑bearing age—

(i)ensure that the possibility of pregnancy has been excluded prior to commencement of treatment; and

(ii)inform her that she must not become pregnant during treatment or within the prescribed period after completion of treatment; and

(e)obtain written consent for the treatment from the patient.

Maximum penalty: $5 000.

(4)In this regulation—

prescribed period means—

(a)in the case of treatment with a drug listed in item 2 of Schedule K of these regulations (other than bexarotene)—24 months;

(b)in the case of treatment with bexarotene or a drug listed in item 3, 4 or 5 of Schedule K of these regulations—1 month;

(c)in the case of treatment with a drug listed in item 6 of Schedule K of these regulations—3 months.

31—Exemptions from section 18 of Act

(1)Section 18 of the Act does not apply to the supply of an S4 drug by a council or a health service to a person where the drug is provided pursuant to a community immunisation program run by the council or health service.

(2)Section 18 of the Act does not apply to a pharmacist in relation to the supply of an S4 drug (without dispensing a prescription) provided that—

(a)the drug is supplied to a council or a health service for use in a community immunisation program and the pharmacist has received a written order for the drug from the council or health service; or

(b)the drug is for use by a person who holds a licence to supply or administer an S4 drug and the pharmacist has received a written order for the drug from the licensee; or

(c)the drug is supplied for the mass treatment of certain animals to the owner of the animals and—

(i)the pharmacist has received a written order for the drug from a veterinary surgeon; or

(ii)—

(A)the drug is an antibiotic; and

(B)the pharmacist has received a written order for the drug from an inspector appointed under the Livestock Act 1997; and

(C)the written order is on a form approved by the Chief Inspector of Stock under that Act and has been countersigned by the Chief Inspector; or

(d)the drug is supplied to a member of a profession authorised by the Act or these regulations to supply or administer S4 drugs and the pharmacist has received a written order for the drug from that person; or

(e)the drug is authorised or required by the law of any place to be carried on board a ship and the pharmacist has received a written order for the drug from the master or medical officer of the ship; or

(f)the drug is not one that is listed in Schedule K of these regulations and the pharmacist—

(i)is satisfied that—

(A)the person for whom it is to be supplied is being medically treated with the drug; and

(B)the continued supply of that drug is essential to the health of that person; and

(C)there is good reason for the person's inability to produce a prescription for the drug; and

(ii)supplies—

(A)in the case of a drug that 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

(B)in any other case—no more than three days' dosage of the drug; and

(iii)on the day on which the drug is supplied, records—

(A)his or her name as the supplier of the drug; and

(B)the date; and

(C)the trade name or the approved name of the drug, or, if it does not have either a trade or approved name, its ingredients; and

(D)the name and address of the person for whom the drug is supplied; and

(E)the form, strength and quantity of the drug; and

(F)the directions given for the safe and proper use of the drug, including (where appropriate) the route of administration of the drug.

(3)In this regulation—

council has the same meaning as in the Local Government Act 1999.

Part 5A—Special provisions relating to drugs of dependence

31A—Interpretation

(1)In this Part, unless the contrary intention appears—

health service pharmacy means a pharmacy that is part of a health service;

order means an order other than a prescription, and to order has a corresponding meaning;

supplier means a pharmacist or a licensed manufacturer, licensed wholesale dealer or other person licensed under the Act to supply drugs of dependence;

ward of a health service means a ward, clinic, unit, operating theatre or any other section of a health service in which persons receive medical or dental treatment.

(2)For the purposes of this Part—

(a)a reference to the administration of a drug is, where the drug is administered continuously over an extended period (eg. by means of an intravenous drip or pump) a reference to the commencement of administration by that means;

(b)the medical practitioner or dentist principally responsible for the treatment of a person is the practitioner or dentist having, for the time being, the greatest input in the determination of the course of treatment of the person.

31B—Special restrictions on prescription or supply of drugs of dependence by medical practitioners, dentists and veterinary surgeons

(1)A medical practitioner or dentist must not, except in a verifiable emergency—

(a)prescribe or supply a drug of dependence for use by a person without having first examined the person; or

(b)prescribe or supply a drug of dependence for use by himself or herself; or

(c)prescribe or supply a drug of dependence for use by his or her spouse, domestic partner, parent, grandparent, child, grandchild, brother or sister unless authorised to do so by the Minister.

(2)A veterinary surgeon must not, except in a verifiable emergency, prescribe or supply a drug of dependence for an animal without having first examined the animal.

(3)In this regulation—

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

spouse—a person is the spouse of another if they are legally married.

31C—Additional requirements for prescribers of drugs of dependence

A prescriber must not prescribe or supply for use by a person who the prescriber knows or has reasonable cause to believe is dependent on drugs, a schedule 2, 3 or 4 poison that contains a poison listed in schedule 8, for the purposes of maintaining or treating the person's dependence unless the prescriber prescribes or supplies the drug in accordance with an authority granted by the Minister.

Note—

Section 55 of the Act provides that the Minister may grant an authority subject to such conditions as the Minister thinks fit and specifies in the authority and may at any time, by notice in writing given personally or by post to the holder, vary or revoke a condition, or attach a further condition, to the authority.

31D—Manufacturers of drugs of dependence to record stocks

A person who manufactures a drug of dependence must, immediately after the drug is manufactured, record the following details:

(a)the date of manufacture; and

(b)the trade name or the approved name of the drug or, if it does not have either a trade or approved name, its ingredients; and

(c)the amount and, where applicable, the strength of the drug manufactured; and

(d)the total amount of the drug now on the premises on which the drug was manufactured.

31E—Supply of drugs of dependence

(1)A supplier who supplies a drug of dependence must comply with the following provisions:

(a)he or she must, immediately after supplying the drug, record the following details and sign the record:

(i)his or her name and business address;

(ii)the name and address of the person to whom the drug was supplied;

(iii)the date on which the drug was supplied;

(iv)the trade or approved name of the drug or, if the drug does not have either a trade or approved name, the ingredients in the drug;

(v)the amount and, if applicable, the strength of the drug;

(vi)if the drug was supplied on order—the invoice number (if any) for the supply of the drug;

(vii)the total amount of the drug now in stock on the premises from which the drug was supplied;

(b)he or she must, if he or she supplies the drug in accordance with an order—

(i)as soon as practicable after supplying the drug, cancel the order by writing "CANCELLED" on the order or, if the order was given by fax endorsed with the name and address of a single pharmacy that may supply the drug, on the faxed copy of the order; and

(ii)unless exempted under subregulation (2), forward the cancelled order or a copy of the cancelled faxed order (as the case may require) to the CEO, no later than the 7th day of the month following the month in which the drug was supplied or such later date as the CEO may, on application by the supplier, authorise.

(2)The requirement to forward an order or notice to the CEO under subregulation (1)(b) does not apply to—

(a)licensed manufacturers or licensed wholesale dealers; or

(b)pharmacies (including health service pharmacies) in respect of the supply of drugs of dependence to a health service.

(3)A supplier must not supply a drug of dependence in accordance with an order—

(a)unless the supplier has reasonable cause to believe that the person who ordered the drug is lawfully authorised to do so; and

(b)unless the person receiving the drug—

(i)provides the supplier with a signed and dated receipt for the drug; and

(ii)is known to the supplier or produces satisfactory evidence of his or her identity.

(4)A supplier must not supply a drug of dependence where the drug is authorised or required by the law of any place to be carried on board a ship unless the supplier has received a written order for the drug from the master or medical officer of the ship.

