Poisons (Amendment) Act 1977 (NSW)
POISONS (AMENDMENT) ACT, 1977
ANNO VICESIMO SEXTO
ELIZABETHE II REGINE
Act No. 5, 1977.
| An Act to amend the Poisons Act, 1966, to confer additional power on the Governor to make regulations; to provide that the supply of certain substances includes the sale of those substances; and to validate certain matters. [Assented to, 11th March, 1977.] | BE |
BE it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, asfollows: — 1. This Act may be cited as the "Poisons (Amendment)
Act, 1 9 7 7 " . 2. This Act contains the following Schedules :—
SCHEDULE 1.—AMENDMENTS TO THE POISONS ACT,
1 9 6 6 , RELATING TO THE MAKING OF REGULA
TIONS.
SCHEDULE 2.—AMENDMENTS TO THE POISONS ACT,
1 9 6 6 , BY WAY OF SUBSTITUTION RELATING TO THE
SUPPLY OF SUBSTANCES.
SCHEDULE 3.—AMENDMENTS TO THE POISONS ACT,
1 9 6 6 , BY WAY OF OMISSION RELATING TO THE
SUPPLY OF SUBSTANCES.
SCHEDULE 4.—DECISIONS OF THE DISTRICT COURT
OF NEW SOUTH WALES.
3 . The Poisons Act, 1 9 6 6 , is amended in the manner set forth in Schedule 1.
4. The Poisons Act, 1 9 6 6 , is further amended—
(a) by omitting from a provision of that Act specified in Column 1 of Schedule 2 the matter specified opposite that provision in the column headed "Matter to be omitted." in Column 2 of Schedule 2 , other than such matter, if any, as appears in
brackets
brackets and is printed in italics, and by inserting instead the matter specified opposite that provision in the column headed "Matter to be inserted." in Column 2 of Schedule 2; and
(b) by omitting from a provision of that Act specified in Column 1 of Schedule 3 the matter specified opposite that provision in Column 2 of Schedule 3, other than such matter, if any, as appears in
brackets and is printed in italics.
5 . (1) A regulation—
(a)
that purports to have been made under the Poisons Act, 1966; and
(b)
that would have been valid if the amendments made to the Poisons Act, 1966, by section 3 and Schedule 1 had been in force when that regulation was made,
shall be deemed to have been validly made.
(2) Nothing in subsection (1) affects a decision of the District Court of New South Wales referred to in Schedule 4.
| 6. A license issued under section 10 (1) of the Poisons Act, 1966, and in force immediately before the date of assent to this Act shall be deemed to be a license issued under section 10 (1) of the Poisons Act, 1966, as amended by this Act. | SCHEDULE |
SCHEDULE 1.
AMENDMENTS TO THE POISONS ACT, 1966, RELATING TO
THE MAKING OF REGULATIONS.
(1) Section 6 (14)—
Omit the subsection.
(2) (a) Section 17 (1 )—
Omit "The Governor", insert instead "Without limiting the generality of section 45c, the Governor".
(b) Section 17 (1) ( j )—
After "forfeited;", insert "and".
(c) Section 17 (1) (j1)—
Omit "section 16;", insert instead "section 16.".
(d) Section 17 (1) (k )—
Omit the paragraph.
(3) (a) Section 24 (1 )—
Omit "For the purpose of preventing the improper use of drugs of addiction the Governor may", insert instead "Without limiting the generality of section 45c, the Governor may, for the purpose of preventing the improper use of drugs of addiction,".
SCHEDULE
SCHEDULE 1—continued.
AMENDMENTS TO THE POISONS ACT, 1966, RELATING TO
THE MAKING OF REGULATIONS—continued.
(b) Section 24 (1) (h1)—
After "addiction;", insert "and".
(c) Section 24 (1) ( i )—
Omit "addiction; and", insert instead "addic
tion.".
(d) Section 24 (1) ( j )—
Omit the paragraph.
(4) Section 45c—
After section 45 B, insert:—
45c. (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act. (2) Regulations may be made so as to apply
differently according to such factors as may be
specified in the regulations.(3) The regulations may authorise any matter or thing to be from time to time determined, applied or regulated by any person specified therein, either generally or for any class of cases or in a particular case.
SCHEDULE
SCHEDULE 1—continued.
AMENDMENTS TO THE POISONS ACT, 1966, RELATING TO
THE MAKING OF REGULATIONS—continued.
(5) (a) Section 46 (1)—
Omit "All regulations made under this Act and any", insert instead "Any".
(b) Section 46 (1) (b)—
Omit "regulations or".
(c) Section 46 (2)—
(i) Omit "regulations," wherever occurring.
(ii) Omit "have or".
(d) Section 46 (3)—
After section 46 (2), insert :—
(3) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.
S C H E D U L E
S C H E D U L E 2 .
| A M E N D M E N T S | T O | T H E | P O I S O N S | A C T , | 1 9 6 6 , | BY | WAY O F | S U B S T I T U T I O N |
R E L A T I N G T O T H E S U P P L Y O F S U B S T A N C E S .
