Medicines, Poisons and Therapeutic Goods Amendment Regulation 2023 (No 1) (ACT)

Medicines, Poisons and Therapeutic Goods Amendment Regulation 2023 (No 1)

Subordinate Law SL2023-5

The Australian Capital Territory Executive makes the following regulation under the Medicines, Poisons and Therapeutic Goods Act 2008.

Dated 25 March 2023.

ANDREW BARR

Chief Minister

RACHEL STEPHEN-SMITH

Minister

Medicines, Poisons and Therapeutic Goods Amendment Regulation 2023 (No 1)

Subordinate Law SL2023-5

made under the

Medicines, Poisons and Therapeutic Goods Act 2008

1. Name of regulation

   This regulation is the Medicines, Poisons and Therapeutic Goods Amendment Regulation 2023 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Medicines, Poisons and Therapeutic Goods Regulation 2008.

4. Section 860 heading

   substitute

5. Supply etc of certain declared substances by public employee exercising functions under Act—Act, s 26 (1) (b) etc

6. Section 861 heading

   substitute

7. Dealings with regulated substances and regulated therapeutic goods by public employees under chief health officer permit—Act, s 20 (1) (a) etc

8. New section 861A

   insert

861ADealings with regulated substances and regulated therapeutic goods by public employees under director‑general authorisation—Act, s 20 (1) (d) and s 22 (1) (d)

(1)Dealing with a regulated substance or regulated therapeutic good is authorised if the person who deals with the substance or good is—

(a)a public employee or a member of a class of public employees (however described); and

(b)authorised by the director-general to deal with the substance or good within the scope of the person’s employment.

NotePower to make an authorisation includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48).

(2)The authorisation must be in writing and include the following information:

(a)the dealings with regulated substances or regulated therapeutic goods authorised;

(b)the regulated substances or regulated therapeutic goods to which the authorisation relates;

(c)the public employee or the class of employees authorised;

(d)any condition to which the authorisation is subject;

(e)a unique identifying number for the authorisation;

(f)the date the authorisation begins and the date when the authorisation ends.

(3)For subsection (2) (c), the authorisation may identify a public employee by—

(a)naming the employee; or

(b)nominating the occupant of a position (however described), at a particular time or from time to time.

Note 1The director-general may delegate the director-general’s function under this section to a public employee or another person (see Public Sector Management Act 1994, s 20).

Note 2The instrument making or evidencing a delegation may provide that the delegation has effect only in stated circumstances or subject to stated conditions, limitations or directions (see Legislation Act, s 234).

(4)An authorisation is a notifiable instrument.

(5)In this section:

public employee includes—

(a)an employee—

(i)employed by Calvary Health Care ACT Limited ACN 105 304 989 (Calvary) to provide public health services to the Territory; and

(ii)to whom the Public Sector Management Act 1994 applies because of an agreement in force between the Territory and Calvary; and

(b)a police officer.

1. Schedule 1, part 1.3, item 2, column 3, new paragraph (da)

   insert

   (da)prescribe medicines for patient on patient’s discharge from institution;

Endnotes

1. Notification

   Notified under the Legislation Act on 6 April 2023.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2023