(5)A person who makes a record under subregulation (1) must ensure that the record is kept at all times on the premises from which the drug was supplied.

31F—Receipt of drugs of dependence

(1)If a supplier of drugs of dependence receives such a drug, or a person receives a drug of dependence from a supplier on order, the person receiving the drug must—

(a)give to the person who provided the drug a signed and dated receipt for the drug; and

(b)record the following details and sign the record:

(i)the name and address of the person who provided the drug;

(ii)the name and address of the person who took delivery of the drug;

(iii)the date on which the drug was received;

(iv)the trade or approved name of the drug or, if the drug does not have either a trade or approved name, the ingredients in the drug;

(v)the amount and, if applicable, the strength of the drug;

(vi)if the drug was provided on order—the invoice number (if any) for the supply of the drug;

(vii)the total amount of the drug now in stock on the premises at which the drug was received.

(2)A person who makes a record under this regulation must ensure that the record is kept at all times on the premises at which the drug was received.

31G—Supply or administration of drugs of dependence by medical practitioner, dentist, nurse or midwife

(1)A medical practitioner, dentist, nurse or midwife who supplies (other than by dispensing a prescription) for use by a person or administers a drug of dependence to a person must, immediately after the drug is so supplied or administered, record the following details and sign the record:

(a)his or her name; and

(b)the full name and address (or, in the case of a patient in a ward of a health service, the location of the ward) of the person to whom the drug is supplied or administered; and

(c)in the case of the supply of the drug to a person acting on behalf of the person for whose use the drug is intended, the full name and address of the person for whose use the drug is intended; and

(d)the trade name or approved name of the drug or, if it does not have either a trade or approved name, its ingredients; and

(e)the amount and, where applicable, the strength of the drug supplied or administered; and

(f)the date; and

(g)the time at which the drug was supplied or administered; and

(h)the amount of the drug (if any) now in stock on the premises at which the drug is administered or otherwise in the possession of the practitioner, dentist, nurse or midwife.

(2)Where an error is discovered in such a record, it must be corrected in the following way by a person authorised under subregulation (1) to make the record:

(a)it must not be deleted, whited out with correction fluid or erased; and

(b)it must be ruled out or otherwise marked so as to still be clearly legible after it has been so ruled out or marked; and

(c)a footnote or margin note reference must be made alongside the error; and

(d)the footnote or margin note must—

(i)be made on the same page as the page on which the error occurs; and

(ii)contain the correct information and the date of the correction; and

(iii)be endorsed with the name and signature of the person making the correction.

31H—Supply or administration of drugs of dependence by veterinary surgeon

A veterinary surgeon who supplies (other than by dispensing a prescription) a drug of dependence for an animal or administers such a drug to an animal must, on the day on which the drug is so supplied or administered, record the following details and sign the record:

(a)his or her name; and

(b)the species of animal for which the drug is supplied or administered, the name and address of the owner of the animal and the name (if any) of the animal; and

(c)the trade name or approved name of the drug or, if it does not have either a trade or approved name, its ingredients; and

(d)the amount and, where applicable, the strength of the drug administered or supplied; and

(e)the date; and

(f)the time at which the drug was supplied or administered; and

(g)the amount of the drug (if any) now remaining in stock on the premises at which the drug is supplied, administered or otherwise in the possession of the veterinary surgeon.

31I—Additional requirements for administration of drugs of dependence in health service

(1)The administration of a drug of dependence to a person in a health service must be carried out in accordance with the following additional provisions:

(a)the medical practitioner or dentist principally responsible for the treatment of the person while in the health service, or a registered nurse or midwife acting in accordance with a standing order prepared or endorsed by the health service and approved by the Minister must—

(i)ensure that the prescribed instructions in respect of the drug are entered in the person's medication record; and

(ii)endorse the relevant entries with his or her name and signature;

(b)the drug must be administered to the person in accordance with all instructions in the person's medication record;

(c)the drug must not be administered to the person unless the administration is witnessed by a nurse or midwife, or, where a nurse or midwife is not reasonably available, by some other responsible person;

(d)the practitioner, dentist, nurse or midwife who administers the drug must, immediately after doing so, ensure that the name and signature of the person who witnessed the administration of the drug is recorded;

(e)if a medical practitioner or dentist gives prescribed instructions by telephone as to the administration of a drug of dependence to a person in a health service—

(i)the practitioner or dentist must give the instructions to—

(A)a nurse or midwife; and

(B)1 other responsible person employed by the health service; and

(ii)the nurse or midwife must, immediately after receiving the instructions by that method, ensure that the following information is recorded in the person's medication record and sign the record:

(A)his or her full name; and

(B)the prescribed instructions in respect of the drug; and

(C)the words "by telephone"; and

(D)the date upon which the telephone instructions were given; and

(E)the name of the medical practitioner or dentist who gave the telephone instructions; and

(F)the name and signature of the other person to whom the instructions were given in accordance with subparagraph (i); and

(iii)the practitioner or dentist must, within 48 hours of giving the instructions by that method, endorse the relevant entries in the medication record with his or her signature and the date.

(2)The designated nurse or designated midwife for a ward of a health service for a particular shift must ensure that the following additional record-keeping requirements are met in respect of drugs of dependence in the ward:

(a)all relevant records required to be kept under these regulations in respect of those drugs must be kept in the ward; and

(b)all drugs of dependence must be counted at the end of the shift and—

(i)if the balance in respect of a particular drug is found to be correct, the word "correct", the time and date and the nurse's or midwife's name and signature must be recorded alongside the entry for the drug;

(ii)if the balance in respect of a particular drug is found to be incorrect—

(A)the word "incorrect", a brief explanation of the discrepancy, if known, the time and date and the nurse's or midwife's name and signature must be recorded alongside the entry for the drug; and

(B)the Director of Nursing or manager of the health service, and the health service pharmacist, if any, must be notified, as soon as practicable, that an incorrect amount of drugs is stored in the ward; and

(c)the drugs count and records made under paragraph (b)—

(i)must be witnessed by the designated nurse or designated midwife for the ward for the next shift and endorsed with his or her name and signature; or

(ii)must, if the next shift does not commence immediately after the previous shift—

(A)be witnessed by a nurse or midwife working on the same shift as the nurse or midwife who made the entry and be endorsed with the name and signature of the witnessing nurse or midwife; and

(B)be checked by the designated nurse or designated midwife for the ward for the next shift at the commencement of that shift and be endorsed with his or her name and signature.

(2a)The Director of Nursing or, if there is no Director of Nursing, the manager of a health service must ensure that for each shift for each ward of the health service a nurse or midwife is designated as having responsibility for record keeping under subregulation (2).

(2b)The nurse or midwife designated under subregulation (2a) must be a nurse or midwife present on the ward during the shift and may only be an enrolled nurse if no registered nurse or midwife will be present.

(3)The manager of a health service must take all reasonable steps to ensure that—

(a)all drugs of dependence delivered to the health service or a ward of the health service are received by a medical practitioner, dentist, nurse or midwife employed by the health service or, if such a practitioner, dentist, nurse or midwife is not reasonably available, by some other responsible person; and

(b)an accurate and up-to-date balance of stocks of all drugs of dependence in each ward of the health service is maintained at all times; and

(c)the requirements of this regulation are complied with.