Column 1. Column 2. Provision of the
| Poisons Act , 1966. | Matter to be omitted. | Matter to be inserted. |
| Long title; Sections 4 ( 1 ) , sale (wherever | occurring) | supply |
definition of "Package";
definition of "Package";
11 (2); 12 (2) (b) ; 11 (2); 12 (2) (b) ; 1 4 ( 2 ) 1 4 ( 2 )
| (a); | 1 5 ( b ) (i), (ii); | 17 (1 ) |
(e); 19 (3); 21 (1) (c).
| Section | 2 ; | Heading | to | Sale | (wherever | occurring) | Supply |
Divis ion 1 of Part III; Heading to Division 1 of Part IV.
| Section 4 (1), definition of "Supply". | includes | includes sell, or |
Section 4 (1), definition of "Supply".
| Sections 4 (1), paragraph sell (wherever | occurring) | supply |
(a) of the definition of "Wholesale dealing"; 10
| (1); | 12 (2 ) ; 13 (2 ) ; 15; |
| 34 (1). |
| Sections 8 (2), the matter sold (wherever | occurring) | supplied |
| under | the | heading |
| Schedule | One | (Danger- |
| ous Poisons); | 14 (2) (c); |
| 1 7 ( l ) ( d ) ; 4 1 | (i). |
| Section 8 (2), paragraph purchaser | user |
(i) o f the matter under
| the | heading | Schedule |
| Three | (Potent | Sub- |
| stances). |
| Section 9 (1) (a) . . | sell (where secondly | occur | supply | ||
| ring) | |||||
| Section 10 (1) ( a ) . . | sals of goods by retail | ||||
| sals of goods by retail |
|
retail sale
| Sections 11 (1 ) ; 18 (a ) ; 35 sells (wherever | occurring) | supplies |
(1); 4 3 ( 1 ) (a).
| Sections 11 (1), (2), (3) ; purchaser (wherever | occur person supplied |
| 1 4 ( 1 ) . | ring) |
| Section 11 (2) | Such person | The supplier |
| Sections 11 (2), (4 ) ; 1 2 ( 1 ) , (2) (a ) ; 13 (1), (2 ) ; 14 | vendor | (wherever | occur | supplier |
| ring) |
(2), (3), (4 ) ; 15 (b);
1 9 ( 3 ) .
| Section 11 (3) | Purchaser | Person supplied |
| Sections 12 (1); 13 (1) | . . sales | and | purchases | supplies |
(wherever occurring)
| Sections 14 (2) (a); 15 (b) purchaser (wherever | occur person to be supplied |
| (ii). | ring) |
S C H E D U L E
S C H E D U L E 2—continued.
A M E N D M E N T S T O T H E P O I S O N S A C T , 1 9 6 6 , BY WAY O F SUBSTITUTION
R E L A T I N G TO T H E S U P P L Y O F SUBSTANCES—cont inued.
Column 1. Column 2.
Provision of the Matter to be omitted. Matter to be inserted. Poisons Act , 1966.
Section 1 4 ( 1 ) ( b ) . . purchase is made supply is obtained Section 14 (2) ( a ) . . purchased supplied
Section 14 (2) ( c ) . . purchaser (where firstly person to be supplied occurring)
the purchaser (where that person
secondly occurring)
Section 1 4 ( 2 ) ( d ) . . purchasers persons supplied
Section 14 (3) purchaser (where firstly person occurring) purchase be supplied with
the purchaser (wherever that person
occurring)
Section 14 (4) purchaser person
Section 15 ( b ) ( i ) . . purchaser person supplied or to be supplied
Section 17 (1) ( g ) . . sale, purchase supply
Section 24 (2) (a) (ii) selling by retail supplying Section 36 (1) (a) (ii) sell or supply any supply Section 45A (4) (a)
the contrary
that he had that drug or substance in his possession otherwise than for supply
S C H E D U L E S C H E D U L E 3 .
| A M E N D M E N T S | T O | T H E | P O I S O N S | A C T , | 1 9 6 6 , | BY | WAY | O F | O M I S S I O N |
R E L A T I N G T O T H E S U P P L Y O F S U B S T A N C E S .
Column 1. Co lumn 2.
| Provision of the Poisons Act, 1966. | Matter to be omitted. |
| Section 4 (1), definition of "Automat ic | selling or |
| machine". | seller or the sale or |
| Section 4 (1), definition of "Sell" | . . | ; and "sale" and each of the other derivations of "sell" have corres ponding interpretations |
| Section 4 (1), definition | of | " S u p p l y " . . | and the derivations of "supply" have |
| corresponding interpretations |
| Sections 4 (1), definition of "Whole sale", paragraphs (a) and (b) o f the definition of "Wholesale dealing"; 36 (1) (a) ( i ) ; 37 (1). | sale or (wherever | occurring) |
| Section 9 (1) (a), (b) | or sell (wherever | occurring) |
| Section 17 (1) (c) | purchased, sold, | |
| Sections 18A (1); 21 (2A) | or sells (wherever | occurring) |
| Sections 18A (2) ; 19 (1) (a), (4 ) ; 45A (4) | or sale (wherever | occurring) |
| Section 21 (1) (a) | , sells, | |
| Section 21 (2) (a) | sell, | |
| Section 21 (2A) (a) | and sell | |
| Section 24 (1) (b), (e), (i) | sale, (wherever | occurring) |
| Section 32 (1) (a) | sells, | |
| Section 36 (1) (d) | purchase or | |
| Section 37 (1) | sold or |
| Section 45A (1) (a), (b), (c) | . . | or selling (wherever | occurring) |
SCHEDULE SCHEDULE 4.
DECISIONS OF THE DISTRICT COURT OF NEW SOUTH WALES.
Regina v. Nikola Stojanovski given at Wollongong on 25th
November, 1975. File No. 75/5770.
Regina v. Kenneth James Lind given at Sydney on 10th
March, 1976. File Nos. 75/349 and 75/787.
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