(4)In this regulation—

designated midwife for a ward of a health service for a shift means a midwife designated under subregulation (2a) as having responsibility for record keeping under subregulation (2) for the ward for the shift;

designated nurse for a ward of a health service for a shift means a nurse designated under subregulation (2a) as having responsibility for record keeping under subregulation (2) for the ward for the shift;

health service pharmacist means the pharmacist in charge of a health service pharmacy;

prescribed instructions, in respect of a drug, means the form and strength of the drug and the route, frequency and duration of administration of the drug.

31J—Destruction of drugs of dependence

(1)Subject to this regulation or any order of a court, a person must not destroy a drug of dependence unless—

(a)the destruction is witnessed by another person, being an authorised officer, police officer, medical practitioner, dentist, veterinary surgeon, pharmacist, nurse or midwife; and

(b)the person destroying the drug ensures that the following information is recorded in respect of the drug immediately after its destruction:

(i)the full names and the signatures of the person and the witness to the destruction; and

(ii)the trade name or approved name of the drug or, if it did not have either a trade or approved name, its ingredients; and

(iii)the amount and, where applicable, the strength of the drug; and

(iv)the date and time of the destruction; and

(v)the amount of the drug (if any) now remaining in stock on the premises at which the destroyed drug was stored.

(2)This regulation does not apply to the destruction of a drug of dependence by—

(a)a person for whose use the drug was lawfully prescribed or supplied; or

(b)a member of the police force or an authorised officer.

31M—Non-compliance with Part 5A an offence

A person who contravenes or fails to comply with a regulation under this Part, for breach of which no penalty is specified, is guilty of an offence and liable to a penalty not exceeding $5 000.

Part 7—Other offences

35—Restriction on giving samples of poisons

(1)Subject to this regulation, a person must not promote a poison for human, or animal, therapeutic use by supplying samples of the poison.

Maximum penalty: $5 000.

(2)The holder of a manufacturers licence or wholesale dealers licence may give a sample of a poison for human, or animal, therapeutic use to a medical practitioner, dentist, veterinary surgeon, podiatrist, optometrist, dental therapist or pharmacist.

(3)A medical practitioner, dentist, veterinary surgeon, podiatrist, optometrist or dental therapist acting in the ordinary course of his or her profession may give to a person a sample of a poison for human, or animal, therapeutic use.

(4)A pharmacist acting in the ordinary course of his or her profession may give to a person a sample of a poison (other than an S4 drug) for human, or animal, therapeutic use.

(5)On each occasion that the holder of a manufacturers licence or wholesale dealers licence gives a sample of a poison, he or she must record—

(a)the date on which the sample of poison was supplied; and

(b)the name and address of the person supplied; and

(c)the trade name or the approved name of the poison supplied, or if it has neither a trade nor an approved name, its ingredients; and

(d)the quantity of the poison supplied.

Maximum penalty: $3 000.

(6)Nothing in this regulation empowers any person to give a sample of a schedule 8 poison.

36—Offences relating to sale or supply of poisons

(1)A person must not sell or supply a poison in any residential premises, or from door to door, or in a public place.

(2)A person must not sell or supply a poison in a container that—

(a)is normally used for containing food or beverages; or

(b)is similar to a container that is normally used for containing food or beverages.

(3)A person must not sell camphor or naphthalene in block, ball, disc or pellet form for domestic use unless the blocks, balls, discs or pellets are enclosed in a device that restricts removal or ingestion of its contents.

(4)A person must not sell any liquid preparation or admixture containing paraquat unless it is coloured blue or green and contains a stenching agent in sufficient quantity to produce an offensive odour.

(5)A person who contravenes or fails to comply with this regulation is guilty of an offence.

Maximum penalty: $5 000.

(6)In this regulation—

public place includes—

(a)a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and

(b)a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and

(c)a road, street, footway, court, alley or thoroughfare that the public are allowed to use, notwithstanding that the road, street, footway, court, alley or thoroughfare is on private property.

37—Offence to dispose of poison

A person must not dispose of or use, or cause to be disposed of or used, a poison in any place or manner that constitutes, or is likely to constitute, a risk to public health or safety.

Maximum penalty: $5 000.

38—Keeping of records etc

(1)Subject to these regulations, a person who is required by these regulations to keep certain records must—

(a)in respect of any entry in the records, retain the records at the registered address of the business in this State for a period of two years from the day on which the entry was made; and

(b)have the records readily available for inspection at all reasonable times; and

(c)during that period, take all reasonable steps to ensure that the records are protected against deterioration, loss, theft and unauthorised access, modification or use.

Maximum penalty: $3 000.

(2)Where the information contained in the records is available only after the record is subjected to an electronic or other process, it is sufficient for the purposes of subregulation (1)(b) for the person to produce for inspection a reproduction or computerised record of any entry in the records.

(3)Where details are to be recorded under these regulations in respect of drugs of dependence, they must, unless otherwise specified, be recorded in a drugs of dependence register in a form approved by the Minister.

(4)A receipt required to be provided to a person under these regulations must be kept by that person in the manner set out in this regulation as if it were a record.

39—False information

A person who, in providing any information required under these regulations, furnishes any information that is false or misleading in a material particular is guilty of an offence.

Maximum penalty: $5 000.

40—Vicarious liability

For the purposes of these regulations, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency.

Part 8—Miscellaneous

40A—Personal identification code equivalent to signature

(1)Where a provision of these regulations requires a person to sign a record or receipt that is in electronic form, evidence on the record or receipt that the person has entered his or her personal identification code will be taken to be sufficient compliance by that person with the requirement.

(2)In this regulation—

personal identification code means a code that—

(a)is allotted to a person by his or her employer for use by that person in connection with official duties; and

(b)is known only by that person and such other persons as may be authorised by the employer for management purposes.

40B—Certificate of identification of authorised officers

The prescribed form for a certificate of identification of an authorised officer under section 50(2) of the Act is a form that includes—

(a)the full name, photograph and signature or copy of the signature of the authorised officer; and

(b)the certificate number; and

(c)the date of issue of the certificate; and

(d)the signature or a copy of the signature of the Minister or the Minister's delegate.

42—Research permit

An application for a research permit under section 56 of the Act must be made in writing to the Minister and be signed by the applicant.

43—Copies of codes etc to be kept available for public inspection

For the purposes of section 63(5a) of the Act, the office of the Department at 11‑13 Hindmarsh Square, Adelaide is the place at which copies of codes, standards etc must be kept and made available for inspection by members of the public.

Schedule A—Modification of Uniform Poisons Standard

(regulation 5)

The Uniform Poisons Standard is to be read as if—

(a)Part 3 were struck out.

(c)Part 5 were varied by the following Appendices being struck out:

B, D, and J.

Schedule B—Certain substances declared as poisons—section 17A precursors

(regulations 6 and 15A)

1-Chlorophenyl-2-aminopropane

Methcathinone

3,4-Methylenedioxyphenylpropan-2-one (PMK)

1-Phenyl-2-bromopropane

1-Phenyl-1-chloro-2-methylaminopropane

1-Phenyl-2-chloropropane

1-Phenyl-2-iodopropane

1-Phenyl-2-nitropropene

Schedule BA—Certain substances declared as poisons—section 17B precursors

(regulations 6 and 15B)

Chemical name	Alternative name	CAS number
Acetic anhydride	108-24-7
4-Allylpyrocatechol	2-Hydroxychavicol	1126-61-0
alpha Phenylacetonitrile	alpha Acetyl Phenylacetonitrile	4468-48-8
4-Amino-butanoic acid	Piperidinic acid	56-12-2
Anethole	trans-Anethole	4180-23-8 104-46-1
Bromobenzene	Phenylbromide	108-86-1
Bromosafrole	38589-39-8
Boron tribromide	10294-33-4
1,4-Butanediol	Tetramethylene Glycol	110-63-4
1-Chlorophenyl-2-aminopropane
Ephedrine (including salts)	L-Ephedrine	50-98-6
Ethyl phenylacetate	Benzene acetic acid, ethyl ester	101-97-3
Gamma butyrolactone	96-48-0
Gamma hydroxybutanoic acid (including salts)	Gamma hydroxybutyric acid
Hydriodic acid	Hydrogen iodide	10034-85-2
4-Hydroxybutanal	4-Hydroxybutyraldehyde	5371-52-8
2-Hydroxytetrahydrofuran	Tetrahydro-2-furanol	1346-46-9
4-Hydroxybutanoic acid lactone	Gamma-valerolactone	9648-0
4-Hydroxybutanoic acid nitrile	4-Hydroxybutyronitrile	628-22-8
4-Hydroxypentanoic acid	Gamma Valerolactone	108-29-2
Hypophosphite salts
Hypophosphorous acid	Phosphinic acid	6303-21-5
Lithium aluminium hydride	LAH	16853-85-3
Methcathinone	Ephedrone
3,4-Methylenedioxy-phenylacetic acid	1,3-Benzodioxolo-5-acetic acid	2861-28-1
3,4-Methylenedioxyphenylpropan-2-one	4676-39-5
N-Methylephedrine	552-79-4
Methyl phenylacetate	Benzeneacetic acid, methyl ester	101-41-7
N-Methylpseudoephedrine	51018-28-1
Norpseudoephedrine	53643-20-2
2-Pyrrolidone	Gamma-butyrolactam	616-45-5
Phenylacetamide	103-81-1
Phenylacetic acid (including salts)	103-82-2
Phenylacetonitrile	Benzyl cyanide/Benzeneacetonitrile/ Benzyl nitrile	140-29-4
Phenylacetyl chloride	103-80-0
1-Phenyl-2-bromopropane	(+-)-2-Bromo-1-phenylpropane	2114-39-8
1-Phenyl-2-chloropropane
1-Phenyl-2-iodopropane	(2-Iodopropyl)benzene	29527-87-5
1-Phenyl-2-nitropropene
Phenylpropanolamine	Norephedrine	37577-28-9
1-Phenyl-2-propanone	Benzyl methyl ketone, Phenylacetone	103-79-7
1-Phenyl-2-propanone oxime
1-Phenyl-2-propanol	14898-87-4
2-Phenyl-propanal	Hydratropic aldehyde	93-53-8
Phosphorus	7723-14-0
Phosphorous acid	Phosphonic Acid	10294-56-1
1-Phenyl-1-propanone	Phenylethylketone, Propiophenone	99-55-0
Piperonal	3,4-Methylenedioxy-benzaldehyde, Heliotropine	120-57-0
Pseudoephedrine (including salts)
Pyridine	110-86-1
Safrole	5-(2-Propenyl)-1,3-Benzodioxide	94-59-7
Sassafras oil	8006-80-2
Sodium bis(2-methoxyethoxy) aluminium hydride	Sodium dihydrido-bis(2-methoxyethoxy) aluminate	22722-98-1
Sodium cyanoborohydride	Sodium borocyanohydride	25895-60-7

Schedule C—Certain substances declared as poisons—section 17C precursors

(regulations 6 and 15C)

N-Acetylanthranilic acid

Allylbenzene

Anthranilic acid

Benzaldehyde

Benzyl chloride

Ethanamine

N-Ethylephedrine

N-Ethylpseudoephedrine

Formamide

Isosafrole

Methylamine

Nitroethane

Piperidine

Propionic anhydride

Schedule D—Fees

(regulation 10)

1	Annual fee for manufacturers licence—
(a)     for a manufacturer who manufactures only schedule 1 poisons	No fee
(b)    for a manufacturer who manufactures schedule 2 poisons	$241.00
(c)     for a manufacturer who manufactures schedule 3 poisons	$241.00
(d)    for a manufacturer who manufactures schedule 4 poisons	$241.00
(e)     for a manufacturer who manufactures schedule 7 poisons	$241.00
(f)     for a manufacturer who manufactures drugs of dependence	$316.00
Note— The maximum cumulative annual fee is       •      for a manufacturer of poisons other than drugs of dependence—$801.00       •      for a manufacturer of drugs of dependence—$1 003.00
2	Annual fee for wholesale dealers licence—
(a)     for a wholesaler who sells only schedule 1 poisons	No fee
(b)    for a wholesaler who sells schedule 2 poisons	$79.50
(c)     for a wholesaler who sells schedule 3 poisons	$79.50
(d)    for a wholesaler who sells schedule 4 poisons	$161.00
(e)     for a wholesaler who sells schedule 7 poisons	$161.00
(f)     for a wholesaler who sells drugs of dependence	$316.00
Note— The maximum cumulative annual fee is       •      for a wholesaler who sells poisons other than drugs of dependence—$401.00       •      for a wholesaler who sells drugs of dependence—$614.00
3	Annual fee for retail sellers licence	$161.00
4	Annual fee for medicine sellers licence	$36.75
5	Annual fee for a licence to supply or administer—
(a)     S4 drugs (other than drugs of dependence)	$79.50
(b)    drugs of dependence	$79.50
Note— The maximum cumulative annual fee for a licence to supply or administer S4 drugs and drugs of dependence is $107.00
6	Annual fee for licence to possess Schedule F poisons	$120.00
7	Annual fee for licence to possess drugs of dependence or equipment (section 31)	$79.50
8	Annual fee for licence to sell (other than by wholesale dealing) or possess drugs of dependence (section 31)	$79.50

Schedule E—Schedule 2 poisons authorised to be sold by holder of a medicine sellers licence

(regulation 11(2))

The following poisons are authorised to be sold by the holder of a medicine sellers licence:

Aciclovir

Antazoline

Aspirin (excluding packs of more than 50 dosage units)

Atropine

Belladonna

Benzamine

Benzocaine

Benzoyl peroxide

Benzydamine

Bifonazole

Bromhexine

Brompheniramine

Butylaminobenzoate

Carbenoxolone

Carbetapentane

Cetirizine

Chloroform

Chlorpheniramine

Clotrimazole

Codeine

Creosote

Dexchlorpheniramine

Dextromethorphan

Diclofenac

Dicyclomine (excluding preparations for infants)

Dihydrocodeine

Dimenhydrinate

Diphemanil methylsulphate

Diphenhydramine

Diphenylpyraline

Doxylamine

Econazole

Ether

Ethylmorphine

Fexofenadine

Fluorides

Gelsemium

Glutaraldehyde

Guaiphenesin

Hexachlorophane

Homatropine

Hydroquinone

8-Hydroxyquinoline

Hyoscine

Hyoscyamine

Hyoscyamus

Ibuprofen

Indomethacin

Iodine

Ipratropium

Iron compounds

Ketoconazole

Ketoprofen

Levocabastine

Lignocaine

Lindane

Lobeline

Lobelia

Lodoxamide

Loperamide

Loratadine

Mebendazole

Mefenamic acid

Mercuric oxide

Mercury organic compounds

Methoxamine

Miconazole

Naphazoline

Naproxen

Niclosamide

Nystatin

Oxethazaine

Oxymetazoline

Papaverine

Paracetamol (excluding packs of more than 50 dosage units)

Penciclovir

Phenazone

Pheniramine

Phenol

Phenylenediamines and alkylated phenylenediamines

Phenylephephrine

Pholcodine

Piroxicam

Prilocaine

Promethazine

Propantheline

Pyrantel

Salicylamide

Silver salts

Sodium cromoglycate

Staphisagria

Stramonium

Terbinafine

Tetrahydrozoline

Thenyldiamine

Trimeprazine

Triprolidine

Tymazoline

Xylometazoline

Schedule F—Prescribed poisons for the purposes of section 22 of Act

(regulation 16)

Section 22 of the Act applies to the following poisons:

Acrolein

Arsenic when included in schedule 7

Chloropicrin

Cyanides when included in schedule 7

Cyanogen

DDT

Fluoroacetamide

Fluoroacetic acid

Hydrocyanic acid when included in schedule 7

Methyl bromide

Mirex

Sodium fluoroacetate

Strychnine when included in schedule 7

Thallium

Schedule G—Schedule 3 poisons to which regulation 19 applies

Adrenaline (in metered aerosols)

Dihydrocodeine (in cough preparations)
Doxylamine (in preparations also containing codeine)
Promethazine (in preparations also containing codeine)
Pseudoephedrine

Schedule I—S4 drugs that prescribed professionals may administer

(regulation 28)

1The following S4 drugs may be administered by dental hygienists, dental therapists or podiatrists:

Amethocaine

Amylocaine

Benzocaine

Bupivacaine

Butacaine

Butylaminobenzoate

Cinchocaine

Diperodon

Etidocaine

Lignocaine

Mepivacaine

Oxybuprocaine

Prilocaine

Procaine

Proxymetacaine

2The following S4 drugs may be administered (as eye drops only) by optometrists:

Cyclopentolate

Oxybuprocaine

Phenylephrine

Physostigmine

Pilocarpine

Proxymetacaine

Tropicamide

Schedule J—S4 drugs that podiatric surgeons may prescribe, supply or administer

(section 28)

1The following S4 drugs may be prescribed, supplied or administered by a podiatric surgeon:

(a)as an oral preparation only—

Amoxycillin

Amoxycillin and clavulanic acid

Cephalexin

Ciprofloxacin (when microbiological tests indicate it is the only effective drug)

Codeine phosphate 30mg (in combination with paracetamol 500mg only)

Diazepam

Diclofenac

Doxycycline

Erythromycin

Flucloxacillin

Loratidine

Phenoxymethyl penicillin

Promethazine

Roxithromycin

Sulindac

Temazepam;

(b)as an oral preparation or as a suppository—

Metronidazole

Naproxen;

(c)as a cream—

Hydrocortisone cream 0.5 - 1%;

(d)as an ointment—

Mupiricin.

2The maximum quantity of an S4 drug listed in clause 1 that may be provided by a podiatric surgeon to any person, whether by direct supply or prescription or both, in the course of treating that person for a particular condition, is that usually required for 10 days' treatment of the condition with that drug.

Schedule JA—S4 drugs that optometrists with a therapeutic drugs authorisation may prescribe, supply or administer

(regulation 28)

1The following S4 drugs may be prescribed, supplied or administered for topical ocular use in the treatment of abnormalities or disorders of the eye by an optometrist whose registration is endorsed with a therapeutic drugs authorisation:

Aciclovir

Amethocaine

Apraclonidine

Atropine

Bacitracin

Betaxolol

Bimatoprost

Brimonidine

Brinzolamide

Carbachol

Chloramphenicol

Ciprofloxacin

Cyclopentolate

Dexamethasone

Diclofenac

Dipivefrine

Dorzolamide

Fluorometholone

Flurbiprofen

Framycetin

Gentamicin

Gramicidin

Homatropine

Hydrocortisone

Ketorolac

Ketotifen

Latanoprost

Levobunolol

Levocabastine

Lignocaine

Lodoxamide

Neomycin

Ofloxacin

Olopatadine

Oxybuprocaine

Phenylephrine

Pilocarpine

Polymyxin

Prednisolone

Proxymetacaine

Sodium cromoglycate

Tetracycline

Timolol

Tobramycin

Travoprost

Tropicamide

Schedule K—Restrictions on prescribing certain S4 drugs

(regulation 29)

Prescription Drug	Use	Qualifications and authorisations
1	Clomiphene Cyclofenil Follitropin alpha (recombinant human follicle stimulating hormone) Follitropin beta (recombinant human follicle stimulating hormone) Luteinising hormone Urofollitrophin (follicle stimulating hormone)	Human use	Medical practitioner who—     (a)     is registered in the specialty of endocrinology or obstetrics and gynaecology; or     (b)    provides services to a fertility unit, an endocrinology unit or obstetrics and gynaecology unit of a teaching hospital in South Australia.
2	Acitretin Bexarotene Etretinate	Human use	Medical practitioner who—     (a)     is registered in the specialty of dermatology, oncology or haematology; or     (b)    is a medical registrar working under the supervision of a medical practitioner referred to in paragraph (a); or     (c)     is registered in some other speciality and is authorised by the Minister to prescribe such drugs.
3	Isotretinoin	Human internal use	Medical practitioner who—     (a)     is registered in the specialty of dermatology, oncology or haematology; or     (b)    is a medical registrar working under the supervision of a medical practitioner referred to in paragraph (a); or     (c)     is registered in some other speciality and is authorised by the Minister to prescribe such drugs.
4	Tretinoin	Human internal use	Medical practitioner who—     (a)     is registered in the specialty of oncology or haematology; or     (b)    is a medical registrar working under the supervision of a medical practitioner referred to in paragraph (a); or     (c)     is registered in some other speciality and is authorised by the Minister to prescribe such drugs.
5	Lenalidomide Thalidomide	Human use	A medical practitioner who—     (a)     is a specialist in oncology or haematology; or     (b)    is a medical registrar working under the supervision of a medical practitioner referred to in paragraph (a); or     (c)     is authorised by the Minister to prescribe such drugs.
6	Ambrisentan Bosentan Sitaxentan	Human use	A medical practitioner who—     (a)     is registered as a specialist; or     (b)    is a medical registrar who is working under the supervision of a medical practitioner referred to in paragraph (a); or     (c)     is authorised by the Minister to prescribe such drugs.

Schedule L—End user statement

(section 17B(1)(c) and 17C(1)(a) of the Act)

End user statement

The chemical product I wish to purchase is classified as a possible illicit drug precursor or auxiliary reagent. I understand that to be supplied this product a signed end user declaration must be provided together with an order.

Catalogue No Product Name Quantity Pack Size Order No

Intended use:

Analytical:  
Research and design:  
Manufacturing:  
Resale:                
Other:                

Please specify full details of assay, project, product customer etc:

Purchaser details and declaration

I,   (full name) being   (position) on behalf of    (company or institution)
Address:
Account No:   (ACN No) declare that the above chemical product will not be used for the manufacture of illicit drugs.

Signature:

Date:

Details of collecting agent's identification

Current Passport No:
Country of Issue:
Current Photograph Licence No:
Expiry Date:
Photo Identification Card Type:

End user distributor/supplier details and declaration

I,   (full name) being   (position) on behalf of    (company or institution)
Address:
Account No:   (ACN No) declare that the above chemical product will not be used for the manufacture of illicit drugs.

Signature:

Date:

Note—

1Please attach a photocopy of current photo driver's licence.

2The form must be completed with all details.

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Controlled Substances (Poisons) Regulations 1996 were revoked by Sch 2 cl 1 of the Controlled Substances (Poisons) Regulations 2011 on 1.7.2011.

Legislation revoked by principal regulations

The Controlled Substances (Poisons) Regulations 1996 revoked the following:

Controlled Substances (Poisons) Regulations 1991

Controlled Substances (Possession of Poisons) Regulations 1988

Controlled Substances (Declared Prescription Drugs) Regulations 1992

Drugs of Dependence (General) Regulations 1985

Controlled Substances (Declared Drugs of Dependence) Regulations 1993

Principal regulations and variations

Year	No	Reference	Commencement
1996	4	Gazette 4.1.1996 p36	4.1.1996: r 2
1997	9	Gazette 30.1.1997 p728	30.1.1997: r 2
1997	94	Gazette 13.5.1997 p1895	1.7.1997: r 2
1997	229	Gazette 27.11.1997 p1454	27.3.1998: r 2
1997	243	Gazette 18.12.1997 p1707	19.12.1997: r 2
1998	83	Gazette 28.5.1998 p2349	1.7.1998: r 2
1998	205	Gazette 3.12.1998 p1747	3.12.1998: r 2
1999	83	Gazette 27.5.1999 p2858	1.7.1999: r 2
2000	91	Gazette 25.5.2000 p2774	1.7.2000: r 2
2000	126	Gazette 8.6.2000 p3101	8.10.2000 except r 3—1.7.2000: r 2
2000	161	Gazette 6.7.2000 p30	6.7.2000: r 2
2000	198	Gazette 31.8.2000 p979	31.8.2000: r 2
2001	65	Gazette 31.5.2001 p1977	1.7.2001: r 2
2001	253	Gazette 6.12.2001 p5298	6.12.2001: r 2
2002	51	Gazette 20.6.2002 p2512	1.7.2002: r 2
2002	197	Gazette 24.10.2002 p3933	24.10.2002: r 2
2003	104	Gazette 29.5.2003 p2271	1.7.2003: r 2
2003	147	Gazette 12.6.2003 p2500	12.6.2003: r 2
2004	77	Gazette 27.5.2004 p1520	1.7.2004: r 2
2005	46	Gazette 26.5.2005 p1384	1.7.2005: r 2
2005	132	Gazette 2.6.2005 p1690	2.6.2005: r 2
2005	154	Gazette 30.6.2005 p2239	Pt 4 (r 6)—1.7.2005: r 2
2006	6	Gazette 19.1.2006 p279	19.1.2006: r 2
2006	74	Gazette 15.6.2006 p1690	1.7.2006: r 2
2007	5	Gazette 25.1.2007 p292	25.1.2007: r 2
2007	13	Gazette 1.3.2007 p674	1.3.2007: r 2
2007	19	Gazette 8.3.2007 p749	1.7.2007: r 2
2007	65	Gazette 31.5.2007 p2225	1.6.2007: r 2
2007	147	Gazette 7.6.2007 p2536	1.7.2007: r 2
2007	243	Gazette 18.10.2007 p4009	22.10.2007: r 2
2007	265	Gazette 22.11.2007 p4326	3.12.2007: r 2
2008	46	Gazette 8.5.2008 p1615	8.5.2008: r 2
2008	117	Gazette 5.6.2008 p2094	1.7.2008: r 2
2009	39	Gazette 16.4.2009 p1435	16.4.2009: r 2
2009	112	Gazette 4.6.2009 p2547	1.7.2009: r 2
2009	212	Gazette 30.7.2009 p3447	4.8.2009: r 2
2009	235	Gazette 10.9.2009 p4420	10.9.2009: r 2
2010	38	Gazette 3.6.2010 p2145	3.6.2010: r 2
2010	71	Gazette 10.6.2010 p2737	1.7.2010: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Pt 1
r 2	omitted under the Legislation Revision and Publication Act 2002	1.7.2004
r 3 before omission
r 3(4) and (5)	inserted by 198/2000 r 3	31.8.2000
r 3	omitted under the Legislation Revision and Publication Act 2002	1.7.2004
r 4
r 4(1)
address	inserted by 198/2000 r 4(a)	31.8.2000
APVMA	inserted by 38/2010 r 4(1)	3.6.2010
CEO	inserted by 198/2000 r 4(a)	31.8.2000
chiropodist	deleted by 243/2007 r 4(1)	22.10.2007
dental hygienist	inserted by 38/2010 r 4(2)	3.6.2010
dental therapist	substituted by 243/2007 r 4(2)	22.10.2007
substituted by 38/2010 r 4(2)	3.6.2010
drug	inserted by 198/2000 r 4(b)	31.8.2000
health service	varied by 198/2000 r 4(c)	31.8.2000
midwife	inserted by 212/2009 r 4	4.8.2009
substituted by 38/2010 r 4(3)	3.6.2010
National Drugs and Poisons Schedule Committee	inserted by 126/2000 r 3(a)	1.7.2000
deleted by 38/2010 r 4(3)	3.6.2010
optometrist	substituted by 243/2007 r 4(3)	22.10.2007
substituted by 38/2010 r 4(3)	3.6.2010
podiatric surgeon	inserted by 243/2007 r 4(3)	22.10.2007
substituted by 38/2010 r 4(3)	3.6.2010
podiatrist	inserted by 243/2007 r 4(3)	22.10.2007
substituted by 38/2010 r 4(3)	3.6.2010
prescriber	substituted by 198/2000 r 4(d)	31.8.2000
surgical podiatrist	deleted by 38/2010 r 4(4)	3.6.2010
Uniform Poisons Standard	substituted by 126/2000 r 3(b)	1.7.2000
substituted by 38/2010 r 4(4)	3.6.2010
r 6
r 6(1)	varied by 147/2003 Sch 1	12.6.2003
varied by 235/2009 r 4(1), (2)	10.9.2009
r 7A	inserted by 198/2000 r 5	31.8.2000
r 8	varied by 38/2010 r 5	3.6.2010
Pt 2
r 10
r 10(1)	varied by 198/2000 r 6(a)—(c)	31.8.2000
varied by 265/2007 r 4(1)—(3)	3.12.2007
r 10(2)	varied by 9/1997 r 3	30.1.1997
varied by 161/2000 r 3(a)	6.7.2000
r 10(3)	substituted by 38/2010 r 6	3.6.2010
r 10(4)	varied by 198/2000 r 6(d)	31.8.2000
varied by 265/2007 r 4(4)	3.12.2007
substituted by 38/2010 r 6	3.6.2010
r 11
r 11(1)	varied by 161/2000 r 4	6.7.2000
Pt 3
r 12
r 12(1)	varied by 38/2010 r 7(1)	3.6.2010
r 12(2)	varied by 38/2010 r 7(2)	3.6.2010
r 12(3)	deleted by 38/2010 r 7(3)	3.6.2010
r 13	varied by 38/2010 r 8	3.6.2010
r 14
r 14(1)	varied by 198/2000 Sch	31.8.2000
r 14(2)	varied by 161/2000 r 5	6.7.2000
varied by 38/2010 r 9(1)—(3)	3.6.2010
r 15AA	inserted by 212/2009 r 5	4.8.2009
r 15A—see r 15D
rr 15A—15C	inserted by 235/2009 r 5	10.9.2009
r 15D	r 31L redesignated as r 15A by 265/2007 r 8(2)	3.12.2007
r 15A redesignated as r 15D by 235/2009 r 5	10.9.2009
r 15D(1)	r 15A(1) varied by 265/2007 r 8(1)	3.12.2007
varied by 38/2010 r 10(1)—(3)	3.6.2010
(e) deleted by 38/2010 r 10(3)	3.6.2010
r 15D(3)
authorised prescriber	varied by 265/2007 r 8(1)	3.12.2007
correctional institution	inserted by 38/2010 r 10(4)	3.6.2010
section 18A authority	section 33 authority varied to read section 18A authority by 265/2007 r 8(1)	3.12.2007
r 16
r 16(2)	varied by 229/1997 r 3(a)—(d)	27.3.1997
varied by 154/2005 r 6(1)	1.7.2005
varied by 38/2010 r 11(1), (2)	3.6.2010
r 16(2a)	inserted by 229/1997 r 3(e)	27.3.1997
varied by 198/2000 Sch	31.8.2000
r 16(3)	substituted by 154/2005 r 6(2)	1.7.2005
r 16(3a)	inserted by 154/2005 r 6(2)	1.7.2005
r 16(4)	varied by 198/2000 Sch	31.8.2000
r 16(5)	deleted by 154/2005 r 6(3)	1.7.2005
r 16(6)
bait	deleted by 229/1997 r 3(f)	27.3.1997
Chief Officer	inserted by 154/2005 r 6(4)	1.7.2005
Metropolitan Adelaide	inserted by 229/1997 r 3(f)	27.3.1997
r 17
r 17(1)	varied by 161/2000 r 6(a)	6.7.2000
varied by 38/2010 r 12	3.6.2010
r 17(2)	varied by 161/2000 r 6(b)	6.7.2000
r 18
r 18(1)	varied by 19/2007 r 4(1)	1.7.2007
r 18(2)	substituted by 161/2000 r 7(a)	6.7.2000
r 18(3)	varied by 161/2000 r 7(b), (c)	6.7.2000
substituted by 19/2007 r 4(2)	1.7.2007
r 18(4)	substituted by 19/2007 r 4(2)	1.7.2007
r 19
r 19(2)	varied by 9/1997 r 4	30.1.1997
varied by 38/2010 r 13	3.6.2010
r 19(3)	substituted by 161/2000 r 8	6.7.2000
r 20	varied by 161/2000 r 9	6.7.2000
varied by 198/2000 r 7	31.8.2000
varied by 38/2010 r 14	3.6.2010
r 21	varied by 198/2000 r 8	31.8.2000
varied by 38/2010 r 15	3.6.2010
r 22	substituted by 38/2010 r 16	3.6.2010
r 23
r 23(1)	varied by 38/2010 r 17(1)	3.6.2010
r 23(2)
health practitioner	inserted by 38/2010 r 17(2)	3.6.2010
medical professionals	deleted by 38/2010 r 17(3)	3.6.2010
Pt 4
r 24	deleted by 198/2000 r 9	31.8.2000
r 25
r 25(1)	varied by 198/2000 Sch	31.8.2000
varied by 13/2007 r 4(1)	1.3.2007
r 25(2)	varied by 38/2010 r 18(1)	3.6.2010
r 25(3)	varied by 198/2000 r 10(a), (b), Sch	31.8.2000
varied by 13/2007 r 4(2)	1.3.2007
varied by 38/2010 r 18(2)	3.6.2010
r 25(4)	substituted by 198/2000 r 10(c)	31.8.2000
varied by 13/2007 r 4(3)	1.3.2007
substituted by 38/2010 r 18(3)	3.6.2010
r 25(5) and (6)	inserted by 13/2007 r 4(4)	1.3.2007
r 26
r 26(1)	varied by 198/2000 r 11(a)—(d)	31.8.2000
(a) deleted by 13/2007 r 5(1)	1.3.2007
varied by 13/2007 r 5(2)	1.3.2007
varied by 265/2007 r 5	3.12.2007
varied by 38/2010 r 19	3.6.2010
r 26(3)	varied by 198/2000 Sch	31.8.2000
r 26(4)	inserted by 13/2007 r 5(3)	1.3.2007
r 27
r 27(1)	varied by 161/2000 r 10	6.7.2000
varied by 198/2000 r 12(a)—(c), Sch	31.8.2000
varied by 13/2007 r 6(1)—(3)	1.3.2007
varied by 38/2010 r 20(1)—(3)	3.6.2010
r 27(1a)	inserted by 198/2000 r 12(d)	31.8.2000
r 27(4)	substituted by 198/2000 r 12(e)	31.8.2000
r 27(4a)	inserted by 38/2010 r 20(4)	3.6.2010
r 27(5)	inserted by 198/2000 r 12(e)	31.8.2000
varied by 13/2007 r 6(4), (5)	1.3.2007
varied by 38/2010 r 20(5)	3.6.2010
r 27(6)	inserted by 198/2000 r 12(e)	31.8.2000
varied by 38/2010 r 20(6)	3.6.2010
r 27(6a) and (6b)	inserted by 13/2007 r 6(6)	1.3.2007
r 27(7)	inserted by 198/2000 r 12(e)	31.8.2000
Pt 5	heading varied by 198/2000 r 13	31.8.2000
r 28 before substitution by 243/2007
r 28(1)	substituted by 132/2005 r 4	2.6.2005
r 28(1a)	inserted by 132/2005 r 4	2.6.2005
r 28(2)	substituted by 9/1997 r 5(a)	30.1.1997
r 28(4)	substituted by 9/1997 r 5(b)	30.1.1997
r 28	substituted by 243/2007 r 5	22.10.2007
r 28(1)	varied by 38/2010 r 21(1)	3.6.2010
r 28(2)	deleted by 212/2009 r 6	4.8.2009
inserted by 38/2010 r 21(2)	3.6.2010
r 29 before substitution by 38/2010
r 29(2)	varied by 205/1998 r 3	3.12.1998
r 29(3)	varied by 9/1997 r 6(a)	30.1.1997
varied by 161/2000 r 11(a)	6.7.2000
r 29(4)	varied by 161/2000 r 11(b)	6.7.2000
r 29(5)	varied by 9/1997 r 6(b)	30.1.1997
varied by 198/2000 Sch	31.8.2000
r 29(6)	substituted by 9/1997 r 6(c)	30.1.1997
varied by 198/2000 Sch	31.8.2000
r 29(7)	inserted by 9/1997 r 6(c)	30.1.1997
r 29	substituted by 38/2010 r 22	3.6.2010
r 30 before deletion by 38/2010
r 30(1)	varied by 161/2000 r 12	6.7.2000
varied by 198/2000 Sch	31.8.2000
varied by 13/2007 r 7	1.3.2007
r 30(2)	varied by 198/2000 Sch	31.8.2000
r 30	deleted by 38/2010 r 22	3.6.2010
r 31
r 31(2)	varied by 198/2000 r 14	31.8.2000
varied by 38/2010 r 23(1)	3.6.2010
r 31(3)
council	substituted by 38/2010 r 23(2)	3.6.2010
Pt 5A	inserted by 198/2000 r 15	31.8.2000
r 31B
r 31B(1)	varied by 65/2007 r 4(1)	1.6.2007
r 31B(3)	substituted by 65/2007 r 4(2)	1.6.2007
r 31C	varied by 265/2007 r 6	3.12.2007
r 31E
r 31E(1)	substituted by 38/2010 r 24(1)	3.6.2010
r 31E(5)	inserted by 38/2010 r 24(2)	3.6.2010
r 31F	substituted by 38/2010 r 25	3.6.2010
r 31G
r 31G(1)	varied by 39/2009 r 4	16.4.2009
varied by 212/2009 r 7	4.8.2009
r 31I
r 31I(1)	varied by 46/2008 r 4	8.5.2008
varied by 39/2009 r 5(1)—(3)	16.4.2009
varied by 212/2009 r 8(1)—(5)	4.8.2009
varied by 38/2010 r 26	3.6.2010
r 31I(2)	varied by 39/2009 r 5(4)—(7)	16.4.2009
varied by 212/2009 r 8(6)—(8)	4.8.2009
r 31I(2a)	inserted by 39/2009 r 5(8)	16.4.2009
varied by 212/2009 r 8(9)	4.8.2009
r 31I(2b)	inserted by 39/2009 r 5(8)	16.4.2009
varied by 212/2009 r 8(10), (11)	4.8.2009
r 31I(3)	varied by 39/2009 r 5(9)	16.4.2009
varied by 212/2009 r 8(12)	4.8.2009
r 31I(4)
designated midwife	inserted by 212/2009 r 8(13)	4.8.2009
designated nurse	inserted by 39/2009 r 5(10)	16.4.2009
substituted by 212/2009 r 8(13)	4.8.2009
r 31J
r 31J(1)	varied by 212/2009 r 9	4.8.2009
r 31K	deleted by 265/2007 r 7	3.12.2007
r 31L—see r 15A
Pt 6 before deletion by 235/2009	heading varied by 265/2007 r 9	3.12.2007
r 32	varied by 161/2000 r 13	6.7.2000
varied by 198/2000 Sch	31.8.2000
r 33
r 33(1)	varied by 9/1997 r 7	30.1.1997
r 33(2)—(4)	varied by 198/2000 Sch	31.8.2000
r 34
r 34(2) and (3)	varied by 198/2000 Sch	31.8.2000
Pt 6	deleted by 235/2009 r 6	10.9.2009
Pt 7
r 35
r 35(1) and (5)	varied by 198/2000 Sch	31.8.2000
r 36
r 36(5)	varied by 9/1997 r 8	30.1.1997
varied by 198/2000 Sch	31.8.2000
r 37	varied by 198/2000 Sch	31.8.2000
r 38
r 38(1)	varied by 198/2000 r 16(a), (b), Sch	31.8.2000
r 38(3) and (4)	inserted by 198/2000 r 16(c)	31.8.2000
r 39	varied by 198/2000 Sch	31.8.2000
Pt 8
r 40A	inserted by 198/2000 r 17	31.8.2000
r 40B	inserted by 6/2006 r 4	19.1.2006
r 41	deleted by 265/2007 r 10	3.12.2007
r 42	varied by 161/2000 r 14	6.7.2000
r 43	varied by 161/2000 r 15	6.7.2000
r 44	deleted by 38/2010 r 27	3.6.2010
Sch A	paras 1—3 redesignated as paras (a)—(c) by 147/2003 Sch 1	12.6.2003
para (b)	para 2 varied by 243/1997 r 3	19.12.1997
para 2 substituted by 253/2001 r 3	6.12.2001
para 2 varied by 197/2002 r 3	24.10.2002
para 2 redesignated as para (b) by 147/2003 Sch 1	12.6.2003
varied by 5/2007 r 4(1)—(3)	25.1.2007
(xviii), (xix), (xx) deleted by 235/2009 r 7	10.9.2009
deleted by 38/2010 r 28	3.6.2010
Sch B	heading varied by 9/1997 r 9	30.1.1997
heading varied by 265/2007 r 11	3.12.2007
substituted by 235/2009 r 8	10.9.2009
Sch BA	inserted by 235/2009 r 8	10.9.2009
Sch C	heading varied by 9/1997 r 10	30.1.1997
heading varied by 265/2007 r 12	3.12.2007
substituted by 235/2009 r 8	10.9.2009
Sch C	varied by 9/1997 r 11	30.1.1997
Sch D	substituted by 94/1997 r 3	1.7.1997
substituted by 83/1998 r 3	1.7.1998
substituted by 83/1999 r 3	1.7.1999
substituted by 91/2000 r 3	1.7.2000
varied by 198/2000 r 18	31.8.2000
substituted by 65/2001 r 3	1.7.2001
substituted by 51/2002 r 3	1.7.2002
substituted by 104/2003 r 4	1.7.2003
substituted by 77/2004 r 4	1.7.2004
substituted by 46/2005 r 4	1.7.2005
substituted by 74/2006 r 4	1.7.2006
substituted by 147/2007 r 4	1.7.2007
varied by 265/2007 r 13(1), (2)	3.12.2007
substituted by 117/2008 r 4	1.7.2008
substituted by 112/2009 r 4	1.7.2009
varied by 38/2010 r 29(1), (2)	3.6.2010
substituted by 71/2010 r 4	1.7.2010
Sch E	varied by 126/2000 r 4	8.10.2000
varied by 5/2007 r 5	25.1.2007
Sch F	varied by 38/2010 r 30	3.6.2010
Sch G	varied by 197/2002 r 4	24.10.2002
heading varied by 38/2010 r 31	3.6.2010
Sch H	deleted by 19/2007 r 5	1.7.2007
Sch I
cl 1	varied by 243/2007 r 6	22.10.2007
varied by 38/2010 r 32	3.6.2010
cl 2	substituted by 9/1997 r 12	30.1.1997
Sch J
cl 1	varied by 243/2007 r 7(1), (2)	22.10.2007
cl 2	varied by 243/2007 r 7(3)	22.10.2007
Sch JA	inserted by 243/2007 r 8	22.10.2007
Sch K before substitution by 38/2010
cl 1	varied by 229/1997 r 4	27.3.1997
varied by 205/1998 r 4	3.12.1998
cl 2	varied by 9/1997 r 13	30.1.1997
Sch K	substituted by 38/2010 r 33	3.6.2010
Schs KA and KB	inserted by 198/2000 r 19	31.8.2000
deleted by 265/2007 r 14	3.12.2007
Sch L	heading varied by 9/1997 r 14	30.1.1997
heading substituted by 147/2003 Sch 1	12.6.2003
substituted by 235/2009 r 9	10.9.2009
Sch M	deleted by 265/2007 r 15	3.12.2007

Transitional etc provisions associated with regulations or variations

No 198 of 2000

20—Transitional provision

Despite regulation 10 of the principal regulations as amended by these regulations, a licence in force under the revoked Drugs of Dependence (General) Regulations 1985 immediately before the commencement of these regulations will expire at midnight on 30 September 2000.

Controlled Substances (Poisons) Variation Regulations 2007 (No 265 of 2007), Sch 1

1—Transitional provision

For the purposes of section 18A(1) of the Controlled Substances Act 1984, a medical practitioner or dentist is exempt from that subsection if he or she has prescribed or supplied a drug of dependence in accordance with an authority given by the Minister under section 33 of the Controlled Substances Act 1984 and in force immediately before the commencement of section 14 of the Controlled Substances (Serious Drug Offences) Amendment Act 2005.

Historical versions

Reprint No 1—3.12.1998

Reprint No 2—1.7.1999

Reprint No 3—6.7.2000

Reprint No 4—31.8.2000

Reprint No 5—8.10.2000

Reprint No 6—1.7.2001

Reprint No 7—6.12.2001

Reprint No 8—1.7.2002

Reprint No 9—24.10.2002

Reprint No 10—1.7.2003

1.7.2004

2.6.2005

1.7.2005

19.1.2006

1.7.2006

25.1.2007

1.3.2007

1.6.2007

1.7.2007

22.10.2007

3.12.2007

8.5.2008

1.7.2008

16.4.2009

1.7.2009

4.8.2009

10.9.2009

3.6.2010